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CL_AGN_240422_CC_AgendaPacket_F
1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 5.APPROVE ORDER OF THE AGENDA This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder. 6.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. 7.PUBLIC COMMENT ON NON-AGENDA ITEMS This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 8.CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion. 8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 22, 2024 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, April 22, 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. 1362 Next Ordinance No. 385 1 RECOMMENDATION: Approve. 8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: APRIL 8, 2024 REGULAR MEETING RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 8.E.ACCEPT THE FINAL IMPROVEMENTS AND COMPLETION OF STORM HILL LANE AND AUTHORIZE THE RELEASE OF BONDS R E COM M EN DATI O N : Accept the final improvements and completion of Storm Hill Lane and authorize staff to release the bonds for such improvements. CL_AGN_240422_CC_AffidavitofPosting.pdf CL_MIN_240408_CC_F.pdf CL_AGN_240422_CC_PaymentOfBills_E.pdf Attachment 1: Storm Hill- Request Letter (03.18.24).pdf Attachment 2: PW_StormHillLane_SHL_240305_Bond_List.pdf Attachment 3: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO830435A - Veg. Rest. - Faith Perf.pdf Attachment 4: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304191- UG Util - Faith Perf.pdf Attachment 5: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304233 - Rd. Const. - Faith Perf.pdf Attachment 6: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304270 - Water Main - Faith Perf.pdf Attachment 7: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304312 - Corr. Geo. - Faith Perf.pdf Attachment 8: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304439 - Maint. Veg.pdf Attachment 9: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304476 - Monument Bond.pdf Attachment 10: RHCA_Easement_Deed_NewRoad - 20220260314 - 03.07.2022.pdf Attachment 11: 6th Amend Storm Hill Subdiv Agreement (Signed) - PM 26356- 06.pdf Attachment 12: PW_StormHillLn_Utility_Will_Serve_Confirmations.pdf Attachment 13: PW_StormHillLane_231116_TC_Staff_Report.pdf Attachment 14: PW_StormHillLane_231211_TC_Staff_Report.pdf Attachment 15: PW_StormHillLane_200113_CC_Staff_Report_all.pdf Attachment 16: PW_SHL_SHLDesignPlans-PlanningCOAReview_AsBuiltPlan_reduced.pdf 2 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 10.A.ZONING CASE NO. 23-100: SITE PLAN REVIEW TO DEMOLISH AN EXISTING RESIDENCE, EXPAND THE RESIDENTIAL BUILDING PAD, CONSTRUCT A NEW RESIDENCE, ATTACHED GARAGE, SWIMMING POOL, RETAINING WALLS EXCEEDING A HEIGHT OF 3 FEET (UP TO A MAXIMUM HEIGHT OF 5 FEET), NON-EXEMPT GRADING, AND OTHER IMPROVEMENTS; AND VARIANCE TO EXCEED THE 40% DISTURBANCE FOR A PROPERTY LOCATED AT 4 SPUR LANE, ROLLING HILLS, CA, 90274, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 11-B-CH) (LUKIC) RECOMMENDATION: Receive and file. 10.B.ZONING CASE NO. 23-137: SITE PLAN REVIEW TO CONSTRUCT AN ADDITION TO AN EXISTING RESIDENCE GREATER THAN 999 SQUARE FEET, ATTACHED COVERED PORCHES, OUTDOOR KITCHEN, AND OTHER IMPROVEMENTS; AND VARIANCE REQUESTS TO CONSTRUCT IN THE FRONT YARD SETBACK AND WAIVE THE REQUIREMENT FOR A STABLE AND CORRAL SET ASIDE AREA, FOR A PROPERTY LOCATED AT 29 EASTFIELD DRIVE, ROLLING HILLS, CA, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 45-EF) (AQUINO) RECOMMENDATION: Receive and file. 11.PUBLIC HEARINGS 12.OLD BUSINESS 12.A.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 DIRECT STAFF TO PREPARE A TIMELINE TOWARDS A PUBLIC HEARING Attachment 1: PL_ADR_4SpurLn_ZC23-100_240111_PC_VicinityMap.pdf Attachment 2: 240418_4SpurLane_Development Table (ZC23- 100)_3rd_CCMeeting4.22.24.pdf Attachment 3: 2024-03_PC_Resolution_4SpurLane_ZC 23-100_Lukic_F_E.pdf Attachment 4: CL_AGN_240116_PC_BlueFolderItem_10B_PublicComment01.pdf Attachment 5: 240304_4SpurLane_RHCA_EasementApproval.pdf Attachment 6: 240418_4SpurLane_ZC23-100_Grading Table_Revised.pdf Attachment 7: CL_AGN_240319_PC_Item9A_PublicComment01.pdf Attachment 8: 4SpurLane_ZC23-100_PublicComment_McNabb Attachment 9: Approval of Minutes 2.22.24 RHCA approved 3-7-24.pdf Attachment 10: 240415_4SpurLane_ZC23-100_DevelopmentPlans.pdf Attachment 1: PL_ADR_240306_29EastfieldDrive_ZC23-137_RadiusMap_js.pdf Attachment 2: 240214_29EastfieldDrive_Development Table (ZC23-137).pdf Attachment 3: 2024-04_PC_Resolution_29EastfieldDrive_ZC23-137_Aquino_F_E.pdf Attachment 4: 240311_Photos 29 Eastfield Drive.pdf Attachment 5: 240214_29EastfieldDrive_ZC23-137_Plans.pdf 3 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 RHCA Board on May 2, 2024, before returning for a formal Public Hearing with the City Council at a special meeting between May 21 and May 31 after a 15-day Public Noticing requirement per Government Code. 13.NEW BUSINESS 13.A.RECEIVE AND FILE FISCAL YEAR 2024/2025 PROPOSED GENERAL FUND REVENUE PROJECTIONS AND EXPENDITURES BY DEPARTMENT RECOMMENDATION: Receive and file proposed General Fund revenues and expenditures for fiscal year 2024/25; and direct staff to forward this item to the Finance/Budget/Audit Committee for a more detailed discussion of the proposed budget. 13.B.APPROVE PHASE 1 OF THE PORTUGUESE BEND ROAD / ROLLING HILLS ROAD 8" SEWER MAIN PROJECT DESIGN AND AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS REC OMMEN D AT ION: Approve as presented. Provide direction to staff on funding strategy. 13.C.APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HOT LINE CONSTRUCTION, INC TO PROVIDE POTHOLING SERVICES FOR THE 20B PORTION OF THE EASTFIELD DRIVE FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $57,915 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4382-177-7R-CA, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Approve as presented. Attachment A- CL_AGN_240422_CC_SiteLogIQ_DER_OptionsMatrix.pdf Attachment B - CL_AGN_240422_CC_SiteLogIQ_SolarGenerator_PrelimSitePlan.pdf Attachment C - CL_AGN_240422_CC_KohlerGenerator_48RCLC_Specs.pdf Attachment D - CL_AGN_231214_CC_Item12A_SiteLogiQ_Solar_BatteryStorageProposal.pdf Attachment E - CL_AGN_240311_CC_Item13B_SiteLogiQ_CH- only_Solar_DFGeneratorProposal.pdf Attachment F - CL_AGN_240325_CC_Item12C_SiteLogiQ_CH- only_Solar_DFGeneratorProposal_rev.pdf Attachment A - CL_AGN_240422_CC_Proposed_FY2024-25_GF-Revenues.pdf Attachment B - CL_AGN_240422_CC_Proposed_FY2024-25_GF_Expenditures.pdf Attachment C - CL_AGN_240422_CC_FY2024-25_GF_Balancing.pdf Attachment D - CL_AGN_240422_CC_Proposed_FY2024-25_BudgetPresentation_F.pdf Attachment A - CL_AGN_240325_Lieu_FY24_CF_PressRelease.pdf PW_SEW_231110_8inch_PBR_RHR_Design.pdf Attachment A - CA_AGR_240422_HotLineConst_Eastfield_UU_20B_Potholing.pdf Attachment B - GR_OES_240409_Eastfield20B_RFP_Potholing_EE-Electric.pdf Attachment C - GR_OES_240409_Eastfield20B_RFP_Potholing_HotLine.pdf Attachment D - GR_OES_240409_Eastfield20B_RFP_Potholing_Aztec.pdf Attachment E - GR_OES_240409_Eastfield20B_RFP_Potholing_KSE.pdf Attachment F - GR_OES_240409_Eastfield20B_RFP_Potholing_VCI.pdf 4 13.D.APPROVE THE ROLLING HILLS COMMUNITY ASSOCIATION LEAD RESPONSIBILITY FOR THE COMBINED TENNIS COURT ADA AND CABANA PROJECTS AND CITY TO TAKE LEAD FOR CONSTRUCTION OF THE SUBSEQUENT TENNIS COURT #1 EXPANSION PROJECT RECOMMENDATION: Approve as presented. 14.MATTERS FROM THE CITY COUNCIL 14.A.CONSIDERATION OF RESOLUTION IN SUPPORT OF THE BI-PARTISAN HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 (COUNCILMEMBER DIERINGER) RECOMMENDATION: Receive and file. Consider the attached draft resolution and, if supportive, direct staff to return with a resolution for adoption on May 13, 2024. 15.MATTERS FROM STAFF 15.A.RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE ENFORCEMENT QUARTERLY REPORT FOR THE FIRST QUARTER OF 2024 (JANUARY 1 THROUGH MARCH 31) RECOMMENDATION: Receive and file. 16.RECESS TO CLOSED SESSION 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, May 13, 2024, at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. PW_CHC_240415_TC-Projects_DraftTImeline.pdf Attachment A - CL_AGN_240422_CC_Prop47_Reform_DraftResolution.pdf Attachment B - CL_AGN_240422_CC_23-0017A1_DrugAddictionTheftReform.pdf Attachment C - CL_AGN_240422_CC_Prop47_FAQs.pdf Attachment D - CL_AGN_240422_CC_CA_SafeCommunities_FactSheet.pdf Attachment E - CL_AGN_240422_CC_HomelessnessAct_Handout.pdf Attachment 1: CE_QRP_2024_Q1_240417_CE_AllOpenCases.pdf Attachment 2: CE_QRP_2024_Q1_OpenedCases.pdf Attachment 3: CE_QRP_2024_Q1_ClosedCases.pdf Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 5 6 Agenda Item No.: 8.A Mtg. Date: 04/22/2024 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 APRIL 22, 2024 DATE:April 22, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_240422_CC_AffidavitofPosting.pdf 7 Administrative Report 8.A., File # 2276 Meeting Date: 4/22/2024 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF APRIL 22 , 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 APRIL 22 , 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: April 19, 2024 8 Agenda Item No.: 8.B Mtg. Date: 04/22/2024 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:April 22, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 9 Agenda Item No.: 8.C Mtg. Date: 04/22/2024 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: APRIL 8, 2024 REGULAR MEETING DATE:April 22, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_240408_CC_F.pdf 10 MINUTES – CITY COUNCIL MEETING Monday, April 8, 2024 Page 1 Minutes Rolling Hills City Council Mon day, April 8, 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 Pro Tem Pieper, Mayor Mirsch Councilmembers Absent: Black Staff Present: Karina Bañales, City Manager Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, AICP, Planning & Community Services Director Samantha Crew, Management Analyst Stephanie Grant, Assistant Planner Robert Samario, Finance Operations Lead Consultant Pat Donegan, City Attorney 3. PLEDGE OF ALLEGIANCE – City Clerk / Executive Assistant to the City Manager Christian Horvath 4. PRESENTATIONS / PROCLAMATIONS / ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Mayor Mirsch requested that Item 13A be moved ahead of any excluded Consent Calendar Items. Motion by Councilmember Wilson, seconded by Mayor Pro Tem Pieper to approve as requested. Motion carried unanimously with the following vote: AYES: Wilson, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: Black 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE 7. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 8, 2024 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: MARCH 25, 2024 REGULAR MEETING 8.D. PAYMENT OF BILLS 11 MINUTES – CITY COUNCIL MEETING Monday, April 8, 2024 Page 2 8.E. ADOPT RESOLUTION NO. 1361 ACCEPTING CALIFORNIA WATER SERVICE’S 2024 LAWN- TO-GARDEN REBATE PROGRAM OFFER TO IMPLEMENT HOME HARDENING STRATEGIES AND REFRESHED WATER WISE PLANTING AND IRRIGATION IN AND AROUND CITY HALL CAMPUS AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 8.F. PULLED BY COUNCILMEMBER DIERINGER 8.G. AUTHORIZE AGREEMENT WITH SOUTH BAY CITIES COUNCIL OF GOVERNMENTS TO IMPLEMENT SB 1383 LOCAL ASSISTANCE GRANT PROGRAM AWARDED BY CALRECYCLE Motion by Mayor Pro Tem Pieper, seconded by Councilmember Wilson to approve Consent Calendar except Item 8F. Motion carried unanimously with the following vote: AYES: Wilson, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: Black Mayor Mirsch moved to Item 13A. 13. NEW BUSINESS 13.A. PRELIMINARY FISCAL YEAR 2024/25 PROJECTIONS AND BALANCING FOR THE GENERAL FUND Presentation by Finance Operations Lead Consultant Robert Samario Motion by Mayor Pro Tem Pieper, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: Black Mayor Mirsch moved back to Excluded Consent Calendar Items. 9. EXCLUDED CONSENT CALENDAR ITEMS 8.F. APPROVE THE HARBOR TOXICS COST SHARE FORMULA FOR THE UPCOMING MEMORANDUM OF UNDERSTANDING WITH THE REGIONAL MONITORING COALITION Motion by Mayor Pro Tem Pieper, seconded by Councilmember Wilson to approve as presented and request the new MOU include the insertion of a termination clause similar to the existing MOU. Motion carried unanimously with the following vote: AYES: Wilson, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: Black 10. COMMISSION ITEMS – NONE 11. PUBLIC HEARINGS – NONE 12 MINUTES – CITY COUNCIL MEETING Monday, April 8, 2024 Page 3 12. OLD BUSINESS – NONE 14. MATTERS FROM THE CITY COUNCIL Mayor Mirsch commented on attending a virtual Our Neighborhood Voices meeting where discussion ensued around the California Coastal Commission sharing concerns surrounding the State legislature potentially enacting legislation that removes their purview over coastal areas. She also mentioned discussion around Accessory Dwelling Units not generating as much housing as previously predicted. 15. MATTERS FROM STAFF 15.A. CONSIDER DISSOLVING THE STANDING SOLID WASTE AND RECYCLING COMMITTEE AND CREATE A LIMITED AD HOC COMMITTEE TO RESOLVE SPECIFIC ISSUES RELATED TO SOLID WASTE SERVICES IN THE CITY Presentation by City Manager Karina Banales City Attorney Patrick Donegan Motion by Mayor Pro Tem Pieper, seconded by Councilmember Dieringer to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: Black 16. RECESS TO CLOSED SESSION – NONE 17. RECONVENE TO OPEN SESSION – NONE 18. ADJOURNMENT: 7:49 P.M. The meeting was adjourned at 7:49 p.m. on April 8, 2024. The next regular adjourned meeting of the City Council is scheduled to be held on Mon day, April 22, 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. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Leah Mirsch, Mayor 13 Agenda Item No.: 8.D Mtg. Date: 04/22/2024 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:April 22, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_240422_CC_PaymentOfBills_E.pdf 14 15 16 Agenda Item No.: 8.E Mtg. Date: 04/22/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:ACCEPT THE FINAL IMPROVEMENTS AND COMPLETION OF STORM HILL LANE AND AUTHORIZE THE RELEASE OF BONDS DATE:April 22, 2024 BACKGROUND: On November 19, 2019, the Planning Commission adopted Resolution No. 2019-16, granting approval of a Site Plan Review for the grading and development of Storm Hill Lane and adopting a mitigated negative declaration and mitigation monitoring reporting program in Zoning Case No. 950. On November 21, 2019, the Traffic Commission reviewed and recommended approval of the new roadway and the intersection of Storm Hill Lane with Johns Canyon Road. On January 13, 2020, the City Council reviewed the Planning Commission's decision and the Traffic Commission's recommendation for the development and grading of Storm Hill Lane and accepted the project. In 2022, the applicant went through a plan check with LA County to obtain permits. In early 2023, construction of the new road commenced and was completed later in the year. On September 28, 2023, the Traffic Commission received a report on the status of the new road. Staff informed the Traffic Commission that the road, including the storm drains, would be maintained by the Rolling Hills Community Association (RHCA). Construction of the new road is complete. Subdivision Improvement Agreement On June 8, 2005, the City entered into a Subdivision Improvement Agreement with the applicant, Storm Properties, Inc., and Claudia Storm Grzywacz in order to subdivide properties and construct a road. The agreement has been amended several times to avoid expiration. The current sixth amendment requires the applicant to complete improvements no later than June 8, 2024. 17 Request Under the agreement, the applicant was required to provide several performance bonds for the completion of the road. The performance bonds guarantee that the applicant will complete certain work according to the terms outlined in the agreement. The applicant was required to pay the bonds to a bond company who holds the bond until the City allows the bonds to be released back to the applicant. If the applicant fails to complete the work, the City can use the money to complete the work on its own or as financial compensation. The road is now complete, and in order to avoid a seventh amendment, the applicant is requesting the release of bonds prior to the expiration of the agreement on June 8, 2024. The bonds are in place to obligate the applicant to perform the following: 1. Install survey monuments: Bond No. K08304476 for $6,382 2. Maintain native vegetation: Bond No. K08304439 for $75,330 3. Complete requirements for Final Parcel Map No. 26356: Bond No. K0830435A for $78,384 4. Perform corrective geology: Bond No. K08304312 for $82,800 5. Construct the road per plan: Bond No. K08304233 for $127,839 6. Underground utilities: Bond No. K08304191 for $219,247 7. Provide a water main extension and fire hydrant: Bond No. K08304270 for $97,590 DISCUSSION: The applicant has performed all the work required to release the performance bonds. As part of construction, survey monuments were installed, Final Parcel Map No. 26356 was recorded, corrective geology activities were performed, the road was constructed, utilities were undergrounded, and a water main extension and fire hydrant were installed. The applicant indicates the requirement to maintain native vegetation (Bond No. K08304439) was made under a previous design for a longer road approved in the 2000s that was meant to protect 0.32 acres of existing coastal sage scrub that would have been removed due to grading. The 2019 approval that was eventually built was for a shorter road that did not affect the coastal sage scrub, and thus there is no need for the bond. As such, the applicant is requesting the release of all seven bonds. Maintenance The new road, including the storm drains, will be maintained by the Rolling Hills Community Association (RHCA). The applicant recorded an easement for the ongoing access/maintenance of this road by RHCA (see attachment). The applicant also has a preferred storm drain maintenance company used in the past. The applicant and RHCA have been in communication, and the feedback has been positive, as the cost of storm drain maintenance is relatively low. New Lots Supported by Storm Hill Lane The new road supports three new lots created by a subdivision. There is also a developed lot at 4 Storm Hill Lane that will have access. The road is approximately 564 feet in length and terminates at a cul-de-sac. The road was approved by the Fire Department and constructed to LA County Road construction standards. The intersection at Storm Hill Lane is 57 feet wide and has a 30-foot paved surface within a 60-foot-wide roadway easement area. The Planning Commission approved the project on November 19, 2019, and the Traffic Commission on November 21, 2019. The City’s Traffic Engineer reviewed the plans prior to City approval. 18 Progress Update The road work is now fully complete. All utilities have been installed, the area has been graded, and the road has been paved. Rolled curbs have been installed, and hydroseeding has been planted. Onward Engineering, hired by the City, has inspected the dry sewer, which has been successfully installed. Public Works inspections for the road are being handled by LA County Building and Safety. Mulch and hydroseeding have been added. RHCA has reviewed the bridle trail easement on the side of the road, leading down toward a canyon to the east. On February 22, 2024, a lot line adjustment was submitted to the Planning Department to adjust the lot lines between the lots (Zoning Case No. 24-018). The application is being reviewed and prepared for Planning Commission Review. The "as-built" plan has been submitted as required in the conditions of approval. There were two minor revisions from the original approved plan, which included: 1. Relocation of a storm drain grate to align with the rolled curb to collect storm water properly and 2. Substitution of decomposed granite with wood chips/mulch on horse trails per RHCA. The County inspector has signed off on the grading/drainage permit card for the underground drainage, grading, and asphalt. Southern California Edison (SCE), SoCalGas, Cal Water, Cox Communications, and Frontier will provide utility services. The applicant's civil engineer has installed monumentation for future surveying. If authorized by City Council, staff can prepare release letters to the bond company to release the bonds. FISCAL IMPACT: None. Project funded by applicant, including public works inspections. RECOMMENDATION: Accept the final improvements and completion of Storm Hill Lane and authorize staff to release the bonds for such improvements. ATTACHMENTS: Attachment 1: Storm Hill- Request Letter (03.18.24).pdf Attachment 2: PW_StormHillLane_SHL_240305_Bond_List.pdf Attachment 3: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO830435A - Veg. Rest. - Faith Perf.pdf Attachment 4: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304191- UG Util - Faith Perf.pdf Attachment 5: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304233 - Rd. Const. - Faith Perf.pdf Attachment 6: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304270 - Water Main - Faith Perf.pdf Attachment 7: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304312 - Corr. Geo. - Faith Perf.pdf Attachment 8: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304439 19 - Maint. Veg.pdf Attachment 9: PW_StormHillLane_SHL_Bonds_Request_for_Release_Recorded_KO8304476 - Monument Bond.pdf Attachment 10: RHCA_Easement_Deed_NewRoad - 20220260314 - 03.07.2022.pdf Attachment 11: 6th Amend Storm Hill Subdiv Agreement (Signed) - PM 26356- 06.pdf Attachment 12: PW_StormHillLn_Utility_Will_Serve_Confirmations.pdf Attachment 13: PW_StormHillLane_231116_TC_Staff_Report.pdf Attachment 14: PW_StormHillLane_231211_TC_Staff_Report.pdf Attachment 15: PW_StormHillLane_200113_CC_Staff_Report_all.pdf Attachment 16: PW_SHL_SHLDesignPlans-PlanningCOAReview_AsBuiltPlan_reduced.pdf 20 21 Storm Hill- Bonds 03/05/24 Status Bond Number Obligee Type Of Bond Description Bond Amount In Effect K08304476 City of Rolling Hills Subdivision Survey Monuments - Final Parcel Map No. 26356, Zoning Case No. 615, Storm Lane $6,382.00 In Effect K08304439 City of Rolling Hills Subdivision Maintenance of Native Vegetation - Final Parcel Map No. 26356 $75,330.00 In Effect K0830435A City of Rolling Hills Subdivision Final Parcel Map No. 26356, Storm Hill Lane $78,384.00 In Effect K08304312 City of Rolling Hills Subdivision Corrective Geology - Final Parcel Map No. 26356, Storm Hill Lane $82,800.00 In Effect K08304233 City of Rolling Hills Subdivision Road Construction - Final Parcel Map No. 26356, Storm Hill Lane $127,839.00 In Effect K08304191 City of Rolling Hills Subdivision Underground Utilities - Final Parcel Map No. 26356, Zoning Case No. 615, 4 Storm Hill Lane $219,247.00 In Effect K08304270 City of Rolling Hills Subdivision Water Main Extension and Fire Hydrant - Final Parcel Map No. 26356, Storm Hill Lane $97,590.00 22 Storm Hill‐ Bonds 03/05/24Status Bond Number Issuing CarrierSubsidiary Principal Obligee Type Of Bond DescriptionBond AmountIn Effect K08304476 Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Survey Monuments ‐ Final Parcel Map No. 26356, Zoning Case No. 615, Storm Lane $6,382.00In Effect K08304439 Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Maintenance of Native Vegetation ‐ Final Parcel Map No. 26356 $75,330.00In Effect K0830435A Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Final Parcel Map No. 26356, Storm Hill Lane $78,384.00In Effect K08304312 Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Corrective Geology ‐ Final Parcel Map No. 26356, Storm Hill Lane $82,800.00In Effect K08304233 Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Road Construction ‐ Final Parcel Map No. 26356, Storm Hill Lane $127,839.00In Effect K08304191 Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Underground Utilities ‐ Final Parcel Map No. 26356, Zoning Case No. 615, 4 Storm Hill Lane $219,247.00In Effect K08304270 Westchester Fire Insurance Company Storm Industries Inc Storm Industries Inc City of Rolling Hills Subdivision Water Main Extension and Fire Hydrant ‐ Final Parcel Map No. 26356, Storm Hill Lane $97,590.00 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 ************************************************************************************* ************************************************************************************* 101 ************************************************************************************* 102 Agenda Item No.: 10.A Mtg. Date: 11/16/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE TRAFFIC COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:RECEIVE AND FILE A REPORT ON STORM HILL LANE DATE:November 16, 2023 BACKGROUND: Staff reported this item at the September 28th Traffic Commission meeting. At that meeting, the Commission asked about future maintenance of the new road and storm drains. History The Traffic Commission reviewed and approved an item to relocate the intersection of Storm Hill Lane with Johns Canyon Road on November 21, 2019. City Council received and filed the Traffic Commission and Planning Commission's actions on the project on January 13, 2020. Construction to install the new road has been ongoing for the past several months and is nearing completion. DISCUSSION: Maintenance The new road, including the storm drains, will be maintained by the RHCA after completion/sign offs. The applicant recorded an easement for the ongoing access/maintenance of this road by RHCA (see attachment). The applicant also has a preferred storm drain maintenance company that was used in the past. The applicant and RHCA have been in communication and the feedback has been positive as the cost of storm drain maintenance is relatively low. New Lots Supported by Storm Hill Lane The new road will support new lots created by a subdivision. There are four lots which have access to the new road: one developed and the other three vacant. The road is approximately 564 feet in length and terminates at a cul-de-sac. The road was approved by the Fire Department and constructed to LA County road construction standards. The intersection at Storm Hill Lane is 57 feet wide and has a 30-foot paved surface within a 60-foot-wide roadway easement area. The project was approved by the Planning Commission on November 19, 2019. The City’s Traffic Engineer reviewed the plans prior to City approval. 1 103 Progress Update Road work is complete. All utilities have been installed, the area has been graded, the road is paved, rolled curbs have been installed, and hydroseeding has been planted. Onward Engineering was hired by the City to inspect the dry sewer, which has been installed. Public Works inspections for the road is handled by LA County Building and Safety. Mulch and hydroseeding has been added. RHCA is reviewing the bridle trail easement on the side of the road which leads down toward the canyon. A lot line adjustment is expected to align the easement with the property line. The applicant will be working on the lot line adjustment in the foreseeable future. The "as-built" plan has been submitted as required in the conditions of approval. There were two minor revisions from the original approved plan which included: 1. Relocation of a storm drain grate to align with the rolled curb in order to collect storm water properly; and 2. Substitution of decomposed granite with wood chips/mulch on horse trails per RHCA. The County inspector has signed off on the grading/drainage permit card regarding the underground drainage, grading, asphalt, etc. The applicant is working on obtaining confirmation emails from the utility companies regarding the ability to serve the area. The applicant's civil engineer will be installing monumentation needed for future surveying. FISCAL IMPACT: None. Project funded by applicant. RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1: RHCA Easement (New Road) - 20220260314 - 03.07.2022.pdf 2 104 Agenda Item No.: 10.A Mtg. Date: 12/11/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE TRAFFIC COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES SUBJECT:RECEIVE AND FILE A REPORT ON STORM HILL LANE DATE:December 11, 2023 BACKGROUND: Staff reported this item at the September 28th Traffic Commission meeting. At that meeting, the Commission asked about future maintenance of the new road and storm drains. History The Traffic Commission reviewed and approved an item to relocate the intersection of Storm Hill Lane with Johns Canyon Road on November 21, 2019. City Council received and filed the Traffic Commission and Planning Commission's actions on the project on January 13, 2020. Construction to install the new road has been ongoing for the past several months and is nearing completion. DISCUSSION: Maintenance The new road, including the storm drains, will be maintained by the RHCA after completion/sign offs. The applicant recorded an easement for the ongoing access/maintenance of this road by RHCA (see attachment). The applicant also has a preferred storm drain maintenance company that was used in the past. The applicant and RHCA have been in communication and the feedback has been positive as the cost of storm drain maintenance is relatively low. New Lots Supported by Storm Hill Lane The new road will support new lots created by a subdivision. There are four lots which have access to the new road: one developed and the other three vacant. The road is approximately 564 feet in length and terminates at a cul-de-sac. The road was approved by the Fire Department and constructed to LA County road construction standards. The intersection at Storm Hill Lane is 57 feet wide and has a 30-foot paved surface within a 60-foot-wide roadway easement area. The project was approved by the Planning Commission on November 19, 2019. The City’s Traffic Engineer reviewed the plans prior to City approval. 1 105 Progress Update Road work is complete. All utilities have been installed, the area has been graded, the road is paved, rolled curbs have been installed, and hydroseeding has been planted. Onward Engineering was hired by the City to inspect the dry sewer, which has been installed. Public Works inspections for the road is handled by LA County Building and Safety. Mulch and hydroseeding has been added. RHCA is reviewing the bridle trail easement on the side of the road which leads down toward the canyon. A lot line adjustment is expected to align the easement with the property line. The applicant will be working on the lot line adjustment in the foreseeable future. The "as-built" plan has been submitted as required in the conditions of approval. There were two minor revisions from the original approved plan which included: 1. Relocation of a storm drain grate to align with the rolled curb in order to collect storm water properly; and 2. Substitution of decomposed granite with wood chips/mulch on horse trails per RHCA. The County inspector has signed off on the grading/drainage permit card regarding the underground drainage, grading, asphalt, etc. The applicant is working on obtaining confirmation emails from the utility companies regarding the ability to serve the area. The applicant's civil engineer will be installing monumentation needed for future surveying. FISCAL IMPACT: None. Project funded by applicant. RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1: RHCA Easement (New Road) - 20220260314 - 03.07.2022.pdf 2 106 Agenda Item No.: 6.B Mtg. Date: 01/13/2020 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT: CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-17 FROM THE PLANNING COMMISSION GRANTING APPROVAL FOR GRADING FOR A NEW ROAD TO SERVE PROPERTIES ON STORM HILL LANE; AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM REQUEST IN ZONING CASE NO. 950; AND APPROVING REQUEST FOR ONE-YEAR TIME EXTENSION OF SCHEDULE A THROUGH E (STORM PROPERTIES, INC.) DATE:January 13, 2020 BACKGROUND: The applicants, Storm Properties, Inc. have requested a Site Plan Review for grading and construction of a private road with substructures. Construction of the improvements was a requirement of a subdivision application in Parcel Map No. 26356, known as Storm Hill Lane, which was finaled and recorded in 2005. The required improvements included construction of a road, undergrounding utility lines, fire hydrant, water lines, gas lines, monuments (for property lines markings), sewer line with stub out for future use and a mitigation, restoration and maintenance agreement for re-vegetation of plants, (on lot 3 only), that would be lost to grading, when the lot is developed. Prior to finalizing the Parcel Map instead of constructing the improvements, the owners opted to deposit construction bonds with the City in the amount that it would cost to design and construct these improvements and entered into an agreement with the City that the improvements were to be completed within 3-years, or prior to either sale or development of any of the 3-vacant parcels. The development agreement was extended several times since 2005; the latest agreement is expiring in June 2020. The property owners do not have a time frame for development of the lots, although they’re considering a sale of Parcel 1-adjacent to Johns Canyon Rd., which would trigger the implementation of the subdivision agreement; whereas before there was no reason to construct the road and all of the appurtenant structures. Once the improvements are completed, the City would be able to release the security bonds. Concurrently, in Zoning Case No. 949, the applicants have requested a Lot Line Adjustment between the four parcels of land, which were created by the subdivision. Other than the road, no new development is being proposed with this application. DISCUSSION: The originally approved road would be approximately 1,130 feet long and would start at the junction of Johns Canyon Road and Storm Hill Lane and continue between the property lines (in the roadway easements) of Parcels 1 and 4 and 1 and 2 ending with a hammerhead at the boundary of the property line of Parcel 3. The grading for this road was approved at 12,000 cubic yards of cut and 500 cubic yards of fill on parcels 1 and 2; and would be balanced on those parcels if the pads were being created at the same time as the road. Otherwise, 11,500 cubic yards of the dirt was proposed to be spread and some stockpiled on those two parcels. The proposed project entails construction of a 564-foot long by 30 feet wide paved road within a 60-foot wide roadway easement with a 64- foot diameter cul-de-sac and 8’ bridle trails easement on either side of the paved road; meeting the requirements of the Fire Department and City’s code, as well as RHCA requirement for bridle trail along the road. The entire road and the cul-de-sac will be located on Parcel 1. The road will be constructed to LA County road construction standards. The grading will be entirely for the construction of the road and not for the building pads and will entail 2,800 cubic yards (CY) of cut of which 350 CY will be used for fill on lot 1 (for the road). The remaining dirt is planned to be spread roughly 2’ high over an area of approximately 49,000 SF or 140’ x 350’ (shown as the oval area on the plans) on lot 1. This area will be compacted and hydroseeded but will not be prepared for construction. Very little disturbance, (0.17%), is proposed on Parcels 2, and 3 each; 2.31% of parcel 4 will be disturbed and 19.79% (65,340 SF) of parcel 1 will be disturbed for the road and stockpiling. 94 107 TRAFFIC COMMISSION The proposed road meeting Johns Canyon Road, will be moved approximately 30 feet east of the location approved with the subdivision, and will be 40’ wide. The road will vary in slope from 3% to 15%, which is permitted. The Traffic Commission reviewed the project, after each commissioner independently visited the site, and at their November 21, 2019 meeting recommended approval. The Traffic Engineer visited the site as well and prepared a recommendation to the Traffic Commission. The Traffic Engineer’s report is included. ENVIRONMENTAL REVIEW An environmental review of the entire project was prepared with the subdivision request in 2000. At that time it was determined that the project, with mitigation measures, will not have a significant negative effect on the environment. With several revisions in CEQA law since 2000, it was determined that the proposed revised road and its proposed location constitute a new project and is subject to a new CEQA review Pursuant to the requirements of the California Environmental Quality Act, (CEQA), Mitigated Negative Declaration was prepared for this project. It was determined that with the proposed mitigation measures no significant environmental effects will result from this project. A copy of the Initial Study/Mitigated Negative declaration was provided to the Planning Commissioners on a thumb drive, and is also being provided to the City Council, and can be found on City’s website at http://www.rolling-hills.org/DocumentCenter/View/1438 or at City Hall. The applicant’s consultants prepared an Initial Study and determined that the project would have significant environmental effects. However, with mitigation measures developed by the applicant’s consultant and approved by City staff, all of the potential negative environmental effects of the project will be diminished to a level of less than significant, and a Mitigated Negative Declaration for this project was prepared. As required by (CEQA), proper notices were provided to residents within 1,000-foot radius of the site, local cities, the local library and school district, County agencies and other local agencies for their comments. A copy was also posted on the City’s website. In response to the City’s notice of availability of the Initial Environmental Study and Mitigated Negative Declaration, (MND), several comments/letters were received. Attached to this report are copies of the comments received as a result of the CEQA process. A Mitigation Monitoring and Reporting Program (MMRP) was developed, which addresses the comments that were submitted, (Attachment D). The MMRP includes some of the conditions from the 2000 Conditions of Approval for the road construction and were incorporated into the Resolution of approval. ONE-YEAR TIME EXTENSION The applicant requests that the extension to construct the infrastructure to these lots be granted to June 8, 2021, as the project was put on hold while a new environmental assessment was prepared. The preparation of the environmental document caused a significant delay to the project schedule and thus, shortening the time for the applicant to comply with Schedules A through E. However, the applicant has taken the risk to move forward with plan check to still try to meet the original deadline and save time. Applicants’ description and statement of justification of the project: “We are submitting for Site Plan Review (SPR) as we are proposing a change in the grading plan involving significantly less grading and disturbance. Tentative street improvement and rough grading plans for Storm Hill Lane were approved as part of Parcel Map 26356. The improvements are required to be completed as part of the subdivision agreement dated June 8, 2005, as amended. An original rough grading plan, approved with the Parcel Map, required the grading of the street and all the pads to accommodate the excess soil being generated by cut for the street and the required slopes. We are proposing to reduce the length of Storm Hill Lane by approx. 40% (and modify the required easements) to eliminate all grading of the pads to a future time as part of the development of the homes on these lots. The grading CUT required to build the shorter street will be approximately 2,800 C.Y. and would be placed roughly 2’ high over an area of approximately 49,000 s.f. or roughly 140’x350’ on lot 1 - shown as the oval area on the grading exhibit drawing. The new shorter street will still provide access to all four lots involved in the Parcel Map 26356. By building the shorter Street and not grading any of the house pads, there will be little or no upfront disturbance to the natural vegetation/habitat and at the same time – would meet the requirements of the subdivision agreement dated June 8, 2005, as amended, to build the Street by June 8, 2020. The new Street will include and meet all requirements by the County of Los Angeles Fire Department – including Street width, and code cul-de-sac design. The new Street will also be built with a stub in for future Public Sewer, and all communications (phone/cable, etc.) and will include a live water line for Fire Department Fire Hydrants and future Water Service for each lot. The revised proposed grading plan, as submitted for Site Plan review, only requires grading for the shorter Street (Storm Hill Lane). There is no proposed grading upon any of the lots for future building PADS on Lots 1-3 or construction of any buildings proposed at this time.” The Subdivision Improvement Agreement stipulates that the applicants may request an extension of time to complete the improvements, which is to be reviewed and approved by the City Council. Since the original approval, the applicants requested and were granted three extensions to complete the improvements. Each time, the City Council concurred that since the owners had no plans to develop or sell the lots, there was no reason to disturb the natural terrain of the lots just to construct a road that would lead to nowhere, and trench for and place utilities that would not serve anyone. For the approved configuration of the road, two out of the four parcels would have to be substantially graded. It has been the City’s practice to limit grading on properties until a residence has been proposed, approved by the City and RHCA and the plans for the structures have gone through substantial plan check review at the Building Department. 95 108 RECOMMENDATION: It is recommended that the City Council receive and file this report from the Planning Commission and approve the one-year extension request from the current deadline date of June 8, 2020. ATTACHMENTS: PC Reso 2019-17.pdf PC Report 11.19.19.pdf Item 5B_Attach03 4th Amendment.doc 96 109 97 110 98 111 99 112 100 113 101 114 102 115 103 116 104 117 105 118 106 119 107 120 108 121 109 122 110 123 111 124 112 125 113 126 114 127 115 128 116 129 117 130 118 131 119 132 120 133 121 134 122 135 123 136 124 137 125 138 126 139 127 140 128 141 129 142 130 143 131 144 132 145 133 146 134 147 135 148 136 149 137 150 138 151 139 152 140 153 141 154 142 155 143 156 144 157 145 158 146 159 147 160 148 161 149 162 150 163 151 164 152 165 153 166 154 167 155 168 156 169 157 170 158 171 159 172 160 173 161 174 162 175 163 176 164 177 165 178 1 65277.00010\32589446.1 Fourth Amendment to Subdivision Improvement Agreement This Fourth Amendment to Subdivision Improvement Agreement (“Fourth Amendment”), effective _____, 2020, is between the City of Rolling Hills, a municipal corporation (“City”), and Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern, and Elizabeth McGovern (the “Subdividers”), whose addresses are set forth in the amended Subdivision Reference Data attached hereto as Schedule A, as of the date set forth below. RECITALS A. The City and Subdividers entered into a Subdivision Improvements Agreement dated June 8, 2005, which was recorded on June 12, 2007 as document number 20071416757 (“Improvement Agreement”). B. The City and Subdividers amended the Improvement Agreement in 2008, 2010, and 2015. C. The Improvement Agreement, as amended, requires the Subdividers to construct an access road to the newly subdivided lots. D. The Subdividers desire to change the plan for the access road to shorten the length of the road and reduce potential environmental impacts and costs. E. The City desires to help facilitate the proposed change to the required access road. F. The parties therefore desire to modify the Improvement Agreement by this Fourth Amendment to reflect the proposed changes to the required access road. AMENDMENTS 1. Schedules Schedule A through E and Exhibit A-1 of the amended Improvement Agreement are hereby replaced in their entirety with the new Schedule A through E and Exhibit A-1 that are attached to this Fourth Amendment. 2. Section 2. TIME OF PERFORMANCE shall be amended as follows: Subdividers shall complete the Improvements, as specified in Schedule A through E, not later than June 8, 2021 or upon development of any one of the building sites of the Subdivisions, whichever comes first. 3. No Other Changes 166 179 2 65277.00010\32589446.1 Except as expressly modified by this Fourth Amendment, all provisions of the Improvement Agreement as amended, remain unchanged and are reaffirmed by this Fourth Amendment. [Signatures on Following Page] 167 180 3 65277.00010\32589446.1 City CITY OF ROLLING HILLS, a municipal corporation By: Its: Date: ______________________________ Approved as to form: By: Its: Date: ______________________________ Attest by: City Clerk Date: ______________________________ Subdividers JANE ALEXANDRA STORM, trustee or her successors in trust, of the Jane Alexandra Storm Trust dated October 18, 1991, as to an undivided 1/4 interest. By: Date: ______________________________ CLAUDIA STORM BIRD, trustee of the Claudia Storm Bird Trust dated August 3, 1995, as to an undivided 1/4 interest. By: Date: ______________________________ STORM INDUSTRIES, INC. By: Its: Date: ______________________________ JOHN McGOVERN and ELIZABETH McGOVERN, trustees of the McGovern Community Property Trust dated January 10, 2003, as to an undivided 1/4 interest. By: Date: ______________________________ By: Date: ______________________________ 168 181 4 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 169 182 5 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 170 183 6 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 171 184 7 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 172 185 8 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 173 186 9 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 174 187 10 65277.00010\32589446.