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CL_AGN_240624_CC_AgendaPacket_F_A1. 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. 6.A.FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL MEETING RECOMMENDATION: Approved 7. PUBLIC COMMENT ON NON-AGENDA ITEMS This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 8. CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, June 24, 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. 1371 Next Ordinance No. 385 CL_AGN_240624CC_Item7A.pdf CL_AGN_240624CC_Item7A_PublicComment01.pdf CL_AGN_240624_CC_Item8C.pdf 1 Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion. 8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 24, 2024 RECOMMENDATION: Approve. 8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 10, 2024 REGULAR MEETING RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 8.E.REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR MAY 2024 RECOMMENDATION: Receive and file. 8.F.APPROVE SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MCGOWAN CONSULTING LLC. FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE RECOMMENDATION: Approve as presented. 9. EXCLUDED CONSENT CALENDAR ITEMS 10. COMMISSION ITEMS 11. PUBLIC HEARINGS 12. OLD BUSINESS CL_AGN_240624_CC_AffidavitofPosting.pdf CL_MIN_240610_CC_F.pdf CL_MIN_240610_CC_F_A.pdf CL_AGN_240624_CC_PaymentOfBills_E.pdf VC_REP_240620_May_C&D_Report.pdf VC_REP_240620_May_YTD_TonnageReport.pdf VC_REP_240620_May_RedTagReport.pdf VC_REP_240619_May_City-RedTagList.pdf VC_REP_240620_May_CallLog_Redacted.pdf VC_REP_240619_May_CityComplaintsList_Redacted.pdf CA_AGR_240624_McGowan_Amend07_F.pdf CA_AGR_240624_McGowan_ScopeOfServices.pdf CA_AGR_240606_McGowan_Proposal.pdf 2 12.A.RECONSIDERATION OF PREVIOUSLY APPROVED ROLLING HILLS COMMUNITY ASSOCIATION LEAD RESPONSIBILITY FOR THE COMBINED TENNIS COURT ADA AND CABANA PROJECTS AND CITY LEAD FOR CONSTRUCTION OF THE SUBSEQUENT TENNIS COURT #1 EXPANSION PROJECT RECOMMENDATION: Provide direction to staff. 12.B.CONSIDERATION FOR POTENTIAL ADOPTION OF PROPOSED GIFT POLICY PRIOR TO ACCEPTANCE OF CHARITABLE CONTRIBUTIONS USED FOR PUBLIC PURPOSES IN ACCORDANCE WITH IRS CODE SECTION 170(C)(1) RECOMMENDATION: Approve as presented with modifications per City Council direction. 13. NEW BUSINESS 13.A.ADOPT RESOLUTION NO. 1370 APPROVING THE "DESIGNATION OF APPLICANT'S RESOLUTION FOR NON-STATE AGENCIES" (CALOES FORM- 130) AND TO DESIGNATE AUTHORIZED SIGNATORIES AMONG CITY STAFF TO SIGN APPLICATIONS FOR FEDERAL FINANCIAL ASSISTANCE IN THE CASE OF EXISTING OR FUTURE GRANTS UNDER APPLICABLE STATE AND FEDERAL LAW RECOMMENDATION: Approve as presented. 14. MATTERS FROM THE CITY COUNCIL 15. MATTERS FROM STAFF 16. RECESS TO CLOSED SESSION 16.A.CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) AND (E)(3)THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION.NUMBER OF POTENTIAL CASES: (7)(GOVERNMENT CLAIMS ACT FORM SUBMITTED BY VARIOUS PROPERTY OWNERS IN RANCHO PALOS VERDES AGAINST THE CITY OF ROLLING HILLS ALLEGING DAMAGE TO PROPERTY) RECOMMENDATION: None. 17. RECONVENE TO OPEN SESSION 18. ADJOURNMENT Adjourn in memory of long-time resident Janice Adams. Next regular meeting: Monday, July 8, 2024 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. CL_AGN_240422_CC_Item13D_TennisCourtLeads.pdf CL_AGN_240624_CC_GiftPolicy_D.pdf ResolutionNo1370_DesignationOfAgentCalOES_F.pdf GR_OES_240624_DesignationOfApplicantsAgentResolution_Form130_F.pdf 3 Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 4 Agenda Item No.: 6.A Mtg. Date: 06/24/2024 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: FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL MEETING DATE:June 24, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approved. ATTACHMENTS: CL_AGN_240624CC_Item7A.pdf