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________, 2020 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 175 188 11 65277.00010\32589446.1 SCHEDULE A CITY OF ROLLING HILLS LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA UNDERGROUNDING OF UTILITIES FINAL PARCEL MAP NO. 26356 SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern and Elizabeth McGovern. SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc. 23223 Normandie Avenue Torrance, CA 90501 Attn: Jay Ahluwalia, President CITY COUNCIL RESOLUTION OF APPROVAL NO. 894 SPECIFICATION: PER DEVELOPMENT PLAN DATED OCTOBER 8, 2019 DESCRIPTION OF WORK: A. Undergrounding of Utilities: All utility lines, including but not limited to electrical, telephone and cable television, which will serve the four parcels created by this Final Map along Storm Hill Lane shall be placed underground, together with all appurtenant facilities, such as transformers and similar equipment. The undergrounded utility lines shall be located within the roadway easement of Storm Hill Lane from Johns Canyon Road at the south to the hammerhead turn around on Storm Hill Lane to the north with underground stems leading from Storm Hill Lane to each parcel of this subdivision. There shall be no overhead utility lines across Storm Hill Lane. ESTIMATED COSTS: FAITHFUL PERFORMANCE $219,247.00 PAYMENT TO CONTRACTORS $109,623.00 EFFECTIVE DATE OF AGREEMENT: June 8, 2005 COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any one of the building sites of the Subdivision, whichever comes first. FORM OF SECURITY: SURETY BOND 176 189 12 65277.00010\32589446.1 SCHEDULE B CITY OF ROLLING HILLS LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA MONUMENTATION FINAL PARCEL MAP NO. 26356 SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern and Elizabeth McGovern. SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc. 23223 Normandie Avenue Torrance, CA 90501 Attn: Jay Ahluwalia, President CITY COUNCIL RESOLUTION OF APPROVAL NO. 894 SPECIFICATION: PER PARCEL MAP NO. 26356 DESCRIPTION OF WORK: Set a minimum of nine (9) survey monuments, or as otherwise required by the City Engineer, and tie points in accordance with the Subdivision Laws, and deliver to the City Engineer for his review the tie notes for the points. ESTIMATED COSTS: FAITHFUL PERFORMANCE $4,255.00 PAYMENT TO CONTRACTORS/ENGINEER $2,127.00 EFFECTIVE DATE OF AGREEMENT: June 8, 2005 COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any one of the building sites of the Subdivision, whichever comes first. FORM OF SECURITY: SURETY BOND 177 190 13 65277.00010\32589446.1 SCHEDULE C CITY OF ROLLING HILLS LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA ROAD CONSTRUCTION –STORM HILL LANE FINAL PARCEL MAP NO. 26356 SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern and Elizabeth McGovern. SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc. 23223 Normandie Avenue Torrance, CA 90501 Attn: Jay Ahluwalia, President CITY COUNCIL RESOLUTION OF APPROVAL NO. 894 SPECIFICATION: PER DEVELOPMENT PLAN ENGINEER DATED OCTOBER 8, 2019. DESCRIPTION OF WORK: The work shall consist of 564-foot long by 30 feet wide paved road within a 60-foot wide roadway easement with a 64-foot diameter cul-de-sac and 8-foot bridle trails easement on either side of the paved road. The entire road and the cul-de-sac will be located on Parcel 1. The road will be constructed to LA County road construction standards. The grading for the road will entail 2,800 cubic yards of cut of which 350 cubic yards will be used for fill on Parcel 1 (for the road). In total 1,950 cubic yard will be cut along Parcel 1; 460 cubic yards along Parcel 2; 160 cubic yards along Parcel 3; and 230 cubic yards along Parcel 4. The remaining dirt is to be spread roughly 2 feet high over an area of approximately 49,000 square feet or 140’ x 350’ on Parcel 1. This area will be compacted and hydroseeded but will not be prepared for construction. ESTIMATED COSTS: FAITHFUL PERFORMANCE $127,839.00 PAYMENT TO CONTRACTORS $63,920.00 EFFECTIVE DATE OF AGREEMENT:June 8, 2005 178 191 14 65277.00010\32589446.1 COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any one of the building sites of the Subdivision, whichever comes first. FORM OF SECURITY: SURETY BOND 179 192 15 65277.00010\32589446.1 SCHEDULE D CITY OF ROLLING HILLS LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA WATER MAIN EXTENSION AND FIRE HYDRANT FINAL PARCEL MAP NO. 26356 SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern and Elizabeth McGovern. SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc. 23223 Normandie Avenue Torrance, CA 90501 Attn: Jay Ahluwalia, President CITY COUNCIL RESOLUTION OF APPROVAL NO. 894 SPECIFICATION: PER DEVELOPMENT PLAN DATED OCTOBER 8, 2019 DESCRIPTION OF WORK: Construct 1,820 L.F. of 6” Water Line, per California Water Service Company specification and construct one new Fire Hydrant, if required by the Fire Department. If a new Fire Hydrant is required, it shall measure 6” x 4” x 2-1/2” brass or bronze, conforming to current L.A. County Fire Department requirements. ESTIMATED COSTS: FAITHFUL PERFORMANCE $97,590.00 PAYMENT TO CONTRACTORS $48,795.00 EFFECTIVE DATE OF AGREEMENT: June 8, 2005 COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any one of the building sites of the Subdivision, whichever comes first. FORM OF SECURITY: SURETY BOND 180 193 16 65277.00010\32589446.1 SCHEDULE E CITY OF ROLLING HILLS LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA CORRECTIVE GEOLOGY FINAL PARCEL MAP NO. 26356 SUBDIVIDERS: Jane Alexandra Storm, Claudia Storm Bird, Storm Industries, Inc., John McGovern and Elizabeth McGovern. SUBDIVIDERS MAILING ADDRESS: Storm Properties, Inc. 23223 Normandie Avenue Torrance, CA 90501 Attn: Jay Ahluwalia, President CITY COUNCIL RESOLUTION OF APPROVAL NO. 894 SPECIFICATION: PER DEVELOPMENT PLAN DATED OCTOBER 8, 2019 DESCRIPTION OF WORK: Remedial work for geological exploration to assure that the lots are geologically stable per Los Angeles County Public Works Geotechnical and Materials Engineering Division requirements. ESTIMATED COSTS: FAITHFUL PERFORMANCE $82,800.00 PAYMENT TO CONTRACTORS $41,400.00 EFFECTIVE DATE OF AGREEMENT: June 8, 2005 COMPLETION PERIOD: Not later than June 8, 2021 or upon development of any one of the building sites of the Subdivision, whichever comes first. FORM OF SECURITY: SURETY BOND 181 194 17 65277.00010\32589446.1 LEGAL DESCRIPTION EXHIBIT A-1 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 7570-024-014 PARCEL 2 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 7570-024-015 PARCEL 3 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 7570-024-016 PARCEL 4 OF PARCEL MAP NO. 26356, IN THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 332, PAGES 30 THROUGH 40, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 7570-024-017 182 195 2208170001019, 020, 021 & 0242022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.196 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22C-2AS SHOWNDETAILS AND SECTIONSWDID: 4 19C3973202022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.197 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22WDID: 4 19C397320SCALE:HOR. 1"=VERT. 1"=10'20'1"=20'C-3ROADWAY AND GRADING PLANSTORM HILL LANEROADCANYONJOHNS 2022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.D R W Y . DRIV E W A Y DRIVEWAYTOPPED WITH WOOD CHIPS 111 11/2/23 ASBUILT 198 STORM HILL LANEROADCANYONJOHNS AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22WDID: 4 19C3973201"=20'C-4COMPOSITE UTILITY PLAN2022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.11 11/2/23 ASBUILT 199 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22WDID: 4 19C397320C-51"= 30'EROSION CONTROL & SWPPP PLANEROSION CONTROLTEMPORARY SEDIMENT CONTROLWIND EROSION CONTROLEQUIPMENT TRACKING CONTROLNON-STORMWATERMANAGEMENTWASTE MANAGEMENT & MATERIAL POLLUTION CONTROLEROSION AND SEDIMENT CONTROL PLAN (ESCP) GENERAL NOTES:“”1.792/14/22Rick Gaunt(310) 986-24932022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.200 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22C-6AS SHOWNADS STORMTECH CHAMBER DETAILSWDID: 4 19C3973202022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.201 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22C-7AS SHOWNADS STORMTECH CHAMBER DETAILSWDID: 4 19C3973202022-11-08 Storm Hill Lane Grading & Drainage11/9/22Subject to conditionsin Res. No. 2019-17.202 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22C-8AS SHOWNRES 2019-17 / COA'S - 11.19.2019 (PAGES 1-8)WDID: 4 19C39732011/9/22Subject to conditionsin Res. No. 2019-17.203 AssociatesPlotnik & Fax: (310) 605-6658 18626 S. Wilmington Ave., Suite 100 Rancho Dominguez, California 90220 Tel: (310) 605-6657 CIVIL ENGINEERING LAND SURVEYING www.plotnik.com STORM HILL LANE IMPROVEMENTS ROLLING HILLS, CA 90274 JEK294.00PC2/14/22C-9AS SHOWNRES 2019-17 / COA'S - 11.19.2019 (PAGES 9-16)WDID: 4 19C39732011/9/22Subject to conditionsin Res. No. 2019-17.204 Agenda Item No.: 10.A Mtg. Date: 04/22/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:ZONING CASE NO. 23-100: SITE PLAN REVIEW TO DEMOLISH AN EXISTING RESIDENCE, EXPAND THE RESIDENTIAL BUILDING PAD, CONSTRUCT A NEW RESIDENCE, ATTACHED GARAGE, SWIMMING POOL, RETAINING WALLS EXCEEDING A HEIGHT OF 3 FEET (UP TO A MAXIMUM HEIGHT OF 5 FEET), NON-EXEMPT GRADING, AND OTHER IMPROVEMENTS; AND VARIANCE TO EXCEED THE 40% DISTURBANCE FOR A PROPERTY LOCATED AT 4 SPUR LANE, ROLLING HILLS, CA, 90274, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 11-B-CH) (LUKIC) DATE:April 22, 2024 BACKGROUND: On January 16, 2024, the Planning Commission held a morning public field trip at 4 Spur Lane. There were three Commissioners present: Vice Chair Kirkpatrick, Commissioner Cardenas, and Commissioner Douglass. Also in attendance were staff and 9 public attendees. All viewed the silhouettes of the proposed project and walked the site. Luis de Moraes (architect) and staff provided presentations and answered questions. The proposed project was presented later that night at the evening Planning Commission Meeting at 6:30 p.m. The Planning Commissioners voted 3-0 (2 Commissioners were absent) to continue the item to the next meeting. The Planning Commission directed staff to work with the applicant on revising the plans to decrease the amount of grading for the Project. The Planning Commission directed the applicants to bring back the project when the relocated driveway and apron in the easements were approved by the Rolling Hills Community Association (RHCA). The project was not presented at the February 19, 2024 Planning Commission meeting because the applicant needed more time to address the issues regarding the barn location and access on Cinchring Road, grading, and RHCA approval of the relocated driveway from the northeastern to the northwestern portion of the property. RHCA approval of the relocated driveway in the easement was crucial because a denial would require a complete redesign of the project. 205 On February 22, 2024, the RHCA approved the relocation of the driveway and apron in the easement on Spur Lane. On March 6, 2024, the applicants addressed all of the issues from the January 16, 2024 Planning Commission meeting. The applicants submitted revised plans and calculations, and the following changes were made: 1. Raised building pad approximately 1 foot and 6 inches. 2. Reduced disturbed area by 2,090 square feet (SF). The current proposal is for 29,880 SF (63.49%) vs. the original proposal for 31,970 SF (67.9%). 3. Reduced total grading by 2,850 cubic yards (CY); current grading is 4,750 CY; original proposal was for 7,600 CY. 4. Moved entire building northeast (towards Spur Lane) by 7 feet and 7 inches. 5. Increased garage area by 302 SF. 6. Extended garage length by 11 feet and 6 inches, which increased total plate height length 8 feet and 6 inches or lower by 4%. 7. Raised entire building by 1 foot and 6 inches. 8. Raised garage finished floor elevation by 6 feet. 9. Removed pavilion. 10. Removed barn, driveway, and driveway approach from Cinchring Road. On March 7, 2024, the project was re-noticed for the March 19, 2024 Planning Commission morning field trip and evening public hearing. On March 19, 2024 the Planning Commission held a morning public field trip at 4 Spur Lane. There were four Commissioners present: Chair Chelf, Vice Chair Kirkpatrick, Commissioner Douglass, and Commissioner Cardenas (Commissioner Cooley was absent). The applicants addressed the issues from the last meeting and the site had been re-staked and re- silhouetted. All viewed the silhouettes of the proposed project and walked the site. Luis de Moraes (architect) and staff provided presentations and answered questions. The neighbors at 3 Spur Lane (Houske) expressed their concerns about the 18-inch height increase of the building pad that would negatively impair their view of the ocean. The Planning Commission, staff and attendees visited 3 Spur Lane to view the project. The public hearing was continued to the evening meeting. At the evening Planning Commission meeting, the project was approved by a 4-0 vote, with the conditions that the building pad and ridgeline be decreased to 18 inches similar to the original proposal on January 16, 2024. On April 1, 2024, the applicants addressed all of the issues from the March 16, 2024 Planning Commission meeting. The applicants submitted revised plans and calculations to staff. The flatwork, lot coverage, building pad coverage, disturbance, building elevations, and project square footage remained the same; only the grading calculations changed. The following changes were made to the project: 1. Lowered building pad by approximately 1 foot and 6 inches. 2. Retaining wall located on northeast portion parcel at the corner of the garage has changed to a maximum 4 feet and 5 inches with a maximum 2.4 average height (previously 3 feet maximum with an average height of 2.5 feet). 3. The outdoor BBQ and service yard encroach into the side yard setback, the applicants 206 will amend ZC 23-100 and request a Variance for the structure to encroach into the side setbacks. 4. The new grading quantities have been changed to 2,680 CY cut (previous 2,375 CY) and 2,230 CY fill (previous 2,375 CY) with 130 CY of exempt export. Total grading quantity is 5,230 CY. Zoning, Location, and Lot Description The property located at 4 Spur Lane is zoned RAS-1 and has a net lot area of 1.08 acre (47,063 square feet). Currently, there is only one building pad on the property developed with a 3,525-square-foot single-family residence and 536-square-foot attached garage. The residence was built in 1951 and is currently vacant. In 1962, the Planning Commission approved a variance for an addition. The existing residence is located 14 feet from the front roadway easement, 25 feet from the west side property line, and 24 from the east side property line. The rear property line is located downslope of the building pad over 288 feet to the south. There is an existing 25-foot RHCA easement that extends along the west and south property lines. There is s 20-foot road easement located at the north of the parcel on Spur Lane, and 30-foot road easement at the southeast corner of the parcel on Cinchring Road. There is one building pad and the existing topography of the project site slopes down approximately 300 feet from the rear elevation to the lowest portion of the lot. Applicant Request On August 24, 2023, an application was filed by the applicant, Luis De Moraes, on behalf of the property owners Jennifer and Nebojsa Lukic to request a site plan review to demolish the existing residence and attached garage and construct a new 4,870-square-foot single-family residence and 967-square-foot garage with a new driveway and apron. The proposed project includes a 1,010-square-foot swimming pool, 480-square-feet of attached covered porches, 168-square-foot pavilion, 166-square-foot barbecue, maximum five-foot high retaining walls, 123-square-foot service yard, hardscape, landscape, and other amenities. The proposed project will expand the existing residential building pad for the new swimming pool and amenities, and includes a new walkway/stairway that will descend down the slope to the new pavilion. The project will relocate the existing driveway on Spur Lane from the northeast side to the northwest side of the property within an easement management by the Rolling Hills Community Association (RHCA) (see Attachment 5). The new garage will be located at the northeast portion of the parcel and oriented toward the side property line requiring a curved driveway that slopes downward from the street. the driveway will be 22 feet wide maximum with a 29-foot-wide apron. The project will expand the building pad from 7,260 square feet to 12,152 square feet by extending the southern portion of the existing building pad approximately 90 feet. Traffic Commission Review of Driveways The applicant proposed two new driveways: (1) main driveway on Spur Lane and (2) secondary driveway to a stable located on Cinchring Road. On December 11, 2023, the Traffic Commission held a meeting and the Traffic Engineer recommended approval of the main driveway but not the secondary driveway due to safety and drainage concerns. The secondary driveway is on a sharp curve with existing guardrails that would have to be removed or 207 relocated. The Traffic Commission voted 4-0 to recommend approval to the City Council of the main driveway on Spur Lane but not the secondary driveway for the stable on Cinchring Road. The applicants at this time have decided to remove the secondary access, barn, and driveway from Cinchring Road form the project approval. On February 22, 2024, RHCA approved the relocation of the driveway and apron on Spur Lane. The applicants were granted access to use the RHCA easement for the new driveway and apron on Spur Lane. DISCUSSION: Setbacks The new residence meets the requirements for reduced setbacks on a smaller lot. According to RHMC Section 17.24.045, reduced setbacks may apply to properties in the RAS-1 zoning district that have a lot area of 1.25 acres or less, excluding roadway easements. This property has a lot area of 1.23 acres (excluding roadway easements). Site Plan Review The applicants are requesting a Site Plan Review (SPR) to demolish a residence and construct a new 4,780-square-foot residence, attached 967-square-foot garage, 1,010-square- foot swimming pool, maximum 5-foot-high retaining walls, 22-foot-wide driveway, and other improvements. Non-exempt grading The January 16, 2024 proposal, the applicants requested a total of 4,750 cubic yards (CY) of grading, including 2,375 CY cut and 2,375 CY fill balanced onsite. The 245 CY of excavation for the swimming pool is exempt and could be exported from the site without relief from the Code. Grading is needed to expand the existing building pad, and support the new driveway, swimming pool, stairway yard area, and retaining walls. Included are 640 CY of over- excavation and 880 CY of recompaction. The grading from the cut for the residence, garage, and driveway will be used to fill and expand the existing building pad for the swimming pool/spa, deck, and stairs to the fire pit. The 205 cubic yards of excavation for the swimming pool is exempt and could be exported, but it will be balanced onsite. At the March 16, 2024 Planning Commission meeting the Commissioners, as part of the approval, applicants are required to lower the building pad by 18 inches, which resulted in some changes to the grading. The new grading quantities have been changed to 2,680 CY cut (previous 2,375 CY cut) and 2,230 CY (previous 2,375 CY fill) with 130 CY of export (exempt). The total grading has increased by +480 CY. Retaining Walls All of the existing walls on the subject property will be demolished. The project includes two- and-one-half-foot-high retaining walls along the northwestern portion of the property supporting the new driveway. A new retaining wall is proposed along the eastern portion of the residence that extends down to the new stairway and fire pit. The project includes retaining walls at the southern portion of the residential building pad that will extend from the pavilion, stairway, fire pit, swimming pool and around to the west portion of residence. The maximum height of the retaining walls is five feet and the average height is not to exceed two and one- half feet. 208 Retaining walls (maximum 3-feet in height) are located north along both sides of the driveway leading to the garage. The double walls are located at the north portion of the driveway closer to Spur Lane and there is a single wall on the southside of the driveway leading to the garage. Retaining walls located east perimeter of expanded building pad, double wall at the corner by the outdoor kitchen. Retaining walls located south portion of the expanded building pad, stair way, fire pit, infinity edge pool, and southeastern corner of the main residence (maximum height of 5 feet). Retaining walls located on west side of main residence within the limit of grading. Variance The applicant is requesting approval of a variance to exceed the 40% disturbance. MUNICIPAL CODE COMPLIANCE Lot Coverage The existing structural coverage with deductions is 4,115 square feet (SF) or 8.74%. The proposed structural coverage on the lot will be 3,819 SF or 8.11% of the lot, the total structural coverage is 7,934 square feet or 16.86%, which is less than the lot coverage limitation of 20% maximum. The existing flatwork is 6,670 SF or 14.36%. The total proposed flatwork is -175 SF or -.37%, for a total flatwork coverage of 6,585 square feet or 13.99%, and this is below the maximum allowable 15% flatwork coverage. The proposed total coverage including structures and flatwork will be 14,519 SF or 30.85% of the lot area, which below the 35% maximum structural and flatwork coverage. Building Pad The existing building pad area (Pad 1) is relatively small at 7,260-square-feet, the RHMC has a 12,000-square-foot building pad area guideline. The enlargement of the building pad area to 13,380-square-feet, 40-foot expansion, and lowering the pad by 7-feet in depth will level and even out the lot for the new residence, swimming pool/spa, driveway, and amenities. The existing building structural coverage is 4,115 square feet or 56.68%, and the project proposes to add 3,688 square feet or 26.76% building structural coverage, for a total of 7,803 or 53% building structural coverage. The Project exceeds the minimum 30% building pad coverage guideline by 23%. Setbacks The existing residence encroaches into the 30-foot front setback. The new residence complies with all of the development standards in the municipal code: 30-foot front setback, 20-foot side setback, and 50-foot rear setback. Future 1,000 square foot set aside area The project includes a 1,000-square-foot set aside area that located at the south portion of the parcel. It includes a future 450-square-foot stable and 550-square-foot corral. The set aside area is accessible from the newly relocated driveway at the northwest corner of the parcel on 209 Spur Lane. The future stable access is 10 feet wide and extends 280 feet along the west property line and 20-foot RHCA easement. Area of Disturbance The project site has been previously disturbed due to development of the existing residence. The existing disturbance is 16,460 SF or 34.97%. The proposed project will add 13,420 SF or 28.51% of disturbance for a total of 29,880 SF, or 63.49% of the net lot area. The applicants are requesting a variance to exceed the maximum. Height The finished height of the proposed new residence is a maximum of 15 feet. The proposed ridgeline of the new residence will be lower due to the lowering of the existing grade by 7 feet. Swimming Pool The proposed swimming pool is 1,010 SF and located behind the proposed residence at the edge of the extended building pad. The pool will be designed to have an infinity edge in which water flows into a surge basin. The edge of the pool and building pad will be supported by retaining walls. Approval of a swimming pool greater than 800 SF requires a discretionary approval. The applicants have requested an approval of Site Plan Review for the proposed pool. Landscaping A Preliminary Landscape Plan has been included in the plans. There are existing trees front of the property that are protected and will remain. The project proposes 17,786 SF of existing landscaping to be altered (re-landscaped) and 39,883 SF of new areas to be landscaped. The Plan is being reviewed by the City’s landscape consultant for compliance with water efficiency requirements. The Planning Commission should consider if conditions are necessary to limit the height of trees to protect neighboring views. Environmental Review The proposed project has been determined to not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts a single-family residence, swimming pool, and accessory structures. Public Participation Staff received three resident concerns. Maureen Hill sent a letter regarding her concerns about the proposed driveway access on Cinchring Road and the proposed barn (see Attachment 4). The Houske Family at 3 Spur Lane sent emails expressing their concerns regarding the 18-inch building pad height increase (see Attachment 8). The McNabb's sent a letter expressing their concerns regarding the drainage on 4 Spur Lane (see Attachment 9). CRITERIA FOR SITE PLAN REVIEW 17.46.50 Required Site Plan Review findings. 1. The Commission shall be required to make findings in acting to approve, conditionally 210 approve, or deny a Site Plan Review application. 2. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 3. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 4. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 5. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 6. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 7. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 8. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 9. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 10. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 11. The project conforms to the requirements of the California Environmental Quality Act. 12. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. CRITERIA FOR VARIANCES 17.38.50 Required Variance findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. FISCAL IMPACT: None. 211 RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1: PL_ADR_4SpurLn_ZC23-100_240111_PC_VicinityMap.pdf Attachment 2: 240418_4SpurLane_Development Table (ZC23- 100)_3rd_CCMeeting4.22.24.pdf Attachment 3: 2024-03_PC_Resolution_4SpurLane_ZC 23-100_Lukic_F_E.pdf Attachment 4: CL_AGN_240116_PC_BlueFolderItem_10B_PublicComment01.pdf Attachment 5: 240304_4SpurLane_RHCA_EasementApproval.pdf Attachment 6: 240418_4SpurLane_ZC23-100_Grading Table_Revised.pdf Attachment 7: CL_AGN_240319_PC_Item9A_PublicComment01.pdf Attachment 8: 4SpurLane_ZC23-100_PublicComment_McNabb Attachment 9: Approval of Minutes 2.22.24 RHCA approved 3-7-24.pdf Attachment 10: 240415_4SpurLane_ZC23-100_DevelopmentPlans.pdf 212 City of Rolling Hills TITLE VICINITY MAP CASE NO. ZONING CASE NO. 23-100 Site Plan Review, Conditional Use Permit, Variance OWNER LUKIC ADDRESS 4 SPUR LANE, ROLLING HILLS, CA 90274 SITE 1,000’ 213 April 22, 2024 City Council Meeting Development Table Zoning Case No. 23-100 4 Spur Lane SITE PLAN REVIEW, CONDITIONAL USE PERMIT, & VARIANCE EXISTING PROPOSED TOTAL RA-S-1 Zone SINGLE FAMILY RESIDENCE, ATTACHED GARAGE, AND SERVICE YARD NEW 4,870 SF SINGLE FAMILY RESIDENCE, 665 SF ATTACHED GARAGE, 1,010 SF SWIMMING POOL, 166 BBQ, 133 SF FIRE PIT, 123 SF SERVICE YARD, ROLOCATION EXISTING DRIVEWAY, MAXIMUM 5 FT RETAINING WALLS, & GRADING Net Lot Area 47,063 SF 47,063 SF Residence 3,525 SF 1,345 SF 4,870 SF Attached Garage 536 SF 431 SF 967 SF Swimming Pools/Spa 0 SF 1,010 SF 1,010 SF Pool Equipment 0 SF 34 SF 34 SF Stable minimum: 450 SF Corral minimum: 550 SF 0 SF 0 SF 450 SF 550 SF 450 SF 550 SF New Planter Box 0 SF 0 SF 0 SF Recreation Court 0 SF 0 SF 0 SF Attached Covered Porches 0 SF 480 SF 480 SF Outdoor Kitchen 0 SF 166 SF 166 SF Fire Pit 0 SF 133 SF 133 SF Attached Trellis 0 SF 0 SF 0 SF Service Yard 54 SF 69 SF 123 SF Primary Driveway 4,540 SF -1,820 SF 2,720 SF Paved walkways 2,200 SF 875 SF 3,095 SF Patios 0 SF 0 SF 0 SF Pool Deck 0 SF 770 SF 770 SF Parking Pads 0 SF 0 SF 0 SF Grading (130 CY Export exempt) 0 CY 2,680 CY CUT 2,550 CY FILL 5,230 CY TOTAL Structural Lot Coverage (20% maximum with deductions) 4,115 SF (8.74%) 3,819 SF (8.11%) 7,934 SF (16.86%) Flatwork Lot Coverage (15% maximum) 6,760 SF (14.36%) -175 SF (-0.37%) 6,585 SF (13.99%) Total Lot Coverage (Structures and Flatwork) (35% maximum with deductions) 10,875 SF (23.11%) 3,644 SF (7.74%) 14,519 SF (30.85%) Total Disturbed Area (40% maximum) 16,460 SF (34.97%) 13,420 SF (28.51%) 29,880 SF (63.49%) Residential Building Pad 1 (30% Maximum Guideline) 7,260 SF PAD AREA 4,115 SF (56.68%) 6,520 SF PAD AREA 3,188 (23.13%) 13,780 SF PAD AREA 7,303 (53.00%) 214 April 22, 2024 City Council Meeting Future Stable Building Pad 2 (30% Maximum Guideline) 0 SF PAD AREA 0 SF (08%) 1,100 SF PAD AREA 450 (40.91%) 1,100 SF PAD AREA 450 (40.91%) 215 216 relocated easements were approved by the Rolling Hills Community Association (RHCA). On February 22, 2024, the RHCA approved the relocation of the driveway and apron on Spur Lane. The applicants were granted access to use the RHCA easement for the new driveway and apron. The Planning Commission conducted duly noticed public hearings to consider the application at its field trip meeting and regular meeting on March 19, 2024. Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Daily Breeze on March 6, 2024. The applicants and agent were notified of the public hearings in writing by first class mail and were in attendance at the hearings. Evidence was heard and presented at the public hearing from all persons interested in affecting said proposal. Section 4. On December 11, 2023, the Traffic Commission held a special meeting to review the two new proposed driveways and aprons. The main driveway apron is located on Spur Lane and the secondary driveway to the stable is located on Cinch ring Road. On December 11, 2023, the Traffic Commission approved the main driveway and denied the secondary driveway for stable access. The Traffic Engineer did not recommend the secondary driveway due to safety and drainage concerns. The Traffic Commission directed staff to work with the applicants to consider alternative locations for the secondary driveway for stable access . The applicants decided to remove the stable and secondary driveway from the project at this time. Section 5. The property is zoned RAS-1 and the net lot area excluding the roadway easement is 1.08 acre (47,063 square feet). Currently, there is only one building pad that exists on the property. The project includes an existing 7,260-square-foot building pad near the front of the property closest to the street. The existing residence is located 14-feet from the front roadway easement, 25-feet from the west side property line, and 24 from the east side property line. The rear property line is located downslope of the building pad over 288 feet to the south. The current residence encroaches into the 30-foot front setback by 10 feet. Section 6. The Project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of a limited number of new, small facilities or structures, including single family residence and accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the Project includes the demolition of a residence and construction of a new single-family residence and related improvements. Accordingly, the Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The site has already been graded and existing structures are on site. Section 7. Site Plan Review. Site Plan Review is required for demolition of an existing residence and for the construction of a new 4, 780-square-foot residence and attached 665- square-foot garage pursuant to RHMC Section 17.46.020(A), for a retaining wall above three feet in height pursuant to RHMC Section 17.16.190(F), a 1,010-square-foot swimming pool pursuant to RHMC Section 17.46.020(A)2.b for swimming pool/spa more than 800-square-feet, expansion of existing residential building pad to 13,780-square-feet, and for non-exempt grading totaling 5,230 CY including 130 CY of export (exempt) pursuant to RHMC Section 17.46.020(A). 2 Resolution No. 2024-03 (ZC 23-100) 4 Spur Lane (Lukic) 217 218 property. The new garage will be located at the northeastern portion of the parcel. The new driveway will be 90 feet long by 22 feet wide extending to the new garage. C.The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the visibility of the project from Spur Lane as it utilizes the enlarge and expand the existing building pad and has a similar footprint to the existing residence. The existing driveway will be relocated to the northwest portion of the lot and repaved to align with the new garage. The swimming pool/spa will be located at the edge of the expanded residential building pad. The retaining walls have been designed to support the expanded building pad. D.The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). A landscape plan has been prepared to for compliance with water efficient landscape ordinance requirements and low impact development standards. The landscape plan will introduce additional landscaping, which will be compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. The grading and retaining wall are designed to preserve existing topography where possible and mimic the natural terrain. E. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. Grading consists of 2,680 CY of cut and 2,550 CY of fill. The grading and retaining walls are designed to preserve slopes where possible and mimic the natural terrain. F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. Grading will be done to improve the residential building pad, driveway and walkways throughout the site. Drainage will not change and will follow the natural drainage courses of the lot. G. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. Surrounding native vegetation and mature trees will not be affected and new landscaping will be considerate of the environment and will enhance the rural character of the community. 4 Resolution No. 2024-03 (ZC 23-100) 4 Spur Lane (Lukic) 219 220 221 222 223 224 225 226 227 228 229 230 M:\RHCA Files\Letters\2024\Action Letters\Action Ltr. Lukic 2.28.24.docx February 28, 2024 Nebojsa & Jennifer Lukic 4 Spur Lane Rolling Hills, CA 90274 Email: JHUGUS72@yahoo.com Re: Request for License Agreement for Driveway and Drainage in West Side Easement. Dear Mr. and Mrs. Lukic, This letter is to inform you that at the February 22, 2024 Board of Directors meeting, the Board approved your request for a license agreement for a driveway and drainage west side easement of your property. The following documents are required to complete the license agreement process: 1) The legal description of the area of the easement being used for the driveway and drainage(needed) 2) A survey showing the location of swale in the easement (received with application) Once we receive the legal description, the Association’s attorney will draw up the license agreement for you to sign and invoice for the legal and recording fee. The license agreement requires your signatures to be notarized and we have a notary in the office available to provide this service at your convenience and at no cost to you. When we receive the signed documents with payment for the legal and recording fee, the Association’s attorney will have it recorded with the county. Legal fees and recording costs for the process will be $450 and will be due on receipt of the license agreement and invoice. You may not begin construction until after the license agreement is recorded with the county and the RHCA mails you a copy of the recorded license agreement. *** This approval does not include City of Rolling Hills approval or Building and Safety approval. Please contact these agencies prior to construction*** Please feel free to contact the office if you have any questions. Sincerely, Myrna Jacott Administrative Assistant 231 Grading Table for April 22, 2024 City Council Meeting 4 Spur Lane (Zoning Case No. 23-100) (REVISED ON APRIL 1, 2024) Table 1. GRADING Cut/Excavation AREA OF GRADING MAX DEPTH CUT LOCATION CUBIC YARDS (CY) House/Addition 7.00 FT At S/E Corner of House 1,010 CY Future Stable 2.40 FT 2nd Building Pad 90 CY Driveways 6.00 FT Driveway at garage lip 265 CY Yard Areas 5.00 FT 470 CY Pool/Excavation 6.00 FT Top of 2:1 slope 205 CY Overexcavation 2.00 FT 640 CY TOTAL CUT 2,680 CY FILL/RECOMPACTION AREA OF GRADING MAX DEPTH FILL LOCATION CUBIC YARDS (CY) House/addition 5.00 FT At S/W corner of house 165 CY Future Stable 2.50 FT 85 CY Driveways 2.00 FT At the driveway apron 85 CY Yard Areas 8.00 FT At the top of the slope 885 CY Pool/spa Recompaction 2.00 FT 1,330 CY TOTAL FILL 2,550 CY (2,680 CY cut + 2,550 CY fill) = TOTAL GRADING 5,230 CY Total Export 130 CY (Exempt) *Grading Quantities (Source: Grading calculations provided by applicant) 232 233 234 April 17, 2024 To: Rolling Hills City Council Members John Signo, Director of Planning and Community Services Stephanie Grant, Assistant Planner 2 Portuguese Bend Rd Rolling Hills, CA 90274 From: Dustin and Melissa McNabb 11 Quail Ridge Road S Rolling Hills, CA 90274 Subject: Drainage from 4 Spur Lane, Rolling Hills, CA To All Whom It May Concern, We are writing to bring up our concern regarding the planned installation of drainpipe(s) and riprap to channel water from 4 Spur Lane (ZC 23-100) into the easement located along the east side of our property which lies downhill from 4 Spur Lane. While a natural drainage gully exists from 4 Spur Lane, there is already an 18” drainpipe that channels stormwater from Cinchring Road onto our property. This year, the McNabbs suffered significant erosion along the east side of their property1. An additional drainpipe flowing from 4 Spur Lane will create even more erosion on our property, unless a drainage system to handle both the Cinchring Road drain and the 4 Spur Lane drain is installed. Additional drainpipe(s) and/or rip rap will need to be laid to carry drainage water beyond the McNabb’s and other Cinchring neighbors who abut the gully downhill. Other residents in the area have communicated concerns about this project. Our neighbor Maureen Hill, 11 Cinchring Rd, wrote a letter dated Jan 16, 2024, citing issues of land movement due to water runoff, and Mr. Fred Visco, 15 Cinchring Rd, discussed his concerns at the Mar 19, 2024, Planning Commission Meeting. As far as we know, currently there is no existing drainpipe and riprap on the 4 Spur Lane property. We respectfully request to be notified when updated site plans for the 4 Spur Lane project, which include the new location of the drainpipe and riprap, as required by the RHCA (see attached RHCA letter and RHCA Board Meeting minutes, page 2, Old Business, Request for License Agreement for New Driveway and Retaining Wall in West Side Easement-4 Spur Lane), are received by the Planning Department. We also respectfully request to be notified when the Planning Dept receives the drainage plan for 4 Spur Lane (as called for in Planning Commission Resolution 2024-03, section 9N) from LA County. These 2 documents will help us plan how to best manage the increase in waterflow across our property. Thank you, Dustin & Melissa McNabb CC: Rolling Hills Community Association Board Members and Manager 1See video dated 2-1-24, taken and provided by the McNabbs, of water flowing down the eastside gully from 4 Spur Lane. Sent under separate email to Stephanie Grant 4-17-24. 235 236 237 238 239 240 241 242 243 LUKIC RESIDENCE4 SPUR LANEROLLING HILLS, CA 90274PROJECT INFORMATIONTORRANCE, CALIFORNIA 905053635 NEWTON STREETR-3/UOCCUPANCY:LEGAL DESCRIPTION:ADDRESS:ARCHITECT:ZONE:CONSTRUCTION TYPE: PROJECT V-BRAS-1CONTACT: ENVIROTECHNO ARCHITECTURE, INC.OWNER:MR. LUIS DE MORAES, AIAVOICE: (310) 377-7873EMAIL: luis@envirotechno.comCONSULTANTSFULLY SPRINKLERED MR. & MRS. LUKIC2105 RUHLAND AVENUEREDONDO BEACH, CA 902774 SPUR LANEROLLING HILLS, CA 90274PORTION OF LOT 11RECORD OF SURVEY, MB 57, 35/36APN: 7582-011-028ABBREVIATIONSAIR CONDITIONINGACOUSTICALABOVE FIN. FLOORALUMINUMATBUILDINGBRUSHEDCEMENTCEILINGCLEAROPENINGCONSTRUCTION NOTECOLUMNCONCRETECONTINUOUSCONTRACTORCERAMIC TILEDETAILDRINKING FOUNTAINDIAMETERDIMENSIONDOORDISHWASHERDRAWINGELEVATIONELECTRICALELEVATORENVIROTECHNOEXISTINGFLOOR DRAINFIRE EXTINGUISHERFIRE HOSE CABINETFINISH FACEFINISHA/CACOUS.A.F.F.ALUM.@BLDG.BR.CEM.CLG.CL.OPNGC.N.COL.CONC.CONT.CONTR.C.T.DET.D.F.DIA.DIM.DR.DW.DWG.ELEV.ELEC.ELEVAT.ET.EXIST.F.D.F.E.F.H.C.F.F.FIN.FLOORFLOURESCENTFACE OF STUDFABRIC WALLCOVERINGGAUGEGALVANIZEDGARBAGE DISPOSALGLASSGRANITE TILEGYPSUM BOARDHARDWOODHARDWAREHOLLOW METALHEIGHTHEATING, VENTILATINGLAVATORYMAXIMUMMETALMANUFACTURERMINIMUMMIRRORMARBLE TILEMULLIONMICROWAVENOT IN CONTRACTNOT TO SCALEOVER ALLON CENTERPARTITIONPLASTIC LAMINATEPOLISHEDPAIRQUARRY TILEFLR.FLOUR.F.O.S.F.W.C.GA.GAL.GD.GL.G.T.GYP. BD.HDWD.HDWR.H.M.HGT.H.V.A.C.LAV.MAX.MTL.MFG.MIN.MIR.M.T.MUL.MW.N.I.C.N.T.S.O.A.O.C.PART.P.L.POL.PR.Q.T.PLASTIC LAMINATEPOLISHEDPAIRQUARRY TILERADIUSREFRIGERATOR/FREEZERREFERENCEREQUIREDROOMRESTROOMSEPARATE CIRCUITSECTIONSHEETSIMILARSPECIFICATIONSSTOVE/RANGESTAINLESSSTEELSTANDARDSUSPENDEDTRASH COMPACTORTO BE DETERMINEDTELEPHONETHICKTYPICALUNLESS NOTED OTHERWISEVERTICALVERIFY IN FIELDVOLTSVINYL COMPOSITION TILEVINYL SHEET FLOORINGVINYL WALL COVERINGWITHWALL COVERINGP.L.POL.PR.Q.T.RAD.R/FREF.REQ.RM.R.R.S.C.SECT.SHT.SIM.SPECS.S/RS.STL.STD.SUSP.T.C.TBD.TELE.THK.TYP.U.N.O.VERT.V.I.F.VOL.V.C.T.V.S.F.V.W.C.W/WC.PROJECT DATAVICINITY MAPSYMBOLSWINDOW NUMBERDOOR NUMBERPLUMBING FIXTUREELEVATION NUMBERSHEET NUMBERROOM NUMBERDETAIL NUMBERSHEET NUMBERPF-00PC-00PLUMBING CONTROLREVISION CLOUDKEY NOTES1ROOM NAME11100NAMEPROJECT SITENORTHNTSRICHIE-BRAY, INC.904 SILVER SPUR ROAD #395ROLLING HILLS ESTATES, CA 90274PH: (310) 377-5868LANDSCAPEARCHITECT:BOLTON ENGINEERING CORP.25834 NARBONNE AVE. SUITE 210LOMITA, CA 90717PHONE: (310) 325-5580FAX: (310) 325-5581CIVIL ENGINEER ANDSURVEYING:ENVIROTECHNO ARCHITECTURE INCORPORATED116 SOUTH CATALINA AVE. # 102REDONDO BEACH, CA 90277LUIS DE MORAES, AIA-ASID-LEED AP BD+CPHONE: (310) 379-9716EMAIL: luis@envirotechno.comARCHITECT:SCOPE OF WORKNEW SINGLE FAMILY MAIN RESIDENCE: 4,870 SQ.FT. WITH 3 CAR ATTACHEDGARAGE: 967 SQ.FT. MAIN RESIDENCE AREA: 5,837 SQ.FT.SWIMMING POOL AND SPA, COVERED PATIO, BAR-B-QUE/BAR AREA, FIREPIT, PATIOS HARDSCAPE, GARDEN WALLS, AND DRIVEWAY AND MOTORCOURTSHEET INDEXGENERAL SHEETSCS-1 COVER SHEETCS-2 PLATE HEIGHT CALCULATION PLANGRADING AND DRAINAGEC-0OVERALL SITE PLANC-1EXISTING SITE CONDITIONSC-2SITE SECTIONSC-3COLOR CUT AND FILL MAPARCHITECTURALA-0.0SITE DEMOLITION PLANA-1.0SITE PLANA-3.0 MAIN RESIDENCE FLOOR PLANA-6.0 MAIN RESIDENCE ROOF PLANA-7.0 MAIN RESIDENCE ELEVATIONSA-7.1 MAIN RESIDENCE ELEVATIONSJOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 COVER SHEET - PROJECT INFO.CS-1244 HALLWAY ENTRY FOYERHALLWAY CLOSET HALLWAY 3-CAR GARAGEBATH #1BATH #2DININGDRIVEWAYMASTER BEDROOMMASTER BATHCLOSETBEDROOM #1BEDROOM #2HALLWAYW.I.C.(HERS)BEDROOM #3W.I.C.(HIS)COVERED PATIOPOWDERLINENBARKITCHENLIVINGPANTRYBATH #4LAUNDRYENTRYWINE CELLARBEDROOM #4CLOSETCLOSETHALLWAYBATH #3HALLWAYW.I.C.TOP OF PLATE HEIGHT = 9'-7"LENGTH = 16'-1"TOP OF PLATE HEIGHT = 9'-7"LENGTH = 16'-1"TOP OF PLATE HEIGHT = 10'-1"LENGTH = 16'-7"TOP OF PLATE HEIGHT = 9'-8"LENGTH = 12'-8"TOP OF PLATE HEIGHT = 9'-4"LENGTH = 27'-10"TOP OF PLATE HEIGHT = 8'-0"LENGTH = 20'-0"TOP OF PLATE HEIGHT = 8'-0"LENGTH = 116'-2"TOP OF PLATE HEIGHT = 8'-5"LENGTH = 7'-3"PLATE HEIGHT CALCULATION PLANSCALE: 1/8" = 1'-0"NORTHPLATE HEIGHT CALCULATIONSMINIMUM OF 50% OF THE RESIDENCE MUST HAVEPLATE HEIGHTS OF 8'6” OR LOWERUP TO 30% OF THE RESIDENCE MAY HAVE A PLATE HEIGHTUP TO 9'6ONLY 20% OF THE RESIDENCE MAY HAVE A PLATEHEIGHT UP TO 10'6(20'+116.17'+33.5'+7.25') = 176.92' = 67%(27.82'+12.67'+16.08'+16.08') = 72.65' = 27%(16.58') = 16.58' = 6%TOTAL TOP PLATE LINEAR LENGHT = (20'+116.17'+33.5'+7.25'+27.82'+12.67'+16.08'+16.08'+16.58') = 266.15' = 100%TOP OF PLATE HEIGHT = 8'-0"LENGTH = 33'-6"LINEAR FEET OF TOP OF PLATEAT EACH HEIGHT RANGE% OF 266.15'JOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 PLATE HEIGHT CALCULATION PLANCS-2245 2135467891011121314152021222324252627282919181716«7567-017-0337567-017-0327567-017-0317567-017-0347567-017-0107567-017-0477567-017-0117567-017-0277567-017-0431ID No.Address/APN234567910118121516177567-017-040#5 CINCHRING ROAD#2 SPUR LANE#9 QUAIL RIDGE ROAD#4 SPUR LANE#7 CINCHRING ROAD7567-017-041#11 QUAIL RIDGE ROAD7567-017-012#24 CINCHRING ROAD#26 CINCHRING ROADID No.Address/APN«#11 CINCHRING ROAD#13 CINCHRING ROAD#16 CINCHRING ROAD7567-017-042#14 CINCHRING ROAD7567-017-028#10 CINCHRING ROAD7567-017-030#12 CINCHRING ROAD7567-017-029#8 CINCHRING ROAD1314#6 CINCHRING ROAD7567-011-016#52 PORTUGUESE BEND7567-011-015#7 CREST ROAD EAST7567-011-014#5 CREST ROAD EAST7567-011-027#1 CREST ROAD EAST18197567-017-0517567-017-0527567-017-048#4 CINCHRING ROAD#2 CINCHRING ROAD202122#2 CREST ROAD WEST7567-017-02323#3 SPUR LANE7567-017-01824UTILITY-CALWATER7567-017-02225#1 SPUR LANE7567-017-02126#10 CREST ROAD WEST7567-017-03627#8 QUAIL RIDGE ROAD7567-017-019287567-017-02029#2 QUAIL RIDGE ROAD#1 QUAIL RIDGE ROAD20204020ENGINEERING CORP. boltonengineering.com | 310.325.5580C0 4 SPUR LANEROLLING HILLS, CA 90274INDEX OF SHEETS:C0PROPOSED SITE PLANC1EXISTING SITE CONDITIONSC2SITE ECTIONSC3COLOR CUT AND FILL MAPOVERALL SITE PLANSCALE: 1" = 20'VICINITY MAPSCALE: 1" = 500'LEGENDACRONYMSTotal Lot Coverage246 PLPLPLPLUR LANE20204020ENGINEERING CORP. boltonengineering.com | 310.325.5580C1EXISTING SITE CONDITIONSSCALE: 1" = 20'LEGEND247 ENGINEERING CORP. boltonengineering.com | 310.325.5580C2SITE SECTION A-ASCALE: 1" = 10'248 20204020ENGINEERING CORP. boltonengineering.com | 310.325.5580C3COLOR CUT AND FILL MAPSCALE: 1" = 20'LEGENDEARTHWORK ESTIMATE249 25'PORTION OF LOT 11SPUR LANE#4 SPUR LANERHCA EASEMENT 25'RHCA EASEMENT25'RHCA EASEMENT25'RHCA EASEMENT30'RHCA EASEMENT10'30'RHCA EASEMENT12551258 1 2 6 0 1 2 6 5 1 2 7 0 1 2 7 5 1 2 8 0 1 2 8 5 1 2 9 0 1 2 9 5 1 3 0 0 1 3 0 5 1250 12451240123512301225125512201 3 1 0SITE DEMOLITION PLANSCALE: 1/16" = 1'-0"NORTH30' -0"FRONT YARD SETBACK20'-0"SIDE YARDSETBACK25'-0"RHCA EASEMENT50'-0" REAR YARD SETBACK25'-0"RHCA EASEMENT50'-0" REAR YARD SETBACK30'-0"ROAD EASEMENT 20'-0" SIDE YARD SETBACK 20'-0" SIDE YARD SETBACK 20'-0"SIDE YARDSETBACK25'-0"RHCA EASEMENT 40' -0 "RHCA ROAD EASMENTEXISTINGBUILDINGTO BEREMOVEDEXISTING STONEPATIO TO BEREMOVED - TYP.EXISTING STONEPLANTERS TO BEREMOVED - TYP.EXISTING TREETO BE REMOVED- TYP.EXISTING WALLTO BE REMOVED- TYP.EXISTINGDRIVEWAY TO BEREMOVED - TYP.EXISTING TREES TO BEREMOVED - VERIFY WITHLANDSCAPE ARCHITECTEXISTING DECK TOBE REMOVED - TYP.EXISTING SHEDTO BE REMOVEDEXISTING WOODWALLS TO BEREMOVED - VERIFYWITH LANDSCAPEARCHITECTEXISTING WOODWALLS TO BEREMOVED - VERIFYWITH LANDSCAPEARCHITECTEXISTING UTILITIESTO BE REMOVED -CONTRACTOR TOCOORDINATE WITHUTILITY PROVIDERS- TYP.EXISTING TREES TO BEREMOVED - VERIFY WITHLANDSCAPE ARCHITECTNOTES:1. SEE CIVIL AND LANDSCAPE DRAWINGS FOR ADDITIONALINFORMATIONJOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 SITE DEMOLITION PLAN A-0.0250 SITE PLANSCALE: 1/16" = 1'-0"NORTHLEGENDHARDSCAPE12351235EXISTING & NATURALCONTOUR LINESNEW CONTOUR LINESENTRY FLOOR PLANFUTURE STABLEGARAGEDRAINAGE FLOW LINENEW DRIVEWAY6'-0" HIGH W.I. FENCE ATPROP. LINE TYP.RAILINGBP - BOTTOM OF POOLEC - EDGE OF COPINGFG - FINISHED GRADEFS - FINISH SURFACENG - NATURAL GRADETCT - TOP OF COUNTERTOPTC - TOP OF CURBTD - TRENCH DRAINTF - TOP OF FENCETG - TOP OF GATETP - TOP OF PILASTERTR - TOP OF RAILTT - TOP OF TRELLISTW - TOP OF WALLPROPERTY MARKER2 SPUR LANEPORTION LOT 12R.S. 57-35-3625'SPUR LANERHCA EASEMENT 25'RHCA EASEMENT25'RHCA EASEMENT25'RHCA EASEMENT30'RHCA EASEMENT10'30'RHCA EASEMENT12551258 1 2 6 0 1 2 6 5 1 2 7 0 1 2 7 5 1 2 8 0 1 2 8 5 1 2 9 0 1 2 9 5 1 3 0 0 1 3 0 5 1250 12451240123512301225125512201 3 1 0 30' -0 "FRONT YARD SETBACK20'-0"SIDE YARDSETBACK25'-0"RHCA EASEMENT50'-0" REAR YARD SETBACK25'-0"RHCA EASEMENT50'-0" REAR YARD SETBACK30'-0"ROAD EASEMENT 20'-0" SIDE YARD SETBACK 20'-0" SIDE YARD SETBACK 20'-0"SIDE YARDSETBACK25'-0"RHCA EASEMENT 40' -0 "RHCA ROAD EASMENTFUTURE STABLELOCATIONFUTURE STABLE ACCESSNOTES:1. SEE CIVIL DRAWINGS FOR TOP OF WALL ELEVATIONS,FINISHED GRADE, FINISHED SURFACE ELEVATIONS, ANDGRADING AND DRAINAGE INFORMATION AND DETAILSNOTES1. SEE CIVIL DRAWINGS FOR TOP OF WALL ELEVATIONS, FINISHED GRADE, FINISHEDSURFACE ELEVATIONS, AND GRADING AND DRAINAGE INFORMATION AND DETAILS63'-3"42'-4"53' -0 "266'-9"301'-0"281'-6"277'-7"MAIN LEVEL F.F.E. = 1301.0'GARAGE F.F.E. = 1301.0'MAIN RESIDENCE AREATOTAL LIVING AREA :4,870 SQ.FT.GARAGE AREA : 967 SQ.FT.TOTAL BUILDING AREA : 5,837 SQ.FT.20'-1" 20'-1" 20'-1"38'-4"41'-3"EXISTING BUILDINGTO BE REMOVEDEXISTING BUILDINGTO BE REMOVEDPOOLEQUIP.TRASHAREASITE PLAN A-1.0JOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 251 DWGASFP HALLWAY DW DW ICE BEVWINE ENTRY FOYERHALLWAY CLOSET HALLWAY 3-CAR GARAGE36'-0" x 25'-0"OVENMICRO.REF.REF.8'-6"48'-0 1/4"3'-6"7'-3"18'-0"W D96'-2 1/4"116'-2 1/4"MAIN RESIDENCE FLOOR PLANSCALE: 1/4" = 1'-0"NORTH8'-6"36'-2"1" 26'-3"BATH #1BATH #2SHOWER12'-6" X 8'-6"DINING85'-3" 10'-4"AREA CALCS.:TOTAL LIVING AREA :4,870 SQ.FT.GARAGE AREA : 967 SQ.FT.TOTAL BUILDING AREA : 5,837 SQ.FT.DRIVEWAYMASTER BEDROOM15'-0" X 20'-6"SHOWERMASTER BATH12'-6" X 12'-0"TUBCLOSETBEDROOM #112'-0" X 11'-6"BEDROOM #212'-6" X 12'-6"5'-0" X 9'-0"5'-0" X 9'-0"HALLWAYSHOWERW.I.C.(HERS)BEDROOM #310'-0" X 8'-6"W.I.C.(HIS)COVERED PATIOPOWDERLINEN15'-0" X 14'-6"5'-3" X 5'-0"28'-0" X 15'-6"20'-0" X 17'-0"BARKITCHENLIVING28'-6" X 15'-6"28'-6" X 24'-0"9'-6" X 5'-0"PANTRYBATH #47'-6" X 10'-6"7'-0" X 12'-6"LAUNDRY8'-6" X 12'-0"ENTRYWINE CELLAR12'-0" X 12'-6"BEDROOM #4CLOSETSHOWER5'-0" X 9'-0"CLOSETHALLWAYBATH #3HALLWAY12'-0" X 5'-0"GASFPGASFPW.I.C.SHOWER8'-0" X 5'-0"3'-0"17'-0"20'-0"9'-6"4'-2"4'-2"1A-7.04A-7.13A-7.12A-7.013'-2 1/2" 1'-6 3/4" 8'-4"35'-10 3/4"27'-9 1/2"12'-7 1/2"16'-7"16'-1 1/4"73'-1 1/4"39'-7"23'-8 1/4"1'-10 1/4"1'-9"1'-4 1/2"85'-3"39'-2 1/4"116'-2 1/4"3'-10 3/4"1'-0"3'-0"40'-9"33'-6"SIDE YARD SETBACK LINEFRONT YARDSETBACK LINEMAIN RESIDENCE FLOOR PLAN A-3.0JOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 252 MAIN RESIDENCE ROOF PLANSCALE: 1/4" = 1'-0"NORTH1A-7.04A-7.13A-7.12A-7.0SLOPE 3:12 SLOPE3:12 SLOPE3:12 SLOPE3:12 SLOPE3:12 SLOPE 3:12 SLOPE 3:12 SLOPE 3:12 SLOPE 3:12 SLOPE3:12 SLOPE 3:12 SLOPE 3:12 AREA CALCS.:TOTAL LIVING AREA :4,870 SQ.FT.GARAGE AREA : 967 SQ.FT.TOTAL BUILDING AREA : 5,837 SQ.FT.SIDE YARD SETBACK LINEFRONT YARDSETBACK LINEMAIN RESIDENCE ROOF PLAN A-6.0JOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 253 8'-0" 8'-6" 8'-6"9'-6"10'-6" 9'-4"10" 1'-0" 10'-6"1301.00ENTRY & GARAGELEVEL F.F.E.8'-0"NORTH ELEVATIONSCALE:1/4" = 1'-0"11231231239'-6" 2" 9'-4" 8'-0" 8'-6"9'-6"10'-6" 9'-8" 10'-1"1301.00ENTRY & GARAGELEVEL F.F.E.WEST ELEVATIONSCALE:1/4" = 1'-0"28'-0" 8'-6" 9'-6" 10'-6" 8'-0" MAIN RESIDENCE ELEVATIONS A-7.0JOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 254 8'-0" 8'-0"9'-6"10'-6" 8'-0"1301.00ENTRY & GARAGELEVEL F.F.E.EAST ELEVATIONSCALE:1/4" = 1'-0"48'-6" 9'-6" 10'-6" 8'-0" 8'-0" 9'-7"10'-1"9'-8"9'-4"8'-6"9'-6"10'-6" 8'-0" 10'-4" 8'-0" 9'-7"1301.00ENTRY & GARAGELEVEL F.F.E.SOUTH ELEVATIONSCALE:1/4" = 1'-0"31231231238'-6" 9'-6" 10'-6" 8'-0"JOB NO:DATE:SCALE:DRAWN BY:SHEET TITLE:CHECKED BY:21-015SG, ENMLDM10-12-2022AS NOTEDPLANNING SET - 03/29/2024 3635 Newton StreetTorrance, California 90505Tel: 310/379-9716e-mail: luis@envirotechno.comwebsite: envirotechno.comENVIROTECHNOINTERACTIVE ARCHITECTURE +INTERIOR DESIGNSHEET NO:PROJECT TITLE:CLIENT NAME: LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274 ARCHITECTURAL STAMP:LUKIC RESIDENCE 4 SPUR LANE ROLLING HILLS, CA 90274A-7.1MAIN RESIDENCE ELEVATIONS 255 Agenda Item No.: 10.B Mtg. Date: 04/22/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: ZONING CASE NO. 23-137: SITE PLAN REVIEW TO CONSTRUCT AN ADDITION TO AN EXISTING RESIDENCE GREATER THAN 999 SQUARE FEET, ATTACHED COVERED PORCHES, OUTDOOR KITCHEN, AND OTHER IMPROVEMENTS; AND VARIANCE REQUESTS TO CONSTRUCT IN THE FRONT YARD SETBACK AND WAIVE THE REQUIREMENT FOR A STABLE AND CORRAL SET ASIDE AREA, FOR A PROPERTY LOCATED AT 29 EASTFIELD DRIVE, ROLLING HILLS, CA, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 45-EF) (AQUINO) DATE:April 22, 2024 BACKGROUND: On March 16, 2024, the Planning Commission held a field trip and evening meeting for Zoning Case No. 23-137. The field trip was called to order with three Commissioners present: Vice Chair Kirkpatrick, Commissioner Cardenas, and Commission Douglass. There were two public attendees (Judith Haenel and Brett Buckman). Staff gave a presentation on the project and the Commissioners and public were able to walk the site to view the silhouettes and staking. Judith Haenel expressed concerns regarding the height of the proposed additions and a portion of the existing driveway encroachment on her property. After the field trip, staff walked over to Judith Haenel's house to view the project from her property and observe the height of the addition. At the evening meeting, three Commissioners were present, and staff gave a presentation. There were two residents opposed to the project: Judith Haenel and Jaynee Barile (31 Eastfield Drive). They expressed concerns with the height of the new additions, the re- orientation of the garage creating car lights reflecting down onto their bedrooms when parking at night in the driveway, and a portion of the existing driveway encroaching onto their property. The Planning Commission discussed the project and voted 3-0 to adopt Resolution No. 23- 137, approving the project. The Planning Commission informed Judith Haenel that the issue 256 with the driveway encroachment was separate from the project and not under their purview. The Planning Commission directed staff to work with Judith Haenel and Jaynee Barile to find a solution to resolve the driveway encroachment issue. Staff have met with the residents, but in granting approval, the Planning Commission did not require any changes to the existing driveway and there is landscaping between the properties to provide screening. The property is zoned RAS-1, and the net lot area is 54,998 square feet (1.26 acres). The lot is currently developed with a 1,889-square-foot single-family residence, 433-square-foot attached garage, 490-square-foot covered porch, and 52-square-foot shed. The lot size, easements, and existing topography limit the size and location of any proposed improvements on site. The existing residence is a legal non-conforming structure that already encroaches into the existing front setback. There is one building pad, and the existing topography of the project site slopes down approximately 211 feet from the front to the rear property line near the bottom of a canyon. The existing topography of the entire site limits a safe buildable area for a future 1,000-square-foot equestrian set-aside area. DISCUSSION: Applicant Requests On November 15, 2023, applications were duly filed by Brett Buchman of Buchmann Design, on behalf of Arnold and Lulu Aquino, requesting a Site Plan Review for a 1,075-square-foot addition to the existing main residence. Variances were also requested for portions of the additions and porches to encroach into the front set back and exemption from the requirement to provide the 1,000 square foot equestrian set aside area. The overall project proposes: A new 342-square-foot covered porch to the northwest portion of the existing residence adjacent to the existing living room with new 52-square-foot outdoor kitchen and BBQ The existing garage will be expanded by a 146 square feet addition (at the west side of garage). The total garage area will be 579 square feet. The orientation of the garage will change to the southern elevation. A 962-square-foot addition will be added to the southwestern portion (primary bedroom addition). A 113-square-foot addition will be added to the southeastern portion of the residence (secondary bedroom addition). The existing main residence is 1,899 square feet, and the project will add 1,075 square feet for a total of 2,974 square feet. A new 182-square-foot covered porch will be added to southeast portion of the residence (adjacent to the secondary bedroom and existing garage). The project will add a 29-square-foot trash enclosure to the southern portion of the residence adjacent to the garage area. A new retaining wall is proposed in the rear of the property within the existing retaining wall located along the southwestern section of the existing building pad. The maximum height of the new retaining wall is three feet. The new retaining wall will match the same design & color of the existing located along the northwestern section of the building pad. There is very minimal grading required for the new retaining wall a total of 24 cubic yards (CY) including 12 CY cut and 12 CY fill balanced onsite. 257 The existing walkways located on the north and east of the residence will remain the same. The walkways located on the west of the residence will be redesigned. The existing 679-square-foot parking pad will be converted to the primary driveway. The existing building height is 13 feet, 3 inches and the project will match the existing height. Site Plan Review The Rolling Hills Municipal Code requires a Site Plan Review for the expansion, modification, alteration or repair of any existing building or structure addition which increases the size of the residence by more than 999 square feet pursuant to RHMC Section 17.46.020.A. The Project proposes a 1,075-square-foot addition to the main the residence (2,974 square feet total) and 146-square-foot addition to the attached garage (579 square feet total). Variance The Rolling Hills Municipal Code requires a Variance for deviations from development standards. Variances are requested for a portion of the addition to encroach into the front set back and exemption from the requirement to provide the 1,000 square foot equestrian set aside area. Variance request for encroachment into the front yard setback The existing residence was built in 1957 and encroaches 24 feet into the 50-foot front yard setback, which is considered legal nonconforming. However, any new addition must meet the required 50-foot front yard setback. A variance is requested for a 113-square-foot bedroom addition, 146-square-foot garage addition, and 182-square-foot covered porch to encroach into the front yard setback. MUNICIPAL CODE COMPLIANCE Setbacks The project complies with the required 20-foot side setbacks and 50-foot rear setback in the RAS-1 Zone. However, due to the smaller lot size, rear slope, and easements, the existing main residence encroaches into the front setback. Lot Coverage and Building Pad Coverage The Project complies with the Development Standards in the Rolling Hills Municipal Zoning Code. The existing structural coverage is 2,840.5 square feet or 5.26%, and the project proposes a net of 1,709.8 square feet or 3.11%, for a total of 4,550.3 square feet or 8.27%. This is still under the maximum allowed 20% structural coverage. The existing flatwork coverage is 2,998 square feet or 5.45%, and the project proposes 224 square feet or 0.41%, for a total of 3,222 square feet or 5.86%. This is still under the maximum allowable 15% structural coverage. The existing structural and flatwork coverage is 5,890.5 square feet or 10.71%, and the project increases that by 1,962.8 square feet or 3.57%. The total overall structural and flatwork coverage will result in 7,853.3 square feet or 14.28%, which is still well under the maximum allowed 35% structural and flatwork coverage. 258 Building Pad #1 is a total of 20,900 square-feet. The existing Building Pad #1 Coverage with deductions is 7,066 square feet or 34.4%, and with an increase of 1,632 square feet or 7.8%, and the total proposed Building Pad Coverage with deductions is 8,698 square feet or 42.2%, this exceeds the maximum 30% guideline by 12.2%. Disturbance The existing disturbed area is 13,131 square feet or 23.88% which is still below the maximum allowed 40%. There is no increase of disturbance because the proposed project is in an area that is already disturbed. Neighbor Concerns No public comments have been received on the date of publication of this Agenda item. Review by RHCA The Rolling Hills Community Association will review this project. Environmental Review The Project has been determined to be exempt from the California Environmental Quality Act, (CEQA) pursuant to Class 5, Section 15305, Minor Alterations in Land Use Limitations, of the CEQA Guidelines. Field Visit On March 19, 2024 at 7:50 a.m., the Planning Commission viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Commission. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts accessory structures. CRITERIA FOR SITE PLAN REVIEW 17.46.050 - Required Site Plan Review findings The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a Site Plan Review application. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable 259 area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. 17.38.050 - Required Variance findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities G. That the variance request is consistent with the general plan of the City of Rolling Hills. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1: PL_ADR_240306_29EastfieldDrive_ZC23-137_RadiusMap_js.pdf Attachment 2: 240214_29EastfieldDrive_Development Table (ZC23-137).pdf 260 Attachment 3: 2024-04_PC_Resolution_29EastfieldDrive_ZC23-137_Aquino_F_E.pdf Attachment 4: 240311_Photos 29 Eastfield Drive.pdf Attachment 5: 240214_29EastfieldDrive_ZC23-137_Plans.pdf 261 City of Rolling Hills ROLLING HILLS, CA 90274 TITLE VICINITY MAP CASE NO. Zoning Case No. 23-137 Site Plan Review & Variances OWNER Aquino ADDRESS 29 Eastfield Drive, Rolling Hills 90274 SITE 262 March 19, 2024 Planning Commission Meeting Development Table Zoning Case No. 23-137 29 Eastfield Drive SITE PLAN REVIEW, & VARIANCE EXISTING PROPOSED TOTAL RA-S-1 Zone SINGLE FAMILY RESIDENCE AND ATTACHED GARAGE MAJOR REMODEL AND 1,075 SF ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE, 146 SF ADDITION TO GARAGE, 439 SF COVERED PORCH, & 29 SF SERVICE YARD Net Lot Area (1.26 AC) 54,998 SF (1.26 AC) 54,998 SF Residence 1,899 SF 1,075 SF 2,974 SF Attached Garage 433 SF 146 SF 579 SF Swimming Pools/Spa 0 SF 0 SF 0 SF Pool Equipment 0 SF 0 SF 0 SF ADU 0 SF 0 SF 0 SF Stable minimum: 450 SF Corral minimum: 550 SF 0 SF 0 SF 0 SF 0 SF 0 SF 0 SF New Planter Box 0 SF 0 SF 0 SF Recreation Court 0 SF 0 SF 0 SF Attached Covered Porches 490.5 SF 438.8 SF 929.3 SF Detached Sheds 52 SF 0 SF 52 SF Attached Trellis 0 SF 0 SF 0 SF Service Yard 0 SF 29 SF 29 SF Primary Driveway 941 SF 570 SF 1,511 SF Paved walkways 1,378 SF 333 SF 1,711 SF Patios 0 SF 0 SF 0 SF Outdoor BBQ 0 SF 50 SF 50 SF Pool Deck 0 SF 0 SF 0 SF Other Paved Driveways, Parking Pads, 679 SF -679 SF 0 SF Grading (balanced onsite) 0 CY 12 CY CUT 12 CY FILL 24 CY TOTAL Structural Lot Coverage (20% maximum with deductions) 2,840.5 SF (5.26%) 1,709.8 SF (3.11%) 4,550.3 SF (8.27%) Flatwork Lot Coverage (15% maximum) 2,998 SF (5.45%) 224 SF (0.41%) 3,222 SF (5.86%) Total Lot Coverage (Structures and Flatwork) (35% maximum with deductions) 5,890.5 SF (10.71%) 1,962.8 SF (3.57%) 7,853.3 SF (14.28%) Total Disturbed Area (40% maximum) 13,131 SF (23.88%) 0 SF (0%) 13,131 SF (23.88%) Residential Building Pad 1 (30% Maximum Guideline) 13,131 SF PAD AREA 2,332 SF (17.76%) 0 SF PAD AREA 1,250 SF (9.52%) 13,131 SF PAD AREA 3,582 SF (27.28%) Stable Building Pad 2 (30% Maximum Guideline) 0 SF (0%) 0SF PAD AREA 0 SF (0%) 0 SF PAD AREA 0 SF (0%) 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 Page 1 of 4 Photos 29 Eastfield Drive 1st : The new 182 SF covered porch projection area. The garage 146 SF garage addition and the garage door will be reoriented and accessible from the south. The addition and porches encroach into the front setback. Photo taken from standing at the end of the driveway facing west 278 Page 2 of 4 2nd: The south corner of the addition on the west side of the residence. The addition extends to the existing wall, and the entire wall will be demolished. The new wall will be extended out 8.2 feet and filled with 12 cubic yards of dirt. Photo taken from standing at the southwest portion of the backyard facing east 279 Page 3 of 4 3rd : New attached covered patio and primary bedroom addition to the west side of the residence The photo was taken from the north in the backyard looking down towards the south 280 Page 4 of 4 4th: The yard area will be expanded out west 8.2 feet, cut 12 CY, and the existing retaining wall will be demolished, and replaced with a maximum 3’ retaining wall and filled with 12 CY of dirt. This photo was taken on the lower level of the building pad looking south 281 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Cover Sheet-CSScope of WorkAQUINO RESIDENCE29 Eastfield Dr,Rolling Hills,California 90274 Single Family Residence Remodel/Addition- Change orientation of Garage & create a 3rd space in the garage- New covered porch at garage to match existing- Primary Suite Addition- New Covered porch at rearArchitect & ConsultantsSeparate PermitsSeparate Permits may be required for work not proposed in these documents. These itemsmay include but not limited too; Spas, Pools, Solar Equipment, Demolition, Shoring, MajorElectrical and Mechanical work, and Sewer cap of existing buildingsCode ComplianceThis project shall comply with the requirements of the following codes. In addition, contractor andsubcontractors shall conform to all local codes and requirements which supersede all notes andspecifications in these plans.2022 California Building Code (CBC)2022 California Residential Code2022 California Mechanical Code (CMC)2022 California Plumbing Code (CPC)2022 California Electrical Code (CEC) 2022 California California Energy Code2022 California Green Building Standards Code2022 California L.A. Fire CodeAll Applicable Local Codes and OrdinancesThe intent of the Drawings and Specifications is to Provide Building Construction in Accordance withCalifornia Building Code. Should any Conditions Develop not Covered by the Contract Documents Whereinthe Finished Work will not Comply with Said Title 24, California Code of Regulations, a Change OrderDetailing and Specifying the Required Work Shall be Submitted to and Approved by the City BeforeProceeding with the Work.Sheet IndexCover Sheet + Project Information CSCalculations CalcSite Plan SPExisting Plans + Existing Elevations 0.0 Floor Plan 1.0Roof Plan 4.0Proposed Building Elevations 5.0Soils Report 9.6Topographic Survey 10.1 9 pages ApplicantArnold & Lulu Aquino29 Eastfield DrRolling Hills, CA 90274(424) 206-9824Architect:Buchmann Design, Architectural Corp.746 4th StreetHermosa Beach, CA 90254(310) 896-8331 OfficeSurveyorPacific Land Consultants, Inc.28441Highridge Rd, Suite 230Rolling Hills Estates, CA 90574(310) 544-8689 Officeinfo@plcsurveying.comRenderings are for Reference Only, Not for Construction, Refer to Plans and details for construction Project Address 29 Eastfield DrLegal Description RECORD OF SURVEY AS PER BK 58 PG 6 TO 10 OF RECORD OF SURVEYS LOT 45Assessors Parcel No. 7567-002-004Zoning RAS-1Scope of Work Single Family Residence Remodel/AdditionType of Construction: V-BOccupancies: R3/USprinklers:NoProject SummaryBRETT ALOISBUCHMANNRenewalC-32801LICE N S EDARCHITECTSTATEOFCALI F OR NIA7.31.2519' Long9' W ide 19' Long9' W i d e 19' Long9' W ide Primary Bedroom Addition 962 ft²Garage Addition 146 ft²New Covered Porch 342.3 ft²New Covered Porch 182.2 ft²Bedroom Addition 113 ft²2' 5" Wide6' 8" High 2' 4" Wide6' 8" High 2' 6" Wide6' 8" High 2' 4" Wide 6' 8" High 7' High 16' Wide2' 6" Wide 6' 8" High2' 6" Wide 6' 8" High Existing Floor Plan Proposed Floor PlanExisting Garage 433 ft²Existing CoveredPorch to remain 404.8 ft²Existing 1899 ft²Calculations of Lot CoverageArea and StructuresExisting ProposedTotalNet Lot Area54,998ft²Residence1,899ft²1,075ft²2,974ft²Garage433ft²146ft²579ft²Swimming Pool / Spa0ft²0ft²0ft²Pool Equipment0ft²0ft²0ft²Guest House 0ft²0ft²0ft²Cabana 0ft²0ft²0ft²Stable 0ft²0ft²0ft²Recreation Court0ft²0ft²0ft²Attached Covered Porches 490.5ft²438.8ft²929.3ft²Entryway / Porte Corchere, Breezeways0ft²0ft²0ft²Attached Trellises0ft²0ft²0ft²*Detached Structures:Sheds, Trellises, Gazebo52ft²0ft²52ft²Barbeque, Outdoor Kitchen0ft²50ft²50ft²(over 15' high + over 120ft²) Roofed Play Equipment0ft²0ft²0ft²Water Features, etc.18ft²0ft²18ft²Service Yard0ft²29ft²29ft²Other__________________0ft²0ft²0ft²Basement Area 0ft²0ft²0ft²(Volume of Dirt) ____________Yd³Depth of Basement ____________Total Structures2,892.5ft²1,738.8ft²4,631.3ft²% Structural Coverage5.26%3.16%8.42%Total Structures Excluding (up to 5 & up to 800 ft²detached structures that are not higher than 12' high)2,840.5ft²1,709.8ft²4,550.3ft²% Structural Coverage5.16%3.11%8.27%FlatworkPrimary Driveways941ft²570ft²1,511ft²Paved Walks, Patio Areas, Courtyards1,378ft²333ft²1,711ft²Pool Decking0ft²0ft²0ft²Other Paved Driveways, RoadEasements, Parking Pads679ft²-679ft²0ft²Total Flatwork2,998ft²224ft²3,222ft²% Structural Coverage5.45%0.41%5.86%Total Structural & Flatwork5,890.5ft²1,962.8ft²7,853.3ft²% Structural Coverage10.71%3.57%14.28%Total Sq.Ft. of Pervious Surfaces(Other than landscaping; i.e. D.G., Pavers in sand, grass crete)ft²Total Disturbed Area13,131ft²0ft²13,131ft²% Disturbed Area23.88%0%23.88%* Free standing accessory structures such as sheds, trellises, covered patios, gazebo, fountains, barbecue, outdoorfireplace, etc., are not counted towards coverages unless larger than 120 ft², their combined area exceeds 800 ft², or ifthere are more than 5 such structures on the property.Calculations of Building Pad Coverage (Pad #1)Buildable Pad Area and StructuresExisting ProposedTotalBuilding Pad13,131ft²0ft²13,131ft²Residence1,899ft²1,075ft²2,974ft²Garage433ft²146ft²579ft²Pool / Spa0ft²0ft²0ft²Pool Equipment0ft²0ft²0ft²Cabana / Rec. Rm.0ft²0ft²0ft²Guest House 0ft²0ft²0ft²Stable 0ft²0ft²0ft²Sports Court0ft²0ft²0ft²Service Yard 0ft²29ft²29ft²Attached Covered Porches:Primary Residence490.5ft²438ft²928.5ft²Accessory Structures0ft²0ft²0ft²Area of Attached Covered Porches thatexceed 10% of the size of residence/accessory structure0ft²0ft²0ft²Entryway / Porte Corchere, Breezeways0ft²0ft²0ft²Attached Trellises0ft²0ft²0ft²(from lot coverage page) All Detached Structures70ft²50ft²120ft²(minus deductions) All Detached Structures0ft²0ft²0ft²Other 0ft²0ft²0ft²Total Structures on Pad #12,892.5ft²1,738ft²4,630.5ft²% Pad Coverage22.03%13.24%35.26%Total Structures on Pad #1(Not including attached trellises, not including allowed deductions,and including the area of covered porches that exceed 10% of thesize of the residence /accessory structures.2,332ft²1,250ft²3,582ft²% Pad Coverage17.76%9.52%27.28%Existing CoveredPorch to be removed85.7 ft²Grading and Excavation InformationGrading QuantitiesCubicYardsMaxDepthMax DepthLocationCut/ExcavationFor House / Addition12yd³3ftAt Rear YardFor other structures (i.e. walls)0yd³0ft-List__________0yd³0ft-__________0yd³0ft-For driveway(s)0yd³0ft-For yard areas0yd³0ft-For basement excavation0yd³0ft-For pool/spa excavation0yd³0ft-Overexcavation0yd³0ft-TOTAL CUT12yd³TOTAL EXPORT12yd³FILLFor House / Addition0yd³3ft-For other structures (i.e. walls)12yd³5ftAt Rear YardList__________0yd³0ft-__________0yd³0ft-For driveway(s)0yd³0ft-For yard areas0yd³0ft-For basement0yd³0ft-For basement wells 0yd³0ft-For pool/spa0yd³0ft-Recompaction0yd³TOTAL FILL12yd³TOTAL GRADING (Sum of total cut and total fill) 24 yd³Pad/Floor ElevationsExisting pad elevationsResidential PadOther PadFinished floor200Finished gradeProposed Pad ElevationsFinished floor200Finished gradeBasement-finished floorBasement-finished window well wall Vicinity Map Scale 1"=256'Subject SiteSoils EngineerTony LeeT.I.N. Engineering Company17834 Bailey DriveTorrance, California 90504(310)371-7045 Office(310)371-5856 Faxtinsoilsheep@yahoo.comService Yard282 WMWM( 1 9 4 . 8 8 ) T B E RM ( 1 9 4 . 6 3 ) F L ( 1 9 4 . 7 2 ) F L ( 1 9 4 . 8 2 ) F L ( 1 9 5 . 1 3 ) T B E RM ( 1 9 5 . 2 5 ) T B E RM ( 1 9 6 . 2 5 ) T B ERM ( 1 9 5 . 8 0 ) F L ( 1 9 6 . 7 6 ) F L ( 1 9 7 . 0 9 ) T B E RM ( 1 9 7 . 7 4 ) T B ERM ( 1 9 7 . 4 0 ) F L ( 1 9 7 . 8 3 ) F L ( 1 9 8 . 1 4 ) T B E RM ( 1 9 8 . 0 0 ) T B E RM ( 1 9 7 . 7 3 ) F L ( 1 9 7 . 9 0 ) F L ( 1 9 8 . 0 2 ) F L ( 1 9 8 . 3 0 ) T B ERM ( 1 9 8 . 3 7 ) T B ERM ( 1 9 8 . 0 2 ) F L ( 1 9 7 . 7 4 ) F L ( 1 9 7 . 9 2 ) T B E RM (197.59)FS(197.69) F S (19 7 . 4 1 ) F S ( 1 9 6 . 6 0 ) F S (195.43) F S ( 1 9 4 . 3 3 ) TW ( 1 9 4 . 6 7 ) F S (198 .3 1 ) F S R IDG E E L E . : 2 0 2 . 6 1 FH PP BOLLAR D R IDG E E L E . : 2 0 5 . 7 6 ( 1 9 9 . 9 8 )G F F (199.93)FS(198.70) F S (200.64) F S (199.79) F S (199.81) F S (199.65 ) F S (199.79)FS(19 9 . 8 2 ) F S R IDG E E L E . : 2 1 3 . 5 4 ( 1 9 9 . 6 5 ) TW ( 1 9 9 . 3 7 ) TW ( 1 9 9 . 3 3 ) TW ( 1 9 9 . 3 5 ) TW ( 1 9 9 . 3 9 ) TW ( 1 9 9 . 5 0 ) TW ( 2 0 0 . 0 0 ) F F (199.80)F S (199.5)F G (199.4)FG (199.85)FS(199.85)FS (199.49)FSGUY GUY (199.67) F S (199.65) F S (199.70)FS (199.75)FS(199.75) F S (199.82)FS(193.3)FG (192.9)FG(192.6)FG(191.1)FG (192.0)F G ( 1 9 9 . 4 9 ) TW ( 1 9 9 . 4 8 ) TW ( 1 9 6 . 7 8 ) TW ( 1 9 3 . 5 0 ) TW ( 1 9 1 . 0 2 ) TW ( 1 9 8 . 2 5 ) TW ( 1 9 8 . 2 5 ) TW ( 1 9 8 . 2 6 ) TW ( 1 9 8 . 3 0 ) TW ( 1 9 7 . 6 8 ) TW ( 1 9 7 . 9 8 ) TW ( 1 9 2 . 7 6 ) TW ( 1 9 1 . 3 5 ) TW ( 1 9 0 . 1 0 ) TW (191.0)FG (19 3 . 2 ) F G (192.8)FG (190.4)F G ( 1 9 0 . 0 7 ) TW ( 1 9 0 . 1 0 ) TW (190.6)FG(192.7)FG (193.2)FG(192. 7 ) F G (192.6)F G (185.4)F G (185.7)F G (186.8)F G(186.7)FG (186.0)F G (185.4)F G (188 .25 )F S (191.49)FS (191.0)F G(190.0)F G ( 1 9 1 . 4 0 ) TW ( 1 9 1 . 3 1 ) TW ( 1 9 1 . 3 5 ) TW ( 1 9 4 . 1 2 ) TW ( 1 9 8 . 0 4 ) TW ( 1 9 9 . 2 9 ) F S (19 8 . 6 5 ) F S (1 9 8 . 6 6 ) F S (19 9 . 3 0 ) F S (199.29) F S ( 1 9 9 . 4 2 ) TW ( 1 9 9 . 4 4 ) TW ( 1 9 9 . 5 0 ) TW ( 1 9 9 . 5 0 ) TW ( 1 9 9 . 5 0 ) TW (198.68) F S (1 9 9 . 6 7 ) F S (199.67)FSL =8 9 .2 7 ' R =1 5 0 .0 0 ' Δ =3 4 °0 6 '0 1 " (50)(50)(55)(55)(60)(60)(65)(65)(70)(70)(75)(75)(80)(80)(85)(85)(90)(90)(95)(100)(105)(110) (115) (120) (125) (130) (135) (140) (145) (150) (155) (160) (165) (170) (175) (180) (185) (46)(46)(47)(47)(48)(48)(49)(49)(51)(51)(52)(52)(53)(53)(54)(54)(56)(56)(57)(57)(58)(58)(59)(59)(61)(61)(62)(62)(63)(63)(64)(64)(66)(66)(67)(67)(68)(68)(69)(69)(71)(71)(72)(72)(73)(73)(74)(74)(76)(76)(77)(77)(78)(78)(79)(79)(81)(81)(82)(82)(83)(83)(84)(84)(86)(86)(87)(87)(88)(88)(89)(89)(91)(92)(93)(94)(96)(97)(98)(99)(101)(102)(103)(104)(106)(107)(108)(109)(111)(112)(113)(114) (116) (117)(118)(119) (121) (122) (123) (124) (126) (127) (128) (129) (131) (132) (133) (134) (136) (137) (138) (139) (141) (142) (143) (144) (146) (147) (148) (149) (151) (152) (153) (154) (156) (157) (158) (159) (161)(162)(163)(164) (166)(167) (168)(169) (171)(172)(173)(174) (176)(177)(178)(179) (181)(182)(183)(184)(195)(195) (200)(200) ( 20 0 ) ( 2 0 0 )(200) ( 2 0 0 )(191)(192)(193)(194)(196)(196)(197)(197) (198) (198) (198)(199) (199) (199 ) (199) (201) (201)30'RoadEasementProperty LineProperty LineP rope r t y L i n e Net LotArea 54998 ft²1 0 '10'10'10'PrimaryDriveway 941 ft²30'RoadEasement50'SetbackProperty LineProperty LineP rope r t y L i n e 2 0 ' Se tba c k 20' setback50'SetbackBuildableArea 5471 ft²Parking Pad 679 ft²Paved Walk 1378 ft²PrimaryDriveway 1511 ft²Paved Walk 1711 ft²30'RoadEasementProperty LineProperty LineP rope r t y L i ne DisturbanceArea 13131 ft²Net Lot Areascale 116"=1'-0"Buildable Areascale 116"=1'-0"Disturbance Areascale 116"=1'-0"Proposed Coveragesscale 116"=1'-0"Existing Coveragesscale 116"=1'-0"30'RoadEasementProperty LineProperty LineP rope r t y L i n e 30'RoadEasementProperty LineProperty LineP rope r t y L i n e Gradingscale 116"=1'-0"30'RoadEasementProperty LineProperty LineP rope r t y L i n e +5' Fill 57.4ft³2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Calculations-CalcBRETT ALOISBUCHMANNRenewalC-32801LICE N S EDARCHITECTSTATEOFCALI F OR NIA7.31.25283 Site Planscale 116"=1'-0"N30' Easement2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Cover Sheet-SPBRETT ALOISBUCHMANNRenewalC-32801LICE N S EDARCHITECTSTATEOFCALI F OR NIA7.31.2550'Front Setback20' Side Setback20'Side Setback50'Rear Se tback Change Garageorientation toSouth ElevationExisting Single FamilyResidenceExistingGarageGarage Addition tocreate 3 Car GarageArea ofAdditionFire HydrantPower PoleNew Covered porch tomatch existingNew Covered patioArea ofAddition21.1'(e) SetbackSetbackEasementEasementEa s em e n t EasementSetbackSetbackSe tba c k Property Line25'Easemen t 15'Easement15' Easement Property LineP r op e r t y L i ne Property LineNew Retaining wallRetaining wall Removed(E) Pilaster(E) PilasterExisting Driveway toRemain in EasementExisting Patio to Remainin EasementGuy WireExisting Vegetation toRemain in EasementExisting Vegetation toRemain in EasementExisting Vegetation toRemain in EasementLine of Existing DrivewayLine of DGExisting Retaining Wallto Remain in EasementExisting Vegetation to Remain in EasementExisting Walls to Remainin EasementFFE 20021.7'Existing Setbackto remain(50) (50) (55) (55) (60) (60)(65) (65)(70)(70)(75)(75)(80)(80) (85)(85)(90) (90) (95) (100) (105) (110) (115) (120) (125) (130) (135) (140) (145) (150) (155) (160) (165) (170) (175) (180) (185) (46)(46) (47) (47) (48) (48) (49) (49) (51) (51) (52) (52) (53) (53) (54) (54) (56)(56)(57) (57) (58) (58) (59)(59)(61) (61)(62) (62) (63) (63) (64) (64) (66) (66) (67) (67) (68)(68)(69) (69) (71) (71) (72) (72)(73)(73)(74)(74)(76)(76)(77)(77) (78)(78)(79) (79) (81)(81)(82)(82) (83)(83)(84) (84) (86)(86) (87)(87) (88)(88) (89)(89) (91) (92) (93) (94) (96) (97) (98) (99) (101) (102) (103) (104) (106) (107) (108) (109) (111) (112) (113) (114) (116) (117) (118) (119) (121) (122) (123) (124) (126) (127) (128) (129) (131) (132) (133) (134) (136) (137) (138) (139) (141) (142) (143) (144) (146) (147) (148) (149) (151) (152) (153) (154) (156) (157) (158) (159) (161) (162) (163) (164) (166) (167) (168) (169) (171) (172) (173) (174) (176) (177) (178)(179) (181) (182) (183)(184)(195)(195)(200) ( 2 0 0 )(191)(192)(194)(196)(196)(197)(197) (198) (198) (198)(199) (199) (199 ) (199) (201) (201)Willow Springs TrailWillo w S p r i n g s T r a i l EastfieldDrive199.85FS19 9 . 7 9 F S19 9 .6 7 F S19 9 .6 7 F S 19 1 .0 2 TW 19 5 . 4 TW 19 2 . 9 FG 200 FG 1 9 8 .7 FG 1 9 6 .9 5 FG 1 95 . 4 TW19 2 . 9 FG 1 98 . 6 6 F S 1 88 . 2 5 F S 1 90 . 0 7 TW 191 . 35 TW 19 9 .5 TW 19 9 .3 9 TW 199.35TW1 99 . 5 TW 19 0 . 1 TW 1 9 9 .6 7 F S 199.67FS28.3'Non ConformingStructure in setback8 . 2 'Dn5.1'PorchProjection18'DeckProjection2.7' F.P. 5.1' Porch Projection 2.2' Eave2'Rake2.2' Eave2.2'Eave2 'Rake 2.2'Eave2'Rake5 .1 'PorchPro jec t ion (E) Slope (E) Slope(E) Slope(E) S lope ( E ) 5% Slop e ( E ) S l op e Area of FillArea of FillRetaining wall to be removedNew Retailing WallExisting Retailing WallNew AdditionSec t ion ASection Ascale 116"=1'-0"19 1 .1 TW 1 91 . 1 TW 195.4TW200 FFE198.25TWArea For Site Plan ReviewProposed 2,389.5 sq ftProposed 433 sq ftExisting Shed to be remain(E) Septic Systemin Front YardService Yard284 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Floor Plan-0.0BRETT ALOISBUCHMANNRenewalC-32801LIC E N S EDARCHITECTSTATEOFCALI F OR NIA7.31.25Existing Floor Planscale 14"=1'-0"N2' 5" Wide 6' 8" High2' 4" Wide 6' 8" High2' 4" Wide 6' 8" High2' 6" Wide 6' 8" High2' 6" Wide 6' 8" High 2' 6" Wide 19' Long9' Wide2' 6" Wide 6' 8" High 19' Long9' Wide2' 5" Wide 6' 8" High2' 4" Wide 6' 8" High 2' 4" Wide 19' Long9' Wide19' Long9' Wide2' 6" Wide2' 6" Wide ▪Dining▪▪Great Room▪▪Kitchen▪▪Bath▪▪Bedroom▪▪Bedroom▪▪Entry▪▪Garage▪▪Bedroom▪▪Bath▪2' 5" Wide6' 8" High 2' 4" Wide6' 8" High 2' 6" Wide6' 8" High 2' 4" Wide 6' 8" High 7' High 16' Wide2' 6" Wide 6' 8" High2' 6" Wide 6' 8" HighExisting West Elevationscale 14"=1'-0"Existing South Elevationscale 14"=1'-0"Existing East Elevationscale 14"=1'-0"Existing North Elevationscale 14"=1'-0"Line of FrontYard Setback285 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Floor Plan-1.0Floor Planscale 14"=1'-0"BRETT ALOISBUCHMANNRenewalC-32801LICE N S EDARCHITECTSTATEOFCALI F O R NIA7.31.2519' Long9' W ide 19' Long9 ' W ide 19' Long9 ' W ide ▪Office▪▪Dining▪▪Great Room▪▪Kitchen▪▪Outdoor Living▪▪His Closet▪▪Vestibule▪▪Laundry▪▪Bath▪▪Bedroom▪▪Bath▪▪Bedroom▪▪Powder▪▪Entry▪▪Pantry▪▪Primary Bedroom▪▪Her Closet▪▪Primary Bath▪▪Vanity▪▪Garage▪NRemove ExistingFireplaceNew Gas FireplaceAppliance6'-0"31 ' -0 "3'-6"18'-0"2'-2"19'-0" 5 ' -112 "Line of FrontYard SetbackWall to be RemovedExisting LegendWall to RemainWall Added5'- 5 "5'-4"Service Yard286 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Roof Plan-4.0BRETT ALOISBUCHMANNRenewalC-32801LICE N S EDARCHITECTSTATEOFCALI F OR NIA7.31.25Roof Planscale 14"=1'-0"N2' 5" Wide6' 8" High 2' 4" Wide6' 8" High 2' 6" Wide6' 8" High 2' 4" Wide 6' 8" High 7' High 16' Wide2' 6" Wide 6' 8" High2' 6" Wide 6' 8" High Existing RidgeNew Ridge New Ridge(N) Pitchbreak (N) Pitchbreak(E) Pitchbreak (N) Valley( N ) V a l l e y (N ) Va l l e y (E) ValleyNew RidgeNew R idge New Valley(N) Val ley (N) Valley4:12 4:12 2 1 2 :12 2 12 :122 12 :1 2 4:124:124:1 2 4:1 24:122 12 :122 1 2 :1 2 4:124:124:124:12287 5' 6"3' 8"14' 2" Wide8' 6" Wide7' High 8' 6" Wide7' High 3' 10" High 3' 10" High 3' 10" High 8' 6" Wide3' 10" High 3' 9" Wide7' 2" High 3' 9" Wide7' 2" High200'1st Floor FFE8'-1"Plate Height6'-10"Plate Height8'-714"Top of Beam 200'1st Floor FFE8'-0" Plate Height 9'-6" Plate Height 13'-3" (E) Building Height 3' 9" Wide2' 6" Wide3' 10" High 5' Wide3' 10" High 2' 6" Wide3' 10" High200'1st Floor FFE8'-714" Top of Beam 200'1st Floor FFE8'-1" Plate Height 6'-10" Plate Height 13'-3" (E) Building Height2' 6" Wide6' 8" High2' 6" Wide2' 6" Wide5' Wide3' 10" High2' 6" Wide3' 10" High 2' 6" Wide3' 10" High 2' 6" Wide3' 10" High5' Wide3' 10" High2' 6" Wide5' Wide2' 6" Wide200'1st Floor FFE9'-6"Plate Height 200'1st Floor FFE8'-1" Plate Height 6'-10" Plate Height 13'-3" (E) Building Height 5' Wide2' 6" Wide2' 6" Wide5' 8" Wide7' High5' Wide5' Wide5' 9" High 5' Wide200'1st Floor FFE8'-1" Plate Height 6'-10" Plate Height 200'1st Floor FFE8'-714" Top of Beam 13'-3"(E) Building Height 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Elevations-5.0 South Elevationscale 14"=1'-0" West Elevationscale 14"=1'-0"BRETT ALOISBUCHMANNRenewalC-32801LICE N S EDARCHITECTSTATEOFCALI F OR NIA7.31.25 North Elevationscale 14"=1'-0" East Elevationscale 14"=1'-0"288 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Soils Report-9.6289 2208 746 4th st. hermosa beach office # 310▪896▪8331 office @ buchmann-design.comAQUINO RESIDENCE 29 Eastfield Dr ,Rolling Hills ,California 90274-Survey-10.1290 Agenda Item No.: 12.A Mtg. Date: 04/22/2024 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 DIRECT STAFF TO PREPARE A TIMELINE TOWARDS A PUBLIC HEARING DATE:April 22, 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 (Solar-PV) system The City Council subsequently assigned further exploration to the RHCA. After some time, the RHCA requested that city staff take back ownership of a project, which City staff brought 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 291 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 sole 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. On June 12, 2023, given last year's staff vacancies, the lack of technical expertise on energy projects, the then workload to deliver the CalOES/FEMA Hazard Mitigation Program grants, and the possibility to offset ongoing General Fund expenditures for the backup power project, 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 292 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 (Attachment D): 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 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. On March 11, 2024, City staff presented (Attachment E) that since December 2023, SiteLogiQ had revisited the program approach, with a focus on the scope and scale of the Solar-PV system and Energy Storage. Per City Council's direction they performed the following tasks: Kept the Solar-PV system at approximately the same size and in the same location; Removed the EV charging station; Removed the energy storage system; Introduced a dual-fuel energy generator to the solution mix for City Hall only due to RHCA decision to install their own back-up generator; 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 City Council requested that SiteLogiQ provide specific schematics and bottom-line costs for both Option B (Photovoltaic Solar System with dual-fuel backup generator) and Option C (dual-fuel backup generator only) at the March 25, 2024 Council meeting. On March 25, 2024, staff presented a follow-up report per direction and provided answers to outstanding questions or concerns. The City Council deferred a decision until SiteLogiQ could present a cost estimate for a Solar / Duel-fuel backup generator serving both City Hall campus buildings. (Attachment F) 293 As noted previously: Implementation of a Solar-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. DISCUSSION: On April 9, SitelogIQ conducted another site visit at both City Hall and the RHCA building. The purpose was to address constructability concerns and introduce additional suppliers / vendors to the potential project. Accompanying SitelogIQ were representatives from a roofing contractor, an electrical contractor, and a vendor representative for the proposed generator system. The roofing contractor assessed the current condition of the roof above the RHCA's garage and the attachment method for the Solar-PV system. They recommended inspecting the existing roofing tiles before installing the Solar-PV system and replacing them with a single product to maintain the integrity of the roof and reduce weight prior to adding the solar modules. The affected area is approximately 1,500 sq. ft. This recommendation incurs added costs not initially accounted for in earlier project budgets. The review of the electrical system yielded no significant changes to the project approach. The representative for the generator system evaluated alternative locations—near the City Hall building versus near the existing generator shed—and system capacities to meet the load requirements of the entire campus (City Hall + RHCA). The recommendation was to keep the generator at or adjacent to the shed to minimize electrical costs and reduce noise disturbances when in operation. This location will also provide better access for future maintenance. It was also noted that the Gas Company will need to upgrade the meter to handle the increased fuel requirements (Typically, at no additional cost to the project due to an upgraded service change). Following the site walk, the interested contractors provided updated budgetary pricing based on the recommendations. Implementation Budget Summary The following changes affect the cost budget: 1. Additional implementation budget to replace 1,500 sq. ft. of existing tile roof w/ shingles. (Affects Option B-1 and incorporated into Option B-2) 2. Updated to reflect a June 1st Notice to Proceed. (Primarily affects Option B-1 and 294 incorporated into Option B-2) 3. Additional cost budget (Option B-2) to create a whole campus solution that supports both buildings. (Included in Option B-2) Per above, the attached updated Distributed Energy Resource (DER) Options Matrix (Attachment A) has two revisions: 1. After meeting with the vendors and labors on April 9, the cost for the Original Option B (now B-1) increased by $27,000 (almost entirely driven by roofing additions) 2. Creation of Option B-2, which provides emergency generation for the entire campus (City Hall and the RHCA Building) Notes: 1. For the Option B-2, SitelogIQ is recommending a Kohler Generator over the previously presented Generac (Attachment C). The rating remains the same at 48kW, but the Kohler runs quieter and comes on-line faster. Maintenance cost for the Kohler is $1,000.00 per year (previously reported to be much higher). 2. SitelogIQ is also recommending increasing the propane storage to 360 gals. (From 300 gals.) 3. Option A (original proposed project) was not updated and no longer considered viable. 4. Option C depicts the addition of a dual-fuel emergency generator only and requires the City to pursue a more traditional RFQ/RFP process. SiteLogiQ could submit as part of any solicitation. Preliminary Proposed Project Schedule: SitelogIQ is working on the schedule to have the system constructed and functional by January 2025. The item with the longest procurement lead time is the duel-fuel generator at approximately 16 weeks. Assuming a June 1, 2025 Notice to Proceed, SitelogIQ would have the generator by November 4, 2024 (accounting for final engineering). By November 4, the Solar-PV should be installed, and underground work completed, leaving the installation of the generator, start-up, commissioning, and training for the last 7 weeks of the year. This schedule is probable, but it does require a prompt plan review and permitting process. Projected Timeline: Notice to Proceed: June 1, 2024 Final engineering Completed No Later than August 1, 2024 Plan Review & Permitting: August 1, 2024 – August 26, 2024 – Approx. 3 weeks Procurement: July 15, 2024 – November 4, 2024 – Approx. 16 weeks Installation: October 14, 2024 – December 2nd Start-up & Commissioning Early December Final Completion No Later Than December 31, 2024 As for requirements, renewable energy and emission mandates, along with the availability of funding through the Inflation Reduction Act, SitelogIQ encourages the City to proceed sooner rather than later with a solution involving solar photovoltaics. The previous and current mandates set goals for 2026, 2027, and 2030, which are divided between renewable energy and emission reduction requirements. 295 Based on Council feedback, staff recommends the City Council consider the whole campus Option B2 with a net-implementation budget and one-time capital cost investment of $358,400 (after the receipt of estimated IRA funding). The IRA funding would come to the City in 2025 after project completion which is estimated to be by the end of this calendar year. This would be treated as a reimbursement to the City after paying the total implementation budget of $478,000. FISCAL IMPACT: The total fiscal impact of the Option B2 project would be $358,400. At the June 12, 2023 City Council meeting, the FY 23-24 budget was approved, including an allocation of $250,000 to the City Hall campus back-up power project. SiteLogIQ's proforma assumes rebates of $119,600. This would leave the unfunded portion of the potential project at $108,400. RECOMMENDATION: Receive and file. Provide direction to staff and SiteLogIQ to bring the project presentation to the RHCA Board on May 2, 2024, before returning for a formal Public Hearing with the City Council at a special meeting between May 21 and May 31 after a 15-day Public Noticing requirement per Government Code. ATTACHMENTS: Attachment A- CL_AGN_240422_CC_SiteLogIQ_DER_OptionsMatrix.pdf Attachment B - CL_AGN_240422_CC_SiteLogIQ_SolarGenerator_PrelimSitePlan.pdf Attachment C - CL_AGN_240422_CC_KohlerGenerator_48RCLC_Specs.pdf Attachment D - CL_AGN_231214_CC_Item12A_SiteLogiQ_Solar_BatteryStorageProposal.pdf Attachment E - CL_AGN_240311_CC_Item13B_SiteLogiQ_CH- only_Solar_DFGeneratorProposal.pdf Attachment F - CL_AGN_240325_CC_Item12C_SiteLogiQ_CH- only_Solar_DFGeneratorProposal_rev.pdf 296 Option A: City Hall-only Solar-PV System Dual-Fuel Emergency Generator Energy Storage (Battery) Microgrid capable Option B-1: City Hall-only Solar-PV System Dual-Fuel Emergency Generator (NEW) Option B-2: Whole Campus Solar-PV System Dual-Fuel Emergency Generator Option C: City Hall-only Dual-Fuel Emergency Generator Program Budget Implementation Budget $605,000.00 $445,000.00 $478,000.00 $146,000.00 Delta/Change from March 6th n/a $27,000.00 n/a n/a Implementation Budget w/o emergency generator $459,000.00 $299,000.00 $299,000.00 n/a Utility Cost Avoidance Year 1 (12 months after installation) $13,735.05 $7,763.70 $7,763.70 n/a 30-year Annual Savings w/ utility cost escalation $912,540.89 $515,811.28 $515,811.28 n/a Funding Sources Inflation Reduction Act $183,600.00 $119,600.00 $119,600.00 n/a SCE: Microgrid Incentive Program n/a 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 (for Program Year 2024) n/a Net- Implementation Budget Implementation Budget after Incentives, Grants $421,400.00 $325,400.00 $358,400.00 n/a Implementation Budget after Incentives, Grants w/o emergency generator $275,400.00 $179,400.00 $179,400.00 n/a Economic Summary Payback term w/o utility cost escalation 30.7 years 41.9 years 46.2 years - Payback term w/ utility cost escalation 19 - 20 years 23 - 24 years 24 - 25 years - Payback term w/ utility cost escalation w/o emergency generator 14 - 15 years 15 - 16 years 15 - 16 years - City of Rolling Hills - Distributed Energy Resource (DER) Options Matrix April 15, 2024 297 298 Standard Features Model:48RCLC Multi-Fuel LPG/Natural Gas The generator set and its components are prototype-tested, factory-built, and production-tested. The generator set accepts rated load in one step. A premium 5-year/2000-hour limited warranty covers all systems and components. Quick-ship (QS) models with selected features are available. See your Kohler dealer for details. GFCI service outlet installed on the junction box. RDC2 Controller One digital controller manages both the generator set and transfer switch functions (with optional Model RXT ATS). Designed for today’s most sophisticated electronics. Electronic speed control responds quickly to changing demand. Digital voltage regulation protects your valuable electronics from harmonic distortion and unstable power quality. OnCue®Plus Generator Management System for remote monitoring is included with the generator. Engine Features Powerful and reliable Kohler 6.2L liquid-cooled engine Electronic engine management system. Simple field conversion between natural gas and LP vapor fuels while maintaining emission certification. (Optional dual fuel automatic changeover kit is available.) Innovative Cooling System Electronically controlled fan speeds minimize generator set sound signature. Approved for stationary standby applications in locations served by a reliable utility source. Certifications The 60 Hz generator set engine is certified by the Environmental Protection Agency (EPA) to conform to the New Source Performance Standard (NSPS) for stationary spark-ignited emissions. cUL/UL listing, CSA certification standard are available. Accepted by the Massachusetts Board of Registration of Plumbers and Gas Fitters. Meets NFPA 37 requirements for 18 in. offset for installation. The Kohler Advantage High Quality Power Kohler generators provide advanced voltage and frequency regulation along with ultra-low levels of harmonic distortion for excellent generator power quality to protect your valuable electronics. Fast Response Kohler’s Fast-Response X excitation system delivers excellent voltage response and short-circuit capability using a rare-earth permanent magnet (PM)-excited alternator. Quiet Operation Kohler home generators provide quiet, neighborhood- friendly performance. Premium 5-year/2000 hr Limited Warranty Included Kohler is known for extraordinary reliability and performance. Kohler’s premium limited warranty covers parts, labor, and travel for the full warranty period. Aluminum Enclosure Attractive aluminum enclosure allows installation as close as 18 inches from your home or small business. Optional 291 kph (181 mph) wind-load-rated enclosure door kit is available for field installation. G4-306 (48RCLC) 2/23b Generator Set Ratings Alternator Voltage Ph Hz Standby Ratings Standby Ratings Line Circuit Breaker Natural Gas LPG kW/kVA Amps kW/kVA Amps Amps Poles 4P7BX 120/240*1 60 44/44 184 44/44 184 —— 120/208 3 60 48/60 167 50/62 174 175 3 127/220* 3 60 48/60 158 50/62 165 — — 120/240 3 60 48/60 145 50/62 151 150 3 277/480 3 60 48/60 73 50/62 76 80 3 4Q7BX 120/240 1 60 48/48 200 48/48 200 200 2 * Voltage configuration not available from the factory. Field-adjustable by an authorized service technician. 50 Hz options are available. Contact your Customer Service representative. RATINGS: All three-phase units are rated at 0.8 power factor. All single-phase units are rated at 1.0 power factor.Standby Ratings:Standby ratings apply to installations served by a reliable utility source. The standby rating is applicable to varying loads for the duration of a power outage. There is no overload capability for this rating. Ratings are in accordance with ISO-8528-1 and ISO-3046-1. Obtain technical information bulletin TIB-101 for ratings guidelines, complete ratings definitions, and site condition derates. The generator set manufacturer reserves the right to change the design or specifications without notice and without any obligation or liability whatsoever. Availability is subject to change without notice. Contact your local Kohler generator dealer for availability. 299 G4-306 (48RCLC) 2/23b Alternator Specifications Specifications Alternator Manufacturer Kohler Type 4-Pole, Rotating Field Exciter type Brushless, Rare-Earth Permanent Magnet Leads: quantity, type 4Q7BX 4, 120/240 4P7BX 12, Reconnectable Voltage regulator Solid State, Volts/Hz Insulation:NEMA MG1 Material Class H Temperature rise 130 C, Standby Bearing: quantity, type 1, Sealed Coupling Flexible Disc Amortisseur windings Full Voltage regulation, no-load to full-load ±1.0% RMS Unbalanced load capability 100% of Rated Standby Current One-step load acceptance 100% of Rating Peak motor starting kVA:(35% dip for voltages below) 480 V, 400 V 4P7BX (12 lead) 180 (60 Hz) 240 V 4Q7BX (4 lead) 113 (60 Hz) The unique Fast-Response X excitation system delivers excellent voltage response and short-circuit capability using a rare-earth, permanent magnet (PM)-excited alternator. Brushless, rotating-field alternator. NEMA MG1, IEEE, and ANSI standards compliance for temperature rise and motor starting. Sustained short-circuit current of up to 300% of the rated current for up to 10 seconds. Sustained short-circuit current enabling downstream circuit breakers to trip without collapsing the alternator field. Self-ventilated and dripproof construction. Windings are vacuum-impregnated with epoxy varnish for dependability and long life. Superior voltage waveform from a two-thirds pitch stator and skewed rotor. Total harmonic distortion (THD) from no load to full load with a linear load is less than 4%. Application Data Engine Engine Specifications 60 Hz Manufacturer Kohler Engine: model, type KG6208 6.2L Natural Aspiration Cylinder arrangement V-8 Rated rpm 1800 Displacement, L (cu. in.)6.2 (378) Bore and stroke, mm (in.)101.6 x 95.25 (4.00 x 3.75) Compression ratio 10.5:1 Max. power at rated rpm, kW (HP)77.0 (103) Cylinder head material Cast Aluminum Piston type and material High Silicon Aluminum Crankshaft material Cast Iron Valve (exhaust) material Forged Steel Governor type Electronic Frequency regulation, no-load to full-load Isochronous Frequency regulation, steady state ±1.0% Frequency Fixed Air cleaner type Dry Engine Electrical Engine Electrical System Ignition system Electronic Battery charging alternator: Ground (negative/positive)Negative Volts (DC)12 Ampere rating 130 Starter motor rated voltage (DC)12 Battery, recommended cold cranking amps (CCA): Qty., rating for -18 C (0°F)One, 630 Battery voltage (DC)12 Battery group size 24 Exhaust Exhaust System 60 Hz Exhaust manifold type Dry Exhaust flow at rated kW, m 3/min. (cfm)16.4 (580) Exhaust temperature at rated kW, dry exhaust,C (F)649 (1200) Maximum allowable back pressure, kPa (in. Hg)10.2 (3.0) Exhaust outlet size at engine hookup, mm (in.)76 (3.0) OD Fuel Fuel System Fuel type LP Gas or Natural Gas Fuel supply line inlet 1 in. NPT Natural gas fuel supply pressure, kPa (in. H2O)1.2-2.7 (5-11) LPG vapor withdrawal fuel supply pressure, kPa (in. H2O)1.2-2.7 (5-11) Fuel Composition Limits *Nat. Gas LP Gas Methane, % by volume 92 min.— Ethane, % by volume 4.5 max. — Propane, % by volume 1.0 max. 87 min. Propene, % by volume 0.1 max. 5.0 max. C4 and higher, % by volume 0.3 max. 2.5 max. Sulfur, ppm mass 25 max. Lower heating value, MJ/m3 (Btu/ft3), min.33.2 (890) 84.2 (2260) * Fuels with other compositions may be acceptable. If your fuel is outside the listed specifications, contact your local distributor for further analysis and advice. Lubrication Lubricating System Type Full Pressure Oil pan capacity, L (qt.)5.7 (6.0) Oil pan capacity with filter, L (qt.)7.1 (7.5) Oil filter: quantity, type 1, Cartridge 300 G4-306 (48RCLC) 2/23b Application Data Cooling Radiator System 60 Hz Ambient temperature,C (F)45 (113) Radiator system capacity, including engine, L (gal.)21.3 (5.6) Engine jacket water flow, Lpm (gpm) 131 (34.6) Heat rejected to cooling water at rated kW, dry exhaust, kW (Btu/min.)48 (2730) Water pump type Centrifugal Fan diameter, mm (in.)qty. 3 @ 356 (14) Fan power requirements (powered by engine battery charging alternator)12VDC, 18 amps each Operation Requirements* Air Requirements 60 Hz Radiator-cooled cooling air, m3/min. (scfm)62.2 (2200) Air over engine, m 3/min. (cfm)31.1 (1100) Combustion air, m 3/min. (cfm)5.5 (195) Air density = 1.20 kg/m 3 (0.075 lbm/ft 3) Fuel Consumption Natural Gas, m 3/hr. (cfh) at % load 60 Hz 100%24.8 (875) 75%20.3 (717) 50%14.5 (512) 25%8.7 (307) LP Gas,at %load 60 Hz m3/hr. (cfh)Gal/hr. 100%9.3 (329)9.0 75%6.5 (231) 6.3 50%4.9 (172) 4.7 25%3.1 (110) 3.0 Nominal Fuel Rating: Natural gas, 37 MJ/m 3 (1000 Btu/ft 3) LP Vapor, 93 MJ/m 3 (2500 Btu/ft 3) LP vapor conversion factors: 8.58 ft. 3 = 1 lb. 0.535 m 3 = 1 kg. 36.39 ft. 3 = 1 gal. *50 Hz Operation Requirements are available upon request. Sound Enclosure Features Sound-attenuating enclosure uses acoustic insulation that meets UL 94 HF1 flammability classification and repels moisture absorption. Internally mounted critical silencer. Skid-mounted, aluminum construction with two removable access panels. Scratch- and corrosion-resistant Kohler cashmere powder-baked finish. Sound Data Model 48RCLC sound levels are 61 dB(A) during engine exercise and 61 dB(A) during normal operation.