CL_AGN_240624CC_Item7A_PublicComment01.pdf CL_AGN_240624_CC_Item8C.pdf 5 BLUE FOLDER ITEM (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. CITY COUNCIL MEETING June 24, 2024 7A. PUBLIC COMMENT ON NON-AGENDA ITEMS FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_AGN_240624CC_Item7A_PublicComment01.pdf 6 Alfred Visco Statement At Rolling Hills 6-24-24 City Council Meeting Re: Improving Wildfire Resiliency of Storm Hill Park The City of Rolling Hills should prioritize improving the wildfire resiliency of Storm Hill Park , despite its challenging terrain. 1. High-Risk Area Mitigation: By focusing on the Park, significant parts of two of the eleven critical high wildfire risk canyons in the City can be targeted. These two canyons are a fire fuel problem in and of themselves. No matter how a fire involves the Park it would move uphill from Middleridge South to Buggy Whip and the top of Johns Canyon Road and Crest Road West which not only directly threatens the homes in the area, which with the approved Storm Hill Subdivision will eventually add three more homes in close proximate to the Park, but will also have the potential to negatively impact one of the major evacuation routes of the City. Also the Park land contains highly flammable vegetation. Removal of said vegetation would partially fulfill the Community Wildfire Protection Plan’s goal of the governing parties creating a plan for the eradication or removal of such vegetation within the community. As a start a fire break between the Park land and the Storm properties would be a relatively inexpensive attempt at a fix while a more extensive wildfire resiliency project is developed and financed. 2. No Need for Private Property Approval: Unlike other areas in the City, enhancing wildfire resiliency of the Park does not require coordination or approval from private property owners. Since the Park is leased to the Association, the actual implementation of improving the Park’s wildfire resiliency could be assigned to the Association by an appropriate lease amendment with the City reimbursing the Association for the initial cost and ongoing maintenance cost. The Association has the expertise due to its successful Portugese Bend Road-Si Bridle Trail demonstration project. Alternatively the City could simply implement the Project without the involvement of the Association. In either scenario this enables a more streamlined and efficient implementation of necessary measures. 3. Potential Funding In Whole Or In Part Through The Proposed City Gift Policy: The City’s proposed gift policy presents a potential innovative funding source for this critical project. Donations made towards improving the Park’s wildfire resiliency can receive favorable tax treatment making it an attractive proposition for potential donors. Also donors might not be limited to residents within the City. Property owners from the neighboring Westfield area, which adjoins the Park, might be willing to contribute, recognizing the mutual benefits of a safer, more resilient Park and the favorable tax treatment. 4. Models for Future Projects: Implementing this project successfully can serve as a model for future canyon wildfire mitigation efforts throughout Rolling Hills even if those canyons are on private property. It also demonstrates the City’s commitment to safety and environmental stewardship, potentially attracting further investment and support. In conclusion, investing in the wildfire resiliency of the Park is long overdue. It is a strategic and feasible endeavor which should receive community-support. It addresses high-risk areas, bypasses the complication of private property negotiations, and leverages the City’s proposed gift policy to 7 secure necessary funding. This project not only enhances safety for our residents but also sets a precedent for ongoing and future wildfire mitigation efforts. I urge the City to take decisive action in improving the Park’s wildfire resiliency ensuring a safer environment for all. As a start a fire break between the Park land and the Storm properties would be a relatively inexpensive attempt at a fix while a more extensive wildfire resiliency project is developed and financed. 8 BLUE FOLDER ITEM (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. CITY COUNCIL MEETING June 24, 2024 8C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 10, 2024 REGULAR MEETING FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_MIN_240610_CC_F_A.pdf 9 Agenda Item No.: 8.A Mtg. Date: 06/24/2024 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 JUNE 24, 2024 DATE:June 24, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_240624_CC_AffidavitofPosting.pdf 10 Administrative Report 8.A., File # 2357 Meeting Date: 6/24/2024 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF JUNE 24, 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 JUNE 24, 202 4 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: June 21 , 202 4 11 Agenda Item No.: 8.B Mtg. Date: 06/24/2024 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:June 24, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 12 Agenda Item No.: 8.C Mtg. Date: 06/24/2024 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: JUNE 10, 2024 REGULAR MEETING DATE:June 24, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_240610_CC_F.pdf CL_MIN_240610_CC_F_A.pdf 13 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 1 Minutes Rolling Hills City Council Monday, June 10, 2024 Regular Meeting 7:00 p.m. 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:01 p.m. Mayor Mirsch presiding. 2. ROLL CALL Councilmembers Present: Wilson, Black, Dieringer, Mayor Pro Tem Pieper, Mayor Mirsch Councilmembers Absent: None Staff Present: Karina Bañales, City Manager Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director Samantha Crew, Management Analyst Robert Samario, Finance Operations Lead Consultant Pat Donegan, City Attorney 3. PLEDGE OF ALLEGIANCE – Councilmember Wilson 4. PRESENTATIONS / PROCLAMATIONS / ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Motion by Councilmember Wilson, seconded by Mayor Pro Tem Pieper to move Items 11A and 13A after Item 7 and move Item 13B after Item 10. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file Blue Folder Items 11A, 13A and 15A. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 7. PUBLIC COMMENT ON NON-AGENDA ITEMS Public Comment: Arlene Honbo, Arun Bhumitra, Sandra Kerner, Marita Geraghty Mayor Mirsch moved to Item 11A. 11. PUBLIC HEARINGS 14 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 2 11.A. CONSIDERATION OF RESOLUTION NO. 1364 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FISCAL YEAR 2024 -2025 CITY OF ROLLING HILLS BUDGET INCLUDING THE GENERAL FUND; REFUSE COLLECTION FUND; TRANSIT FUND - MEASURE R; TRANSIT FUND - MEASURE M; TRANSIT FUND - PROPOSITION A; TRANSIT FUND - PROPOSITION C; COPS FUND; MEASURE W FUND; AND RESOLUTION NO. 1365 ESTABLISHING THE ANNUAL FISCAL YEAR 2024 -2025 APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS Presentation by Finance Operations Lead Consultant Robert Samario Public Comment: Arlene Honbo Motion by Mayor Pro Tem Pieper, seconded by Councilmember Wilson to approve as presented and adopt both resolutions. Motion carried unanimously with the following vote: AYES: Wilson, Black , Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None Mayor Mirsch moved to Item 13A 13. NEW BUSINESS 13.A. FISCAL YEAR 2023/24 THIRD QUARTER INTERIM FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED MARCH 31, 2024 Presentation by Finance