* All sound levels are measured at a distance of 23 ft. (7 m) from the generator set.. * Lowestof8pointsmeasuredaroundthegenerator.Soundlevelsatother pointsaroundgeneratormayvarydependingoninstallationparameters. RDC2 Controller Voltage: 240 V Freq: 60.0 Hz The RDC2 controller provides integrated control for the generator set, Kohler Model RXT transfer switch, programmable interface module (PIM), and load shed kit. The RDC2 controller’s 2-line LCD screen displays status messages and system settings that are clear and easy to read, even in direct sunlight or low light. RDC2 Controller Features Membrane keypad: OFF, AUTO, and RUN pushbuttons Select and arrow buttons for access to system configuration and adjustment menus LED indicators for OFF, AUTO, and RUN modes LED indicators for utility power and generator set source availability and ATS position (Model RXT transfer switch required) LCD screen: Two lines x 16 characters per line Backlit display with adjustable contrast for excellent visibility in all lighting conditions Scrolling system status display Generator set status Voltage and frequency Engine temperature Oil pressure Battery voltage Engine runtime hours Date and time displays Smart engine cooldown senses engine temperature Digital isochronous governor to maintain steady-state speed at all loads Digital voltage regulation:±1.0% RMS no-load to full-load Automatic start with programmed cranking cycle Programmable exerciser can be set to start automatically on any future day and time, and to run every week or every two weeks Exercise modes Unloaded exercise with complete system diagnostics Unloaded full-speed exercise Loaded full-speed exercise (Model RXT ATS required) Front-access mini USB connector for SiteTech connection Integral Ethernet connector for Kohler OnCue Plus Built-in 2.5 amp battery charger Remote two-wire start/stop capability for optional connection of a Model RDT transfer switch See additional controller features on the next page. 301 Overall Size, L x W x H, mm (in.):2280 x 836 x 1182 (89.8 x 32.9 x 46.5) Shipping Weight, wet, kg (lb.):767 (1690) Weight includes generator set with engine fluids and 4Q7BX alternator, sound enclosure, and silencer. 2021 Kohler Co. All rights reserved. DISTRIBUTED BY: Dimensions and Weights NOTE: This drawing is provided for reference only and should not be used for planning installation. Contact your local dealer for more detailed information. H W L G4-306 (48RCLC) 2/23b Additional RDC2 Controller Features Diagnostic messages Displays diagnostic messages for the engine, generator, Model RXT transfer switch, programmable interface module (PIM), and load shed kit Over 70 diagnostic messages can be displayed Maintenance reminders System settings System voltage, frequency, and phase Voltage adjustment Measurement system, English or metric ATS status (Model RXT ATS required) Source availability ATS position (normal/utility or emergency/generator) Source voltage and frequency ATS control (Model RXT ATS required) Source voltage and frequency settings Engine start time delay Transfer time delays Fixed pickup and dropout settings Voltage calibration Programmable Interface Module (PIM) status displays Input status (active/inactive) Output status (active/inactive) Load control menus Load status Test function Generator Set Standard Features Aluminum sound enclosure with enclosed silencer Battery rack and cables Coolant in generator cUL/UL 2200 listed, CSA certified Electronic, isochronous governor Engine-generator set is designed and manufactured in facilities certified to ISO:9001. Flexible fuel line Gas fuel system (includes fuel mixer, electronic secondary gas regulator, two gas solenoid valves, and flexible fuel line between the engine and the skid-mounted fuel system components) GFCI service outlet (120/240 V) for customer connections Integral vibration isolation Line circuit breaker NEC prime mover shutdown switch Oil drain extension OnCue Plus for remote monitoring Operation and installation literature RDC2 controller with built-in battery charger Standard 5-year/2000-hour premium warranty Available Options Electrical System Battery Battery Heater OnCue®Plus Wireless Radio Kit Available Options (continued) Fuel System Dual Fuel Automatic Changeover Kit with Reset Box Enclosure Option 291 kph (181 mph) Wind Load Rated Enclosure Starting Aids Block Heater, 1500 W, 120 V* Block Heater, 1500 W, 240 V * Single phase QS available with factory installed block heater Recommended for ambient temperatures below 0°C (32°F) Controller Accessories Lockable Enclosure or Remote Mount Emergency Stop (lockout/tagout) Programmable Interface Module (PIM) (provides 2 digital inputs and 6 relay outputs) Automatic Transfer Switches and Accessories Model RXT Automatic Transfer Switch with Combined Interface/ Load Management Board Model RDT Automatic Transfer Switch Load Shed Kit for RDT or RXT Power Relay Modules (use up to 4 relay modules for each load management device) Other Kohler ATS Miscellaneous Maintenance Kit (includes air filter, oil, oil filter, and spark plugs) Literature General Maintenance Literature Kit Overhaul Literature Kit Production Literature Kit Warranty Extended 7-Year/2000 Hour Premium Limited Warranty Extended 10-Year/2000 Hour Premium Limited Warranty KOHLER CO., Kohler, Wisconsin 53044 USA Phone 920-457-4441, Fax 920-459-1646 For the nearest sales and service outlet in the US and Canada, phone 1-800-544-2444 KOHLERPower.com 302 Agenda Item No.: 12.A Mtg. Date: 12/14/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:RECEIVE AND FILE AN UPDATE FROM SITELOGIQ REGARDING THE BATTERY ENERGY STORAGE AND SOLAR PHOTOVOLTAIC PROJECT FOR THE CITY HALL CAMPUS BACK-UP POWER / RESILIENCY AND TIMELINE TOWARDS A PUBLIC HEARING DATE:December 14, 2023 BACKGROUND: A diesel back-up power generator served the City Hall campus for many years, but the unit became inoperable in 2019. In late 2020, the City Council commissioned professional expertise to offer options for providing reliable back-up power to the City Hall campus, including the Rolling Hills Community Association (RHCA) building and operations. Between October 2020 and March 2023, the City Council reviewed options provided by a professional architectural and engineering team working on the City Hall ADA project. In 2021, the architectural and engineering team provided a solar panel and battery back-up solution with estimated installation costs, based on the following requirements, to be approximately $250,000: Current City Hall campus demand based on electric bills for 2020/2021 Supply 24 hours of backup power 16 kWh battery backup 75 kW Solar Photovoltaic system The City Council subsequently assigned further exploration to the RHCA. After some time, the RHCA requested city staff take back ownership of a project, whereupon City staff brought it to the City Council. On March 27, 2023, the City Council directed staff to explore the solar/battery back-up power option. With this direction, city staff could approach the project conventionally by preparing an engineering design and advertising for construction bids or considering other alternatives as presented to the former City Manager. On April 24, 2023, at the invitation of the former City Manager, SitelogIQ, an energy solutions 1303 company, presented an alternate approach to delivering the solar/battery backup power solution to the City Council. SitelogIQ is a licensed General Contractor delivering energy infrastructure programs for State and local governments. SitelogIQ discussed available funds from the Federal government, including the Inflation Reduction Act (IRA) that could offset local government expenditures on energy projects. Such projects involve the installation or modification of improvements to an energy-efficient or renewable energy system. Via the IRA, the Federal government allows the city to obtain a federal tax credit in the form of a direct payment (i.e., rebate) for energy storage (battery), electrical infrastructure, solar, and microgrid controllers. The rebate could be as high as 30% of the project cost, provided the project is completed within a specific timeframe. In the previous four years, City staff had many successes securing grant funds or other fund sources to offset the use of the General Fund for city projects. To move forward and execute a backup power project, the City Council was presented with two options: 1) to set aside a projected budget surplus or 2) use savings from the General Fund Reserves. In the SitelogIQ approach, the City could potentially save on design engineering costs by solely sourcing the project to SitelogIQ, thereby offsetting General Fund expenditures with SitelogIQ assisting the City in utilizing the Federal government's IRA rebate. In May 2023, SitelogIQ provided City staff with a Letter of Agreement (LOA) for consideration. The LOA outlined SitelogIQ's scope of services to develop an energy project that satisfies the city's requirements for a design/engineering cost of $28,500. If the city ultimately chooses to enter into a contract with SitelogIQ for project implementation within 60 days after receiving a formal presentation of the proposed project, SitelogIQ's design and engineering fee would be waived. Beyond the aforementioned 60 days, the fee paid would be credited toward the project's total implementation cost. Per SitelogIQ, the California Government Code 4217.10 provides the ability for public agencies to sole source the project delivery to SitelogIQ as long as the requirements of the code section are met. Given the past year's staff vacancies, the lack of technical expertise on energy projects, the current workload to deliver the CalOES/FEMA Hazard Mitigation Program grants, and the possibility to offset General Fund expenditures for the backup power project, staff recommended at the June 12, 2023 City Council meeting, the City Council accepted staff's recommendation and directed staff to engage the services of SitelogIQ. On June 26, 2023, the City Council approved a Professional Services Agreement with SitelogIQ. DISCUSSION: On April 24, 2023, City staff and SitelogIQ provided a preliminary presentation to the Council on the battery energy storage and solar photovoltaic project. The Council approved SitelogiQ to work with staff under a Professional Services Agreement towards the development of a comprehensive project. Over the summer and fall of 2023, SitelogIQ conducted an initial site walk to determine the scope and scale of the program. Their work has included the following: 2304 Compiled utility tariff and reviewed historical utility usage/bill analysis for the City Hall campus / tennis courts; Modeled future use and operation of a distributed energy resource composed of solar photovoltaic and battery energy storage and performance using industry-leading software platform, Energy Toolbase; Evaluated/selected products and equipment. The electrical load and service voltage limited SitelogIQ to four primary products/manufacturers. These were benchmarked against each other, with the selected product meeting the following criteria: cost, efficiency, and application; Hosted contractors on-site to walk through the scope and existing conditions. Validated equipment, material quotes, and labor bids; Developed cashflow and identified funding pathways; Met with City staff to review preliminary project scope; Conducted internal review to identify risks and challenges; Reviewed the application process for the IRA and calculated the “elective pay” tax incentive based on total eligible costs SitelogIQ's project team has developed a comprehensive scope of work around resiliency that provides a turn-key design-build solution to the City. They compiled a 20-year program cash flow incorporating ongoing maintenance and operations that was reviewed by the former Interim City Manager and current City Manager / staff. Attached are an updated presentation and proformas. Included are a utility summary and two program financial options: Option 1 – Cash deal for the entire scope of work Option 2 (No EV) – Cash deal for a scope of work without EV Charging SiteLogIQ is also exploring a Power Purchase Agreement (PPA) for the entire project. If that exploration provides a positive option for consideration, SiteLogIQ will provide those numbers to the Council at a future Public Hearing. If the City Council chooses to continue moving forward, staff will bring this item to the Planning Commission on December 19, 2023 and at a Rolling Hills Community Association Board meeting in late December or January. FISCAL IMPACT: The total fiscal impact of the project would be $685,000. At the June 12, 2023 City Council meeting, the FY 2023-2024 budget was approved, including an allocation of $250,000 to the City Hall campus back-up power project. SiteLogIQ's proforma assumes rebates of up to $213,836. This would leave the unfunded portion of the potential project at $221,164. RECOMMENDATION: Receive and file, provide direction to staff and SiteLogIQ to bring the project presentation to the Planning Commission and RHCA Board before returning for a formal Public Hearing with the City Council. ATTACHMENTS: CL_AGN_231214_CC_SiteLogiQ_SolarBattery_Presentation.pdf 3305 CL_AGN_231214_CC_SiteLogiQ_SolarBattery_ProgramProForma.pdf 4306 City of Rolling Hills Renewable & Reliency February 28, 2023 City of Rolling Hills Resiliency & Energy Interdependency 5307 Proprietary and ConfidentialProprietary and Confidential PROGRAM OBJECTIVES SCOPE OF WORK UTILITY SUMMARY PROGRAM FINANCIALS –OPTION 1 PROGRAM FINANCIALS –OPTION 2 (NO EV) PATHWAY TO IMPLEMENTATION 2 6308 Proprietary and Confidential PROGRAM OBJECTIVES 3 Safety: Back-up power, battery energy storage Resiliency: Withstand & rapidly recover from power outages Invest: Renewable Power Budget: Reduce SCE utility cost Future: EV Charging Network Community Awareness: Complement on-going initiatives Public Leadership: Ribbon cutting ceremony & awards 7309 Proprietary and Confidential SCOPE OF WORK 4 City Campus •Solar Photovoltaic •Roof top Solar –27kW •Battery Energy Storage •Microgrid Controller •Electric Vehicle Charging •(1) Dual Port Level 2 8310 Proprietary and Confidential UTILITY SUMMARY 0 5 10 15 20 25 Category 1 Utility Cost ($ x 1,000) Current Proposed 5 0 10 20 30 40 50 60 Category 1 Utility Usage (kWh x 1,000) Current Proposed Proposed is equal to today’s SCE rates 9311 Proprietary and Confidential PROGRAM FINANCIALS –OPTION 1 6 Project Implementation Value $682,120 Year 1 SCE Utility Cost Savings $13,081 30-year Overall Electricity Cost Avoidance $869,097 Potential 10-year EV Charging Revenue $37,734 EV Utility Incentive $9,200 IRA –Investment Tax Credit (Direct Pay)$204,636 30-year Program Savings $1,142,066 Simple Payback 15.5 Years 10312 Proprietary and Confidential PROGRAM FINANCIALS –OPTION 2 (NO EV) 7 Project Implementation Value $607,120 Year 1 SCE Utility Cost Savings $13,081 30-year Overall Electricity Cost Avoidance $869,097 IRA –Investment Tax Credit (Direct Pay)$182,136 30-year Program Savings $911,042 Simple Payback 13.5 Years 11313 Proprietary and Confidential Planning Commission & RHCA Review City Council Meeting Public Hearing Contract Execution/ Notice to Proceed Groundbreaking Ceremony ROADMAP TO IMPLEMENTATION 8 November – December 2023 12/13/23 01/12/24 March 2024 12314 Thank You Josh Steeber Local Government Relations Executive M 949.432.0689 E josh.steeber@sitelogiq.com Jonathan Brown Senior Director M 626.676.8601 E Jonathan.brown@sitelogiq.com 13315 Proprietary & Confidential $682,120 $204,636 $9,200 Solar PV Rooftop $213,836 Energy Storage EV Charger System Utility Escalation:5.00% 2 3 4 5 Year Utility Cost Avoidance Facility Replacement Cost Savings Incentives, Grants & Rebates EV Charging Revenue Maintenance Services Energy Management Services Program Savings Cumulative Savings 1 $13,081 $204,636 $3,000 ($2,250)↓ optional ↓$218,467 - 2 $13,735 $9,200 $3,150 ($2,340)$23,745 $242,212 3 $14,422 $3,308 ($2,434)$15,296 $257,509 4 $15,143 $3,473 ($2,531)$16,085 $273,594 5 $15,900 $3,647 ($2,632)$16,915 $290,509 6 $16,695 $3,829 ($6,237)$14,287 $304,796 7 $17,530 $4,020 ($2,847)$18,703 $323,499 8 $18,407 $4,221 ($2,961)$19,667 $343,165 9 $19,327 $4,432 ($3,079)$20,680 $363,845 10 $20,293 $4,654 ($3,202)$21,745 $385,590 11 $21,308 $4,887 ($3,331)$22,864 $408,454 12 $22,373 $5,131 ($6,964)$20,540 $428,994 13 $23,492 $5,388 ($3,602)$25,278 $454,272 14 $24,666 $5,657 ($3,746)$26,577 $480,849 15 $25,900 $5,940 ($3,896)$27,944 $508,793 16 $27,195 $6,237 ($4,052)$29,380 $538,172 17 $28,555 $6,549 ($4,214)$30,889 $569,062 18 $29,982 $6,876 ($4,383)$32,475 $601,537 19 $31,481 $7,220 ($8,058)$30,643 $632,180 20 $33,055 $7,581 ($4,740)$35,896 $668,076 21 $34,708 $7,960 ($4,930)$37,738 $705,815 22 $36,444 $8,358 ($5,127)$39,674 $745,489 23 $38,266 $8,776 ($5,332)$41,709 $787,199 24 $40,179 $9,215 ($5,546)$43,848 $831,047 25 $42,188 $9,676 ($9,267)$42,597 $873,644 26 $44,297 $10,160 ($5,998)$48,459 $922,103 27 $46,512 $10,668 ($6,238)$50,942 $973,045 28 $48,838 $11,201 ($6,488)$53,551 $1,026,597 29 $51,280 $11,761 ($6,747)$56,294 $1,082,890 30 $53,844 $12,349 ($7,017)$59,176 $1,142,066 Totals $869,097 -$213,836 $199,324 ($140,191)-$1,142,066 - Notes By Column: (1)Fiscal year after project completion with an anticipated NTP in December 2023. (2)Utility Cost Avoidance - Utility cost escalated at 5% per year. (3)Facility Replacement Cost Savings. [PLACEHOLDER] (4)Incentives, Grants & Rebates: EV Charging Grants and SGIP (Self-Generation Incentive Program). (5)Revenue from EV Charging. Utility Cost to Revenue Charge difference of $0.12 per kWh. (6)Operation and Maintenance cost to maintain the Solar-PV systems. (7)Energy Management (MySiteIQ). [Optional] (8)Total Program Savings; sum of Columns (2) through (7). (9)Cumulative Savings. --D R A F T-- Financial Proforma Renewable Energy Resiliency Program November 13, 2023 Program Implementation Cost:Program Scope of Work: 918 Inflation Reduction Act Rebate (Year 1): Utility Incentive (Year 2): Program Savings & Contributions 6 7 Includes turn-key design, engineering, permitting, procurement, project/construction management, safety, and utility and site coordination, etc.:Additional Funding Sources 14316 Proprietary & Confidential $607,120 $182,136 -Solar PV Rooftop $182,136 Energy Storage EV Charger System Utility Escalation:5.00% 2 3 4 5 Year Utility Cost Avoidance Facility Replacement Cost Savings Incentives, Grants & Rebates EV Charging Revenue Maintenance Services Energy Management Services Lease Payment Program Savings Cumulative Savings 1 $13,081 $182,136 ($2,250)↓ optional ↓$192,967 - 2 $13,735 ($2,340)$11,395 $204,362 3 $14,422 ($2,434)$11,988 $216,351 4 $15,143 ($2,531)$12,612 $228,963 5 $15,900 ($2,632)$13,268 $242,231 6 $16,695 ($6,237)$10,458 $252,689 7 $17,530 ($2,847)$14,683 $267,372 8 $18,407 ($2,961)$15,446 $282,817 9 $19,327 ($3,079)$16,248 $299,065 10 $20,293 ($3,202)$17,091 $316,156 11 $21,308 ($3,331)$17,977 $334,133 12 $22,373 ($6,964)$15,409 $349,542 13 $23,492 ($3,602)$19,890 $369,432 14 $24,666 ($3,746)$20,920 $390,352 15 $25,900 ($3,896)$22,004 $412,356 16 $27,195 ($4,052)$23,143 $435,498 17 $28,555 ($4,214)$24,340 $459,839 18 $29,982 ($4,383)$25,599 $485,438 19 $31,481 ($8,058)$23,423 $508,861 20 $33,055 ($4,740)$28,315 $537,176 21 $34,708 ($4,930)$29,778 $566,955 22 $36,444 ($5,127)$31,316 $598,271 23 $38,266 ($5,332)$32,933 $631,205 24 $40,179 ($5,546)$34,633 $665,838 25 $42,188 ($9,267)$32,921 $698,759 26 $44,297 ($5,998)$38,299 $737,058 27 $46,512 ($6,238)$40,274 $777,332 28 $48,838 ($6,488)$42,350 $819,683 29 $51,280 ($6,747)$44,533 $864,215 30 $53,844 ($7,017)$46,827 $911,042 Totals $869,097 -$182,136 $0 ($140,191)-$0 $911,042 - Notes By Column: (1)Fiscal year after project completion with an anticipated NTP in December 2023. (2)Utility Cost Avoidance - Utility cost escalated at 5% per year. (3)Facility Replacement Cost Savings. [PLACEHOLDER] (4)Incentives, Grants & Rebates: EV Charging Grants and SGIP (Self-Generation Incentive Program). (5)Revenue from EV Charging. Utility Cost to Revenue Charge difference of $0.12 per kWh. (6)Operation and Maintenance cost to maintain the Solar-PV systems. (7)Energy Management (MySiteIQ). [Optional] (8)Total Program Savings; sum of Columns (2) through (7). (9)Cumulative Savings. 9 108 Utility Incentive (Year 2): 1 Program Savings & Contributions 6 7 --D R A F T-- Financial Proforma Renewable Energy Resiliency Program November 13, 2023 Program Implementation Cost:Program Scope of Work: Includes turn-key design, engineering, permitting, procurement, project/construction management, safety, and utility and site coordination, etc.:Additional Funding Sources Inflation Reduction Act Rebate (Year 1): 15317 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 1318 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 2319 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 3320 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 4321 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 5322 Agenda Item No.: 12.C Mtg. Date: 03/25/2024 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 25, 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 1323 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 2324 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 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. On March 11, 2024, City staff presented that since December 2023, SiteLogiQ had 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; Removed the energy storage system; Introduced a dual-fuel energy generator 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 shows 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. Option C would require the City to pursue a more traditional RFQ/RFP process. SiteLogiQ could submit as part of any solicitation. As noted during the meeting SiteLogiQ anticipates potential downward movement in the proposed program budget once they understand the final scope, schedule and contract terms. 3325 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. The City Council requested that SiteLogiQ provide specific schematics and bottom-line costs for both Option B (Photovoltaic Solar System with dual-fuel backup generator) and Option C (dual-fuel backup generator only) at the March 25, 2024 Council meeting. DISCUSSION: At the March 11, 2024 City Council meeting, the Council had a variety of questions and requested additional information. Staff has attached spec sheets for the various components and is providing a list of questions and answers below. SOLAR / PHOTOVOLTAIC SYSTEM: What is the overall output proposed? Does the 27kw provide the correct amount of power to both buildings? 27 kW. The solar is sized towards optimizing the economic return. This will provide power to both buildings as they are interconnected by one meter. What is the realistic typical lifespan on the panels / inverter? Modules (panels): 25-30 years. Inverters 8-12 years. What is the typical maintenance cost estimations over lifespan? Approximately, $40K to $50K for 30-years. Panel washing should be closer to $400 per year but not needed for every year. Will the City be able to utilize Net Energy Metering (NEM) to provide credits towards the Tennis Courts electricity bill based on over-production at City Hall? Yes. SiteLogiQ will file an interconnection application under the current NEM 3.0 program DUEL-FUEL BACKUP GENERATOR SYSTEM: Does the generator automatically switchover during loss of power? Yes Where would the generator and propane tank be installed? Outside the shed and above ground for both. What size is the generator / propane tank? 4326 48kW / 300-gallon tank (4'x8'). Propane tank, in the event of an emergency where natural gas is unavailable, can provide 3-5 days of full operation and should be more than sufficient to meet the requirements for a fully supported City Hall/EOC facility What is the realistic typical lifespan? Lifespan depends on maintenance and operation. Assuming low usage and proper maintenance the lifespan is likely 12+ year. Annual maintenance should suffice and would include electrical system review, air filter, coolant / oil checks and changes. What is the typical maintenance cost estimations over lifespan? Assuming backup generator is rarely used, estimate $15K to $27K Will the model be South Coast Air Quality Management District compliant? Yes 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 treated as a reimbursement to the City after paying the total implementation budget of $418,000. FISCAL IMPACT: The total fiscal impact of the Option B 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 RHCA Board before returning for a formal Public Hearing with the City Council. ATTACHMENTS: CL_AGN_240311_CC_SiteLogiQ_DER_OptionsMatrix.pdf CL_AGN_240325_CC_SiteLogiQ_CanadianSolarModule.pdf CL_AGN_240325_CC_SiteLogiQ_SolarEdgeInverter.pdf CL_AGN_240325_CC_SiteLogiQ_IronRidgeRackingSystem.pdf CL_AGN_240325_CC_SiteLogiQ_Generac_ProtectoSeriesModel_RG048.pdf CL_AGN_240325_CC_SiteLogiQ_Generac_48-80kw_BackupGeneratorSS.pdf 5327 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 6328 520 W ~ 550 W CSI Solar Co., Ltd. is committed to providing high quality solar photovoltaic modules, solar energy and battery storage solu- tions to customers. The company was recognized as the No. 1 module supplier for quality and performance/price ratio in the IHS Module Customer Insight Survey. Over the past 20 years, it has successfully delivered over 63 GW of premium-quality solar modules across the world. CS6W-520|525|530|535|540|545|550MB-AG MORE POWER MORE RELIABLE Comprehensive LID / LeTID mitigation technology, up to 50% lower degradation Module power up to 550 W Module efficiency up to 21.4 %550 W Minimizes micro-crack impacts * For detailed information, please refer to the Installation Manual. Heavy snow load up to 5400 Pa, wind load up to 2400 Pa* Better shading tolerance 30 12Years Years BiHiKu6 BIFACIAL MONO PERC FRONT BACK Compatible with mainstream trackers, cost effective product for utility power plant Up to 12.3 % lower LCOE Up to 5.2 % lower system cost CSI Solar Co., Ltd. 199 Lushan Road, SND, Suzhou, Jiangsu, China, 215129, www.csisolar.com, support@csisolar.com PRODUCT CERTIFICATES* ISO 9001:2015 / Quality management system ISO 14001:2015 / Standards for environmental management system ISO 45001: 2018 / International standards for occupational health & safety MANAGEMENT SYSTEM CERTIFICATES* * The specific certificates applicable to different module types and markets will vary, and therefore not all of the certifications listed herein will simultaneously apply to the products you order or use. Please contact your local Canadian Solar sales representative to confirm the specific certificates available for your Product and applicable in the regions in which the products will be used. *According to the applicable Canadian Solar Limited Warranty Statement. Enhanced Product Warranty on Materials and Workmanship* Linear Power Performance Warranty* 1st year power degradation no more than 2% Subsequent annual power degradation no more than 0.45% IEC 61215 / IEC 61730 / CE / INMETRO / MCS / UKCA CEC listed (US California) UL 61730 / IEC 61701 / IEC 62716 / IEC 60068-2-68 Take-e-way 7329 PARTNER SECTION ELECTRICAL DATA | STC* Nominal Max. Power (Pmax) Opt. Operating Voltage (Vmp) Opt. Operating Current (Imp) Open Circuit Voltage (Voc) Short Circuit Current (Isc) Module Efficiency CS6W-520MB-AG 520 W 40.5 V 12.84 A 48.4 V 13.70 A 20.2% Bifacial Gain** 5%546 W 40.5 V 13.48 A 48.4 V 14.39 A 21.2% 10%572 W 40.5 V 14.12 A 48.4 V 15.07 A 22.3% 20%624 W 40.5 V 15.41 A 48.4 V 16.44 A 24.3% CS6W-525MB-AG 525 W 40.7 V 12.90 A 48.6 V 13.75 A 20.4% Bifacial Gain** 5%551 W 40.7 V 13.55 A 48.6 V 14.44 A 21.4% 10%578 W 40.7 V 14.21 A 48.6 V 15.13 A 22.5% 20%630 W 40.7 V 15.48 A 48.6 V 16.50 A 24.5% CS6W-530MB-AG 530 W 40.9 V 12.96 A 48.8 V 13.80 A 20.6% Bifacial Gain** 5%557 W 40.9 V 13.62 A 48.8 V 14.49 A 21.7% 10%583 W 40.9 V 14.26 A 48.8 V 15.18 A 22.7% 20%636 W 40.9 V 15.55 A 48.8 V 16.56 A 24.8% CS6W-535MB-AG 535 W 41.1 V 13.02 A 49.0 V 13.85 A 20.8% Bifacial Gain** 5%562 W 41.1 V 13.68 A 49.0 V 14.54 A 21.9% 10%589 W 41.1 V 14.34 A 49.0 V 15.24 A 22.9% 20%642 W 41.1 V 15.62 A 49.0 V 16.62 A 25.0% CS6W-540MB-AG 540 W 41.3 V 13.08 A 49.2 V 13.90 A 21.0% Bifacial Gain** 5%567 W 41.3 V 13.73 A 49.2 V 14.60 A 22.1% 10%594 W 41.3 V 14.39 A 49.2 V 15.29 A 23.1% 20%648 W 41.3 V 15.70 A 49.2 V 16.68 A 25.2% CS6W-545MB-AG 545 W 41.5 V 13.14 A 49.4 V 13.95 A 21.2% Bifacial Gain** 5%572 W 41.5 V 13.80 A 49.4 V 14.65 A 22.3% 10%600 W 41.5 V 14.46 A 49.4 V 15.35 A 23.3% 20%654 W 41.5 V 15.77 A 49.4 V 16.74 A 25.5% CS6W-550MB-AG 550 W 41.7 V 13.20 A 49.6 V 14.00 A 21.4% Bifacial Gain** 5%578 W 41.7 V 13.87 A 49.6 V 14.70 A 22.5% 10%605 W 41.7 V 14.52 A 49.6 V 15.40 A 23.5% 20%660 W 41.7 V 15.84 A 49.6 V 16.80 A 25.7% * Under Standard Test Conditions (STC) of irradiance of 1000 W/m2, spectrum AM 1.5 and cell tempe- rature of 25°C. ** Bifacial Gain: The additional gain from the back side compared to the power of the front side at the standard test condition. It depends on mounting (structure, height, tilt angle etc.) and albedo of the ground. ENGINEERING DRAWING (mm) Rear View CSI Solar Co., Ltd. 199 Lushan Road, SND, Suzhou, Jiangsu, China, 215129, www.csisolar.com, support@csisolar.com ELECTRICAL DATA | NMOT* Nominal Max. Power (Pmax) Opt. Operating Voltage (Vmp) Opt. Operating Current (Imp) Open Circuit Voltage (Voc) Short Circuit Current (Isc) CS6W-520MB-AG 390 W 38.0 V 10.27 A 45.7 V 11.05 A CS6W-525MB-AG 394 W 38.2 V 10.32 A 45.9 V 11.09 A CS6W-530MB-AG 397 W 38.3 V 10.38 A 46.1 V 11.13 A CS6W-535MB-AG 401 W 38.5 V 10.42 A 46.3 V 11.17 A CS6W-540MB-AG 405 W 38.7 V 10.47 A 46.5 V 11.21 A CS6W-545MB-AG 409 W 38.9 V 10.52 A 46.7 V 11.25 A CS6W-550MB-AG 412 W 39.1 V 10.55 A 46.9 V 11.29 A * Under Nominal Module Operating Temperature (NMOT), irradiance of 800 W/m2, spectrum AM 1.5, ambient temperature 20°C, wind speed 1 m/s.3523 Mounting Hole CS6W-530MB-AG / I-V CURVES 710 R 914 R ELECTRICAL DATA Operating Temperature -40°C ~ +85°C Max. System Voltage 1500 V (IEC/UL) or 1000 V (IEC/UL) Module Fire Performance TYPE 29 (UL 61730) or CLASS C (IEC61730) Max. Series Fuse Rating 30 A Application Classification Class A Power Tolerance Power Bifaciality*70 % * Power Bifaciality = Pmaxrear / Pmaxfront, both Pmaxrear and Pmaxfront are tested under STC, Bifaciality Tolerance: ± 5 % MECHANICAL DATA Specification Data Cell Type Mono-crystalline Cell Arrangement 144 [2 x (12 x 6) ] Dimensions 2266 ˣ 1134 ˣ 35 mm (89.2 ˣ 44.6 ˣ 1.38 in) Weight 32.2 kg (71.0 lbs) Front Glass 2.0 mm heat strengthened glass with anti-reflective coating Back Glass 2.0 mm heat strengthened glass Frame Anodized aluminium alloy J-Box IP68, 3 bypass diodes Cable 4.0 mm² (IEC), 12 AWG (UL) Cable Length (Inclu-ding Connector)410 mm (16.1 in) (+) / 290 mm (11.4 in) (-) or customized length* Connector T4 series or MC4-EVO2 Per Pallet 30 pieces Per Container (40' HQ) 600 pieces or 540 pieces (only for US) * For detailed information, please contact your local Canadian Solar sales and technical representatives. Frame Cross Section A-A TEMPERATURE CHARACTERISTICS Specification Data Temperature Coefficient (Pmax) -0.34 % / °C Temperature Coefficient (Voc)-0.26 % / °C Temperature Coefficient (Isc)0.05 % / °C Nominal Module Operating Temperature 41 ± 3°C V A V A 1000 W/m2 800 W/m2 600 W/m2 400 W/m2 200 W/m2 5°C 25°C 45°C 65°C 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0 5 10 15 20 25 30 35 40 45 50 55 60 5 10 15 20 25 30 35 40 45 50 55 60 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0 0 ~ + 10 W * The specifications and key features contained in this datasheet may deviate slightly from our actual products due to the on-going innovation and product enhancement. CSI Solar Co., Ltd. reserves the right to make necessary adjustment to the information described herein at any time without further notice. Please be kindly advised that PV modules should be handled and installed by qualified people who have professional skills and please carefully read the safety and installation instructions before using our PV modules. February 2022. All rights reserved, PV Module Product Datasheet V2.1_EN 35 AA 1105 1134 50 50 6-Φ5Grounding Hole 40079011558-10x7Mounting Hole(tracker) 4-14x9 Mounting Hole 22668330 solaredge.com SolarEdge Home Wave Inverter For North America SE3000H-US / SE3800H-US / SE5000H-US / SE5700H-US / SE6000H-US / SE7600H-US / SE10000H-US / SE11400H-US Optimized installation with HD-Wave technology Specifically designed to work with power optimizers Record-breaking 99% weighted efficiency Quick and easy inverter commissioning directly from a smartphone using SolarEdge SetApp Fixed voltage inverter for longer strings Integrated arc fault protection and rapid shutdown for NEC 2014-2023 per articles 690.11 and 690.12 UL1741 SA certified, for CPUC Rule 21 grid compliance Small, lightweight, and easy to install both outdoors or indoors Built-in module-level monitoring Optional: Faster installations with built-in consumption metering (1% accuracy) and production revenue grade metering (0.5% accuracy, ANSI C12.20) INVERTERS 12-25 YEAR WARRANTY 9331 © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: February 11, 2024 DS-000153-NAM. Subject to change without notice. SolarEdge Home Wave Inverter For North America SE3000H-US / SE3800H-US / SE5000H-US / SE5700H-US / SE6000H-US/ SE7600H-US Applicable to inverters with part number SEXXXXH-XXXXXBXX4 SE3000H-US SE3800H-US SE5000H-US SE5700H-US SE6000H-US SE7600H-US Units OUTPUT Rated AC Power Output 3000 3800 @ 240V 3300 @ 208V 5000 5760 @ 240V 5000 @ 208V 6000 @ 240V 5000 @ 208V 7600 VA Maximum AC Power Output 3000 3800 @ 240V 3300 @ 208V 5000 5760 @ 240V 5000 @ 208V 6000 @ 240V 5000 @ 208V 7600 VA AC Output Voltage Min. – Nom. – Max. (211 – 240 – 264) ✓ ✓ ✓ ✓ ✓ ✓ Vac AC Output Voltage Min. – Nom. – Max. (183 – 208 – 229) - ✓ - ✓ ✓ - Vac AC Frequency (Nominal) 59.3 – 60 – 60.5(1) Hz Maximum Continuous Output Current @240V 12.5 16 21 24 25 32 A Maximum Continuous Output Current @208V - 16 - 24 24 - A Power Factor 1, Adjustable – 0.85 to 0.85 GFDI Threshold 1 A Utility Monitoring, Islanding Protection, Country Configurable Thresholds Yes INPUT Maximum DC Power @240V 4650 5900 7750 8900 9300 11800 W Maximum DC Power @208V - 5100 - 7750 7750 - W Transformer-less, Ungrounded Yes Maximum Input Voltage 480 Vdc Nominal DC Input Voltage 380 Vdc Maximum Input Current @240V(2) 8.5 10.5 13.5 16 16.5 20 Adc Maximum Input Current @208V(2) - 9 - 13.5 13.5 - Adc Max. Input Short Circuit Current 45 Adc Reverse-Polarity Protection Yes Ground-Fault Isolation Detection 600k Sensitivity Maximum Inverter Efficiency 99 99.2 % CEC Weighted Efficiency 99 % Nighttime Power Consumption < 2.5 W ADDITIONAL FEATURES Supported Communication Interfaces RS485, Ethernet, wireless SolarEdge Home Network (optional)(3), Wi-Fi (optional), Cellular (optional) Revenue Grade Metering, ANSI C12.20 Optional(4) Consumption Metering Optional(4) Inverter Commissioning With the SetApp mobile application using Built-in Wi-Fi Access Point for Local Connection Rapid Shutdown - NEC 2014-2023 per articles 690.11 and 690.12 Automatic Rapid Shutdown upon AC Grid Disconnect STANDARD COMPLIANCE Safety Conforms to UL 1741, UL 1741SA, UL 1741SB, UL 1699B Certified by CSA 22.2#107.1, C22,2#330, C22.3#9, ANSI/CAN/UL 9540 Grid Connection Standards IEEE1547 and IEEE-1547.1, Rule 21, Rule 14H Emissions FCC Part 15 Class B INSTALLATION SPECIFICATIONS AC Output Conduit Size / AWG Range 1'' Maximum / 14 – 6 AWG DC Input Conduit Size / # of Strings / AWG Range 1'' Maximum / 1 – 2 strings / 14 – 6 AWG Dimensions with Safety Switch (H x W x D) 17.7 x 14.6 x 6.8 / 450 x 370 x 174 in / mm Weight with Safety Switch 22 / 10 25.1 / 11.4 27.5 / 12.5 26.2 / 11.9 lb / kg Noise < 25 < 50 dBA Cooling Natural Convection Operating Temperature Range -40 to +140 / -40 to +60(5) ˚F / ˚C Protection Rating NEMA 4X (Inverter with Safety Switch) (1) For other regional settings please contact SolarEdge support. (2) A higher current source may be used; the inverter will limit its input current to the values stated. (3) For more information, refer to the SolarEdge Home Network datasheet (4) Inverter with Revenue Grade Production and Consumption Meter P/N: SExxxxH-US000BEI4. For consumption metering, current transformers should be ordered separately: SEACT0750-200NA-20 or SEACT0750-400NA-20. 20 units per box. (5) Full power up to at least 50˚C / 122˚F; for power de-rating information refer to the Temperature Derating technical note for North America. 10332 © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: February 11, 2024 DS-000153-NAM. Subject to change without notice. SolarEdge Home Wave Inverter For North America SE10000H-US / SE11400H-US Applicable to inverters with part number SEXXXXH-XXXXXBXX4 SE11400H-XXXXXBXX5 SE10000H-US SE11400H-US Units OUTPUT Rated AC Power Output 10000 11400 @ 240V 10000 @ 208V VA Maximum AC Power Output 10000 11400 @ 240V 10000 @ 208V VA AC Output Voltage Min. – Nom . – Max. (211 – 240 – 264) ✓ ✓ Vac AC Output Voltage Min. – Nom. – Max. (183 – 208 – 229) - ✓ Vac AC Frequency (Nominal) 59.3 – 60 – 60.5(6) Hz Maximum Continuous Output Current @240V 42 47.5 A Maximum Continuous Output Current @208V - 48.5 A Power Factor 1, Adjustable – 0.85 to 0.85 GFDI Threshold 1 A Utility Monitoring, Islanding Protection, Country Configurable Thresholds Yes INPUT Maximum DC Power @240V 15500 17650 W Maximum DC Power @208V - 15500 W Transformer-less, Ungrounded Yes Maximum Input Voltage 480 Vdc Nominal DC Input Voltage 380 Vdc Maximum Input Current @240V(7) 27 30.5 Adc Maximum Input Current @208V(7) - 27 Adc Max. Input Short Circuit Current 45 Adc Reverse-Polarity Protection Yes Ground-Fault Isolation Detection 600k Sensitivity Maximum Inverter Efficiency 99.2 % CEC Weighted Efficiency 99 99 @ 240V 98.5 @ 208V % Nighttime Power Consumption < 2.5 W ADDITIONAL FEATURES Supported Communication Interfaces RS485, Ethernet, wireless SolarEdge Home Network (optional)(8), Wi-Fi (optional), Cellular (optional) Revenue Grade Metering, ANSI C12.20 Optional(9) Consumption Metering Optional(9) Inverter Commissioning With the SetApp mobile application using Built-in Wi-Fi Access Point for Local Connection Rapid Shutdown - NEC 2014-2023 per articles 690.11 and 690.12 Automatic Rapid Shutdown upon AC Grid Disconnect STANDARD COMPLIANCE Safety Conforms to UL 1741, UL 1741SA, UL 1741SB, UL 1699B Certified by CSA 22.2#107.1, C22,2#330, C22.3#9, ANSI/CAN/UL 9540 Grid Connection Standards IEEE1547 and IEEE-1547.1, Rule 21, Rule 14H Emissions FCC Part 15 Class B INSTALLATION SPECIFICATIONS AC Output Conduit Size / AWG Range 1'' Maximum / 14 – 4 AWG DC Input Conduit Size / # of Strings / AWG Range 1'' Maximum / 1 – 3 strings / 14 – 6 AWG Dimensions with Safety Switch (H x W x D) 21.06 x 14.6 x 7.3 / 535 x 370 x 185 21.06 x 14.6 x 8.2 / 535 x 370 x 208(10) in / mm Weight with Safety Switch 38.8 / 17.6 44.9 / 20.4(10) lb / kg Noise <50 dBA Cooling Natural Convection Operating Temperature Range -40 to +140 / -40 to +60(11) ˚F / ˚C Protection Rating NEMA 4X (Inverter with Safety Switch) (6) For other regional settings please contact SolarEdge support. (7) A higher current source may be used; the inverter will limit its input current to the values stated. (8) For more information, refer to the SolarEdge Home Network datasheet (9) Inverter with Revenue Grade Production and Consumption Meter P/N: SExxxxH-US000BEI4. For consumption metering, current transformers should be ordered separately: SEACT0750-200NA-20 or SEACT0750-400NA-20. 20 units per box. (10) SE11400H-USxxxBxx5 is the updated PN, though SE11400H-USxxxBxx4 will still be available. All specifications are similar for both models, EXCLUDING the weight and dimensions [HxWxD]; The weight and dimensions of SE11400H-USxxxBxx4 are 38.8 / 17.6 [lb / kg] and 21.06 x 14.6 x 7.3 / 535 x 370 x 185 [in/mm], accordingly. (11) Full power up to at least 50˚C / 122˚F; for power de-rating information refer to the Temperature Derating technical note for North America. 11333 © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: February 11, 2024 DS-000153-NAM. Subject to change without notice. (12) SolarEdge is a global leader in smart energy technology. By leveraging world-class engineering capabilities and with a relentless focus on innovation, SolarEdge creates smart energy solutions that power our lives and drive future progress. SolarEdge developed an intelligent inverter solution that changed the way power is harvested and managed in photovoltaic (PV) systems. The SolarEdge DC optimized inverter maximizes power generation while lowering the cost of energy produced by the PV system. Continuing to advance smart energy, SolarEdge addresses a broad range of energy market segments through its PV, storage, EV charging, UPS, and grid services solutions. SolarEdge @SolarEdgePV @SolarEdgePV SolarEdgePV SolarEdge www.solaredge.com/corporate/contact solaredge.com © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: February 6, 2024 DS-000153 Subjectto change without notice. Cautionary Note Regarding Market Data and Industry Forecasts: This brochure may contain market data and industry forecasts from certain third-party sources. This information is based on industry surveys and the preparer’s expertise in the industry and there can be no assurance that any such market data is accurate or that any such industry forecasts will be achieved. Although we have not independently verified the accuracy of such market data and industry forecasts, we believe that the market data is reliable and that the industry forecasts are reasonable. 12334 Tech Brief Solar Is Not Always Sunny Over their lifetime, solar panels experience countless extreme weather events. Not just the worst storms in years, but the worst storms in 40 years. High winds capable of ripping panels from a roof, and snowfalls weighing enough to buckle a panel frame. XR Rails® are the structural backbone preventing these results. They resist uplift, protect against buckling and safely and efficiently transfer loads into the building structure. Their superior spanning capability requires fewer roof attachments, reducing the number of roof penetrations and the amount of installation time. XR Rail® Family Force-Stabilizing Curve Sloped roofs generate both vertical and lateral forces on mounting rails which can cause them to bend and twist. The curved shape of XR Rails® is specially designed to increase strength in both directions while resisting the twisting. This unique feature ensures greater security during extreme weather and a longer system lifetime. Compatible with Flat & Pitched Roofs Roof Mount utilizes XR Rails, along with optional all-in-one attachments, to secure systems flush against residential roofs. Corrosion-Resistant Materials XR Rails® are compatible with FlashFoot® and other pitched roof attachments. IronRidge® offers a range of tilt leg options for flat roof mounting applications. All XR Rails® are made of 6000-series aluminum alloy, then protected with an anodized finish. Anodizing prevents surface and structural corrosion, while also providing a more attractive appearance. 13335 XR Rail® Family The XR Rail® Family offers the strength of a curved rail in three targeted sizes. Each size supports specific design loads, while minimizing material costs. Depending on your location, there is an XR Rail® to match. © 2023 IronRidge, Inc. All rights reserved. Visit www.ironridge.com or call 1-800-227-9523 for more information. Version 1.22 Tech Brief Rail Selection The table below was prepared in compliance with applicable engineering codes and standards.* Values are based on the following criteria: ASCE 7-16, Gable Roof Flush Mount, Roof Zones 1 & 2e, Exposure B, Roof Slope of 8 to 20 degrees and Mean Building Height of 30 ft. Visit IronRidge.com for detailed certification letters. Load Rail Span Snow (PSF) Wind (MPH) 4’5’ 4”6’8’10’12’ None 90 120 140 XR10 XR100 XR1000 160 20 90 120 140 160 30 90 160 40 90 160 80 160 120 160 XR100 XR100 is a residential and commercial mounting rail. It supports a range of wind and snow conditions, while also maximizing spans up to 10 feet. • 10’ spanning capability • Heavy load capability • Clear & black anodized finish • Internal splices available XR10 XR10 is a sleek, low-profile mounting rail, designed for regions with light or no snow. It achieves spans up to 6 feet, while remaining light and economical. • 6’ spanning capability • Moderate load capability • Clear & black anodized finish • Internal splices available XR1000 XR1000 is a heavyweight among solar mounting rails. It’s built to handle extreme climates and spans up to 12 feet for commercial applications. • 12’ spanning capability • Extreme load capability • Clear anodized finish • Internal splices available *Table is meant to be a simplified span chart for conveying general rail capabilities. Use approved certification letters for actual design guidance. 14336 - 16338 48-80k W PROTECTOR® SERIES Automatic Standby Gaseous Generator The premium in home and business backup power protection 24346 Features & Benefits: 24/7/365 CUSTOMER SUPPORT TEAM Standing by all day, every day from our headquarters in Wisconsin to answer any questions you might have. BUILT IN THE USA* Generac generators and engines are engineered and built in the USA* *Assembled in the USA using domestic and foreign parts. Power your home or business with a Protector ® Series backup generator SMART, USER-FRIENDLY CONTROLS Generac’s Evolution™ Controller is visible and accessible without opening the generator enclosure. The Evolution Controller features a multilingual LCD display that allows users to monitor and track maintenance intervals to ensure your generator is always in top operating condition. TOUGH, DURABLE ALL-ALUMINUM ENCLOSURES Our RhinoCoat™ powder-coated finish helps make corrosion-resistant aluminum perfect for all weather conditions 18" OFFSET Generators can be installed just 18" from a structure* – ideal for areas with tight lot lines or other space constraints. *48kW models only TRUEPOWER™ TECHNOLOGY Delivers best-in-class power quality with less than 5% total harmonic distortion for clean, smooth operation of sensitive electronics and appliances. Thousands of homeowners and business owners trust their Protector Series automatic backup generator to preserve their quality of life and/or business profitability during a power outage. A Protector Series generator senses a power outage, turns on automatically, and delivers backup power to all lights, appliances, electronics, pumps, heating and air-conditioning, allowing you to continue living life comfortably and keep business operating without interruption. RHINOCOAT SMALL FOOTPRINT Generac liquid-cooled product packs more power into a small footprint – ideal when space is a premium. The neutral styling, color and small footprint fits unobtrusively into landscaping. GENERAC DESIGNED & BUILT ENGINE Purpose-built exclusively for generator use. Utilizes the first in class, dual-valve ultra-low pressure fuel delivery system and intelligent proprietary engine controls that manage over 100 performance functions to ensure peak efficiency in all temperature ranges and elevations. QUIET-TEST™ SELF-TEST MODE Runs at a lower, quieter RPM for a five or twelve minute test, to ensure the system is running properly while consuming less fuel. Quiet-Test Self-Test mode can be programmed to run weekly, bi-weekly, or monthly. 25347 WWW.GENERAC.COM A Protector Series standby generator is a quiet, affordable back up power solution for larger homes and small-to- medium-sized businesses and is equipped with Mobile Link Connectivity so you stay informed of the status of your generator from any device at any time. All of these features, backed by a standard 5-Year Limited Warranty, make a Protector Series generator the right backup power solution for your home or business. IDEAL INDUSTRIES/APPLICATIONS: • Convenience Stores & Gas Stations • Small Outpatient & Dental Clinics • School Offices & District Buildings • Banks & Financial Institutions • Manufacturing Industry & Distribution • Restaurants & Bars • Offices with Small Server Rooms • Larger Homes or Homes with Guest Houses • Green Houses Standard on 48-80kW Protector Series models. Mobile Link allows you to monitor the status of your generator from anywhere in the world using a smartphone, tablet, or PC. Easily access information, such as the current operating status and the generator’s maintenance schedule. Connect your account to an authorized service dealer for fast, friendly and convenient assistance. With Mobile Link, your generator is taken care of before the next outage. Additional functionality available with paid subscription. 