Operations Lead Consultant Robert Samario Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Black , Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None Mayor Mirsch moved to Item 8 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 10, 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: MAY 13, 2024 REGULAR MEETING 8.D. PAYMENT OF BILLS 8.E. PULLED BY MAYOR MIRSCH 8.F. APPROVE THE FOLLOWING STANDING COMMITTEE MINUTES: JANUARY 12, 2024 SOLID WASTE & RECYCLING COMMITTEE SPECIAL MEETING 15 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 3 MARCH 11, 2024 AND MAY 6, 2024 FINANCE, BUDGET, AND AUDIT COMMITTEE REGULAR MEETINGS 8.G. ADOPT RESOLUTION NO. 1366, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, IN SUPPORT OF THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 8.H. PULLED BY COUNCILMEMBER WILSON 8.I. REAPPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JTL CONSULTANTS FOR $5,000 PER FISCAL YEAR FOR ON-CALL ARBORIST SERVICES TO SUPPORT STAFF IN FIRE FUEL ABATEMENT CODE ENFORCEMENT CASES Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to approve Consent Calendar except Items 8 E and 8H. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 9. EXCLUDED CONSENT CALENDAR ITEMS 8.H. ADOPT RESOLUTION NO. 1367, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING ITS AVAILABLE PROPOSITION C TRANSPORTATION FUNDS TO THE CITY OF ROLLING HILLS ESTATES FOR THE REHABILITATION OF DEEP VALLEY DRIVE / DRYBANK DRIVE / INDIAN PEAK ROAD Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Wilson, seconded by Councilmember Dieringer to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR APRIL 2024 Motion by Mayor Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 10. COMMISSION ITEMS – NONE Mayor Mirsch moved to Item 13B. 13. NEW BUSINESS 16 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 4 13.B. ADOPT RESOLUTION NO. 1369 APPROVING A FIVE-YEAR MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) WITH THE COUNTY OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES OF THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT ANNUALLY UP TO AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2029; AND AUTHORIZE THE MAYOR TO EXECUTE THE MLESA Presentation by City Manager Karina Bañales Public Comment: Lieutenant Pinto of the Los Angeles County Sherrif’s Department, Lomita Station Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 12. OLD BUSINESS 12.A. ADOPT RESOLUTION NO. 1368, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2023-2024 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $66,345.73 IN FUND 16 FROM A TRANSFER OF GENERAL FUND RESERVES FOR PROVIDING SPECIALTY POTHOLING SERVICES WITHIN THE 20B PORTION OF THE EASTFIELD DRIVE FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Wilson, seconded by Councilmember Black to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 14. MATTERS FROM THE CITY COUNCIL 14.A. RECEIVE AND FILE A VERBAL REPORT REGARDING HOMEOWNERS INSURANCE RENEWAL CHALLENGES AND THE CALIFORNIA INSURANCE COMMISSION'S EFFORT TO RESOLVE (MAYOR MIRSCH) Presentation by Mayor Mirsch Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 15. MATTERS FROM STAFF 17 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 5 15.A. PRESENTATION REGARDING OPEN FIRE PITS WITHIN CITY LIMITS Presentation by Planning & Community Services Director John Signo Public Comment: Marian Visco, Gene Honbo, Marita Geraghty, Arlen Honbo Mayor Mirsch read a submitted email comment from Alfred Visco Motion by Councilmember Dieringer, seconded by Councilmember Black to add educational info and fire code requirements to the Blue Newsletter. Motion carried unanimously with the following vote: AYES: Wilson, Black , Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 16. RECESS TO CLOSED SESSION – 9:15 P.M. 16.A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE § 54956.9(C) AND (D)(4) REGARDING THE DECISION OF WHETHER TO INITIATE LITIGATION (1 CASE) 16.B. CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) AND (E)(3) THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. NUMBER OF POTENTIAL CASES: (7) (GOVERNMENT CLAIMS ACT FORM SUBMITTED BY VARIOUS PROPERTY OWNERS IN RANCHO PALOS VERDES AGAINST THE CITY OF ROLLING HILLS ALLEGING DAMAGE TO PROPERTY) 17. RECONVENE TO OPEN SESSION – 10:12 P.M. 18. ADJOURNMENT: 10:16 P.M. The meeting was adjourned in memory of longtime resident Parnelli Jones and Kathy Roberts at 10:16 p.m. on June 10, 2024. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, June 24, 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 18 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 1 Minutes Rolling Hills City Council Monday, June 10, 2024 Regular Meeting 7:00 p.m. 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:01 p.m. Mayor Mirsch presiding. 2. ROLL CALL Councilmembers Present: Wilson, Black, Dieringer, Mayor Pro Tem Pieper, Mayor Mirsch Councilmembers Absent: None Staff Present: Karina Bañales, City Manager Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director Samantha Crew, Management Analyst Robert Samario, Finance Operations Lead Consultant Pat Donegan, City Attorney 3. PLEDGE OF ALLEGIANCE – Councilmember Wilson 4. PRESENTATIONS / PROCLAMATIONS / ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Motion by Councilmember Wilson, seconded by Mayor Pro Tem Pieper to move Items 11A and 13A after Item 7 and move Item 13B after Item 10. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file Blue Folder Items 11A, 13A and 15A. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 7. PUBLIC COMMENT ON NON-AGENDA ITEMS Public Comment: Arlene Honbo, Arun Bhumitra, Sandra Kerner, Marita Geraghty Mayor Mirsch moved to Item 11A. 11. PUBLIC HEARINGS 19 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 2 11.A. CONSIDERATION OF RESOLUTION NO. 1364 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FISCAL YEAR 2024 -2025 CITY OF ROLLING HILLS BUDGET INCLUDING THE GENERAL FUND; REFUSE COLLECTION FUND; TRANSIT FUND - MEASURE R; TRANSIT FUND - MEASURE M; TRANSIT FUND - PROPOSITION A; TRANSIT FUND - PROPOSITION C; COPS FUND; MEASURE W FUND; AND RESOLUTION NO. 1365 ESTABLISHING THE ANNUAL FISCAL YEAR 2024 -2025 APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS Presentation by Finance Operations Lead Consultant Robert Samario Public Comment: Arlene Honbo Motion by Councilmember Dieringer to add $2500 or $5000 to the City Council expenses line item. Motion failed f or lack of a second. Motion by Mayor Pro Tem Pieper, seconded by Councilmember Wilson to approve as presented and adopt both resolutions. Motion carried unanimously with the following vote: AYES: Wilson, Black , Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None Mayor Mirsch moved to Item 13A 13. NEW BUSINESS 13.A. FISCAL YEAR 2023/24 THIRD QUARTER INTERIM FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED MARCH 31, 2024 Presentation by Finance Operations Lead Consultant Robert Samario Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Black , Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None Mayor Mirsch moved to Item 8 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 10, 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: MAY 13, 2024 REGULAR MEETING 8.D. PAYMENT OF BILLS 8.E. PULLED BY MAYOR MIRSCH 20 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 3 8.F. APPROVE THE FOLLOWING STANDING COMMITTEE MINUTES: JANUARY 12, 2024 SOLID WASTE & RECYCLING COMMITTEE SPECIAL MEETING MARCH 11, 2024 AND MAY 6, 2024 FINANCE, BUDGET, AND AUDIT COMMITTEE REGULAR MEETINGS 8.G. ADOPT RESOLUTION NO. 1366, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, IN SUPPORT OF THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 8.H. PULLED BY COUNCILMEMBER WILSON 8.I. REAPPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JTL CONSULTANTS FOR $5,000 PER FISCAL YEAR FOR ON-CALL ARBORIST SERVICES TO SUPPORT STAFF IN FIRE FUEL ABATEMENT CODE ENFORCEMENT CASES Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to approve Consent Calendar except Items 8 E and 8H. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 9. EXCLUDED CONSENT CALENDAR ITEMS 8.H. ADOPT RESOLUTION NO. 1367, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING ITS AVAILABLE PROPOSITION C TRANSPORTATION FUNDS TO THE CITY OF ROLLING HILLS ESTATES FOR THE REHABILITATION OF DEEP VALLEY DRIVE / DRYBANK DRIVE / INDIAN PEAK ROAD Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Wilson, seconded by Councilmember Dieringer to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR APRIL 2024 Motion by Mayor Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 10. COMMISSION ITEMS – NONE Mayor Mirsch moved to Item 13B. 21 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 4 13. NEW BUSINESS 13.B. ADOPT RESOLUTION NO. 1369 APPROVING A FIVE-YEAR MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) WITH THE COUNTY OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES OF THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT ANNUALLY UP TO AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2029; AND AUTHORIZE THE MAYOR TO EXECUTE THE MLESA Presentation by City Manager Karina Bañales Public Comment: Lieutenant Pinto of the Los Angeles County Sherrif’s Department, Lomita Station Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 12. OLD BUSINESS 12.A. ADOPT RESOLUTION NO. 1368, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2023 -2024 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $66,345.73 IN FUND 16 FROM A TRANSFER OF GENERAL FUND RESERVES FOR PROVIDING SPECIALTY POTHOLING SERVICES WITHIN THE 20B PORTION OF THE EASTFIELD DRIVE FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Wilson, seconded by Councilmember Black to approve as presented. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 14. MATTERS FROM THE CITY COUNCIL 14.A. RECEIVE AND FILE A VERBAL REPORT REGARDING HOMEOWNERS INSURANCE RENEWAL CHALLENGES AND THE CALIFORNIA INSURANCE COMMISSION'S EFFORT TO RESOLVE (MAYOR MIRSCH) Presentation by Mayor Mirsch Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 22 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 5 15. MATTERS FROM STAFF 15.A. PRESENTATION REGARDING OPEN FIRE PITS WITHIN CITY LIMITS Presentation by Planning & Community Services Director John Signo Public Comment: Marian Visco, Gene Honbo, Marita Geraghty, Arlen Honbo Mayor Mirsch read a submitted email comment from Alfred Visco Motion by Councilmember Dieringer, seconded by Councilmember Black to add educational info and fire code requirements to the Blue Newsletter. Motion carried unanimously with the following vote: AYES: Wilson, Black , Dieringer, Pieper, Mayor Mirsch NOES: None ABSENT: None 16. RECESS TO CLOSED SESSION – 9:15 P.M. 16.A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE § 54956.9(C) AND (D)(4) REGARDING THE DECISION OF WHETHER TO INITIATE LITIGATION (1 CASE) 16.B. CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) AND (E)(3) THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. NUMBER OF POTENTIAL CASES: (7) (GOVERNMENT CLAIMS ACT FORM SUBMITTED BY VARIOUS PROPERTY OWNERS IN RANCHO PALOS VERDES AGAINST THE CITY OF ROLLING HILLS ALLEGING DAMAGE TO PROPERTY) 17. RECONVENE TO OPEN SESSION – 10:12 P.M. 18. ADJOURNMENT: 10:16 P.M. The meeting was adjourned in memory of longtime resident Parnelli Jones and Kathy Roberts at 10:16 p.m. on June 10, 2024. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, June 24, 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 23 MINUTES – CITY COUNCIL MEETING Monday, June 10, 2024 Page 6 Approved, ____________________________________ Leah Mirsch, Mayor 24 Agenda Item No.: 8.D Mtg. Date: 06/24/2024 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:June 24, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_240624_CC_PaymentOfBills_E.pdf 25 26 27 Agenda Item No.: 8.E Mtg. Date: 06/24/2024 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: REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR MAY 2024 DATE:June 24, 2024 BACKGROUND: Please note that Republic has been asked to provide footnotes per Council direction. They will try to accommodate on future reports. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: VC_REP_240620_May_C&D_Report.pdf VC_REP_240620_May_YTD_TonnageReport.pdf VC_REP_240620_May_RedTagReport.pdf VC_REP_240619_May_City-RedTagList.pdf VC_REP_240620_May_CallLog_Redacted.pdf VC_REP_240619_May_CityComplaintsList_Redacted.pdf 28 Republic Services City of Rolling Hills C&D Report Reporting Period May-24 Disposal Site Material Loads Taken Tons Collected CWS C&D 1 11.15 Summary Row Labels Sum of Tons Collected C&D 11.15 Grand Total 11.15 Page 1 of 1 29 Year 2024 Franchise Y/N Y Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % 1 Greenwaste 79.86 79.86 - 100.00% Trash 247.10 - 247.10 0.00% 1 Total 326.96 79.86 247.10 24.43% 2 Greenwaste 51.72 51.72 - 100.00% Trash 198.13 - 198.13 0.00% 2 Total 249.85 51.72 198.13 20.70% 3 Greenwaste 53.42 53.42 - 100.00% Trash 199.60 - 199.60 0.00% 3 Total 253.02 53.42 199.60 21.11% 4 Greenwaste 116.50 116.50 - 100.00% Trash 183.05 - 183.05 0.00% Trash - Free Residential Roll Off Bin 3.76 - 3.76 0.00% 4 Total 303.31 116.50 186.81 38.41% 5 Greenwaste 101.62 101.62 - 100.00% Trash 180.98 - 180.98 0.00% 5 Total 282.60 101.62 180.98 35.96% Grand Total 1,415.74 403.12 1,012.62 28.47% CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2024 Page 1 of 2 30 Year 2024 Franchise Y/N N Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % 1 Greenwaste 19.61 19.61 - 100.00% Recycle 0.27 0.04 0.23 15.00% Trash 59.97 - 59.97 0.00% Organics 0.16 0.10 0.06 61.71% C&D 4.27 3.43 0.84 80.24% 1 Total 84.29 23.18 61.11 27.50% 2 Greenwaste 16.94 16.94 - 100.00% Recycle 0.29 0.11 0.18 37.67% Trash 57.05 - 57.05 0.00% C&D 11.29 9.05 2.25 80.10% 2 Total 85.57 26.09 59.47 30.50% 3 Greenwaste 6.42 6.42 - 100.00% Recycle 0.22 0.08 0.13 38.48% Trash 35.05 - 35.05 0.00% 3 Total 41.69 6.50 35.19 15.60% 4 Greenwaste 11.07 11.07 - 100.00% Recycle 0.27 0.11 0.16 40.00% Trash 46.40 - 46.40 0.00% 4 Total 57.74 11.18 46.56 19.36% 5 Recycle 0.27 0.09 0.19 31.77% Trash 70.08 - 70.08 0.00% Organics 0.17 0.12 0.05 70.73% C&D 11.15 8.95 2.20 80.24% 5 Total 81.68 9.16 72.52 11.21% Grand Total 350.96 76.11 274.85 21.69% CITY OF ROLLING HILLS NON-FRANCHISE 2024 Page 2 of 2 31 Rolling Hills Red Tags – May 2024 Date Address Code Issue COMM 5/24/2024 20 OUTRIDER RD 2 Locked No 5/29/2024 20 CHUCKWAGON RD 7 Green waste overloaded No 5/31/2024 64 SADDLEBACK RD 1 Dog unleashed No 32 City of Rolling Hills Red Tag List‐ May 2024 Republic Services ‐ Red Tag List Date of Issue Time Issue Resident Name Resident  Address Republic contacted Republic Reponse Date  Reponse  Time of  Reponse Resolved 5/30/2024 Red Tag: Unable to service trash due to  blocked access way Resident Tanasha Malone Tanasha Malone ########yes 5/30/2024 Red Tag: Green waste Not Bundled Properly Resident Tanasha Malone Tanasha Malone ########yes 5/31/2024 Red Tag: Green Waste Overloaded/ Not  Bundled Properly Resident Tanasha Malone Tanasha Malone ########yes 33 Republic Services Call Log Report City:Rolling Hills Year 