26348 48-80k W PROTECTOR® SERIESAutomatic Standby Gaseous Generator Generac Power Systems, Inc. S45 W29290 Hwy. 59, Waukesha, WI 53189 www.Generac.com | 888-GENERAC (436-3722) 201902154 REV 06/20 ©2020 Generac Power Systems. All rights reserved. Specifications are subject to change without notice. NATIONWIDE DEALER SERVICE NETWORK Generac’s commitment to service includes scheduled maintenance programs, warranty assistance and emergency service to ensure that Generac customers are never left powerless. The largest nationwide dealer network has factory-trained technicians on staff and maintains large inventories of Generac parts, components and accessories. Find a dealer near you at Generac.com. SPECIFICATIONS (LP/NG)48kW 60kW 80kW Model Number RG04845 RG06045 RG08045 Output Amperage LP/NG 120/240 V, 1ø 1.0 pf 200/200 250/250 Contact Factory / 333 Output Amperage LP/NG 120/208 V, 3ø 0.8 pf 167/167 208/208 Contact Factory / 277 Output Amperage LP/NG 120/240 V, 3ø 0.8 pf 144/144 180/180 Contact Factory / 240 Output Amperage LP/NG 277/480 V, 3ø 0.8 pf 72/72 90/90 Contact Factory / 120 Engine/Alternator RPM 1800 Engine 4.5L, in-line 4-cyl. 4.5L Turbo, in-line 4-cyl. 4.5L Turbo, in-line 4-cyl. Fuel Consumption @ full |oad - LPG cu. ft/hr (gal/hr) 240.4 (6.61)305.6 (8.4)393.2 (10.8) Fuel Consumption @ full load - NG cu. ft/hr 604 808 1063 Quiet-Test Mode Yes db(A) at Exercise 68 db(A) Normal Operating Load 70 72 74 Dimensions (L” x W” x H”)83 x 35 x 46 97 x 38 x 49 97 x 38 x 49 Generator Weight (lbs.)1781 1912 2022 Mobile Link Connectivity Standard via Wi-Fi Ethernet Module Yes SCAQMD Model ••• 27349 Agenda Item No.: 13.A Mtg. Date: 04/22/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:RECEIVE AND FILE FISCAL YEAR 2024/2025 PROPOSED GENERAL FUND REVENUE PROJECTIONS AND EXPENDITURES BY DEPARTMENT DATE:April 22, 2024 BACKGROUND: In February 2024, the City began developing the Fiscal Year 2024/25 budget. The budget is scheduled to be adopted on June 24, 2024, effective July 1, 2024. The City Council and the Finance/Budget/Audit Committee (FBAC) have received reports and presentations from staff regarding preliminary General Fund revenue projections for the current fiscal year and Fiscal Year 2024/25. This agenda item presents any updates to the revenue projections that may be appropriately based on new information received and provides the Council with the proposed General Fund expenditures by department and line- item account. Staff has scheduled an FBAC meeting on Monday, May 6, 2024, which will serve as a platform for a more detailed discussion of the proposed expenditures. In light of this, Staff recommends that the Council refer this item to the FBAC, marking a significant step in the budget development process. DISCUSSION: Update to General Fund Revenues (Attachment A) On April 8, 2024, Staff presented preliminary General Fund revenue projections for the next fiscal year. Since then, staff analyzed key revenues based on additional revenues received through March 31, 2024, to determine if an adjustment to the projections is warranted. Although all revenues will continue to be monitored, Staff recommends lowering the projected Building & Other Permits revenue account from $440,892 to $400,000. This is based on additional revenue data received and a corresponding updated analysis. As such, total Fiscal Year 2024/25 revenues are now $2,596,685. 350 Proposed Changes to Status Quo Expenditures (Attachment B) Since April 8, 2024 City Council meeting where preliminary revenue and expenditure projections were presented, staff has analyzed each line-item expenditure account and developed a "proposed" budget for the next fiscal year. The proposed budget reflects many adjustments to line items based on a continuing analysis and increased understanding of costs. In many cases, line-item budgets were reduced. However, several large increases totaling approximately $145,000 are essentially non-discretionary. Each of these is discussed below. 1. PERS Payment of Unfunded Liability ($63,217) - The fiscal year 2023/24 adopted budget did not budget for the $65,000 payment due this fiscal year. Council approved using monies in the City's Section 115 Trust account, created to accumulate funds for pension liabilities, to reimburse the City for these costs as allowable under the regulations governing Section 115 Trusts. 2. Election Expenses ($15,000) - This item is to cover the costs of the November 2024 City election, which occurs every two years. As such, it was not included in the FY 2023/24 adopted budget. 3. Willdan Building Services ($15,000) - This increase is based on the expected costs in the current fiscal year of approximately $45,000 versus a budget of $30,000. There has been an increase in the number of applicants that are utilizing the expedited services provided by Willdan versus the County of Los Angeles Public Works Department, with whom the City also contracts for building services. 4. Law Enforcement Services ($38 ,0 0 0 ) - Approximately $28,000 of the increase is based on expected costs in fiscal year 2023/24 of $283,000. It appears the budget of $255,000 was incorrectly calculated. In addition, the contract is expected to increase 3.06%, amounting to approximately $10,000. These amounts do not reflect the 30% portion of the contract that is allocated to the COPs Fund. 5. Wildlife Management & Pest Control ($14,000) - The City has a contract with Los Angeles County Weights & Measures (LACWM) in an amount not to exceed $25,000. This contract is primarily for coyote and other pest abatement but also covers other potential services. However, the City has historically utilized this service to a limited degree. The City Council recently directed staff to increase focus in this area with a supplemental private contractor. Therefore, staff has proposed increasing the budget accordingly to more appropriately reflect the potential not-to-exceed contractual amount with LACWM and/or the independent contractor. Note that a small portion of the increase aligns with the budget expected pest control costs. Adjusted General Fund Balancing (Attachment C) As a result, largely due to the proposed changes to the budget described above, the General Fund has gone from a surplus of approximately $140,000 to an estimated deficit of approximately $46,000. This small deficit represents less than 2% of the proposed budget. It is possible that further refinements to the budget over the next 45 days will close this gap. However, in the meantime, staff will provide some options for the FBAC to consider when the details of this report are discussed with them at their next meeting on May 6, 2024. FISCAL IMPACT: None 351 RECOMMENDATION: Receive and file proposed General Fund revenues and expenditures for fiscal year 2024/25; and direct staff to forward this item to the Finance/Budget/Audit Committee for a more detailed discussion of the proposed budget. ATTACHMENTS: Attachment A - CL_AGN_240422_CC_Proposed_FY2024-25_GF-Revenues.pdf Attachment B - CL_AGN_240422_CC_Proposed_FY2024-25_GF_Expenditures.pdf Attachment C - CL_AGN_240422_CC_FY2024-25_GF_Balancing.pdf Attachment D - CL_AGN_240422_CC_Proposed_FY2024-25_BudgetPresentation_F.pdf 352 ATTACHMENT A Prelim Updated Preliminary Adjusted Adopted Year-End Year-End FY 2024/25 FY 2024/25 Budget Projection Projection Projections Projections Property Taxes 1,496,250$ 1,450,000$ 1,450,000$ 1,500,750$ 1,500,750$ Sales Taxes 13,905 10,000 10,000 10,300 10,000 Property Transfer Tax 56,222 63,000 63,000 64,890 64,890 Other Taxes 1,000 1,000 1,000 1,000 1,000 Motor Vehicle In Lieu 269,267 272,374 272,374 280,545 280,545 Building & Other Permits 600,000 440,892 400,000 440,892 400,000 C&D Permits 5,600 10,000 10,000 10,000 10,000 Variance, Planning & Zoning 67,000 25,000 25,000 25,000 25,000 Animal Control Fees 150 300 300 300 300 Franchise Fees 13,000 13,000 13,000 13,260 13,000 Fines & Traffic Violations 3,500 4,000 4,000 4,000 4,000 Cost Recoivery - Publications 7,200 3,000 3,000 3,000 3,000 RHCA Lease Revenue 69,000 69,000 69,000 69,000 69,000 Public Safety Aug Fund 1,200 1,200 1,200 1,200 1,200 Interest on Investments 110,000 140,000 140,000 140,000 140,000 PARS Earnings 20,000 44,000 44,000 44,000 44,000 Miscellaneous Revenue 5,000 6,000 6,000 6,000 6,000 Transfers In - Refuse Fund 24,000 24,000 24,000 24,000 24,000 TOTALS 2,762,294$ 2,576,766$ 2,535,874$ 2,638,137$ 2,596,685$ FY 2023/24 FY 2024/25 CITY OF ROLLING HILLS Proposed Fiscal Year 2024/25 Revenues General Fund 353 ATTACHMENT B Adopted Amended Status Quo Proposed Increase Budget Budget Budget Budget (Decrease) 01 - CITY ADMINISTRATOR 702 Salaries -Full Time 505,294$ 505,294$ 436,262$ 436,262$ -$ 705 Temporary Salaries 7,000 7,000 7,000 7,000 - 710 Retirement CalPERS-Employer 46,935 46,935 35,159 35,159 - 712 CalPERS Unfunded Liability - - - 63,217 63,217 715 Workers Compensation Insurance 9,100 9,100 9,100 9,100 - 716 Group Insurance 72,907 72,907 80,378 80,378 - 717 Retiree Medical 37,500 37,500 37,500 37,500 - 718 Employer Payroll Taxes 39,401 39,401 33,821 33,821 - 719 Deferred Compensation 4,718 4,718 2,239 2,239 - 720 Auto Allowance 4,800 4,800 3,600 3,600 - 721 Phone Allowance 2,520 2,520 2,400 2,400 - 740 Office Supplies 13,000 13,000 13,000 13,000 - 745 Equipment Leasing Costs 11,000 11,000 11,000 11,000 - 750 Dues & Subscriptions 14,240 14,240 14,240 14,000 (240) 755 Conference Expense 1,873 1,873 1,873 2,000 127 757 Meetings Expense 2,000 2,000 2,000 2,300 300 CITY OF ROLLING HILLS FY24/25 Proposed Budgeted Expenditures Department/Object Account FY 2024/25FY 2023/24 1 Page: 1354 ATTACHMENT B Adopted Amended Status Quo Proposed Increase Budget Budget Budget Budget (Decrease) CITY OF ROLLING HILLS FY24/25 Proposed Budgeted Expenditures Department/Object Account FY 2024/25FY 2023/24 759 Training & Education 5,000 5,000 5,000 5,000 - 761 Auto Mileage 500 500 500 500 - 765 Postage 21,000 21,000 21,000 19,500 (1,500) 775 City Council Expense 5,000 5,000 5,000 7,500 2,500 776 Miscellaneous Expenses 4,750 4,750 4,750 3,000 (1,750) 780 Comm./Newsletters & Outreach 5,000 5,000 5,000 2,500 (2,500) 785 Codification 3,000 3,000 3,000 2,400 (600) 790 Advertising 2,400 2,400 2,400 2,400 - 795 Other Gen Admin Expense 2,500 2,500 2,500 3,300 800 801 City Attorney 90,000 90,000 90,000 90,000 - 802 Legal Expense - Other 3,000 3,000 3,000 3,000 - 820 Website 6,000 6,000 6,000 6,000 - 850 Election Expense City Council - - - 15,000 15,000 890 Consulting Fees 35,000 71,425 35,000 35,000 - 891 Records Management 1,700 41,494 1,700 1,700 - Total City Administrator 957,138 1,033,357 874,422 949,776 75,354 2 Page: 2355 ATTACHMENT B Adopted Amended Status Quo Proposed Increase Budget Budget Budget Budget (Decrease) CITY OF ROLLING HILLS FY24/25 Proposed Budgeted Expenditures Department/Object Account FY 2024/25FY 2023/24 05 - Finance 750 Dues & Subscriptions 3,000 3,000 3,000 4,500 1,500 810 Annual Audit 31,400 31,400 31,400 35,000 3,600 890 Consulting Fees 120,000 120,000 120,000 120,000 - Total Finance 154,400 154,400 154,400 159,500 5,100 15- PLANNING & DEVELOPMENT 702 Salaries 212,515 212,515 219,953 219,953 - 703 Salaries - Part-Time 27,610 27,610 26,587 26,587 - 710 Retirement CalPERS-Employer 16,750 16,750 17,726 17,726 - 715 Workers Comp. Insurance 3,900 3,900 3,900 3,900 - 716 Group Insurance 42,669 42,669 48,107 48,107 - 718 Employer Payroll Taxes 18,527 18,527 19,310 19,310 - 719 Deferred Comp 865 865 4,681 4,681 - 720 Auto Allowance 1,200 1,200 1,200 1,200 - 721 Phone Allowance 600 600 600 600 - 761 Auto Mileage 300 300 300 300 - 3 Page: 3356 ATTACHMENT B Adopted Amended Status Quo Proposed Increase Budget Budget Budget Budget (Decrease) CITY OF ROLLING HILLS FY24/25 Proposed Budgeted Expenditures Department/Object Account FY 2024/25FY 2023/24 750 Dues & Subscription 5,500 5,500 5,500 11,670 6,170 755 Conference Expense 385 385 385 2,000 1,615 759 Training & Education 1,000 1,000 1,000 1,000 - 776 Miscellaneous Expenses - - - 2,000 2,000 790 Publication/Advertising/Noticing 15,000 15,000 15,000 10,000 (5,000) 802 Legal Expenses-Other 10,000 10,000 10,000 10,000 - 872 Property Development-Legal Exp 50,000 50,000 50,000 37,000 (13,000) 875 Willdan Building 30,000 30,000 30,000 45,000 15,000 878 Build Inspect. LA County 250,000 250,000 250,000 250,000 - 881 Storm Water Management 84,100 84,100 84,100 90,990 6,890 884 Special Project Study & Consult.20,000 20,000 20,000 5,000 (15,000) 886 Code Enforcement 62,880 62,880 62,880 62,880 - 928 Traffic Engineering 5,000 5,000 5,000 5,645 645 Total Planning & Development 858,801 858,801 876,229 875,549 (680) 4 Page: 4357 ATTACHMENT B Adopted Amended Status Quo Proposed Increase Budget Budget Budget Budget (Decrease) CITY OF ROLLING HILLS FY24/25 Proposed Budgeted Expenditures Department/Object Account FY 2024/25FY 2023/24 25 - Public Safety 830 Law Enforcement 255,000 255,000 255,000 293,000 38,000 833 Other Law Enforcement Exp 4,000 4,000 4,000 4,000 - 837 Wild Life Mgmt & Pest Control 6,000 6,000 6,000 20,000 14,000 838 Animal Control Expense 5,000 5,000 5,000 6,000 1,000 Total Public Safety 270,000 270,000 270,000 323,000 53,000 65 - NON-DEPARTMENTAL 895 Insurance & Bond Expense 37,018 37,018 37,018 40,000 2,982 901 South Bay Comm. Organization 10,000 17,600 17,600 17,600 - 915 Community Recognition 10,000 10,000 10,000 8,000 (2,000) 917 Emergency Preparedness 77,000 77,000 77,000 77,000 - Total Non-Departmental 134,018 141,618 141,618 142,600 982 75 - CITY PROPERTIES 892 IT Services 61,200 61,200 61,200 63,000 1,800 893 Granicus Services 8,300 8,300 8,300 8,300 - 5 Page: 5358 ATTACHMENT B Adopted Amended Status Quo Proposed Increase Budget Budget Budget Budget (Decrease) CITY OF ROLLING HILLS FY24/25 Proposed Budgeted Expenditures Department/Object Account FY 2024/25FY 2023/24 894 Computer Hardware Fund 5,000 5,000 5,000 5,000 - 925 Utilities 60,000 60,000 60,000 60,000 - 930 Repairs & Maintenance 16,000 16,000 16,000 19,000 3,000 932 Area Landscaping 15,600 15,600 15,600 21,600 6,000 946 Buildings & Equipment 15,000 15,000 15,000 15,000 - 947 Non-Building Improvements - - Total City Properties 181,100 181,100 181,100 191,900 10,800 TOTALS BEFORE TRANSFERS 2,555,457$ 2,639,276$ 2,497,769$ 2,642,325$ 144,556$ 6 Page: 6359 ATTACHMENT C Adopted Year-End Prelim Proposed Budget Projections Projections Budget Operating Revenues 2,762,294$ 2,576,766$ 2,638,137$ 2,596,685$ Operating Expenditures 2,555,457 2,355,457 2,497,769 2,642,325 Operating Surplus (Deficit)206,837 221,309 140,368 (45,640) Capital Transfers (250,000) (250,000) N/A N/A Surplus (Deficit)(43,163)$ (28,691)$ 140,368$ (45,640)$ FY 2023/24 FY 2024/25 CITY OF ROLLINGS HILLS Budget Balancing General Fund 360 CITY OF ROLLING HILLS PROPOSED BUDGET FISCAL YEAR 2024/25 361 Purpose of Report To provide updated General Fund revenue projections for FY 2024/25 To present the proposed General Fund expenditure budget for FY 2024/25 To present the updated General Fund balancing picture 362 Recommendations Receive and file staff report Refer detailed discussion of expenditures to FBAC meeting of May 6, 2024 363 UPDATED GENERAL FUND REVENUES 364 FY 2024/25 Updated Revenue Projections Prelim Updated Preliminary Adjusted Adopted Year-End Year-End FY 2024/25 FY 2024/25 Budget Projection Projection Projections Projections Property Taxes 1,496,250$ 1,450,000$ 1,450,000$ 1,500,750$ 1,500,750$ Sales Taxes 13,905 10,000 10,000 10,300 10,000 Property Transfer Tax 56,222 63,000 63,000 64,890 64,890 Other Taxes 1,000 1,000 1,000 1,000 1,000 Motor Vehicle In Lieu 269,267 272,374 272,374 280,545 280,545 Building & Other Permits 600,000 440,892 400,000 440,892 400,000 C&D Permits 5,600 10,000 10,000 10,000 10,000 Variance, Planning & Zoning 67,000 25,000 25,000 25,000 25,000 Animal Control Fees 150 300 300 300 300 Franchise Fees 13,000 13,000 13,000 13,260 13,000 Fines & Traffic Violations 3,500 4,000 4,000 4,000 4,000 Cost Recoivery - Publications 7,200 3,000 3,000 3,000 3,000 RHCA Lease Revenue 69,000 69,000 69,000 69,000 69,000 Public Safety Aug Fund 1,200 1,200 1,200 1,200 1,200 Interest on Investments 110,000 140,000 140,000 140,000 140,000 PARS Earnings 20,000 44,000 44,000 44,000 44,000 Miscellaneous Revenue 5,000 6,000 6,000 6,000 6,000 Transfers In - Refuse Fund 24,000 24,000 24,000 24,000 24,000 TOTALS 2,762,294$ 2,576,766$ 2,535,874$ 2,638,137$ 2,596,685$ FY 2023/24 FY 2024/25 365 PROPOSED GENERAL FUND EXPENDITURES 366 General Fund Proposed Expenditures by Dept Amended Status Quo Proposed Increase Department Budget Budget Budget Budget (Decrease) City Administrator 957,138$ 1,033,357$ 874,422$ 949,776$ (75,354)$ Finance 154,400 154,400 154,400 159,500 (5,100) Planning & Development 858,801 858,801 876,229 875,549 680 Public Safety 270,000 270,000 270,000 323,000 (53,000) Non-Departmental 134,018 141,618 141,618 142,600 (982) City Properties 181,100 181,100 181,100 191,900 (10,800) Total Operations 2,555,457$ 2,639,276$ 2,497,769$ 2,642,325$ (144,556)$ Adopted FY 2023/24 FY 2024/25 367 Key Increases Unfunded Liability Pmt $ 63,217 Election Expense City Council 15,000 Willdan Building 15,000 Law Enforcement 38,000 Wild Life Mgmt & Pest Control 14,000 Total Key Increases $ 145,217 368 UPDATED BALANCING Adopted Year-End Prelim Proposed Budget Projections Projections Budget Operating Revenues 2,762,294$ 2,576,766$ 2,638,137$ 2,596,685$ Operating Expenditures 2,555,457 2,355,457 2,497,769 2,642,325 Operating Surplus (Deficit)206,837 221,309 140,368 (45,640) Capital Transfers (250,000) (250,000) N/A N/A Surplus (Deficit)(43,163)$ (28,691)$ 140,368$ (45,640)$ FY 2023/24 FY 2024/25 369 Recommendations Receive and file staff report Refer detailed discussion of expenditures to FBAC meeting of May 6, 2024 370 QUESTIONS/DISCUSSION 371 Agenda Item No.: 13.B Mtg. Date: 04/22/2024 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 PHASE 1 OF THE PORTUGUESE BEND ROAD / ROLLING HILLS ROAD 8" SEWER MAIN PROJECT DESIGN AND AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS DATE:April 22, 2024 BACKGROUND: In 2020, the City Council engaged the services of NV5 to provide engineering design for the 8" sewer main along Portuguese Bend Road/Rolling Hills Road. Since the commencement of the design work, NV5 has met the 65% design, 90% design, and 100% design milestones. This proposed sewer main crosses several jurisdictions, and approval from Rolling Hills Estates and the City of Torrance would be necessary before the project could be deemed complete. Phase 1 would include the new 8-inch sewer main along Portuguese Bend Road from the RHCA's main gate to Lariat Lane in Rolling Hills Estates. The downstream 8" sewer would be able to accommodate effluent from City Hall Campus and Gate House. The cost for Phase 1, at that time, was anticipated to be approximately $1,100,000 with staff recommending partial funding from an available ARPA allocation of $441,000. Phase 2 would involve the downstream sewer improvements to the City of Torrance (upsizing existing sewer mains to 10" and 12' at three locations) along Rolling Hills Road from Lariat Lane to Crenshaw Boulevard. This upgrade would be necessary to support future connections of residential lots in Rolling Hills to the proposed sewer system. Per the City Council's direction at the April 25, 2022 meeting, staff confirmed with the cities of Rolling Hills Estates and Torrance, as well as the LA County Department of Public Works, that the proposed 8-inch sewer main along Portuguese Bend Road/Rolling Hills Road could be phased on the condition that the Sanitary Sewer Improvement Feasibility Study prepared by Willdan Engineering be updated. All agencies wanted to confirm that the existing sewer main lines in Rolling Hills Estates and the City of Torrance have the capacity to accept effluent from the City Hall campus and the Tennis Courts (Phase 1) without upsizing. 372 In June 2022, Willdan Engineering provided a proposal to amend the Sanitary Sewer Improvement Feasibility Study for $9,010. At the June 27, 2022 meeting, the City Council reviewed Willdan Engineering's proposal and directed staff to bring this item back in six months. At the December 13, 2022, meeting, the City Council approved an amendment to Wildan’s contract to amend the Sanitary Sewer Feasibility Study in support of the first phase of construction of the proposed sewer main from Rolling Hills connecting to the sewer main in Rolling Hills Estates. Wildan completed the amended feasibility study, and this study was approved by Rolling Hills Estates on February 15, 2023. At the January 23, 2023 City Council meeting, the Council directed staff to prepare an amended professional Service agreement with NV5 in the amount of $23,670 to update and complete the Phase 1 Sewer Improvement Plans. At the February 13, 2023 meeting, City Council authorized staff to execute an amendment with NV5 to update and phase the 8” Sewer Main Improvement Plans for the section from Rolling Hills connecting to the existing sewer in Rolling Hills Estates (Phase 1). NV5 proceeded to update the plans and the plans were approved by Rolling Hills Estates on December 1, 2023. NV5 subsequently prepared an updated Engineer ’s Opinion of Probable Construction Costs for these approved plans and submitted it to the City on January 5, 2024. This estimate is for the total amount of $1,219,000, which includes a Field Order Allowance of $60,000 and a 10% Contingency Amount of $111,230 The City submitted a Fiscal Year 2024 Community Funding request to Congressman Lieu's office in March of 2023. On March 18, 2024, the City received notice that the City's application for FY24 Local Project funding through Congressman Lieu's office had been signed into law by President Biden and was successful in securing $1,000,000 in funding for the execution of Phase 1. (Attachment A) DISCUSSION: The Phase 1 Sewer Improvement Project is the first step in providing sewer service to the City of Rolling Hills. Construction of the Phase 1 Sewer Improvements that would allow connection of the City Hall Campus, Gatehouse, and Tennis Court facility to a gravity sewer system and remove these facilities from existing septic systems is ready to go out to bid for construction upon authorization of City Council to release for public bid and approval of the funding for this project. Additional project costs in addition to the construction costs would include: Permit Fees Construction Management / Inspection Project Management The Phase 2 Sewer Improvement Plans (step two) require upsizing the downstream sewer in Torrance to increase sewer capacity and allow future connection of residential lots within the City to this sewer instead of existing individual septic systems. At the direction of City Council, the Phase 2 Sewer Improvement plans were put on hold, and additional funding would be required to complete them. The City received a proposal from NV5 in June 2023 for the amount of $97,000 (included potholing, updating plans, obtaining plan approval from the City of Torrance), plus an optional $23,000 (to relocate existing waterlines if a conflict with the proposed sewer upgrade is discovered while potholing). If/when the City would like to proceed 373 with Phase 2, staff would then request an updated proposal from NV5 to complete the Phase 2 Sewer Improvement Plans. Future improvement plans and construction (Phase three, etc.) would then be needed to extend sewer facilities into the City and provide an opportunity for residents to connect to a sewer system. Required CEQA review will be addressed at the time of contract award. FISCAL IMPACT: The adopted Fiscal Year 23-24 budget does not include funds to progress towards construction of the 8" Sewer Line Project Phase 1. The City will have access to $1,000,000 in FY24 Local Project funding through Congressman Lieu's office. Any additional funds would need to be appropriated as part of the FY 24-25 Budget process or via an FY 23-24 Budget Amendment resolution. RECOMMENDATION: Approve as presented. Provide direction to staff on funding strategy. ATTACHMENTS: Attachment A - CL_AGN_240325_Lieu_FY24_CF_PressRelease.pdf PW_SEW_231110_8inch_PBR_RHR_Design.pdf 374 375 376 PORTUGUESE BEND/ROLLING HILLS ROADSEWER MAIN IMPROVEMENT PROJECTKnow what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA 377 Know what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA 378 1 inch = ft.GRAPHIC SCALE20Know what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA 379 1 inch = ft.GRAPHIC SCALE20Know what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA ∠380 1 inch = ft.GRAPHIC SCALE20Know what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA ∠PALOS VERDES DR NORTH381 1 inch = ft.GRAPHIC SCALE20Know what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA 382 HORSE XING STOPHORSEXINGKnow what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA ROLLING HILLS RDROLLING HILLS RD1 inch = ft.GRAPHIC SCALE20“” 383 Know what'sbelow.Calltwo working before you dig.RPUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLSNo. C50129L U A NNE BEANCIVILR E GISTERED P R OFESSIONAL ENGINEERSTATE OF CAL I F ORNIA PORTUGUESE BEND RD PALOS VERDES DR NORTH 1 inch = ft.GRAPHIC SCALE20“” 384 Know what'sbelow.Calltwo working before you dig. R PUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLS No. C50129LUANNE BEA N CI V I LREGISTERED PRO F E SSIONAL E N G I NEERST ATE OF C A LIFORNIASTA. 40+00 SEWER MANHOLE DETAIL STA. 43+50 SEWER MANHOLE DETAIL STA. 47+78.69 SEWER MANHOLE DETAIL STA. 52+28.69 SEWER MANHOLE DETAIL STA. 56+70± SEWER MANHOLE DETAIL 385 Know what'sbelow.Call two working before you dig. R PUBLIC WORKS DEPARTMENTCITY OF ROLLING HILLS No. C50129LUANNE BEA N CIV I LREGISTERED PRO F E SSIONAL E N G I NEERSTATE OF C A LIFORNIASHEET NOTES: MANHOLE PENETRATION CONNECTION AT AREAS THAT EDGE OF TRENCH IS LESS THAN 4-FT FROM EDGE OF GUTTER, THE ENTIRE SURFACE FROM EDGE OF TRENCH TO EDGE OF GUTTER SHALL BE GROUND AND OVERLAID WITH SURFACE COURSE. OR 1" THICKER THAN EXISTING PAVING, WHICHEVER IS GREATER. 386 Agenda Item No.: 13.C Mtg. Date: 04/22/2024 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 A PROFESSIONAL SERVICES AGREEMENT WITH HOT LINE CONSTRUCTION, INC TO PROVIDE POTHOLING SERVICES FOR THE 20B PORTION OF THE EASTFIELD DRIVE FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $57,915 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4382-177-7R-CA, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:April 22, 2024 BACKGROUND: In order to preserve the rural character of Rolling Hills and eliminate risks of wildfires, the City Council encourages and supports utility undergrounding throughout the community. In line with this vision, the City applied for Hazard Mitigation Grant funds through the FEMA Hazard Mitigation Program. On January 26, 2022, the City was awarded $1,971,882 in Federal funds to underground utility infrastructure on Eastfield Drive between Outrider Road and Hackamore Road. The grant requires a Local Match of 25%, or $657,294, for a total project amount of $2,629,176. The Local Match can be fulfilled using the City’s Rule 20A work credits. Through Councilmember Wilson's efforts and involvement, a donation of $1,000,000 Rule 20A work credits from Supervisor Hahn's Office was approved in December 2022. The California Public Utility Commission requires the local agencies to adopt an ordinance creating an underground district in the area where both the existing and new facilities are and will be located. The formation of the Underground Utility District (UUD) provides SCE with the authorization needed to develop the design plans to remove existing overhead facilities and install replacement underground facilities. On November 14, 2022, the City Council adopted Resolution No. 1316 to create Underground 387 Utility District No. 2 (UUD-02) (Eastfield Drive) and set a public hearing for the January 23, 2023 City Council meeting. Letters were sent on November 29, 2022, and January 4, 2023, to all property owners whose property or portion of their property would fall within the proposed Underground Utility District to notify them of the formation of UUD and the public hearing. The length of UUD-02 is divided into two segments: Rule 20A and Rule 20B. Southern California Edison (SCE) handles the design and joint trench bidding and assists in coordinating with the other utility companies for Rule 20A projects. Rule 20B projects are also designed by SCE; however, joint trench bidding is handled by the City. Over the past several years, City Staff has held monthly meetings with SCE and other utility service providers to ensure the project continues progressing. In preparation for the UUD, SCE has conducted numerous site visits to confirm the scope and limits of work and the preparation of a Rough Order of Magnitude (ROM), an estimate of the project. On January 4, 2023, SCE submitted the ROM for the Rule 20A segment, which is based on the estimated trench footage of 1,250 feet and includes all mainline trenching as well as crossings, streetlights, and service laterals with the cost estimate of $1,000,000, expressed in 2024 dollars. On January 23, 2023, Resolution No. 1322 was adopted and allowed SCE to begin designing the undergrounding system to replace the existing overhead facilities within the designated Underground Utility District. In addition, SCE coordinates with other utility service providers that have facilities on the existing overhead system to ensure their respective undergrounding designs coincide with SCE's efforts. The Federal grant received for the Eastfield Drive Underground Utility project requires the project must be completed by August 4, 2025 in order to expend the grant funds. Any delay in establishing the Underground Utility District hinders the project and could potentially jeopardize the availability and use of the grant funds. DISCUSSION: The City is responsible for completing the Rule 20B segment, including lateral connections to residential panels. To ensure that the City stays closely in sync with SCE's timing and work specific to the Rule 20B portion, a Request for Proposals (RFP) for Potholing Services (Attachment A - Exhibit A) was released on March 25, 2024. The City invited firms familiar with SCE potholing requirements to submit fee proposals for performing the required work specific to the 20B portion project and proposed vault locations. The successful proposer was required to have at least five years of experience on similar types of projects. The scope of work includes: 1. Potholing for six vault locations as identified on SCE’s Preliminary Design Plans for the Rule 2B Project 2. Obtaining the required permit (no fee) from RHCA 3. Restoring the potholing trenches in accordance with RHCA Trench Backfill and Pavement Repairs 4. Provide appropriate Traffic Control, including flagmen, as deemed necessary. 388 On April 9, 2024, five proposals (Attachments B-F) were received in a timely fashion and evaluated by staff. The order ranked the lowest proposal for work included are as follows: Bidder Address Amount Aztec Engineering Group, Inc 1921 W. 11th St., Upland, CA 91786 $48,905 Hot Line Construction, Inc.11276 5th Street, Ste. 100, Rancho Cucamonga, CA 91730 $57,915 VCI Construction, Inc.1921 W. 11th St., Upland, CA 91786 $62,719 E.E. Electric, inc.P.O. Box 465, Jurupa Valley, CA 91752 $77,500 Kana Subsurface Engineering 12620 Magnolia Ave., Riverside, CA 92503 $91,272 Staff validated all proposals received and determined Aztec Engineering Group, Inc . (Aztec) was the lowest proposer. Unfortunately, Aztec failed to meet the RFP requirements, specifically the asphalt pavement trench restoration specs provided by the Rolling Hills Community Association. When staff discussed this issue with Aztec, they stated they would have to obtain a price from a sub consultant to meet this requirement and thus would need to change their proposed amount after the deadline. Therefore, staff recommends awarding the potholing services contract to Hot Line Construction, Inc., for a not-to-exceed amount of $57,915. They meet the requirements stated in the RFP and have current experience with SCE for Rule 20 projects. ENVIRONMENTAL REVIEW The City Council found this was exempt from the California Environmental Quality Act (“CEQA”) on October 24, 2022. FISCAL IMPACT: Under Rule 20B, the City is required to cover the costs for any contracted work and then be reimbursed from the grant funds. The grant pays for 75% of the fee and the city pays 25% of the fee using Rule 20A tariff credits. Staff will return to Council with a proposed resolution to amend the budget based on the costs and flow of funds described herein. The total not-to-exceed fee for Hot Line Construction, Inc. is $57,915. RECOMMENDATION: Approve as presented. ATTACHMENTS: Attachment A - CA_AGR_240422_HotLineConst_Eastfield_UU_20B_Potholing.pdf Attachment B - GR_OES_240409_Eastfield20B_RFP_Potholing_EE-Electric.pdf Attachment C - GR_OES_240409_Eastfield20B_RFP_Potholing_HotLine.pdf Attachment D - GR_OES_240409_Eastfield20B_RFP_Potholing_Aztec.pdf Attachment E - GR_OES_240409_Eastfield20B_RFP_Potholing_KSE.pdf Attachment F - GR_OES_240409_Eastfield20B_RFP_Potholing_VCI.pdf 389 CITY OF ROLLING HILLS SPECIALTY SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into as April 22, 2024 by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “City”) and HOT LINE CONSTRUCTION, INC., a California Corporation with its principal place of business at 9020 Brentwood Blvd., Suite H Brentwood, CA 94513 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Designer. Designer desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California. 2.2 Project. City desires to engage Designer to render such services for potholing to confirm and verify the existence of any underground facilities within specified areas as directed by the City ("Project") in compliance with the terms of this Agreement. 3. TERMS 3.1 Employment of Designer. 3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Designer shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”] 3.1.2 Term. The term of this Agreement shall be from April 22, 2024 to May 22, 2024, unless earlier terminated as provided herein. Designer shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Project Designer; Key Personnel. 3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Mark Meekhof to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of 390 the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause. 3.3 Hiring of Consultants and Personnel. 3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion. 3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law. 3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to app roval by City. 3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense. 3.4 Standard of Care. 3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the 391 State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein. 3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project. 3.5 Laws and Regulations. 3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.5.2 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City. 3.5.3 Water Quality Management and Compliance. (a) Compliance with Water Quality Laws, Ordinances and Regulations. Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits 392 issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage City, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. (b) Liability for Non-compliance. (i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in this Sections is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in this section of this Agreement, or any other relevant water quality law, regulation, or policy. 3.6 Independent Contractor. 3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.7 Schedule of Services. 3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference. 3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the 393 completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times. 3.8 City Responsibilities. City’s responsibilities shall include the following: 3.8.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. 3.8.2 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Christian Horvath as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.8.3 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above. 3.9 Compensation. 3.9.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Fifty Seven Thousand, Nine Hundred and Fifteen Dollars ($57,915.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement. 3.9.2 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control. 394 3.9.3 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq ., and 1770, et seq ., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.9.4 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.9.5 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor. 3.10 Notice to Proceed. Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed. 3.11 Termination, Suspension and Abandonment. 395 3.11.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement. 3.11.2 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all documents, reports, and any other data or drawings (“Project Documents”), as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense. 3.11.3 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.12 Ownership and Use of Documents; Confidentiality. 3.12.1 Ownership. All Project Documents shall be and remain the property of City. 3.12.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer. 3.13 Indemnification. 3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers. 396 3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault. 3.14 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. 3.14.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so. 3.14.2 Additional Insured. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.14.3 Commercial General Liability (a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted 397 (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Contractors Coverage (c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (d) The policy shall give City its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. 3.14.4 Automobile Liability (a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (c) The policy shall give City, its officers, employees, agents and City designated volunteers additional insured status. (d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. 3.14.5 Workers’ Compensation/Employer’s Liability (a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. 398 Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section. 3.14.6 Professional Liability (Errors and Omissions) (a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. 3.14.7 Minimum Policy Limits Required (a) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 3.14.8 Evidence Requ ired (a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. 399 3.14.9 Policy Provisions Required (a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 3.14.10 Qualifying Insurers (a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.14.11 Additional Insurance Provisions (a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise 400 assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement. (c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 3.14.12 Subconsultant Insurance Requirements (a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 3.15 Records. Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 3.16 Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City. 3.17 Mediation. Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties. 3.18 No Third Party Rights. 401 This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein. 3.19 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in the Superior Court of California for the County of Los Angeles. 3.20 Exhibits and Recitals. All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth. 3.21 Severability. Should any p rovision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 3.22 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.23 Safety. Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed. 3.24 Harassment Policy. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City of Rolling Hills Attn: Christian Horvath 2 Portuguesa Bend Road Rolling Hills, CA 90274 Hot Line Construction, Inc. Attn: Mark Meekhof 9020 Brentwood Blvd., Suite H Brentwood, CA 94513 402 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.25 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.26 City’s Right to Employ Other Consultants. City reserves right to employ other consultants, including designers, in connection with this Project or other projects. 3.27 Prohibited Interests. 3.27.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 3.27.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.28 Labor Certification. By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.29 Subcontracting. As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement. 3.30 Supplemental Conditions. Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference. 3.31 Entire Agreement. 403 This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE] 404 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below. CITY OF ROLLING HILLS HOT LINE CONSTRUCTION, INC. __________________________ __________________________ KARINA BAÑALES, City Manager MARK MEEKHOF, DATE:___________ DATE:_____________ ATTEST: __________________________ CITY CLERK APPROVED AS TO FORM: __________________________ PATRICK DONEGAN CITY ATTORNEY 405 EXHIBIT “A” DESIGNER’S SCOPE OF SERVICES . 406 Page 1 of 3 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 REQUEST FOR PROPOSALS POTHOLING SERVICES IN SUPPORT OF EASTFIELD DRIVE SCE RULE 20B PROJECT FOR CITY OF ROLLING HILLS PROPOSALS DUE 3 PM, April 9, 2024 SECTION 1 - BACKGROUND The City of Rolling Hills (City), California invites firms familiar with Southern California Edison (SCE) potholing requirements to submit fee proposals for performing potholing services in support of the Eastfield Drive SCE Rule 20B Utility Undergrounding project. This project will underground existing overhead power and telecommunication lines along Eastfield Drive from approximately 45 Eastfield Drive to Outrider Road. The City has received federal hazard mitigation grant funding in support of undergrounding existing overhead utilities to reduce fire hazards. In cooperation with SCE and other utility companies utilizing existing overhead facilities, SCE has prepared preliminary design plans for the defined project area. Under terms of the grant funding, the City is responsible to construct the underground infrastructure utilizing SCE’s design. Prior to finalizing the design, SCE requires potholing to confirm the vault locations. The successful Proposer, shall have at least five years of experience on similar types of projects. All Proposers responding to this Request for Proposal (RFP) will be evaluated on the basis of their fee. Note: all roads within the City are private and coordination with the Rolling Hills Community Association (RHCA) may also be required. 407 Page 2 of 3 SECTION 2 - SCOPE OF SERVICES The City of Rolling Hills is requesting a fee from selected firms that have experience in performing potholing services for SCE to validate vault locations as currently designed. Being a City project, prevailing wage is a requirement. The proposed vault locations are proposed in or adjacent to an existing two-lane road ( one-lane each direction). Scope of work includes: 1. Potholing for 6 vault locations as identified on SCE’s Preliminary Design Plans for the Rule 2B Project (see Attachment 1) 2. Obtaining the required permit (no fee) from RHCA (see Attachment 2) 3. Restoring the potholing trenches in accordance with RHCA Trench Backfill and Pavement Repairs (see Attachment 3) 4. Provide appropriate Traffic Control, including flagmen where deemed necessary. SECTION 3 - PROPOSAL REQUIREMENTS Proposals will be considered from firms with experience and success in performing potholing services for SCE and based on fee. Please submit the following for consideration. 1. Lump Sum Fee 2. Submit hourly fee schedule for any additional services that may be required. 3. Any exceptions to the contract agreement the selected firm will be required to sign. SECTION 4 - PROPOSAL PROCEDURE All proposals are due no later than 3 pm on April 9, 2024. The City reserves the right to extend the deadline. The City will respond to request for clarification in written RFP addendum(s) as needed. All inquiries shall be directed to Christian Horvath at chorvath@cityofrh.net by 5 pm on April 3, 2024. Please submit the proposal via email to: Christian Horvath City Clerk chorvath@cityofrh.net Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City of Rolling Hills and the firm selected. The City of Rolling Hills reserves the right without prejudice to reject any or all proposals. No reimbursement will be made by the City for costs incurred in the preparation of the response to this Request for Proposal. Submitted materials will not be returned and become the property of the City of Rolling Hills. 408 Page 3 of 3 SECTION 5 – SELECTION/EVALUATION CRITERIA Proposals will be evaluated on fee / hourly fee schedule submitted. SECTION 6 - ATTACHMENTS Attachment 1 – SCE Preliminary Design Plans Attachment 2 – Rolling Hills Community Association Permit Application Attachment 3 – Rolling Hills Community Association Trench Backfill and Pavement Repair Requirements 409 Contact USADial 811 or 800-422-4133UNDERGROUND SERVICE ALERTwww.digalert.org/contact410 Contact USADial 811 or 800-422-4133UNDERGROUND SERVICE ALERTwww.digalert.org/contact411 AABBAABBAA412 413 414 415 416 ExcavationPermit - Updated 2023-1-26.tlfpc ROLLING HILLS COMMUNITY ASSOCIATION 1 Portuguese Bend Road, Rolling Hills, CA 90274 (310) 544-6222; Fax: (310) 544-6766 AGREEMENT FOR EXCAVATION OF EASEMENTS The Rolling Hills Community Association grants permission to: Company / Utility Name Contact Person Street Address City, State, Zip Phone Email May cut and excavate at: Property Address/Name of Street In the area of: Describe job location For the purpose of: Description of work Power Outage/Service Turn-off Required: YES NO Traffic Control Plan included: YES NO Note that any project that requires multiple vehicles and/or trailers be parked or located in any portion of any roadway at a work site or sites will require the applicant to attach to this application a Traffic Control Plan that complies with the “California Manual on Uniform Traffic Control Devices” (most current edition including most current revisions). Applicant agrees that all work will be done in accordance with and limited to the submitted plans and with the attached requirements of this agreement and that the easement shall be restored to its original condition and left in a safe condition. To the extent appliable, all work shall comply with all laws and regulations regulating the activities of the applicant. Prior to the commencement of any work, the applicant shall deliver to the Manager of the Rolling Hills Community Association a certificate of insurance naming the Rolling Hills Community Association as additionally insured for a minimum of three million dollars ($3,000,000). Applicant shall place two inches of temporary pavement on all cuts in all types of existing pavement , or more as may be required by the Manager based on the nature and scope of the project. Applicant shall perform no work nor make any repairs until authorized by the Rolling Hills Community Association except to eliminate an emergency condition. If excavation involves cutting the RHCA roadway, a minimum deposit of $2,500 must be made with the application prior to the start of work. That deposit amount may be adjusted upwards at the discretion of the Rolling Hills Community Association for projects with larger areas of excavation. When said cut or excavation has been filled and repaired to a safe and permanent condition to the Manager of the Association, that portion of the deposit not consumed by Rolling Hills (Staff Use Only) Permit No. _______________ Permit Fee $250 PAID INVOICED Date Issued ______________ Expiration Date (90 Days) _______________ Extension Approved _______________ Expiration Date ________________ 417 ExcavationPermit - Updated 2023-1-26.tlfpc Community Association in its review and inspections shall be released and discharged. In the event that the initial deposit is deemed to be insufficient to cover the costs of the Rolling Hills Community Association in its review and inspections, further deposits may be required, and must be tendered within five working days of each such request. All work sites, working conditions, and work performed must at all times comply with all federal, state, local government and agency laws, general orders, and regulations, including without limitation to those promulgated by OSHA, CAL/OSHA, and the California Public Utilities Commission. The parties agree that if said cut or excavation made in a road is not filled and repaired to a satisfactory usable condition within seven calendar days after completion of the work the Manager shall forthwith cause the same to be filled and repaired and the cost shall be charged against the cash deposit posted with the application, or as may be increased by the Manager. The parties agree that applicant shall be responsible for all loss or damage incurred by the Rolling Hills Community Association. The applicant shall indemnify, hold harmless, and defend the Rolling Hills Community Association in connection with all claims whatsoever regarding any work performed by the applicant in the streets, property, and easements of the Rolling Hills Community Association for a period of fifty (50) years from the date of completion of such work. The applicant shall have no right to settle or compromise any such claims without the express authority of the Board of Directors of the Rolling Hills Community Association. _________________________________ ROLLING HILLS COMMUNITY ASSN. By: By: _________________________________ _______________________________________ Notify the Association Office prior to starting work & once it is completed (310) 544-6222. 418 ExcavationPermit - Updated 2023-1-26.tlfpc EXCAVATION AGREEMENT REQUIREMENTS 1. All work, unless otherwise specified, shall be completed in accordance with the specifications of the Rolling Hills Community Association Trench Backing and Pavement Repair guidelines. 2. One set of plans must be digitally submitted for consideration. Hard copies may be required at the discretion of staff. 3. A copy of this agreement and plans shall be kept on the job at all times. If a utility pole is being replaced, a copy of this permit must be provided to the gates with the delivery of the pole. 4. A traffic control plan that conforms to the latest edition of the State of California MUTCD must be submitted with the completed application. Traffic control measures are required and must be discussed with and approved by the RHCA’s staff prior to issuing the permit. Flag men are required if any portion of a lane is closed. One lane of travel must be maintained at all times. If it is necessary to completely close the road, the contractor must contact the RHCA office a minimum of TWO WEEKS in advance to discuss and make proper arrangements. 5. Trail closed signs are required if any portion of a bridle trail is closed and the contractor must contact RHCA’s Maintenance Supervisor at (310) 541-3544 to make such arrangements. 6. Utility poles or other structures that require a helicopter set must be arranged with the RHCA office a minimum of TWO WEEKS in advance to discuss and make proper arrangements. 7. The contractor is required to notify the RHCA Office prior to the start of work. It is the responsibility of the utility/contractor to notify any affected homeowners of power outages. 8. The contractor must acquire permission from the property owner prior to working or accessing any private property. 9. Proof of Dig Alert notifications for all areas subject to excavation must be provided in advance of the commencement of any underground work. 10. Dig Alert/USA and other utility markings on roads must be entirely removed at the completion of work. No permanent paint or other marking shall be permitted at any time. 11. Bridle Trails and road shoulders disturbed by excavation must be restored to original conditions (signs and mailboxes re-set, decomposed granite or other special surfaces replaced.) 12. If a utility pole is removed, it must be removed by the applicant from the area of the Rolling Hills Community Association for disposal or other disposition. 13. Applicant shall be legally and financially responsible for all damage caused by it to the property of the Rolling Hills Community Association and its members. 419 Rolling Hills Community Association TRENCH BACKFILL AND PAVEMENT REPAIRS NOTES BELOW GROUND 1A. SEE STANDARD PLAN 2A. FOR TRENCHES LONGER THAN 200’ OR LARGER THAN 1,000 SQUARE FEET, A LICENSED SOILS ENGINEER SHALL BE PRESENT TO MONITOR THE NATIVE OR IMPORTED BACKFILL OPERATION AND TEST FOR COMPACTION AT 100’ OR 200 SQUARE FOOT MAXIMUM INTERVALS. 3A. IN AREAS NOT IN EXISTING ROADWAY, BACKFILL SHALL BE COMPACTED TO A RELATIVE COMPACTION OF 90% 4A. EXCAVATED MATERIAL NOT APPROVED FOR USE IN TRENCH BACKFILL SHALL BE REMOVED FROM JOB SITE UNLESS OTHERWISE USED IN THE WORK. 5A. WHERE WET, UNSTABLE OR RUNNING SOIL IS ENCOUNTERED, SOLID SHEATHING IS REQUIRED FOR ALL VERTICAL TRENCH WALLS. 6A. ALL SHORING SHALL BE DESIGNED BY A CIVIL ENGINEER IN ACCORDANCE WITH SOIL REPORT. VISIBLE SURFACE: 1B. CRACKS SHALL BE SEALED AND A TYPE 2 SLURRY SEAL COATING WITH 2% LATEX SHALL BE APPLIED FROM LANE LINE TO LANE LINE FOR LONGITUDINAL TRENCHES GREATER THAN 200’ IN LENGTH FOR ANY LANE AFFECTED. METHODOLOGY 1C. AT THE END OF EACH WORK DAY, ANY TRENCH IN AN ARTERIAL ROAD SHALL BE COVERED BY NON- SKID STEEL PLATES OR BE PAVED WITH TEMPORARY OR PERMANENT PAVEMENT FLUSH WITH ADJACENT PAVEMENT SURFACES. SECURED IN PLACE, RAMPED WITH A.C. AND NOT USED FOR MORE THAN 48 CONSECUTIVE HOURS ON THE SAME SEGMENT OR TREN CH. “PLATE AHEAD’ SIGN9S0 SHALL BE PROPERTY INSTALLED WHEN PLATES ARE IN USE. OTHER CITY STREETS MAY HAVE LESSER REQUIREMENTS AND WILL BE CONSIDERED ON A CASE BY CASE BASIS. 2C. ALL TRAFFIC LANES SHALL BE CLEANED AND RESTORED FOR USE IMMEDIATELY UPON PL ACEMENT OF TEMPORARY A.C. PAVEMENT, TRENCH PLATES AND/OR FINAL A.C. PAVEMENT. 3C. ALL TRAFFIC STRIPING AND/OR MARKING(S) REMOVED OR DAMAGED DURING CONSTRUCTION SHALL BE REPLACED IN KIND AS DIRECTED. 4C. TRAFFIC CONTROL SHALL BE PER CONTRACTORS “CONST RUCTION TRAFFIC CONTROL PROCEDURES ON CITY STREETS” AS SUBMITTED TO AND APPROVED BY THE RHCA. 5C. A COLLECTION DEVICE SHALL BE USED TO COLLECT SEDIMENTS GENERATED DURING SAWCUTTING OPERATION. 6C. ALL PAVEMENT REMOVALS SHALL USE STRAIGHT LIGHT SAWCUTS A MINIMUM OF 1.5” DEEP. M: Road Standards/Trench Backfill and Pavement Repair Specifications – Updated 2019-02-21 420 421 422 EXHIBIT “A-1” FEDERAL PROVISIONS During the performance of this contract, Designer shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. 1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Designer shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Designer shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E) (A) Costs under this contract must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Designer. 3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) 423 (A) Designer shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency administering the funds for which this Project is funded (“Federal Agency”), Inspectors General, the Comptroller General of the United States, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Designer's personnel for the purpose of interview and discussion related to the books and records. (B) The Designer agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Designer agrees to provide the Inspectors General, the Comptroller General of the United States, and the State of California or their authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326) (A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. (i) Termination for Convenience. The City may, by written notice to Designer, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Designer of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Designer for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Designer shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Designer prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Designer fails to perform pursuant to the terms of this contract, the City shall provide written notice to Designer specifying the default (“Notice of Default”). If Designer does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Designer fails to cure a default as set forth above, the City may, by written notice to Designer, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Designer shall be compensated for that portion of the work or materials provided which has been 424 fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Designer's deficiencies and charge the cost thereof to Designer, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees. (iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Designer’s performance of the work. (iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Designer shall promptly discontinue the work unless the Notice directs to the contrary. Designer shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Designer acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Designer shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Designer shall be entitled to receive only the amounts payable under this Section, and Designer specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Designer shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60: (i) Designer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Designer will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Designer agrees to post in conspicuous places, available 425 to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (ii) Designer will, in all solicitations or advertisements for employees placed by or on behalf of Designer, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. (iii) Designer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Designer's legal duty to furnish information. (iv) Designer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Designer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) Designer will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of Designer's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) Designer will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of 426 Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Designer will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Designer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Designer may request the United States to enter into such litigation to protect the interests of the United States. (C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: [Not Used. Does not apply to design professional services. 29 CFR § 5.2] (D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Designer shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the City of Columbia or a territory, to such City or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, 427 from any moneys payable on account of work performed by the Designer or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) The Designer or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: (i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City. (ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Designer shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000. 428 (ii) Pursuant to the Federal Water Pollution Control Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000. (G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Designer is required to verify that none of the Designer, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Designer must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Designer did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Designer warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Designer also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Designer further agrees to notify the City in writing immediately if Designer or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Designer shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Designer shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Designers that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of 429 Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials: (i) Designer shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this contract, the Designer shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg - program. 5. MISCELLANEOUS PROVISIONS (A) Designer acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Designer’s actions pertaining to this contract. (B) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Designer, any subcontractors or any other party pertaining to any matter resulting from the contract. (C) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments. (i) General and administrative expenses shall be negotiated and must conform to the Cost Principles. (ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Designer, the Designer's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 430 (iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Designer exceeds at its own risk. 6. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/. Designer shall comply with all of City’s obligations City’s obligation with respect to Section 70914 of the Bipartisan Infrastructure Law as a Recipient of a award for Federal financial assistance in the performance of this Agreement as a condition of this Agreement. 7. ADDITIONAL TERMS. a. The project will be subject to National Environmental Policy Act (NEPA) as well as the California Environmental Quality Act (“CEQA”). 431 b. The project will be subject to Section 504 of the Rehabilitation Act and the Architectural Barriers Act Standards. c. Plans, specifications, all contractor solicitation documentation and contract documents must be submitted to USDA Rural Development for review and concurrence. d. The construction project may be subject to the Build America Buy American (BABA) requirements. If so, the following provisions should be considered during design and must be added to the bidding and construction contract documents: i. Information for Designer: This contract is expected to be funded in whole or in part using funds from the Infrastructure Investment and Jobs Act. Section 70914 of the IIJA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR 25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. {The following waivers apply to this project:} ii. Supplemental General Conditions: This contract is expected to be funded in whole or in part using funds from the IIJA. Section 70914 of the IIJA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR 25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. {The following waivers apply to this project:} e. If the Project receives an Emergency Rural Healthcare Grant (ERHC), compliance with the prevailing wage requirements of the Davis-Bacon and Related Acts will be required for contractors and subcontractors performing construction. Before bidding, the general wage determination from the Department of Labor website (htpps://www.dol.gov) must be added to bid documents and all contracts covered by the Act must include the statement “The contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.” Labor standards provisions from 29 CFR 5.5(a) must be included in every contract. f.. If the existing building is classified as Historic, compliance with Section 106 of the National Historic Preservation Act of 1966 (NHPA) will be required. 432 EXHIBIT “B” FEE 1. FEE SCHEDULE. Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City. 433 434 435 436 Michael Escajeda 4/9/2024 437 438 E.E. Electric, Inc. RESIDENTIAL, COMMERCIAL & INDUSTRIAL P.O. BOX 465, JURUPA VALLEY, CALIFORNIA 91752 (909) 829-7818 April 9, 2024 Christian Horvath City Clerk City of Rolling Hills RE: Exception to Professional Liability Insurance Requirement Project: Potholing Services in Support of Eastfield Drive SCE Rule 20B Project- Solicitation No. GR_OES_240325_Eastfield_UU_20B_Potholing_RFP Dear Mr. Horvath, E.E. Electric, Inc. takes exception to section 3.14.6 titled Professional Liability (Errors & Omissions) requirement that is located in the sample contract agreement. This type of insurance generally deals with the designing of construction plans. E.E. Electric, Inc. is not a designing/engineering firm and will not be designing any plans for the city regarding potholing services. E.E. Electric, Inc. will be working (constructing) off of the designs that the City of Rolling Hills will be providing. That is why we are taking an exception to this insurance requirement. If there are any questions, please call. Thank you for your attention in this matter. Sincerely, Michael Escajeda E.E. Electric, Inc. 439 E.E. Electric, Inc. P.O. Box 465, Mira Loma, CA 91752-0465 11127 Calabash Avenue, Fontana, CA 92337 Phone (909) 829-7818 Fax (909) 829-0118 April 9, 2024 Potholing Services in Support of Eastfield Dr. SCE Rule 20B Project Underground Civil Rates Normal Rate Overtime*Premium Rate* Superintendant $187.00 $233.00 $290.00 Foreman $180.00 $222.00 $266.00 Operator $177.00 $216.00 $264.00 UG Tech $145.00 $180.00 $233.00 Please Note: Labor Rate effective period is from June 1, 2023 -May 31, 2024 Labor Rate will change again on June 1, 2024 per labor contract with IBEW Local 47. *Overtime and Premium rates are based on continous work to be performed after normal working hours. Thus no subsistence has been included on overtime or premium time. If crews are called out on Overtime/Premium time on Holidays and/or weekends a Fifty Dollar ($50.00) subsistance shall be added to each day of work for each employee. Labor Rates-City of Rolling Hills 440 E.E. Electric, Inc. P.O. Box 465, Jurupa Valley, CA 91752-0465 11127 Calabash Avenue, Fontana, CA 92337 Phone (909) 829-7818 Fax (909) 829-0118 April 9, 2024 Equipment Classification Arrow Board $22.00 Hourly Rate Compressor (Air) w/tools $21.50 Hourly Rate Generator $8.00 Hourly Rate 10 Yrd Dump Truck $70.50 Hourly Rate 5 Yrd Dump Truck $59.50 Hourly Rate Cat Skid Steer $56.50 Hourly Rate Ford F150 $28.00 Hourly Rate Ford F250 $30.00 Hourly Rate Ford F350 $31.00 Hourly Rate Ford F450 $42.50 Hourly Rate Ford F550 $47.50 Hourly Rate Ford F550 Saw Truck $57.00 Hourly Rate John Deer Back Hoe 710 $85.00 Hourly Rate John Deer Back Hoe 410 $71.50 Hourly Rate Light Tower $19.00 Hourly Rate Roller $42.50 Hourly Rate Stomper $59.50 Hourly Rate Tack Machine $21.00 Hourly Rate Water Buffalo $25.50 Hourly Rate Mini Excavator $49.50 Hourly Rate Rammer Compactor $18.50 Hourly Rate John Deere Backhoe w/Breaker $126.50 Hourly Rate Torpedo Missile 3"$20.00 Hourly Rate Torpedo Missile 4" $18.50 Hourly Rate Torpedo Missile 5"$18.50 Hourly Rate Civil Material Trailer $21.00 Hourly Rate Dodge Ram 4500 $45.00 Hourly Rate Dodge Ram 5500 Dump Truck $49.50 Hourly Rate * - Equipment rented on an hourly basis will be subject to a 6 hr minimum. ** - Equipt and Operator time is based on a portal to portal charge. ***Non owned contractors equipment will be charged at rental + 15% Equipment Rates-City of Rolling Hills 441 SUPPLIER CLEARINGHOUSECERTIFICATE OF ELIGIBILITYCERTIFICATION EXPIRATION DATE: December 20, 2026The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission herebycertifies that it has audited and verified the eligibility of:E. E. Electric, Inc.Minority Business Enterprise (MBE)pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. ThisCertificate shall be valid only with the Clearinghouse seal affixed hereto.Eligibility must be maintained at all times and renewed within 30 days of any changes in ownership or control. Failure to complymay result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status wasobtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under whicheligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional informationor conduct on-site visits during the term of verification to verify eligibility.This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utilitycompanies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998.VON: 90FS0046 DETERMINATION DATE: December 20, 2023442 E.E. Electric, Inc. P.O. Box 465 Jurupa Valley, CA 91752 (909) 829-7818 Fax (909) 829-0118 Website: www.ee-electric.net MAJOR CONTRACTS COMPLETED & IN PROGRESS General Description E.E. Electric, Inc. is a California resident, minority owned business with the principle stockholders making all the day to day operation decisions. We are licensed in California, and certified as a minority business enterprise by the minority clearinghouse and other agencies. We are also certified as a small business enterprise by the State of California Department of General Services. Copies of certificates are available on request. E.E. Electric’s offices are located in Fontana, California. E.E. Electric’s general area of operations is in the Southern California area, and has done projects for California Utilities and the Federal Government. We perform all types of work related to power line construction, including overhead and underground distribution, reconductoring, pole line relocating, cable splicing and construction or modification to substations. Although we specialize in high voltage utility work, we are not limited in our capabilities. E.E. Electric also does re-conductor of existing facilities (upgrades and modifications), installation, removal or maintenance of street lighting facilities and fixtures, electrical wiring for commercial, industrial and residential buildings, maintenance of existing electrical wiring and modifications to new or existing facilities to meet federal and state codes. Current and Past Projects Year Completed, Type of Work, for Whom Performed, Location December 2022-Present Douglas Design Build City of Chino Hills TR12190 Reserve Apt. Buildings Village Drive & Satinwood Court Project #2196827 Project consisted of substructure work based off of plans by Southern California Edison, Spectrum, and Frontier Communications. Project consisted of installation of 3” & 4” conduit, installation of pull boxes, installation of padmount transformers 25KVA to 100 KVA, installation of 1/0 primary cable and secondary URD cable, installation of pot head terminations, installation of j bars, and coordinate switching with utility (Southern California Edison-SCE project info. District #34, TD1850806, R15, Tract#12190). May 2010-Present-City of Anaheim-Master Agreement Preapproved to bid on projects coming out of City of Anaheim’s Public Utilities Electrical Division. Project limit for each project $500,000.00 April 2010-Present-City of Riverside-Contractors Panel Preapproved to bid on projects coming out of the City of Riverside’s Public Utilities Electrical Division. Each project limit is set at $500,000.00 April 2004-Present-City of Riverside/Contractors Panel, Qualified Electrical Contractor (QEC) Agreement with City of Riverside to provide vault standby service including mandreling of conduit, To various contractors wanting access to City of Riverside Utilities. Contract ongoing. 443 May 2022-September 2023-City of Anaheim City of Anaheim Master Agreement FY 21/22 Direct Buried Cable Replacement-Electrical Construction & Street Restoration Project consisted of outage coordination, switching and appurtenances necessary for the installation of primary cable, service/secondary cables related work upgrading the existing underground 6.9kV system. Work also consisted of removeal of existing riser at pole, installation of 1-1/0 AWG AI 7 STR 15kV EPR With concentric neutral 6.9kV primary cable, complete connection and energize. Installation of 2-350 MCM A1, and 1-1/0 A1 triplex 600V service/secondary cable and complete connections. Work at R- 216/917 S. Royal Ridge Dr., S. Whitestone Dr., S. Ramsgate Dr., E. Hillgate Lane & Trail Drive September 2023-G&D Construction (Prime Contractor) City of Riverside-Mega Mart, Car Wash & Starbucks Project Location: 1600 Central Ave. & 5102 Sycamore Canyon Blvd. Work was completed off of City of Riverside Drawings Project consisted of intercepting 3 each of 4” conduits and 1 each of 2” conduits. Excavate and chip energized duct banks to expose conduits and extend facilities. Installation of conduits into PJC and underground vault. Trench for multiple conduits and extend from PJC and underground utility vault. Backfill, compact area with grind and cap/street restoration. September 2021-June 2023 City of Fontana Contract#SB02DE22 Etiwanda Avenue and Slover Avenue/Airport Drive SCE Underground Project Project consisted of the installation of underground utility vaults, with installation of communication/electrical duct banks for underground utility facilities per Southern California Edison’s specifications. Conduit was installed between various underground electrical vaults and from utility vaults to utility power poles. Project located between the City of Fontana and the City of Ontario. May 2022-April 2023-City of Riverside RPU-7916 PO#232613 Gibraltar Drive Cable Replacement Project Project consisted of replacement of obsolete underground cable. Installation of new duct back system, installation of conduits, installation of electric service box, installation of CST retrofit lid (Torsion Assist Lid), replacement of concrete sidewalks, cross gutters per City of Riverside’s specifications and plans. May 2020-Decmeber 2022 City of Anaheim Public Utilities Dept. Underground District 65 Phase 1 The scope of work for project is construction and installation of conduit, substructures and related work for 12kV underground substructure system, installation of communications system. Substructure work consists of installation of 12kV underground cables, switches, splices, surge arresters, transformers, pole risers, terminators, and grounding. The project also consists of installation of secondary service cables to connect and complete residential/commercial/industrial service conversion, and connection of street light system, communications system including fiber optics, traffic signal and the removal of overhead poles. February 2021-September 2022 City of Anaheim Master Agreement FY 20/21 Vault Adjustment Project at Various Locations Project consisted of adjusting to final grade existing vault lid(s), manholes(s), parkway cover(s), grade rings(s), and/or cement collar(s) within an area to be paved and graded. Manhole(s)/substructure(s) within an area to be paved or graded shall be protected in place. Work also consisted of installation of primary and secondary concrete encased conuit systems, installation of electrical substructures such as vaults, transformer pads, primary and secondary pull boxes. The project also has installation of various electrical equipment such as primary and secondary conductors, primary risers, overhead line and/or neutral conductors, primary and secondary connections and terminations as noted on city plans for the construction and installation of 6.9kV and 12kV single and three phase underground and overhead electrical systems. 444 September 2022-September 2022 Quick Quack Express Car Wash on Arlington Avenue, Riverside, CA Prime Contractor Baxter Electrical Contractrs, Inc. City of Riverside Work Order#2223320/Project No. 220001-01/Ref Drawing U5-2123134 Project was done with the City of Riverside’s drawings for the intercept of 1-4”conduit and 1-2” conduit and bring conduit into C1387 up to 20ft. Project also consisted of core drilling into C1387 to gain access, 90 degree sweeps, and a Qualified Electrical Worker (QEW) for one day. E.E. Electric, Inc. was subcontractor to prime contractor. April 2020-July 2022 City of Anaheim Master Agreement FY 19/20 Electric Pole Removal, Rear Property Undergrounding, & Street Lighting Additions Project consisted of removal of overhead utility poles and associated hardware (electric overhead system facilities). Installation of URD transformers, 15kV EPR cable, secondary XHHW-2 cable and secondary HOMAC connectors for undergrounding a rear property overhead system, and restoration of area and disposal of wood utility poles. Installation of LED fixtures on existing utility wood poles at various locations within the City of Anaheim. April 2022-June 2022 City of Anaheim Master Agreement FY 21/22 Direct Buried Cable Replacement and Substructure Construction Project consisted of replacement of existing underground 6.9kV system. Installation of primary concrete- encased conduit duct bank systems and secondary conduit systems in open trenches. Furnishing and installing electrical substructures such as primary and secondary splice/pull boxes; mandrelling conduits, installing pull ropes, installation of City approved galvanized steel conduit for the replacement of direct buried cable. March 2022-March 2022 Palcrete, Inc. Van Buren Blvd., Riverside, California Project: Express Carwash-Project consisted of installation of underground electrical facilities per City of Riverside Plans, and electrical standards. Installation conduit, electrical foundations, pullbox and street light cables. January 2022-May 2022 Prime Point Property Valley Blvd., Fontana, California Project consisted of installation of underground facilities per Southern California Edison, AT&T, and Spectrum specifications. Installation of underground conduit various sizes, installation of underground utility vaults, installation of copper cable, installation of 4/0 copper from utility vault to riser pole, installation of manhole, installation of pullbox and installation of padmount structures. August 2021-May 2022 City of Riverside Contractor’s Panel Project PO#222755 RPU 2103 Circuit 1502 Switch and Cable Replacement Located at 3520 Tyler Street Project consisted of installation of 35 ft power pole and secondary riser, furnish and install one pad- mounted switch enclosure (PSE) slab box and two pad-mounted junction cabinet (PJC) slab box, trench 104 feet with installation of 1 inch, 4 inch and 5 inch conduit installation. Installation of protective barrier, core drill vault structure. Removal of concrete and existing tree, backfill trench and restore concrete and asphalt. March 2021-December 2021 City of Anaheim Master Agreement FY 20/21 LED Street Light Improvement Project-Master Arm Replacement Project consists of providing labor, material, tools, and equipment for the installation of new street light mast arms at various locations within the City of Anaheim. 445 February 2021-December 2021 City of Anaheim Master Agreement FY 20/21 Direct Buried Cable Replacement at Various Locations and Fiber Access to Peralta Park Project consisted of replacing existing underground 6.9kV system. Scope of work consisted of furnishing and installing primary concrete encased conduit duct bank systems and concrete encased conduit for secondary conduit sytems. Work also included installation of electrical substructures such as vaults, transformer pads, primary and secondary splice/pull boxes; mandrelling conduits. Installation of City approved galvanized steel conduit for the replacement of direct buried cable. September 2019-September 2021 City of Anaheim Public Utilities Dept. Manchester Electric Line Extension & Electric Reliability Improvement Project FY 18/19 Project consisted of replacement of deteriorated (wood) utility poles and upgrading electrical facilities. Installation of 12kV conduits and substructures for 12kV electrical underground system and installation of 12kV cable for direct buried cable replacement (12kV electric line extension) and communication system (including fiber optics). Project also consisted of streetlight additions and replacements within the City of Anaheim. November 2018-July 2021 City of Anaheim Master Agreement Underground Automation 4/7 Project consisted of measuring gas pressure levels on GSE switches, automate GSE switches with installation of associated hardware, automate PMC's with installation of associated hardware, install fault indicators, installation of concrete pads, relocation of potential transformers to the source side of wood utility poles. April 2021-June 2021 City of Pasadena Clifton Alley Project Contract#31926 Project consisted of upgrading distribution system from 4kV to 17kV. Replacement of utility power poles, replacement of cross arms with transfer of transformers, capacitor banks, overhead primary conductors and all other hardware associated with utility pole and cross arms. Installation of primary and secondary overhead cable. Removal (teardown) of old utility poles and overhead and secondary cables, span guys, and associated hardware. January 2020-December 2020 City of Anaheim Master Agreement FY 19/20 GSE Replacement, Utility Pole High Voltage Sign Replacement & Vault Lid Replacement Project consisted of replacement of Gas Enclosure Switches (GSE) with Solid Dielectric Switches (UDS). Transporting removed 15kV vault mount GSE switches to the City's yard, installing 15kV submersible vault mount Solid Dielectric 4-Way Switches, adjusting cable and related equipment to accommodate new switches, install switch motor operators and related equipment, reconnect Remote Terminal Unit and related equipment, and connect primary cable to switches. October 2019-August 2020 Friends of Riverside Airport, LLC Agreement #MSA-190603/Contract #2019-0603/Project #150017-04/Tract 28987 Dry Utility Improvement Installation of various conduit sizes (1"to 5") for electric and streetlight facilities. Also performed trenching for joint underground facilities for telephone equipment based on the approved plans and scope by the City of Riverside and AT&T. October 2019-June 2020 Sator Oil Work Order#1908362 Tract 31542 Lots 4, 5, & 7 Installation of various conduit sizes (2"to 5") for electric and streetlight facilities. Installation of 3x5x4 pull boxes, installation of Pedestals, and grounding Hand Holes. Also performed trenching for joint underground facilities for telephone equipment based on the approved plans and scope by the City of Riverside and AT&T. 446 October 2019-March 2020 City of Riverside PO#2020868 Cable Rejuvenation at Canyon Crest-Areas 3 & 4 Project consisted of testing and treatment of up to 30,878 feet of cable. Cable was #2 Al 15kV HMPE and XLPE in conduit. Work was also in conjunction with minor GO165 repairs and upgrades. November 2015-October 2019-City of Pasadena-Furnishing Labor & Materials for Overhead, and Underground Projects. Repair and maintenance of overhead and underground facilities, underground GO 165 inspections. Work consisted of, but not limited to pulling and splicing of underground cable, installing crossarms, poles switches, performing teardowns of existing facilities. Contract #30216 October 2018-October 2019 City of Moreno Valley Contract #2018-401 Project No. 805-0044-30-80-Alessandro Crosstown Tie; Conduit, Cable, and Related Electrical Infrastructure Project consisted of installation of and energizing a new 12kV electrical backbone system within the City of Moreno Valley. This includes installation of conduit, underground structures, and cable along with related electrical facilities to tie the city's electrical distribution system's MOVAL Substation Planning Area to its Centerpointe Planning Area. February 2019-September 2019 Subcontractor to Prime; Prime Contractor-Hensel Phelps Subcontract No. 4018158.0250500-Southern California Consolidation Project State #140769 SCCP-Riverside Project consisted of installation of underground conduits from and to existing underground transformers. Installation of underground conduits for streetlight hand holes, underground utility vaults, and manholes, mandrel test of all conduit with reports, tree removal, installation of communication box, installation of traffic pull box. August 2018-August 2019 Subcontractor to Prime; Prime Contractor-Mel Smith Electric, Inc. Apex Job No. 091-SDLA-062-Electrical Upgrade at DFSP San Pedro Naval Base Project consisted of installation of underground and overhead 34.5kV and 2.4kV electrical system and associated hardware. January 2019-June 2019 City of Riverside PO#194019 RPU 7583-15kV Circuit Breaker Remote Racking System Installation Project consisted of installation of Safe-T-Rack remote racking systems on thirteen (13) switchgears located at six (6) substations. This included installation/retrofitting remote racking system to Switchgear (85 switchgear breaker units) and infrared windows. January 2019-February 2019-City of Pasadena Contract#31328 Alpine Street Utility Pole Removal Project consisted of removal of 25 obsolete utility poles within Pasadena as part of the City's program to underground all overhead electric systems, specifically communication and power lines. The project location was along Alpine Street from S. Marengo Avenue to El Molino Avenue approximately one half mile. November 2018-February 2019 City of Anaheim Master Agreement Yorba Substation Switchgear Upgrade Project (Phase 2) Project consisted of removal and replacement of 12kV cables, mandrel 12kV duct banks, utility pole removals with associated hardware (crossarms, anchor guys), removal and replacement of transformers with associated hardware, installation of 15kV clamps connectors jumper, installation of duct banks, demolition of manholes with backfill per City requirements. 447 January 2018-October 2018-City of Anaheim Master Agreement Telecommunication facility installation and relocation of facility; utility pole removal. Project consisted of repair and installation of telecommunications infrastructure and security equipment to both underground and aerial facilities. The new facility equipment was connected to existing City underground and aerial facilities. August 2018-August 2018-Montebello School District Subcontractor to Prime; Prime Contractor-Pacifica Electrical Contractors Inc.-PO#12588 Montebello Intermediate School Interim Housing-Phase I Overhead Cable Installation onto Wood Utility Poles Project consisted of installation of 4/0 Aluminum Triplex and Quadplex conductor and associated hardware onto wood utility poles October 2017-April 2018 -City of Anaheim Master Agreement Installation of primary concrete-encased conduits (2-4") duct bank system with substructures such as switch vault, primary pull box, mandrel conduits, installing pull robes. Rehabilitation of 12kV overhead circuit to improve system reliability. Installation of primary and secondary conductors, primary risers, overhead line and/or neutral conductors, primary and secondary connections, and terminations. Project also included power pole replacements with transfer of services including street light hardware. Replacement of 30,000 Lumen street lights with LED equivalent, 200 watt street light utilizing the existing street light mast arm on wood distribution pole. October 2016-April 2017-City of Anaheim Master Agreement Provide labor and equipment to install primary/secondary service conduit and related work upgrading the underground system. Work also consisted of excavating and backfilling of underground facilities, replacing/transferring utility poles, primary and secondary wire, cross arms, transformers, cutouts, lighting arresters, streetlights, bird guards/covers, guy wires, guy anchors and all other associated hardware. August 2016-April 2017-City of Anaheim, Master Agreement Repair and install telecommunications infrastructure and security equipment, both underground and aerial, and connect equipment to existing City equipment. Installation of 24-strand and 6-strand fiber optic multimode cable, using electrical duct banks to various electrical vaults, communication vaults and PMC cabinets. July 2016-April 2017-City of Anaheim, Master Agreement Replacement of existing underground 6.9 kV systems. Installation of primary concrete-encased conduit duct back system, and concrete encased secondary conduit system in open trenches. Work also included installing electrical substructures such as electric vaults, transformer pads, primary and secondary splice/pull boxes, mandrelling conduits, installing pull ropes. June 2016-October 2016-City of Anaheim, Master Agreement Replacement of 12kV distribution vault V-58, and installation of communications vault. Installation of primary concrete-encased conduit duct back system, and concrete encased secondary conduit system in open trenches and other electrical substructures such as electrical vaults, transformer pads, primary and secondary pull boxes, mandrel conduits. Work also included rehabilitation of 12kV overhead circuit to improve system reliability. Installation of primary conductors, primary riser, overhead line and/or neutral conductors, primary and secondary connections and terminations, overhead transformer and pole replacements. 448 October 2016-November 2016-City of Riverside, Contractor's Panel Project Cable Rejuvenation Pilot Project. Work consisted of testing and treating 8,500 feet of #2 AI 15kV HMPE and XLPE cable in conduit in conjunction with GO 165 repairs and upgrades. December 2015-July 2016-City of Riverside Casa Blanca Substation Circuit 1351 Extension for California Baptist University Campus Capitol Improvements. Installation of substructures, vaults, duct banks, and trenching for underground electrical system. January-March 2016-City of Anaheim, Master Agreement Relocate Overhead & Underground Electrical Lines & Direct Buried Cable Replacement Replacement of existing underground 6.9kV system. Installing primary and secondary concrete-encased conduit duct bank system. Installation of underground vaults, transformer pads, primary and secondary splice/pull boxes. Installation of direct buried cable. August 2015-December 2015-City of Anaheim, Master Agreement Direct Buried Cable & Pole Replacements Installation of 6.9kV primary, service/secondary conduit and related work upgrading the underground system. Installation of 1-2” street light SCH 80 PVC conduit. Installation of cable for streetlights and make connections, splice and redirect existing services and street light cable into new pull boxes. Work also consisted of replacement of existing utility poles and wires per design. July 2015-October 2015-City of Anaheim, Master Agreement Vault 1 Rehab and Vault 2 Demolition Work consisted of rehabilitation of Vault 1 with installation of structural panelized vault system within vault. Demolish Vault 2, and associated fiber optic relocation work. September 2010-June 2015-Burns & McDonnell Tower Inspections-SCE Tehachapi Renewable Transmission Project Segments 4-11 located in Antelope Valley, CA Inspection of lattice steel towers and pole climbing inspections from ground and air. Inspections of foundation conductor stringing, overhead ground wire installation, fiber optic cable installation and all related hardware. Various Work Orders. Word Order package number one Contract term September 2010-December 2011 Work Order package number two Contract term January 2011-December 2011 Work Order package number three Contract term November 2010-December 2011 August 2014-August 2015- City of Anaheim, Master Agreement GSE Switch Replacements Work consisted of replacing existing GSE switches, and primary underground cables with new Vista gas switches (VGS) and primary underground cables. September 2014-April 2015-City of Anaheim, Master Agreement Automate 13 Existing Overhead 12kV Capacitor Banks & Install 2 New Capacitor Banks Work consisted of upgrading fifteen pole type capacitor (CAP) banks located on the Knott, Cindy, Jewel, Keith, Long, Ranch and Toni 12kV Circuits. 449 August 2014-April 2015- City of Anaheim, Master Agreement Fiber Access to Mira Loma Park, Community Center and Well #58; Direct Buried Cable Replacement R- 163/R-164 Work consisted of replacement of 6.9kV system. Furnishing and installing primary concrete-encased conduit duct bank systems and concrete encased secondary conduit systems. Installation of vaults, transformer pads, primary and secondary splice/pull boxes. Project also consisted of repair and installation of telecommunications infrastructure and security equipment. March 2014- December 2014 City of Anaheim, Master Agreement Orangethorpe Grade Separation Project at Lakeview Avenue- 12kV Electrical Installation and Removal and Fiber Optics Access to Fire Stations #9 and 10, and TW Telecom. The work shall consist of furnishing all labor, materials, tools, equipment for the installation and removal of 12kV overhead and underground electrical facilities to accommodate the Orangethorpe Grade Separation Project.. February 2014-October 2014- City of Anaheim, Master Agreement Direct Buried Cables Replacement R-378/461 at Leafwood Drive. Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes. February 2014-October 2014- City of Anaheim, Master Agreement Direct Buried Cable Replacement R-281/509 at Leafwood, Burlwood, and Rimwood. Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes. February 2014-June 2014 City of Anaheim, Master Agreement Direct Buried Cable Replacement R-400/405 on Grinnell St. and Kentucky Ave. Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes. November 2013-March 2014 City of Anaheim, Master Agreement Direct Buried Cable Replacement of Riser Loop R-212/213 at Woodsboro Avenue and Big Spring Street. Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes. November 2013- February 2014 City of Anaheim, Master Agreement Direct Buried Cable Replacement R-213 at Woodsboro Ave, Kettle Mill Place and Hinsdale Place Work consisted of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Also includes furnishing and installing primary concrete-encased conduit duct bank systems in open trenches, electrical substructures such as vaults, transformer pads, primary and secondary splice/pull boxes; mandrel ling conduits, installing pull ropes, utilizing approved state-of-the-art directional boring equipment to install City approved galvanized steel conduit for the replacement of direct buried cable in specified locations within the City of Anaheim September 2013-January 2014 City of Anaheim, Master Agreement Substructure/Conduit Install for Future UG Conversion Project Westmont Ave. Work shall consist of furnishing all labor, materials, equipment, truck stock material, and appurtenances necessary for the replacement of existing underground 6.9kV systems. 450 November 2013-December 2013 City of Pasadena Contract No. 21,534/Specification LD-13-8 Construction of Underground Electrical Conduit Systems in City Yards for Test Lab Power Work consisted of removal and replacement of existing concrete and asphalt pavement, conduit installation including concrete encasements, install precast concrete vaults and boxes with covers, vents, ground rods, sump pump piping and necessary accessories, installation of new 600 volt switchgear foundation and pull boxes. October 2013-December 2013 City of Riverside, Contractor's Panel Project Bid#1325777-14RPU Work consisted of installation of underground electric vault, manhole, switch structure and conduits to serve a new commercial building for the Riverside Community Hospital Expansion. July 2013-December 2013 City of Anaheim, Master Agreement Relocation of Overhead to Underground 12kV and Fiber Optics Facilities for Lincoln Avenue Work consists of potholing and intercepting an existing 12kV and fiber optics cable in an existing concrete encased conduit duct bank and re-routing the duct bank to a new riser pole. The work also includes removing the existing 12kV fiber and fiber optic cables from the existing vault to the existing underground riser pole and replace with new cable from the vault to the new riser. June 2013–December 2013 City of Anaheim, Master Agreement V49 Replacement – Substructure, Electrical and Automation Installing primary concrete-encased-conduit duct bank system and concrete encased secondary conduit system in open trenches, install other electrical substructures such as vaults, transformer pads, primary and secondary pull boxes. Install 6” & 4” DB 100 PVC concrete encased primary conduit system, a 4” concrete encased secondary conduit system, and primary splice/pull boxes. August 2013-November 2013- City of Anaheim, Master Agreement Substructure and Conduit Installation Direct Buried Cable Replacement Callout for Emergent Locations & Overhead Copper Cable/ Pole Removals. Work consist of furnishing all labor, material, tools, equipment, truck stock material, and appurtenance necessary for the replacement of existing underground 6.9kV systems and to remove and dispose of poles and overhead copper communication cables. June 2013-November 2013 City of Anaheim, Master Agreement Direct buried cable replacement of Riser Loops R-715/718 and R-716/717 Work consists of replacement of installing primary 6.9kV systems. Installing primary concrete-encased conduit duct bank systems, and concrete encased secondary conduit systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes. June 2013–September 2013 City of Anaheim, Master Agreement FY 12-13 Graffiti abatement program – Graffiti removal and artificial Ivy installation on padmount equipment. December 2011–September 2013- Kenny Construction Company – Devers-Palo Verde No. 2 500kV and 220kV Transmission Line, Substation and Related Work Project. Located at various locations along the transmission line route in Southern California. Kenny Construction is now known as Granite Construction. 451 June 2013–August 2013 City of Anaheim, Master Agreement Direct buried cable replacement - Hondo Street, Phase I. Installation of primary service/secondary conduit and related work upgrading the underground system. Installation of 1-4” PVC DB100 6.9kV primary conduit concrete encased at a 48” minimum depth. Installation of 1-4” PVC DB100 service/secondary conduit at a 36” minimum depth. Installation of 1-2” street light SCH 80 PVC conduit at 18” minimum depth. November 2012 –December 2012 – Southern California Edison-Perform streetlight repair and/or maintenance to streetlight poles on an as requested basis by the Edison representative and on a fixed unit price basis. Palm Springs District. PO#4500537953 January 2012–June 2012- I.E. Systems – Install 12.47kV Overhead power line from new switchgear building to existing overhead lines. Inspection of transformers, testing transformer. Installation of overhead power poles and conductors. Augustine Casino, Cochella, CA. December 2011- June 2012 Southern California Edison Santa Ana District-Perform streetlight repair and/or maintenance to streetlight poles on an as requested basis by the Edison representative and on a fixed unit price basis. PO#4500474323 December 2004-March 2005 – Southern California Edison, Rule 20A, Pico Rivera, CA, Whittier District. Installed underground cable, transformers, and burd switches, cutover to underground facilities, removed existing overhead facilities. July 2003 – March 2005 – Southern California Edison, Montebello District. Meter and service work on a T & E basis. 2001-April 2005 – Southern California Edison SOLO Streetlight maintenance project. Overhead and underground electrical construction associated with the repair of the existing street light systems throughout the Edison territory within Southern California. 1988-Convert existing 4 KV and 16 KV underground system. Pulling primary and secondary cable, riser construction and termination, convert customer services to underground system. Southern California Edison Company, Montebello District. 1984-Street Light Installation and Conversion, including installation of new street lighting, street lighting posts and fixtures, and conversion of existing streetlights. Southern California Edison Company, Santa Monica District. 1983 - Street Light Conversion involving the removal and replacement of 6,000 streetlights, including re- arrangement of circuits and removal of arc circuits. Southern California Edison Company, Montebello District. 452 Potholing Services In Support of Eastfield Dr. SCE Rule 20BBrentwood, CA 94513 9020 Brentwood Blvd., Suite H Hot Line Construction, Inc. Mark Meekhof (805) 574-5160 Contact: Phone: Fax: Bid NumberQuote To:City of Rolling Hills 24040008740 04/09/2024Bid Date:Attn:Christian Horvath Phone:Advertised Date:03/25/2024 Fax:Date of Plans:12/30/2023 Revision Date:ITEM DESCRIPTION QUANTITY UNITPOTHOLING FOR (6) - 7' x 18' x 8' VAULT LOCATIONSEA6.00OBTAINING NO FEE PERMIT FROM RHCALS1.00RESTORING POTHOLING LOCATIONS PER RHCA STDEA6.00TRAFFIC CONTROLLS1.00GRAND TOTAL$57,915.00NOTES: PROPOSAL TERMS & CONDITIONSHot Line Construction, Inc. is currently the maintenance contractor for two (2) of Edison's districts. We have had recent experience of pot holing for, and installing hundreds of vaults for Rule 20 projects, upgrades, and repairs for Southern California Edison.General Conditions* Unless specifically stated, this proposal is valid for thirty (30) days.* This proposal is based on a mutually agreed upon schedule and contract* This proposal only includes the specific bid items listed.* Unless expressly included in the itemized work to be done, unusual site conditions such as buried trash, concrete, abandoned utilities, mud, etc., that were not apparent on the surface or expressly disclosed in writing prior to the date hereof, additional compensation will be charged.* Price quoted is based on work being performed in one (1) move in to the site. Additional mobilizations to be done at additional cost.* Bid includes normal working hours:8 hours shift, Monday through Friday, between the hours of 7:00am and 4:30pm. All hours worked outside of normal time to be billed at overtime or premium time rates, as applicable by IBEW Local 47 agreement.* Any rock encountered will be considered an extra. Excavation that cannot be productively dug with a Cat 420 Backhoe using a 24" bucket, according to the most current Caterpillar Performance Manual, will be considered rock.* All agreements are contingent on material availability, accidents, act of God, energy shortages, pandemics, force majeure, or other acts beyond our control.* All Staking shall be performed by a Land Survey licensed in the State of California provided by the others.* Clearing/grubbing/demolition for our work to be performed by others.* This proposal does not include OCIP participation.Page 1 of 2 453 * Utilities installed by Hot Line Construction, Inc. shall be the responsibility of the Owner/Prime Contractor once the utility has passed preliminary inspection. .* Utilities installed by Hot Line Construction, Inc. and disturbed by others, will be repaired on a time and material arrangement.EXCLUSIONS (Unless specifically noted in bid items above): Agency Fee's, Disposal of existing Asphalt with paving fabrics, Allowance for liquidated damages, Permits/bonds/fees, Engineering/testing/staking, Inspection costs, De watering (handling of wet material), Blasting/breaking, Unknown utility line location/protection/delays/interferences, Off-site work, Traffic Plans, Hazardous or toxic materials, Grading re-certifications, SWPPP permits/plans, SWPPP implementation costs, Premium time, and Work during Non-Business Hours.Hot Line Construction, Inc. is a Supplier Clearinghouse certified WBE company.Page 2 of 2 454 AZTEC Engineering Group, Inc. 30 Executive Park, Suite 120 Irvine, CA 92614 P: 602.454.0402 | F: 602.454.0403 www.aztec.us Page 1 of 2 www.aztec.us April 9, 2024 Christian Horvath City Clery City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Email: chorvath@cityofrh.net RE: SCOPE OF SERVICES & COST PROPOSAL (SUE) EASTFIELD DRIVE SCE RULE 20B CITY OF ROLLING HILLES, CALIFORNIA Dear Mr. Horvath, AZTEC Engineering Group, Inc. (AZTEC) is pleased to submit this scope and fee proposal to provide Subsurface Utility Engineering (SUE) potholing services in connection with the placement of underground electric vaults in association the Eastfield Drive SCE Rule 20B Project located in the City of Rolling Hills, California. NOW, THEREFORE, The City of Rolling Hills and AZTEC agree as follows: 1. POTHOLE / TRENCHING Based on the RFP provided by the City of Rolling Hills and a subsequent phone conversation with the Roling Hills Community Association, on April 2, 2024, AZTEC Engineering Group, Inc. (AZTEC) will perform vacuum excavation to clear six (6) locations in which it is intended to place Southern California Edison (SCE) electrical vaults. Per the plans associated with the largest vault (measuring 84” by 114”), AZTEC plans to trench corner-to-corner in a diagonal fashion across individual locations to expose any underground utilities in potential conflict. A total of 24 feet of 6” wide trench will be required at each location with an estimated depth of 6 feet. AZTEC assumes that the longest side of the electrical vault will be parallel with the side of the road immediately adjacent to it as shown on the plans. AZTEC assumes that the center of each vault will be accurately marked in the field prior to the commencement of field activities. 2. RESTORATION METHOD AZTEC assumes from the information provided that mechanically compacted native soil will suffice for backfill with 6” of cold patch asphalt to repair the roadway until construction occurs. AZTEC will complete this at each location daily. Should the City of Rolling Hills or the Rolling Hills Community Association (RHCA) require other, more extensive repairs, a cost can be provided for the additional labor and materials. 3. TRAFFIC CONTROL AZTEC will have a professional traffic control company provide a traffic control plan to be approved by the city and the RHCA to approve, labor, and equipment for stop/slow flagger control of traffic at each location. 4. PERMITTING AZTEC will acquire all the appropriate permits as indicated in the RFP at no cost to AZTEC. 455 AZTEC Engineering Group, Inc. 30 Executive Park, Suite 120 Irvine, CA 92614 P: 602.454.0402 | F: 602.454.0403 www.aztec.us Page 2 of 2 www.aztec.us 5. SURVEY/POTHOLE/GEOTECH COORDINATION: If required, the corners of the excavated area can be surveyed by others. Project control and datum will need to be provided by the city or the design engineer responsible for the project. AZTEC can coordinate the surveying services required for this effort as an additional cost to the city, if requested. 6. SCHEDULE: AZTEC anticipates being able to complete the required field work within 2 weeks of receiving NTP and the issuance of corresponding permits. Contract review, weather and traffic control service availability may impact the schedule and it will be discussed with the city if is in encountered. If surveying is needed to locate each excavation area, the deliverables will be submitted to the city approximately 1 week after receiving the surveying data. 7. DELIVERABLES: AZTEC will provide an excavation form for each of the six (6) proposed locations accompanied by a summary sheet of the entire project. Each report will include a rough sketch of the location of the hole, the size, type, and ownership of the facility. Surveying coordinates and datum will be included if any surveying information is provided. Swing ties will be provided if surveying is not available. 8. COST – TRENCH EXCAVATION: See attached. 9. ASSUMPTIONS/SCOPE CONSIDERATIONS: Access to the sites is clear & free of obstructions, including other construction activities and personnel, and the roadway can support vacuum excavation equipment. This Scope of Work has been detailed to ensure we are providing the services requested by the client. Items not specifically listed are excluded from AZTEC’s scope. If conflicts are found during the excavation of any diagonal area, the balance of the hole will not be excavated without discussing a possible shift in the digging area. Additional trenching, if necessary, will be discussed with the client and may necessitate a change order. It is assumed that prevailing wage rates will serve as the basis for our cost estimate and that the work will be issued as part of a task order covering the project. Possible delays due to weather-related issues will be discussed with the client and additional mobilizations may affect both the schedule and cost. Possible delays because of pandemics or other unknown circumstances caused by local government, federal rules, or other guidelines and mandates may impact the surveying effort. The possible infection and subsequent quarantine of our staff may also impact activities. These instances are largely outside of our control and any delays will be discussed with the client when and if they occur. 456 Effective: 04/01/2024 Proposal Prepared For: Company Name: City of Rolling Hills Company Address: 2 Portuguese Bend Rd Rolling Hills, CA 90274 Point of Contact: Christian Horvath Phone Number: (310) 377-1521 Email:chorvath@cityofrh.net Item Description Unit Unit Cost Qty Estimated Amount Project Management/Coordination (TC, Meetings, Schedule, etc.) per hour $260.00 8 $2,080.00 Drafting - Pothole Reports per hour $125.00 4 $500.00 Potholes - Mobilization/Demobilization (round-trip) per trip $1,200.00 1 $1,200.00 Potholes - Hourly Vacuum Ex. ($400/hour) per hour $400.00 56 $22,400.00 Potholes - Dispose of Waste per day $75.00 1 $75.00 Potholes $26,255.00 Permit - Local Municipality at cost $0.00 1 $0.00 Expenses: $0.00 Subconsultant - Traffic Control Plans (MUTCD) per sheet $150.00 1 $150.00 Subconsultant - Traffic Control per day $2,500.00 7 $17,500.00 Subconsultant - Concrete/Asphalt Coring per bid $5,000.00 1 $5,000.00 Subconsultants: $22,650.00 TOTAL COST: $48,905.00 We appreciate the opportunity to submit this proposal and look forward to working with you on the project. Please note that this "Quote" is valid for 90 days from the proposal date and is contingent upon review of the project plans. Variable project conditions may result in additional costs. AZTEC Engineering Group, Inc. Art Mehler SUE Divison Leader Subsurface Utility Engineering (SUE) Proposal AZTEC Engineering Group, Inc. 30 Executive Park, Suite 120 Irvine, CA 92614 Phone: 714‐ 656‐2805 Fax: 714‐754‐1690 Rolling Hills, CA Client Project No.: 2111184 PCASUE2403 Date of Proposal: Project Name: Project Address: AZTEC Project No.: 4/5/2024 CALIFORNIA (Prevailing Wage) Utility Investigation - Scope of Work EASTFIELD DRIVE SCE RULE 20B 45 Eastfield Dr to Outrider Rd 1 of 1 457 Potholing Services for City of Rolling Hills RFP KANA SUBSURFACE ENGINEERING Page 1 Potholing Services in Support of Eastfield Drive SCE Rule 20B Project For City of Rolling Hills 4/09/2024 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Attn: Christian Horvath, City Clerk ERICK CASTRO, MBA, President info@kseconstruction.com Office: 909-204-5987 KANA SUBSURFACE ENGINEERING 12620 Magnolia Ave. Riverside, CA 92503 909-204-5987 www.kse.construction License #1002768, A DVBE #2002785 Tax ID #47-282998, DIR #1000020231 DUNS #080429408 MBE#16001364 CAGE 7TBS5 MCP# 0471157 Dear Mr. Horvath, Kana Subsurface Engineering (KSE) thanks you for the opportunity to submit this proposal for the Potholing Service in Support of Eastfield Drive SCE Rule 20B PFP. KSE is certified as a DVBE and is a construction company that specializes in underground utilities. KSE was established in 2013 and is currently headquartered in Riverside, CA. KSE has over 60 employees and over 100 years of combined construction and engineering experience while completing multiple state, and local public works projects throughout southern California. KSE has experience with underground utilities, sewer/storm drain pipeline systems and water pipeline, utility locating, air vacuum potholing. KSE will adhere to all prevailing wage rates and has knowledge of RFP, Standards/Guidelines, AWWA, Caltrans Specifications, DigAlert, WATCH/MUTCD manual and Greenbook Standards. KSE has reviewed, understood, and accepts the Terms and Conditions of this RFP. KSE has received and reviewed Addendum 1. KSE is insured by Alliant Insurance Services, Inc. and has a current bonding capacity equivalent to $7,500,000 per contract and $25,000,000 in total aggregate contract value with no complaints of non- payment by both suppliers and subcontractors. KSE maintains this level of bond capacity today and is in good standing with the surety company. Thank you for your consideration, Erick Castro President, KSE 458 Proposal for: EASTFIELD DR.-SCE RULE 20B fromBid Date: Time:5:00PM 4/05/2024 Kana Subsurface Engineering License: 1002768 Type: A 12620 Magnolia Ave., Riverside, CA 92503 CITY OF ROLLING HILLS (909) 204-5987 Fax: (714) 986-1416 S24028Project No. Page 1 of 7 REVISION 49 Total PriceUnitItemUnit PriceDescriptionQuantity 700 POTHOLES VAULT INSTALLATIONS 40,104.0001Potholes (Slot Trench 20' Long)EA 6,684.006.00 650.0002USA Markout LS 650.001.00 9,660.0003Traffic Control Setup EA 1,610.006.00 1,873.0004SawcutLS1,873.001.00 38,985.0005PavingLS38,985.001.00 91,272.00Total: 1350 MOBILIZATION 4,381.0001Drive Time LS 4,381.001.00 4,381.00Total: 0000 ADMIN 250.0001Pothole Report LS 250.001.00 0.00 02 Permit/Fees - No Fee LS 1,500.000.00 250.00Total: 91,272.00Total For POTHOLES VAULT INSTALLATIONS 4,381.00Total For MOBILIZATION 250.00Total For ADMIN 95,903.00Total: Attachment Enclosed! = Zero Total Price = Locked Bid-Item 4/08/2024 4:01 pm Estimator: Malo Tauaese Generated by a SharpeSoft Product 459 Job Conditions - Attachment 'A' EASTFIELD DR.-SCE RULE 20B REVISION 49Kana Subsurface Engineering Page 2 of 7 Inclusions & Exclusions –“Exhibit A” This job is bid at prevailing wages KSE’s scope of work shall include or provide the following: 1.USA Marking—KSE will secure an inquiry identification number from Underground Service Alert at least 48 hours prior to excavation. We will white line the site for USA locators. 2.Backfill—KSE will backfill vacuum excavated potholes using native material. No costs have been included for compaction testing, fill sand, slurry backfill, fog sealing, slurry sealing, or traffic striping. If we are required to perform any of those service a change order will be required. 3.Asphalt Patching—KSE agrees to provide all equipment and personnel needed to do temporary cold asphalt repairs. 4.Paving –KSE has not included cost for permanent paving if needed a change order will be required. 5.Concrete Patching -KSE has not included cost for concrete patching, if needed a change order will be required. 6.Concrete -KSE has not included cost for permanent concrete repair, if needed a change order will be required. 7.Traffic Flagmen—KSE has included costs for traffic flagging operations. 8.Traffic Control—KSE will provide basic traffic control setup for the potholing effort per the WATCH manual on shoulder work or single lane closures. If KSE is required by City to provide extensive traffic control set up to where KSE will need extra labor assistance in order to meet their pothole production rate, and If we are required to use more than 1 arrow board or obtain engineered plans, a change order will be required. 9.Permits -KSE has provided an estimated permit fee cost plus 15%, once fees are known, KSE will provide proof of fees to client and submit change order for plus or minus balance. 10.Compaction Testing of Potholes—No cost for compaction testing of potholes has been included, should the jurisdictional authority require us to conduct compaction testing prior to backfill a change order will apply. 11.Night Work—KSE will provide potholing services at night at an additional cost. If we have to pave at night a change order will be required for plant opening fees, cost +15%. Any additional inspection fees will be passed on to the client on a cost plus 15% basis. 12.Pothole Locations—To be surveyed in by client prior to starting potholing excavations. 13.2 for 1 Holes -Locations where client is trying to find 2 utilities in 1 pothole attempt will not be counted as one 4:01PM4/08/2024 Estimator: Malo Tauaese For Job:EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 460 Job Conditions - Attachment 'A' EASTFIELD DR.-SCE RULE 20B REVISION 49Kana Subsurface Engineering Page 3 of 7 if utilities are more than 2' apart. Client will be notified and a change order will be required. 14.Utility Locating—We will attempt to verify the location of each target electronically, although this will not always be possible, due to varying soil types and pipe material types. If we can’t verify the location electronically we will dig where the facility is marked. We will not be responsible for mismarked facilities that are located by others. 12.Asphalt greater than 8” Thick—If the asphalt we are digging in is greater than 8” inches thick a change order will be required. 13.Typical Utility Depth - ?Gas –3’ to 4’ ?SCE –3’to 5’ ?Telephone and CATV –3’ to 5’ ?Water –4’ to 6’ ?Storm Drain –5’ to 8’ ?Sewer –8’ to 10’ Any potholes not found at typical depths described above and are 10’ plus deep, are subject to change order. 14.Adverse pavement or soil conditions may exist. KSE has assumed potholing to be done at a rate of four potholes a day. If the rate of potholing is not met due to adverse soil or pavement conditions, a change order may apply. If the surface material is thicker than eight (8) inches or the soil has a high content of large rocks greater than three (3) inches in size, a change order may be issued. We will notify you, within 24 hours of discovery, of any condition likely to result in a change order. 15.Contaminated Soil -KSE has not included cost for contaminated soil removal from the premises, if needed a change order will be require. 16.Work hours allowed by City –if KSE does not meet its production rate due to city hours allowed to work in street are less than 8 hours, a change order will be required. Utility Designating: 1.Utility locator technician(s), equipment and supplies required to perform utility designation. Utility designation will be done using the following types of equipment: a.Electromagnetic locator –Used for designating conductive targets or those with tracer wire. 4:01PM4/08/2024 Estimator: Malo Tauaese For Job:EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 461 Job Conditions - Attachment 'A' EASTFIELD DR.-SCE RULE 20B REVISION 49Kana Subsurface Engineering Page 4 of 7 2.KSE shall mark all utilities they identify with paint markings indicating the type of facility found and the orientation of the facility. If the utility is in a dirt area, offset markings will be made to the nearest permanent surface. 3.KSE does not guarantee that all utilities will be identified on the project site. KSE utility designating (locating) service is a best effort service with no guarantee of accuracy or completeness. The client is cautioned that unidentified underground utilities may still be present within the project site after our service has been completed. KSE does not accept liability for any utility damage, or any type of damage, associated with our designating work product. KSE shall include or provide the following: 1.KSE will provide all personnel, equipment and supplies required to perform utility designation and locating, using vacuum excavation methods (or other approved methods). 2.KSE will provide assistance in securing all necessary plans, reports, or other data as requested by the client. 3.KSE will provide the client, upon execution of the contract, certificates of insurance. 4.KSE will secure all permits necessary, from all jurisdictional authorities, to designate and locate subsurface utilities. Permits paid for by KSE not included in the proposal shall be passed through on a cost plus 15% basis. 5.KSE will comply with all local, state and federal requirements regarding the safe excavation of subsurface utilities. 6.KSE will provide traffic control for streets with speed limits up to 35 MPH per the WATCH manual. All traffic control in high density or high speed areas, those over 35 MPH, shall be provided as an additional line item. 7.KSE will provide the client with a report about each pothole/target, to include the following information: ?Surface material type & thickness ?Width of the target facility ?Elevation, relative to the surface, of each target facility ?What the facility is made of, when such a material is recognizable ?Picture of the area excavated ?Picture of the exposed target facility (when available) 8.KSE will install a surface marker over the center of the target facility. All measurements taken will be taken to this marker. The surface marker may be any one of the following items or any combination thereof: ?Hub marker (nail with ribbon) ?Stakes, wooden or metal 4:01PM4/08/2024 Estimator: Malo Tauaese For Job:EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 462 Job Conditions - Attachment 'A' EASTFIELD DR.-SCE RULE 20B REVISION 49Kana Subsurface Engineering Page 5 of 7 ?Whiskers/ stake chasers ?Paint 9.KSE will mark each pothole location with the following information: ?Pothole number ?Depth to top of facility ?Type of facility (telcom, tv, water, gas, electric, sewer) ?Orientation of facility (east, west, north, south) 10.KSE will leave the job site in a clean and safe condition. 11.KSE guarantees restoration of pavement, within the limits of the pothole, for 2 years. When the pothole is located in areas other than the roadway, the area shall be restored as nearly as possible to the original condition. All potholes shall be pneumatically tamped to meet or exceed all relevant standards. All holes will be backfilled using native material unless otherwise stated in the proposal. 12.Kana Subsurface Engineering guarantees the accuracy and completeness of its services. If any errors or omissions are found to be the fault of Kana Subsurface Engineering, KSE will correct such errors or omissions at their own expense. Pothole locations to include survey marking of the desired pothole locations. Client Requirements: The client shall provide the following information to KSE prior to beginning work on the project: 1.An electronic file with a base map of the project area, consistent with the file type required by the client or full size, scaled drawings in a hardcopy format. 2.All existing utility information available about the project site: previous locating maps, utility as-built maps, etc. 3.A signed copy of our proposal and scope. 4.Access to all areas of the project site where potholing is required. 5.Preliminary Lien information. 6.Contact information to all relevant project participants: ?Survey Crew 4:01PM4/08/2024 Estimator: Malo Tauaese For Job:EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 463 Job Conditions - Attachment 'A' EASTFIELD DR.-SCE RULE 20B REVISION 49Kana Subsurface Engineering Page 6 of 7 ?Project Manager ?All others with whom the client would like us to coordinate our activities Kana Subsurface Engineering, shall not provide or be liable for the following, unless otherwise specified in our proposal: 1.Removal or treatment of contaminated or hazardous materials encountered on the job site. 2.The digging through of any structural material that may have been placed around the target facility, such as slurry or concrete. In the event a target facility is encased in concrete or slurry, the width, top, and bottom limits of the slurry or concrete will be determined. Additional holes are sometimes required to determine the width and depth of large slurry encasements, all extra holes will be billed at the rate established in the proposal. 3.Locating of non-conductive utilities such as those made of ACP, RCP, PVC, PE, fiber optic or any other non-conductive target material. 4.Any pothole that the facility owner has decided that vacuum excavation equipment may not be used on.California law allows facility owners to prohibit the use of power driven equipment over their facilities. Kana Subsurface Engineering shall not be held responsible for any target which the facility owner will not allow us to use our vacuums on. 5.Kana Subsurface Engineering will not be held accountable for the location of any particular pothole, as the locations are provided by the client. If the client chooses not to provide survey of the pothole locations, prior to excavation, then the pothole locations determined by KSE shall be considered sufficient. 6.The preparation or purchase of any pollution control program, manual or other type of document associated with pollution control. 7.USA mark removal.Many cities have begun requiring contractors to remove all USA markings after they complete their work. Not all cities have such requirements, and as such we cannot always determine which cities do and do not have such requirements. We cannot be held responsible for services that we did not know were going to be required by the permitting agency, unless disclosure of such requirements has been provided prior to our proposal. General Notes: 1.Both parties shall mutually agree upon Final Scheduling prior to start of work. 2.Any change in the scope of work that would affect the budget set by this proposal’s cost estimate will require the approval of Kana Subsurface Engineering before performing the work. 3.This proposal is based upon all Kana Subsurface Engineering construction work being performed during 8 hour 4:01PM4/08/2024 Estimator: Malo Tauaese For Job:EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 464 Job Conditions - Attachment 'A' EASTFIELD DR.-SCE RULE 20B REVISION 49Kana Subsurface Engineering Page 7 of 7 normal working hours between 7:00 AM to 5:00 PM. 4.This proposal is based upon progress payments being made no later than thirty days after invoicing. 4:01PM4/08/2024 Estimator: Malo Tauaese For Job:EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 465 Addendum Description Sample Agreement Notice Modifications Category Modifications Added Documents[A] Thank you for your interest in our bid opportunities and we welcome you to submit a response. Please be sure to review and comply with all specifications and requirements. Notice Information From Value To Value No entries Added Categories No Categories Added Removed Categories No Categories Removed Document Size Uploaded Date Language GR_OES_240325_DesignServicesAgreement_Potholing_Sample.pdf [pdf] 402 Kb 04/03/2024 11:03 AM EDT English GR_OES_240325_Eastfield_UU_20B_Potholing_RFP - POTHOLING SERVICES IN SUPPORT OF EASTFIELD DRIV... Addendum No: 1 (Published) 04/08/2024 02:14 PM EDT Page 1 of 1466 References 12620 Magnolia Ave Riverside, CA 92503 P (909) 204-5987 www.KSE.Construction LIC 1002768 A Contact Name: Vincent Lundblad. Title: Senior Right of Way Agent City or Agency: CalTrans (Dept of Transportation) Phone Number: 909-381-2975 Email: vince.lundblad@dot.ca.gov KSE Project Manager: Malo Tauaese Project Name: On Call Potholing San Bernardino County Project Scope of Work: Potholed over 400 existing utilities on CalTrans Right of Way throughout the County of San Bernardino. Repaired asphalt and created pothole reports. Contact Name: Mark Hanna Title: Project Manager City or Agency: Jacobs Engineering/SoCal Gas Phone Number: 805-674-5734 Email: mark.hanna@jacobs.com KSE Project Manager: Malo Tauaese Project Name: On-Call Potholing for Gas Lines and valves. Project Scope of Work: Potholed over 350 gas location for SoCal Gas and Sempra throughout Southern California and created pothole reports for Jacobs Engineering. Contact Name: Marc Smith Title: Utilities Principal Analyst City or Agency: City of Riverside Phone Number: 951-316-0869 Email: msmith@riversideca.gov KSE Project Manager: Malo Tauaese Project Name: City Wide Locate Project Scope of Work: Work included locating water, sewer, electric utility lines throughout the city of Riverside after contractors called DigAlert. Located 30,000 tickets each year for the last 2 years. Contact Name: Stewart Noble Title: Inspection Supervisor City or Agency: City of Anaheim Public Works Phone Number: 714-765-4591 Email: snoble@anahiem.net KSE Project Manager: Malo Tauaese Project Name: Annual City-Wide Utility Locate Project Scope of Work: Work included locating water, fiber, electric utility lines throughout the city of Anaheim after contractors called DigAlert. Located 25,000 tickets each year for the last 7 years. Contact Name: Jorge Macias Title: Underground Pipe Field Engineer City or Agency: Kiewit Phone Number: 310-947-0768 Email: Jorge.macias2@kiewit.com KSE Project Manager: Malo Tauaese Project Name: San Fernando Valley Groundwater Remediation Project Scope of Work: Potholed over 300 utility locations throughout LADWP right of way. Coordinated permits and asphalt repairs with City of LA. 467 12620 Magnolia Ave. Riverside, CA 92503 CAPABILITY STATEMENT PROFILE Certified DVBE #2002785 MBE #16001364 SDVOSB DUNS #080429408 CAGE #7TBS5 CA LICENSE #1002768 A & C-10 BONDING CAPACITY $10 Mil. Single $25 Mil. Aggregate NAICS 237110 561990 237130 238910 237990 237210 OSHA Golden Gate Cert. G2711 Est. 2013 OVERVIEW KSE is a certified DVBE construction company that provides underground utility and other general construction services throughout the state of California. KSE’s team of surface utility engineering specialists are experienced professionals utilizing modern tools and technology to ensure quality services and data management to provide exemplary and accurate information. We strive to maintain our reputation as a subsurface utility engineering contractor and industry leader that completes the job safely, on time and within budget. Utility Locating Accurate Utility Marking Utility Survey Mapping Public & Private Utilities Electromagnetic Locating Air Vacuum Potholing Verification Mapping Non-Destructive PAST PERFORMANCE City of Anaheim- City Wide Locating Fiber, Water & Electric 2017-2023 CalTrans - On Call Potholing for San Bernardino County 2019-2023 City of Riverside - City Wide Locating Power, Sewer & Water 2021-2023 Dept. of Corrections - On Call Locating 2018 Michael Baker Intern. - I-5 Crown Valley Expansion Potholing 2017 Spec Service Inc. - BNSF SoCal International Gateway 2017 Parsons - I-10 HOV Lane Potholing 2017 Jacobs Engineering/Sempra- On Call Potholing 2018-2023 Kiewit/LADWP - San Gabriel Groundwater Remediation Potholing 2020 POC: Malo Tauaese bid@kseconstruction.com Cell: 909-767-5315 Office: (909) 204-5987 www.kse.construction DIR # 1000020231 CA License #1002768, A & C-10 Subsurface Utility Engineering Flag Pole Design and Installation Engineered Designs Wind Calculation 468 Test Hole #SUE Crew Date Dug Truck # Client Project #City Project #County Location Purple Reclaimed Blue Water Green Sewer Orange TV/Telco Yellow Gas Red Electric FACING North 2.38 PIPE WIDTH/O.D. -3.03 3.03 TOP DEPTH (FEET) -3.23 3.23 BOTTOM RIBBON COLOR (FEET) COORDINATES:LAT 37.1080988 LONG -120.15222538 STATIONING:STATION OFFSET SIZE TYPE REMARKS: PREPARED BY:CHECKED BY: TEST HOLE DATA REPORT 01 BRIAN/DENNIS 5/26/2022 4703 2419-0010-WD CHOWCHILLA MADERA813 Tel. (909) 204-5987 Fax. (714) 986-1416 21633 Avenue 24, Chowchilla, California LOCATION PLAN - NOT TO SCALE N APWA Color Code Site Pictures CROSS SECTION - NOT TO SCALE SURFACE ELEVATION TOP ELEVATION BOTTOM ELEVATION RED/ORANGE/BLUE PAVING THICKNESS N/A PAVING TYPE N/A CREW EXPOSED3-2" PVC CONDUITS ELECT/COMM T/ 3.03 & 1- 12" DI WATER T/P 3.95 Brian Snowball SOIL CONDITION DIRT 2" PVC - ELECT/COMM/WAT FACILITY OWNER VSP 2.38 12620 Magnolia Ave, Riverside CA 92503 469 470 1921 West Eleventh Street • Upland, CA 91786 O:(909) 946-0905 F:(909) 946-0924 State License: CA 765716 • NV 0074442 • AZ 278321 • HI C 32256 1 of 2 April 9, 2024 Bid #24-03-032 City of Rolling Hills 2 Portuguese Bend Rd Rolling Hills, CA 90274 Attention: Christian Horvath RE: Pothole Services in Support of Eastfield Dr SCE Rule 20B Christian, SOW: This price is based on the Potholing for 6 vault locations as identified on SCE’s Preliminary Design Plans for the Rule 20B project. Lump Sum Grand Total: $62,719.00 Thank you for the opportunity to bid this project. We look forward to working with you and your firm in the future. Please call if you have any questions? Sincerely, Customer Approval: ____________________ Date: ________________________________ VCI Construction, LLC Kevin Ventroni Estimator/Project Manager 471 1921 West Eleventh Street • Upland, CA 91786 O:(909) 946-0905 F:(909) 946-0924 State License: CA 765716 • NV 0074442 • AZ 278321 • HI C 32256 2 of 2 April 9, 2024 Bid #24-03-032 POTHOLING SERVICES IN SUPPORT OF EASTFIELD DRIVE SCE RULE 20B JOB SPECIFIC CLARIFICATIONS 1.Bid includes prevailing wage rates. 2.Price includes hot base paving. 3.Open Trench Potholing. 4.Native Backfill. GENERAL CONDITIONS 1.Pricing referenced in this proposal will remain in effect for 60 days. 2.This document shall be a legally binding contract between VCI Construction and Its potential Customer. This proposal shall be included as an attachment in its entirety to any other contract that either firm shall enter on this project. 3.No Retention to be held. 4.This proposal is based upon a normal working schedule of 8 hours per day and 40 hours per week, Monday thru Friday, excluding VCI Construction Holidays. 5.Billings and Payments shall be monthly or at completion of VCI’s work, at VCI’s discretion. All payments on undisputed invoices due within 30 days of invoice date. STANDARD EXCLUSIONS 1.Scheduling conflicts and delays outside of VCI’s control and liquidated damages. 2.Obstructed working conditions outside the control of VCI due to other subcontractors. 3.Handling and / or removal of any hazardous or contaminated materials or spoils. 4.Locating or mitigating any unknown utilities. 5.Relocation of existing utilities in conflict with the designated pathway. 6.Dewatering of any kind is not included if ground water is incurred. 7.Price does not include soils/compaction testing if required. 8.Price does not include any surveying or engineering. 9.Price does not include grind & overlay or slurry seal. 472 Agenda Item No.: 13.D Mtg. Date: 04/22/2024 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 ROLLING HILLS COMMUNITY ASSOCIATION LEAD RESPONSIBILITY FOR THE COMBINED TENNIS COURT ADA AND CABANA PROJECTS AND CITY TO TAKE LEAD FOR CONSTRUCTION OF THE SUBSEQUENT TENNIS COURT #1 EXPANSION PROJECT DATE:April 22, 2024 BACKGROUND: At the June 12, 2023 City Council Meeting, city staff reported on a coordination meeting with the Rolling Hills Community Association (RHCA) held in May 2023. At this meeting, it was communicated that the City's Tennis Courts ADA Improvement Project would incorporate the grading and retaining wall to support the RHCA's Cabana improvement/amenities project. This addition to the City's improvement plans was determined based on the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. City staff, RHCA, and Bolton Engineering held two subsequent coordination meetings on June 6, 2023 and June 14, 2023 to discuss outstanding items and update all parties. At the June 26, 2023 City Council meeting, staff reported the following: A review of the City's improvement plans was completed and approved by the RHCA Architectural Committee on June 13, 2023. The remaining outstanding review comments by Los Angeles County Building and Safety (LACBS) were to provide approval of the improvement plans from the Planning Department and the RHCA. Bolton Engineering resubmitted plans with these required approvals for a final round of plan checks on June 15, 2023. Staff anticipated that the Tennis Courts Improvement Project would be ready to advertise for construction bids in July 2023 Several other RHCA projects were being coordinated to ensure any City improvements account for these future projects, including: the new Cabana revising the landscape, irrigation, and lighting plans, and a retaining wall submittal. The plans for the new Cabana were scheduled to be submitted to LACBS in early July 473 2023. Once the plans for the Cabana were completed for the first submittal to LACBS, the RHCA would then present them to the City Council at a future meeting for feedback. The City Council directed staff to advertise the Tennis Court ADA Improvement Project for bids and approved the allocation for landscape, irrigation, and lighting plans. The City Council will be provided the opportunity to review the results of the construction bids and ultimately decide whether to award a contract at a later date. Staff had received construction estimates for the Tennis Court ADA Improvement Project in the amount of $300,000. In recent months, the RHCA had worked with Richie-Bray, Inc. for the landscape, irrigation and lighting plans. After outreach from staff, Richie-Bray, Inc. had indicated a willingness to complete these plans for the city for the sum of $7,000.00. On July 10, 2023, the City Council approved Resolution No. 1344, authorizing a budget amendment to transfer $307,000 from reserves to the Capital Projects Fund for this project. On March 25, 2024, City staff provided a status update to the City Council as outlined in this report. DISCUSSION: Since the June/July 2023 City Council updates, the project has proceeded through the plan review process with the Los Angeles County Building and Safety Division (LACBSD). The Tennis Court ADA Improvement Plans comprised of the Retaining Wall Plans and Grading / Drainage Improvement Plans were approved (September 27, 2023 and December 26, 2023 respectively). Plans to construct a new Cabana, including a restroom and trellis (Cabana Improvement Plans), have completed the first plan review with LACBSD providing comments on November 13, 2023. The Cabana Improvement Plans were resubmitted to LACBSD and approved on March 27, 2024. Per a meeting with LACBSD on February 29, 2024, it was determined that submittals/approvals to/by the Los Angeles County Fire and Public Health Departments are also required before LACBSD will approve as final. RHCA is coordinating with its Project Architect to ensure these submittals/approvals are obtained. City Staff and RHCA continue with coordination meetings to keep their respective projects moving forward. These meetings have included discussions on the most efficient and effective process towards construction of the two projects and which entity should start their respective project first to avoid redundancy or other issues. Currently, the city is responsible for the tennis court ADA improvements, while the RHCA is responsible for the new Cabana and the future tennis court expansion project to accommodate pickleball courts (scheduled to take place after the ADA and Cabana projects are completed). Analysis indicates that it may be most efficient (while not a necessity) for the Tennis Court ADA Improvements and the Cabana Improvements to be constructed as one project. One concept proposed is to have the RHCA modify its project to include the Tennis Court ADA in addition to the Cabana project. The City would then modify its project to include the tennis court expansion project. To facilitate this concept and understand each agency's financial responsibility, RHCA has hired a construction manager to prepare a detailed construction cost estimate for the ADA and Cabana improvements as a single project. Similarly, city staff has contacted two firms that previously provided proposals to the RHCA in 2022 for the tennis court expansion and requested updated proposals for construction as a City capital project. By March 20, 2024, 474 staff had received an updated proposal from one of these firms. The tennis court expansion project would take place after the construction of the Tennis Court ADA/Cabana Improvement Project and involves the following: Submitting Grading / Drainage plans and obtaining approval from LACBSD. Note: The plans have been prepared and are ready to be submitted to LACBSD Preparing and submitting Retaining Wall Plans and obtaining approval from LACBSD. Removing the existing tennis court, constructing the grading/drainage improvements and a new larger court to accommodate four pickleball courts. A draft timeline is attached to provide an understanding of the staging for each project and estimated length to complete. While a complete cost estimate for the Tennis Court Expansion Project has, to date, not been prepared, the majority of construction efforts involve removing the existing court and constructing a new court. That amount is estimated at $260,000, which includes a 20% contingency for cost increases. Other costs will include grading, drainage improvements, retaining wall, inspection and construction management services for this project. Required CEQA review will be addressed at the time of contract award. FISCAL IMPACT: Projected costs at this time are not finalized. For the Tennis Court #1 Expansion, staff is assuming a potential expenditure range of $330K to $400K. Currently, the City Council has a remaining $300,000 appropriated in Capital Improvement Fund initially intended for the Tennis Court ADA project. City staff would recommend re-appropriating to a capital account specific to the Tennis Court 1 expansion project. RECOMMENDATION: Approve as presented. ATTACHMENTS: PW_CHC_240415_TC-Projects_DraftTImeline.pdf 475 The City of Rolling Hills / Rolling Hills Community Association (RHCA) Tennis Court Projects Draft Timeline: The following is an ideal sequence assuming no issues/delays. Tennis Court ADA & Cabana Project (RHCA) • Obtain All Agency Approvals - June 1, 2024 • Bid Project - June/July 2024 • Approve Bids/Execute Contracts - August/Sept 2024 • Construction (9 months) - Oct 2024 to June 2025 • Close out project - July/August 2025 Tennis Court #1 Expansion Project (City) • Improvement Plans, Submit May 2024, Approved December 2024 • Bid Project - July/August 2025 • Approve Bids/Execute Contracts - Sept/Oct 2025 • Construction (6 months) - Nov 2025 to May 2026 • Note: Cannot proceed to construction until ADA/Cabana Project completed/closed out 476 Agenda Item No.: 14.A Mtg. Date: 04/22/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:CONSIDERATION OF RESOLUTION IN SUPPORT OF THE BI- PARTISAN HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 (COUNCILMEMBER DIERINGER) DATE:April 22, 2024 BACKGROUND: The Homelessness, Drug Addiction, and Theft Reduction Act (23-0017 A1) is a comprehensive legislative proposal meticulously designed to address the complex and interconnected issues of homelessness, drug addiction, and theft within communities. The Act outlines a wide array of strategies and interventions aimed at prevention, treatment, and enforcement to comprehensively address the root causes and consequences of these societal challenges. Californians for Safer Communities is the official coalition leading the Homelessness, Drug Addiction, and Theft Reduction Act. They are currently collecting signatures for the Act to qualify for the 2024 November General Election. The Act would provide targeted reforms to Proposition 47 that the authors feel legislative proposals alone are unable to deliver. Councilmember Dieringer requested that this item be brought before the City Council to consider the draft resolution (Attachment A) in support of the Homelessness, Drug Addiction, and Theft Reduction Act Initiative 23-0017 A1 (Attachment B). DISCUSSION: Proposition 47 Safe Neighborhoods and Schools Act Proposition 47, also known as the Safe Neighborhoods and Schools Act, was passed by California voters in 2014. It reclassified certain nonviolent offenses, such as drug possession and theft, from felonies to misdemeanors. The intent behind Proposition 47 was to reduce 477 incarceration rates, prioritize rehabilitation, and redirect cost savings to support mental health and drug treatment programs. Since its enactment, Proposition 47 has generated discussion and debate regarding its effectiveness and unintended consequences. Supporters argue that it has reduced prison overcrowding, provided opportunities for rehabilitation, and promoted fairness in sentencing. However, critics have raised concerns about its impact on public safety, citing an increase in property crimes and challenges related to homelessness and drug addiction. Homelessness, Drug Addiction, and Theft Reduction Act A new proposal, called The Homelessness, Drug Addiction and Theft Reduction Act, would amend parts of Proposition 47. The measure aims at reforming laws that have dramatically increased homelessness, drug addiction, and theft throughout California. The measure will: Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs. Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed. Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic hard drugs, and someone dies as a result. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user. Increase penalties for people who repeatedly engage in theft. Introduce new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage or are committed by multiple thieves working together. There is an argument that the leniency currently under Proposition 47 has led to skyrocketing theft in recent years. Under the new proposal, “an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property.” It would also allow prosecutors to add together the value of property stolen across multiple thefts to exceed the $950.00 threshold for a felony charge and create harsher punishments for organized retail theft rings. Proposition 47 turned most drug possession offenses from felonies to misdemeanors. Right now, non-prescription fentanyl is not listed on Proposition 47 as a hard drug, and the new proposal would create harsher penalties for people who deal fentanyl and other hard drugs. The Homelessness, Drug Addiction, and Theft Reduction proposal is currently being circulated as a petition. Phase 1 (Qualification), which concludes on April 30th, 2024, needs 950,000 478 total valid signatures (it currently has approximately 550,000). In Phase 2, if the threshold of valid signatures is reached, the initiative will go to California voters in November 2024. This evening, Staff seeks the direction of the City Council on potentially adopting a resolution supporting the Homelessness, Drug Addiction, and Theft Reduction Act. Attachments to this staff report provide additional information for the Council’s review and consideration. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. Consider the attached draft resolution and, if supportive, direct staff to return with a resolution for adoption on May 13, 2024. ATTACHMENTS: Attachment A - CL_AGN_240422_CC_Prop47_Reform_DraftResolution.pdf Attachment B - CL_AGN_240422_CC_23-0017A1_DrugAddictionTheftReform.pdf Attachment C - CL_AGN_240422_CC_Prop47_FAQs.pdf Attachment D - CL_AGN_240422_CC_CA_SafeCommunities_FactSheet.pdf Attachment E - CL_AGN_240422_CC_HomelessnessAct_Handout.pdf 479 RESOLUTION IN SUPPORT OF THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT WHEREAS: While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 also led to unintended consequences over the past decade. WHEREAS: Unintended consequences of Prop 47 include repeat and often organized retail theft, inner - city store closings, and difficulty convincing people to seek drug and mental health treatment. WHEREAS: These unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47. WHEREAS: Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act is currently collecting signatures to qualify for the 2024 November General Election WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver. WHEREAS: Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught. WHEREAS: This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. WHEREAS: The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers. WHEREAS: Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substan ce abuse. WHEREAS: It’s time for meaningful reforms to our justice system that ensure our communities are safe. NOW, THEREFORE, BE IT RESOLVED by the City of { }, that the City Council formally expresses support for the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety. 480 BELL, MCANDREWS & HILTACHK, LLP ATTORNEYS AND COUNSELORS AT LAW 45S CAPITOL MALL, SUITE 600 SACRAMENTO, CALIFORNIA 9S814 Anabel Renteria Initiative Coordinator Office of the Attorney General State of California PO Box 994255 Sacramento, CA 94244-25550 (916) 442-77S7 FAX (916) 442-77S9 www.bmhlaw.com September 22, 2023 Re: Initiative 23-0017 -Amendment Number One Dear Initiative Coordinator: Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed. I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language. Thank you for your time and attention processing my request. Sincerely, ~ Thomas W. Hiltachk 23-0017 A1 481 THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act. SECTION 2. Purposes and Intent This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California. This measure will: A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine. B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm. C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs. D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking. E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result. F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user. G. Increase penalties for people who repeatedly engage in theft. H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together. 1 23-0017 A1 482 SECTION 3. Findings and Declarations The People of the State of California find and declare as follows: A. Reducing Homelessness Through Drug and Mental Health Treatment 1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents. 2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct. 3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's. 4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatment- mandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatment- mandated felony (the 4 th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness. B. Cracking Down on Hard Drug Dealers 1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2 483 sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities. 2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result. 3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm. 4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs. 5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society. C. Accountability for Repeat Theft and Smash and Grab Thefts 1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor -regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences. 2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use. 3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 484 exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft. 4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together. 5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges. 6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions. SECTION 4. Section 11369 is added to the Health & Safety Code to read: 11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following: "You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. " (c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 485 (d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401. (2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055. SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read: 11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years. (k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription. 1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use. -fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code. SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read: 11370.4. (a)--Afly-{1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows: (l)\l/here 5 486 {A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years. (2)Vlhere (ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years. (3)\Vhere {{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years. (4)'Nhere {l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years. (5)\Vhere (Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years. (6)Where {EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years . .Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows: (l)\\7here {A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years. 6 487 {JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years. (3)Where {QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years. (4)\1/here (J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years. Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included. ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws: (A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years. (B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years. (C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years. (D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years. (E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years. (F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years. (G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years. 7 488 (H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years. (I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years. (2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code. fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law. W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read: 11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. 8 489 (2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact. (d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case. (iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9 490 the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court. (3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section. (5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits. (e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401. (2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055. (I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court. 10 491 (g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law. SECTION 8. Section 490.3 is added to the Penal Code to read: 490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft. SECTION 9. Section 666.1 is added to the Penal Code to read: 666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. (2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section: (A) Petty theft, as described in Section 488 or 490.2. (B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484). (C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code. (E) Burglary, as described in Section 459. (F) Ca17·acking, as described in Section 215. (G) Robbery, as described in Section 211. (H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5. 11 492 (J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program. (c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court. (d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law. SECTION 10. Section 12022 of the Penal Code is amended to read: 12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense. (2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 493 owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code. (d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. ( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement. (t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition. SECTION 11. Section 12022.6 is added to the Penal Code to read: 12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows: (1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year. (2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years. (3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years. 13 494 (4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years. (5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954. (c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65. SECTION 12. Section 12022.65 is added to the Penal Code to read: 12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6. SECTION 13. Section 12022.7 of the Penal Code is amended to read: 12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 495 become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. ( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700. (f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry. (2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance. (g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense. (h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense. SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read: 7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. " 15 496 (b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment. (c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi- Cal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs. SECTION 15. Amendments (a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions. SECTION 16. Severability If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable. SECTION 17. Conflicting Initiatives (a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 497 shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 498 1 Note: These materials were prepared by the Judicial Council’s Criminal Justice Services staff and Richard Couzens, Judge of the Superior Court, County of Placer (Ret.), and are for informational purposes only. The responses are not to be construed as legal opinion or advice. Staff will update questions and responses on a regular basis. Please check for most recent version. FREQUENTLY ASKED QUESTIONS Updated November 2016 What is the stated purpose of Proposition 47? The stated purpose of the proposition is to “ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for non-serious, nonviolent crime, and to invest the savings generated from [the proposition] into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment” and to ensure “that sentences for people convicted of dangerous crimes like rape, murder, and child molestation are not changed.” The proposition states that it “shall be liberally construed to effectuate its purposes.” What is the effective date of Proposition 47? Proposition 47 became effective on November 5, 2014. In short, what does Proposition 47 do? Proposition 47 added and amended various statutory provisions to implement the following three changes to felony sentencing laws: • Theft and Drug Possession Offenses: Changes certain theft and drug possession offenses from felonies to misdemeanors, except for persons with certain prior convictions. • Resentencing: Authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions. • Reclassification: Authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors. Who is not eligible for the changes under Proposition 47? 499 2 Persons with one or more prior convictions for offenses specified under Penal Code section 667(e)(2)(C)(iv)1 or for a sex offense that requires registration under section 290(c) are not eligible for the new misdemeanor, resentencing, or reclassification provisions of Proposition 47. Instead, those persons generally remain subject to punishment under traditional sentencing rules. What are the offenses specified under Penal Code section 667(e)(2)(c)(iv) that render someone ineligible for Proposition 47? Section 667(e)(2)(c)(iv) states: “The defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies: (I) A ‘sexually violent offense’ as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code. (II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by section 286, or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289. (III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288. (IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive. (V) Solicitation to commit murder as defined in Section 653f. (VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245. (VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418. (VIII) Any serious or violent felony offense punishable in California by life imprisonment or death.” These offenses are sometimes referred to a “super strikes.” What are the offenses that require registration as a sex offender under Penal Code section 290(c)? Under section 290(c), the following persons are required to register: “Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that 1 Unless otherwise indicated, all statutory references are to the Penal Code. 500 3 date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above- mentioned offenses.” Is every person who is required to register as a sex offender ineligible for Proposition 47? Proposition 47 only excludes persons with prior convictions for a sex offense that requires registration under section 290(c), which enumerates several sex offenses that mandate registration upon conviction. This disqualifier appears to be limited to the offenses enumerated in section 290(c) and not to include persons required to register under other statutory provisions that vest courts with discretionary authority to impose sex offender registration under specified circumstances. (See, e.g., Pen. Code, § 290.006 [Authorizing courts to impose registration for any offenses not listed in section 290(c) “if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for the purpose of sexual gratification”].) Do the exclusions include out-of-state convictions and juvenile adjudications? It appears so. Proposition 47 excludes persons with a prior conviction for any of the offenses listed in section 667(e)(2)(C)(iv). Section 667(e)(2)(C)(iv) applies if “[t]he defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies. . . ” – the “super strikes.” (Emphasis added.) The reference to “subdivision (d) of this section” presumably means section 667(d). Section 667(d) provides that “[n]ot withstanding any other law and for the purposes of subdivisions (b) to (i), inclusive, a prior conviction of a serious and/or violent felony shall be defined as” (1) an adult California conviction under sections 667.5(c) and 1192.7(c) [§ 667(d)(1)]; (2) an out-of-state conviction “for an offense that, if committed in California is punishable by imprisonment in the state prison . . . if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of” a California serious or violent felony [§ 667(d)(2)]; and (3) designated juvenile adjudications [§ 667(d)(3)]. Since the definition of “conviction of a serious and/or violent felony” contained in section 667(d) is incorporated by reference in section 1170.18(i), and since that definition specifically includes designated juvenile adjudications, it appears likely that a person who has been adjudicated for an offense listed in section 667(d)(3) will be excluded from the benefits of Proposition 47. While juvenile “adjudications” and adult “convictions” are distinguished in many other contexts, for the purposes of the exclusion under section 1170.18(i), it appears likely that they will be treated the same. How does Proposition 47 change theft and drug possession offenses? The following theft and drug possession offenses have been reclassified as misdemeanors as specified below. As noted above, these new misdemeanor provisions do not apply to persons with one or more prior convictions for offenses specified under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c). 501 4 • Shoplifting. The proposition added section 459.5 to create a new misdemeanor offense called “shoplifting,” punishable by up to 6 months in county jail. Shoplifting is defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours” where the value of the property does not exceed $950. Any other entry into a commercial establishment with intent to commit larceny is burglary. Any act of shoplifting as defined above must be charged as shoplifting. No person charged with shoplifting may also be charged with burglary or theft of the same property. • Forgery. The proposition reclassified forgery of specified instruments under section 473 involving an amount that does not exceed $950 from a felony or wobbler to exclusively a misdemeanor. The instruments are “a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order.” To qualify as a felony, the proposition appears to require a value over $950 per forged instrument as opposed to a total value with multiple instruments combined, as specified, for example, under section 476a(b): “If the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed nine hundred fifty dollars (950), the offense is punishable only by imprisonment in the county jail…”].) (Emphasis added.) The misdemeanor provision does not apply to any person convicted both of forgery and identity theft under section 530.5. • Insufficient Funds. Before Proposition 47, a violation of section 476a was a wobbler offense, except that the offense was strictly a misdemeanor if the total underlying amount did not exceed $450, unless the person was previously convicted of one of several specified theft offenses. The disqualifying prior violations are “… Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant’s offense was a violation also of Section 470, 475, or 476 or of this section…” (Pen. Code, § 476a(b).) Proposition 47 increased the total threshold amount for misdemeanors from $450 to $950 and increased the number of disqualifying prior convictions from one to “three or more.” • Petty Theft. Proposition 47 added section 490.2 to define “petty theft” as “obtaining any property by theft where the value of the money, labor, real or personal property taken” does not exceed $950. Under the proposition, this new definition of petty theft applies notwithstanding section 487 “or any other provision of law defining grand theft.” (Pen. Code, § 490.2(a).) The new definition of petty theft appears designed to apply regardless of how specific categories of property are treated under separate statutes. Section 487(b)(1)(A), for example, characterizes theft of certain farm crops valuing over $250 as “grand theft.” Under the proposition’s new definition of petty theft, such offenses appear to be misdemeanors if not valued over $950. This new misdemeanor provision is not applicable to any theft that may be charged as an infraction “pursuant to any other provision of law.” 502 5 • Receiving Stolen Property. Before Proposition 47, a violation of section 496 was a wobbler offense, except that if the value of the property did not exceed $950, the district attorney or grand jury may specify the offense as exclusively a misdemeanor “in the interests of justice.” Proposition 47 rendered all violations of section 496 that do not exceed $950 as strictly misdemeanors, eliminating prosecutorial discretion to charge those offenses as felonies. • Petty Theft with a Prior. Proposition 47 eliminated the offense of petty theft with a prior under section 666 for most defendants by narrowing the category of persons subject to punishment under that section to only include persons required to register under the Sex Offender Registration Act, persons with prior violent or serious felony convictions under section 667.5(e)(2)(C)(iv), and persons convicted of section 368(d) or (e) [specified theft crimes involving elder or dependent adults]. Unlike other references to sex offender registration throughout Proposition 47 (see above), this reference appears to include all persons required to register, regardless of whether the basis for registration was section 290(c) or some other provision under the Sex Offender Registration Act. • Drug Possession Offenses. Proposition 47 reclassified drug possession offenses under Health and Safety Code sections 11350, 11357(a) [concentrated cannabis], and 11377 from a felony or wobbler to strictly misdemeanors punishable by up to one year in county jail. What is the difference between petitioning for resentencing and applying for reclassification? Proposition 47 added section 1170.18, which has two distinct procedures for eligible persons seeking relief that hinges on whether the person is currently serving the sentence or has completed the sentence. Persons currently serving the sentence can petition the court to be “resentenced” as a misdemeanor offender under the procedures prescribed in section 1170.18(a)– (e), (i)–(o). Persons who have completed their sentences can apply to the court to “reclassify” their felony convictions as misdemeanors under the procedures prescribed in section 1170.18(f)– (h). Is there a deadline for petitions for resentencing and applications for reclassification? Yes. Petitions for resentencing and applications for reclassification must be filed on or before November 4, 2022, or at a later date upon [a] showing of good cause.”(AB 2765, Stats. 2016, ch. 767). Proposition 47 does not define what constitutes “good cause” for this purpose. Does a person seeking relief under section 1170.18 have the right to counsel? The proposition does not address the right to counsel. Thus, the answer may depend on the stage of the proceedings. For petitioners who are currently serving their sentences, the right to counsel 503 6 issue may be similar to proceedings for a writ of habeas corpus, where the petitioner has no right to counsel in the preparation of the petition, nor during the initial screening by the court. There would likely be a right to counsel, however, during the resentencing stage of the proceedings. Since no custodial sanction is involved with applications for reclassification, it is likely that there is no right to the assistance of counsel, except, perhaps in contested hearings where the application is opposed by the district attorney. What should happen if a person is serving a sentence based on a mixture of eligible and ineligible offenses? Many individuals may have been convicted of a mixture of Proposition 47 eligible and non- eligible offenses. As long as the defendant does not have a disqualifying “super strike” prior conviction and is not required to register as a sex offender under section 290(c), there is nothing in Proposition 47 that would prohibit the defendant from petitioning or applying for relief under section 1170.18 as to crimes that are qualified. If relief is granted, the court would likely re- compute any remaining sentence to be served with the qualified crime now specified as a misdemeanor. RESENTENCING OF CRIMES FOR PERSONS CURRENTLY SERVING SENTENCE Who is eligible to petition for resentencing? Persons “currently serving a sentence” for a felony conviction, whether by trial or plea, who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense are eligible to petition for resentencing. (Pen. Code, § 1170.18(a).) As noted above, persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c) are not eligible for resentencing. (Pen. Code, § 1170.18(i).) What does the court decide in order to grant a petition for resentencing? The court must confirm that the petitioner is eligible for resentencing and whether the resentencing of the petitioner would create an unreasonable risk of danger to public safety. Specifically, section 1170.18(b) provides, in relevant part: “If the petitioner satisfies the criteria [for resentencing] . . . , the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor . . . , unless the court, in its discretion, determines that resentencing petitioner would pose an unreasonable risk of danger to public safety.” What are the filing requirements for a petition for resentencing? Proposition 47 does not specify any particular form of petition for resentencing. Some courts have developed local forms that may be used. Unless a superior court adopts a mandatory form as a local court rule, the petitioner may petition the court for relief in any manner that meets 504 7 general pleading requirements. Some courts are permitting oral motions for relief under section 1170.18. Petitions must be filed by November 4, 2022, to be considered by the court, unless the person shows “good cause” for a later filing. (Pen. Code, § 1170.18(j).) What evidence is admissible to determine whether a particular crime qualifies under Proposition 47? It is unclear what evidence may be considered in determining eligibility for resentencing. In similar circumstances, courts have limited the parties to offering the “record of conviction”: documents such as the complaint, plea forms, factual basis for the plea as stated on the record, and transcripts. Who has the burden to establish eligibility for relief? The petitioner has the burden of establishing eligibility for the relief being sought. In the context of section 1170.18, the petitioner will have the burden of establishing that he or she committed a crime which, had Proposition 47 been in effect when committed, would be a misdemeanor. (Pen. Code, § 1170.18(a).) For example, if the crime at issue is a theft offense, the petitioner must establish that the value of the property taken did not exceed $950. The prosecution, however, likely has the burden of proving that the petitioner is disqualified because of the conviction of a “super strike,” or because of a requirement to register as a sex offender. Could the petitions of persons otherwise eligible for resentencing be denied for some reason? Yes, but only on a very narrow basis. Courts may deny a petition for resentencing when the person is otherwise eligible if the court, in its discretion, determines that resentencing the petitioner would pose “an unreasonable risk of danger to public safety.” (Pen. Code, § 1170.18(b).) What is the definition of the phrase “unreasonable risk of danger to public safety”? Under section 1170.18(c), the phrase “unreasonable risk of danger to public safety” is narrowly defined as “an unreasonable risk that the petitioner will commit a new violent felony within the meaning of [Penal Code section 667(e)(2)(C)(iv)].” By its express terms, Proposition 47 extends this definition to all uses of the phrase throughout the Penal Code. A divided panel of the Court of Appeal held that the definition of dangerousness in section 1170.18(c) has no application to petitions for resentencing brought under Proposition 36. (People v. Valencia (2014) 232 Cal.App.4th 514, review granted, [Feb. 18, 2015] 183 Cal.Rptr.3d 516.) What will the court consider when determining whether a petitioner is an “unreasonable risk of danger to public safety?” 505 8 In determining whether a petitioner poses an unreasonable risk of danger to public safety, the court may consider: • The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes; • The petitioner’s disciplinary record and record of rehabilitation while incarcerated; and • Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. (Pen. Code, § 1170.18(b)(1)–(3).) Is “dangerousness” considered when imposing a misdemeanor sentence for a new crime? No. Whether or not the defendant possesses “an unreasonable risk of danger to public safety” only concerns petitions for resentencing under section 1170.18(a). The defendant is entitled to a misdemeanor sentence for a Proposition 47-eligible crime unless he or she has a prior disqualifying conviction, is required to register as a sex offender under section 290(c), or is otherwise excluded by the particular penal statute. What does “currently serving a sentence” mean for purposes of eligibility to petition for resentencing? Proposition 47 does not expressly define what constitutes “currently serving a sentence” for purposes of eligibility to petition for resentencing. The plain language of the phrase “currently serving a sentence” appears to apply to eligible persons serving prison sentences and terms of imprisonment in county jail under section 1170(h), including periods of mandatory supervision, which are “suspended” portions of the terms imposed. Whether courts will consider persons on other categories of supervision to be “currently serving a sentence” is less clear. Courts will likely have different interpretations based on the circumstances of the case and legal arguments presented by the parties. Is a person on formal probation considered “currently serving a sentence” for purposes of eligibility to petition for resentencing? Proposition 47 does not address whether a person on formal probation for a qualifying offense should be considered “currently serving a sentence” for purposes of eligibility to petition for resentencing. Until further guidance is provided by an appellate court, individual sentencing courts will likely have different interpretations based on the circumstances of the case and legal arguments presented by the parties. On one hand, formal probation, which is often characterized as an act of leniency, is statutorily defined as the suspension of the imposition or execution of a sentence. (Pen. Code, § 1203(a).) Grants of probation, on the other hand, are commonly understood to constitute “sentences” in criminal matters, and probationers are often required to 506 9 serve terms in county jail as a condition of probation. Based on early indications, it appears that many courts consider probationers to be “currently serving a sentence” for purposes of eligibility for resentencing, while some consider probationers to not yet be sentenced and thus entitled to have the qualifying offenses redesignated as misdemeanors without the formal resentencing process prescribed by section 1170.18(a)–(e). Are persons on parole or postrelease community supervision (PRCS) considered “currently serving a sentence” for purposes of eligibility for resentencing? Although persons on parole or PRCS for qualified felony offenses are entitled to relief under Proposition 47, there are uncertainties about whether they are eligible to petition for resentencing (as a person “currently serving a sentence”) or to apply for reclassification (as a person who has completed the sentence). If courts consider persons on parole or PRCS as “currently serving a sentence,” those persons will be required to petition for resentencing under sections 1170.18(a)– (e), which will include a determination of the issue of dangerousness under section 1170.18(b). If persons on parole or PRCS are not considered “currently serving a sentence,” those persons would be eligible to apply for reclassification of their eligible felony offenses as misdemeanors under sections 1170.18(f)–(h), which would not include a determination of the issue of dangerousness. What is the court’s discretion in resentencing the petitioner? Proposition 47 imposes the following limitations: • The petitioner must be given credit for any time he or she has already served. (Pen. Code §1170.18(d).) Credit must likely be given for custody time and any periods of supervision. The statute likely does not mean that the person is to automatically be released with “credit for time served” – meaning that the sentence has been satisfied. • The sentence may not be longer than the original sentence. (Pen. Code § 1170.18(e).) • The petitioner must be placed on parole for a one-year period, unless the court releases the person from that requirement. (Pen. Code § 1170.18(d).) Note, however, that it is unlikely the sponsors of Proposition 47 contemplated persons resentenced for a crime punished under section 1170(h) or granted probation would be sent to state parole. But the statutory language is broad enough to include all sentenced individuals, including those persons previously handled locally. Subject to the foregoing limitations, the court is free to impose any form of misdemeanor sentence considered appropriate for the petitioner’s circumstances. If the petitioner has been sentenced on any felony not altered by Proposition 47, all terms and conditions of the original sentence presumably will remain, except for the re-designation of a Proposition 47 crime as a misdemeanor. Assuming the petitioner has been convicted only of a crime changed by the initiative, potential sentencing options may include: 507 10 • Straight custody term, without any supervision. • Formal or informal probation of up to three years. • Parole or Postrelease Community Supervision, particularly for persons being released from prison. Who presides over resentencing proceedings? The original sentencing judge is required to preside over the petition for resentencing if that judge is available. If the original judge is unavailable, the presiding judge of the court will appoint a judge to review the petition. The parties may also agree that a different judge can conduct the review. What constitutes “unavailability” of a judge may be open to interpretation. Is a hearing always required for petitions for resentencing? Nothing in Proposition 47 specifically requires a court hearing on every petition for resentencing, particularly when there is no opposition to the granting of the petition. Hearings may be necessary if the prosecution challenges the petitioner’s eligibility, such as when a theft may involve more than $950, when a victim asks to participate in the process, or concerning challenges to the dangerousness determination Is there a specific time within which the hearing on a petition for resentencing must be held? No. Section 1170.18 does not require the hearing to be held within a particular number of days. The hearing should be held within a reasonable time. Does the victim have a right to attend the hearing on a petition for resentencing? Likely, yes, if the victim has made such a request. A resentencing proceeding is likely considered a “post-conviction release proceeding” under Marsy’s Law. If the victim so requests, he or she may be entitled to notice of and participation at the hearing. Does the petitioner have a right to a jury determination of eligibility for resentencing? Probably not. Petitioners likely have no right to a jury determination of their eligibility for resentencing. Other courts have determined, in the Proposition 36 context, that Apprendi v. New Jersey (2000) 530 U.S. 466, has no application due to the retrospective nature of the petition for resentencing. (See People v. Elder (2014) 227 Cal.App.4th 1308, 1315; People v. Bradford (2014) 227 Cal.App.4th 1322, 1331-1336; People v. Guilford (2014) 228 Cal.App.4th 651, 662- 663.) What is the effect of the order granting resentencing? 508 11 If the court grants the request to resentence the offense as a misdemeanor, the crime will thereafter be treated as a misdemeanor for all purposes except for the right to own or possess firearms. (Pen. Code § 1170.18(k).) RECLASSIFICATION OF CRIMES FOR PERSONS WHO HAVE COMPLETED A SENTENCE Who is eligible to apply for reclassification of their felony convictions? Persons who have “completed” their sentences for a felony conviction, whether by trial or plea, who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense are eligible to apply for reclassification of their felony convictions. (Pen. Code, § 1170.18(f).) As noted above, persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c) are not eligible for reclassification. (Pen. Code, § 1170.18(i).) Who is qualified for reclassification? Any person whose sentence, including any period of supervision, has been completed, including: • Persons released from prison and who are off parole or PRCS; • Persons who have completed a sentence imposed under section 1170(h), including any time ordered on mandatory supervision; • Persons who have completed probation. Nothing in Proposition 47 expressly grants juveniles the right to apply for reclassification of qualified felony adjudications. Alejandro N. v. Superior Court (People) (2015) 238 Cal.App.4th 1209 (review denied), however, has held that juveniles have the right to petition for resentencing; likely the opinion will apply to requests for reclassification. May a person be excluded from reclassification because of a prior offense? Yes. The same exclusions apply to both resentencing and reclassification of a crime. A person who has a prior “super strike” conviction, or who is required to register as a sex offender under section 290(c) may not petition for reclassification. (§ 1170.18(i).) The crimes that would exclude the applicant are the “super strikes” listed in section 667(e)(2)(C)(iv): a “sexually violent offense” as defined in Welfare and Institutions Code, section 6600(b) (the Sexually Violent Predator Law); oral copulation, sodomy or sexual penetration of a child under 14 and more than 10 years younger than the defendant; a lewd act on a child under 14; any homicide offense, including attempted homicide as defined in sections 187 – 191.5; solicitation to commit murder; assault with a machine gun on a peace officer; possession of a weapon of mass destruction; or any serious or violent offense punishable by life imprisonment or death. 509 12 May the court address the issue of dangerousness when deciding whether to grant reclassification? No. The applicant for reclassification need only show eligibility for relief; the court may not deny the petition based on dangerousness. What is the procedure for obtaining reclassification of a crime? The procedure potentially is the same as for resentencing, but the law specifically permits courts to grant reclassification of a crime without any hearing. (§ 1170.18(h).) The steps may include: • The filing of an application for reclassification; • A qualification hearing, if requested by the applicant or as may be necessary to determine the applicant’s eligibility; • Reclassification of the offense. What are the filing requirements for an application for reclassification? Proposition 47 does not specify any particular form of petition for resentencing. Some courts have developed local forms that may be used. Unless a superior court adopts a mandatory form as a local court rule, the petitioner may petition the court for relief in any manner that meets general pleading requirements. Some courts permit the application to be made by oral motion. Petitions must be filed by November 4, 2022, to be considered by the court, unless the person shows “good cause” Who presides over reclassification proceedings? As with resentencing proceedings, the original sentencing judge is required to preside over the reclassification application proceedings if that judge is available. If the original judge is unavailable, the presiding judge of the court will appoint a judge to review the petition. The parties may also agree that a different judge can conduct the review. What constitutes “unavailability” of a judge may be open to interpretation. What evidence can be considered in determining eligibility for reclassification? It is unclear what evidence may be considered in determining eligibility for resentencing. In similar circumstances, courts have limited the parties to offering the “record of conviction:” documents such as the complaint, plea forms, factual basis for the plea as stated on the record, and transcripts. May the victim participate in the reclassification process? It is unclear. It is not likely that the victim has any constitutional right to participate in the reclassification process. Section 1170.18(o) provides that “[a] resentencing hearing ordered under this Act shall constitute a ‘post-conviction release proceeding’ under paragraph (7) of subdivision (b) of Section 28 or Article I of the California Constitution (Marsy’s Law).” 510 13 (Emphasis added.) The purpose of Marsy’s Law is to ensure that victims have the right to participate in any decision which could result in the post-sentencing release of an offender. No one is being “released” as a result of the reclassification process. Furthermore, section 1170.18(h) expressly allows the court to grant the reclassification without any hearing – thus, there is no “resentencing hearing” that would trigger the victim’s rights under Marsy’s Law. What is the effect of the order granting reclassification? If the court grants the request to reclassify the offense as a misdemeanor, thereafter the crime will be treated as a misdemeanor for all purposes except for the right to own or possess firearms. (§ 1170.18(k).) 511 Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act Currently collecting signatures to qualify for the 2024 November General Election, this bi-partisan measure provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver. Addresses Organized and Serial Retail Theft Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught. This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. n Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theft- related convictions n Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties n Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more Confronts the Fentanyl Crisis in Our Communities The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. This measure will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers. n Adds fentanyl to the list of hard drugs — such as heroin, cocaine, and methamphetamine — that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities n Enables stricter penalties for dealers whose trafficking causes death or serious injury, and warns traffickers of potential murder charges if continued drug trafficking results in fatalities Whether it’s rampant retail theft causing neighborhood store closures and higher prices for working families, or the growing epidemic of fentanyl overdoses, Californians can’t afford half-measures when it comes to addressing these pressing issues. Passed in 2014, Prop 47 achieved notable success in making California’s criminal justice system more equitable. However, it led to unintended consequences over the past decade — repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment — that can only be corrected by the voters at the ballot box with modest amendments to Prop 47. It’s time for meaningful reforms to our justice system, including to Prop 47, that ensure our communities are safe. Smash-and-Grab Thefts. Skyrocketing Drug Addiction. More Dangerous Communities. 512 Prioritizes Mental Health and Drug Treatment Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. This measure provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse. n Enacts a new class of crime called a “treatment-mandated felony” where offenders with multiple hard drug possession convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration n Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged “ The Homelessness, Drug Addiction, and Theft Reduction Act will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities. I fully support this measure and know it will make a meaningful difference for cities across California.” ~ Mayor London Breed, San Francisco “ I am proud to lend my support to this public safety initiative that would make changes to Prop 47, which would address serious spikes to drug and theft crimes since the pandemic. Local law enforcement and my constituents are saying enough is enough. They want the state to address the increases we’re seeing in the homeless due to increased hard drug use, opioid-related overdoses, and escalating numbers of smash-and-grab and retail theft crimes.” ~ Assemblymember James Ramos “ We cannot be afraid to challenge the status quo when it is clearly not working for our residents. Prop 47 was well-intended but what really matters is its impact — and unfortunately, it’s hurting far too many families and small businesses across the state. We need reform that doesn’t take us back to the era of mass incarceration but allows judges to mandate treatment for those struggling with severe addiction, hold repeat offenders accountable, and treat fentanyl like the killer it is.” ~ Mayor Matt Mahan, San Jose Ad paid for by Californians to Reduce Homelessness, Drug Addiction, and Theft, sponsored by Golden State Communities Ad Committee’s Top Funders Walmart Home Depot USA Target Funding details at www.fppc.ca.gov California District Attorneys Association California Police Chiefs Association Crime Victims United Hope Street Coalition * Partial List Join Public Safety and Community Leaders JOIN THE COALITION TODAY! CASafeCommunities.org 513 THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT THE PROBLEM ▪ RETAIL THEFT 45.3% REDUCED STORE OPERATING HOURS 29.7% REDUCED/ALTERED IN-STORE PRODUCTS 28.1% REPORTS OF STORE CLOSURES HIGHER VOTER SUPPORT 84% BELIEVE THEFT IS RAMPANT 89% SUPPORT CHANGES TO PROP 47 TO ALLOW STRONGER PENALTIES 94% SUPPORT THE ADDITION OF FENTANYL TO EXISTING LAWS 92% BELIEVE FENTANYL IS MAJOR THREAT 82% BELIEVE HOMELESSNESS IS RAMPANT & INCREASES CRIME THE SOLUTION THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT BALLOT INITIATIVE Reclassify retail theft with 2 or more prior convictions as a felony After 2 hard drug convictions, discretion to charge 3rd hard drug possession as treatment mandated felony Address fentanyl crisis by going after fentanyl drug dealers CONTRIBUTEPHASE 2: CAMPAIGNPHASE 1: QUALIFICATION STATISTICS SOURCE: 2023 Retail Security Survey National Retail Federation 514 Agenda Item No.: 15.A Mtg. Date: 04/22/2024 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 FIRE FUEL ABATEMENT AND CODE ENFORCEMENT QUARTERLY REPORT FOR THE FIRST QUARTER OF 2024 (JANUARY 1 THROUGH MARCH 31) DATE:April 22, 2024 BACKGROUND: Quarterly meetings are held with various agencies involved in fire fuel reduction in Rolling Hills. The Code Enforcement Division provides quarterly updates on fuel abatement cases, including open and closed cases. Cases include dead vegetation and other code violations for the first quarter of 2024. Also included is a list of cumulative open cases. DISCUSSION: Quarterly Fire Fuel Abatement Meeting On April 4, 2024, the City held a Quarterly Fire Fuel Abatement meeting with representatives from the Palos Verdes Peninsula Land Conservancy (PVPLC), Southern California Edison (SCE), and Rolling Hills Community Association (RHCA). City staff made a presentation on code enforcement cases and fire fuel abatement in the City. During the first quarter of 2024, 10 cases were closed, including six dealing with vegetation or dead trees (see Attachment 3); 14 cases were opened, including seven involving vegetation or dead trees (see Attachment 2). Code enforcement is working on 15 open cases, four dealing with vegetation or dead trees (see Attachment 1). The City Attorney's office is working on three code enforcement cases (see attachments). PVPLC is continuing to mow and remove Acacia. Hand crews and goats are used in areas where mowing is too steep. They have seen improvements in areas maintained over the years. They recently purchased a new mower but need funding for staffing and are looking for funding sources. They are willing to provide tours as they have in the past and are willing to present the Council with a presentation if requested. 515 SCE sends its crews on trails for regular maintenance to clear vegetation near powerlines and equipment. They conduct inspections twice a year and are looking to restart in May or June. In high-fire-risk areas such as Rolling Hills, SCE trims 12 feet of clearance around powerlines and equipment. Their policy is to contact residents first before working on clearing vegetation. If contact has not been made, they will attempt to contact a neighbor to see if there is alternative access. They encourage residents to report overgrown vegetation near powerlines. RHCA discussed weed abatement concerns and work needed after the recent rains. The Department of Agricultural Commissioner/Weights and Measures representative was not at the meeting but did report afterward that they are clearing vegetation on a property on Roadrunner Road, which they do annually. They are responsible for overseeing dead vegetation on vacant properties and typically start annual inspections in late April. FISCAL IMPACT: Code enforcement services is provided contractually, and payment is made from the General Fund. RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1: CE_QRP_2024_Q1_240417_CE_AllOpenCases.pdf Attachment 2: CE_QRP_2024_Q1_OpenedCases.pdf Attachment 3: CE_QRP_2024_Q1_ClosedCases.pdf 516 Page: 1 of 1 Case Report ALL OPEN CASES 1/1/2019 - 04/17/2024 Case Date Address of Violation Description Follow-Up/ Status Follow Up Date Main Status 4/9/2024 8 Quail Ridge Rd. N Unpermitted building Follow-up needed 4/23/2024 Open 3/6/2024 28983 PVDE Stormwater drainage Confirming complaint; need RHCA follow up 4/23/2024 Pending 2/29/2024 6 Saddleback Rd. Debris and other material improperly stored on site. Referred to City Attorney -- Open 2/14/2024 17 Chuckwagon Rd. Garage conversion to bedroom and bathroom Confirming complaint 2/24/2024 Pending 2/13/2024 18 Poppy Trail Broken pipe causing erosion on neighboring property. Area tarped; plans required for permanent solution 4/23/2024 Open 11/7/2023 16 Buggy Whip Dr. 2nd Violation of trees in violation of conditions Follow-up needed 4/23/2024 Open 11/2/2023 17 Eastfield Dr. Unpermitted construction Follow-up needed 4/9/2024 Open 10/5/2023 5 Outrider Rd. Dog on the loose Follow-up needed 1/23/2024 Open 7/13/2023 79 Eastfield Dr. Overgrown vegetation & unfinished construction Referred to City Attorney; vegetation cleared -- Open 6/22/2023 4 Possum Ridge Rd. Unpermitted work/grading Planning application required 4/23/2024 Open 6/13/2023 20 Portuguese Bend Rd. Aggressive animal (Dog) Follow-up with dog owner; Update complainant 4/23/2024 Open 9/22/2022 29 Middleridge Ln. S Extensive grading and imported soil; dead shrubs/trees/vegetation Approved by PC on 4/16/24; grading permit needed 3/7/2024 Open 6/9/2022 4 Spur Ln. Dead/Dry vegetation Approved by PC; need to recheck location 4/23/2024 Open 7/6/2021 1 Chestnut Ln. Unpermitted structure (gazebo/outdoor kitchen) Approved by PC; building permit needed 4/30/2024 Open 11/1/2019 2950 PVDN Red-tagged residence Referred to City Attorney -- Open Total Records: 15 4/17/2024 517 Page: 1 of 1 Case Report – CASES OPENED Q1 2024 01/01/2024 - 03/31/2024 Case Opened Address of Violation Description Main Status 3/26/2024 68 Saddleback Rd. Dried Vegetation (Fallen Tree) Open 3/6/2024 28983 PV Dr East Stormwater drainage Pending 2/29/2024 6 Saddleback Rd. Debris and other material improperly stored on site. Open 2/15/2024 5 Crest Road E Tumbleweeds behind the fence of the property. Closed 2/15/2024 7 Ranchero Rd. Debris, trash, and miscellaneous materials left on a vacant lot. Closed 2/14/2024 17 Chuckwagon Garage conversion to bedroom and bathroom Pending 2/13/2024 9 Middleridge Ln S Tumbleweeds on open field Closed 2/13/2024 18 Poppy Trail Broken pipe causing erosion on neighboring property. Open 2/8/2024 38 Crest Road E Tumbleweed in front of the fence. Closed 2/1/2024 54 Eastfield Investigating concerns regarding an attractive nuisance. Feeding wildlife. Closed 1/30/2024 9 Flying Mane Unpermitted driveway construction Closed 1/25/2024 1 Southfield Tumbleweeds in the rear of the property. Closed 1/23/2024 2 Spur Lane Tumbleweeds and dead vegetation. Open 1/18/2024 4 Cinchring Tumbleweeds and dead vegetation Closed Total Records: 14 4/4/2024 518 Page: 1 of 1 Case Report – CASES CLOSED Q1 2024 01/01/2024 - 03/31/2024 Case Date Address of Violation Description Main Status Case Closed 2/15/2024 5 Crest Road E Tumbleweeds behind the fence of the property. Closed 3/12/2024 2/15/2024 7 Ranchero Rd. Debris, trash, and miscellaneous materials left on a vacant lot. Closed 2/29/2024 2/13/2024 9 Middleridge Ln S Tumbleweeds on open field Closed 2/27/2024 2/8/2024 38 Crest Road E Tumbleweed in front of the fence. Closed 2/13/2024 2/1/2024 54 Eastfield Investigating concerns regarding an attractive nuisance. Feeding wildlife. Closed 3/28/2024 1/30/2024 9 Flying Mane Unpermitted driveway construction Closed 3/21/2024 1/18/2024 4 Cinchring Tumbleweeds and dead vegetation Closed 2/6/2024 12/5/2023 100 Saddleback Rd. Tumbleweeds and overgrown vegetation Closed 3/5/2024 10/26/2023 23 Crest rd. E Tumbleweeds and vegetation Closed 1/2/2024 10/26/2023 17 Crest Road E Unpermitted work Closed 3/28/2024 Total Records: 10 4/4/2024 519