2024 Month/Quarter 5 Summary of Calls by Type Final Call Final Call Type Sub-Type Total 2.Complaint Escalation 2 2.Complaint Total 2 3.Missed Pick Up Missed Recycle - Residential 1 Missed Trash - Residential 8 Missed Yard Waste - Residential 2 3.Missed Pick Up Total 11 Grand Total 13 Pg 1 of 4 34 Republic Services Call Log Report Final Call Type Sub-Type Case Number Date/Time Opened Date/Time Closed Created By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone 2.Complaint Escalation 20240509-193028006 5/9/2024 12:54 PM 5/15/2024 1:26 PM Rodrigo Emmanuel Soto GORDON INMAN called to report an issue. cx said that he is been waiting for his yard waste to get picked up since Tuesday, please make sure to get this container empty for today as schedule and as well make sure this issue not happen once a COMPLETED RESI 9020003170 1 CURRENT RESIDENT 11 CABALLEROS RD ROLLING HILLS CA ( - 2.Complaint Escalation 20240524-194005031 5/24/2024 1:14 PM 5/29/2024 1:14 PM Ana DELGADO hammock . called to report an issue. not acceptable pick up for tuesdays needs someone today . completed COMPLETED RESI 9020002983 1 RESIDENT 3 MIDDLERIDGE LN N ROLLING HILLS CA (000) 000-0000 3.Missed Pick Up Missed Recycle - Residential 20240511-193130411 5/11/2024 9:56 AM 5/15/2024 10:45 PM Anna Villa (blank)(blank)RESI 9020003425 1 RESIDENT 12 SOUTHFIELD DR ROLLING HILLS CA (000) 000-0000 3.Missed Pick Up Missed Trash - Residential 20240511-193130398 5/11/2024 9:55 AM 5/15/2024 10:45 PM Anna Villa (blank)(blank)RESI 9020003425 1 RESIDENT 12 SOUTHFIELD DR ROLLING HILLS CA (000) 000-0000 3.Missed Pick Up Missed Trash - Residential 20240524-193971728 5/24/2024 9:02 AM 5/29/2024 10:39 PM Amber Rust (blank)(blank)RESI 9020003282 1 R WITTE 5 QUAIL RIDGE RD S ROLLING HILLS CA Pg 2 of 4 35 Republic Services Call Log Report Final Call Type Sub-Type Case Number Date/Time Opened Date/Time Closed Created By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone 3.Missed Pick Up Missed Trash - Residential 20240523-193943505 5/23/2024 4:52 PM 5/29/2024 10:39 PM Juan Carlos Leyva Roman (blank)(blank)RESI 9020002983 1 RESIDENT 3 MIDDLERIDGE LN N ROLLING HILLS CA (000) 000-0000 3.Missed Pick Up Missed Trash - Residential 20240514-193286784 5/14/2024 11:44 AM 5/16/2024 10:44 PM Thomas Valdez (blank)(blank)RESI 9020003085 1 IVY WANG 3 PACKSADDLE RD E ROLLING HILLS CA ( - 3.Missed Pick Up Missed Trash - Residential 20240514-193264981 5/14/2024 9:22 AM 5/16/2024 10:44 PM Nimsi Gonzalez (blank)(blank)RESI 9020003397 1 CHARLIE JITTERS 67 SADDLEBACK RD ROLLING HILLS CA 3.Missed Pick Up Missed Trash - Residential 20240514-193263628 5/14/2024 9:13 AM 5/16/2024 10:44 PM Hector Del Rasso (blank)(blank)RESI 9020003081 1 RESIDENT 1 PACKSADDLE RD E ROLLING HILLS CA (000) 000-0000 3.Missed Pick Up Missed Trash - Residential 20240514-193282495 5/14/2024 11:15 AM 5/16/2024 10:44 PM Cesar Verdugo (blank)(blank)RESI 9020003692 1 CURRENT RESIDENT 9 JOHNS CANYON RD ROLLING HILLS CA (000) 000-0000 3.Missed Pick Up Missed Trash - Residential 20240515-193340242 5/15/2024 7:56 AM 5/17/2024 10:48 PM Karyme Lira Garcia (blank)(blank)RESI 9020003427 1 RESIDENT 14 SOUTHFIELD DR ROLLING HILLS CA (000) 000-0000 Pg 3 of 4 36 Republic Services Call Log Report Final Call Type Sub-Type Case Number Date/Time Opened Date/Time Closed Created By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone 3.Missed Pick Up Missed Yard Waste - Residential 20240507-192814170 5/7/2024 9:09 AM 5/8/2024 10:48 PM Kiana Gillard (blank)(blank)RESI 9020003170 1 CURRENT RESIDENT 11 CABALLEROS RD ROLLING HILLS CA ( 3.Missed Pick Up Missed Yard Waste - Residential 20240508-192898787 5/8/2024 8:18 AM 5/10/2024 10:41 PM Juan Carlos Serrano (blank)(blank)RESI 9020003170 1 CURRENT RESIDENT 11 CABALLEROS RD ROLLING HILLS CA Pg 4 of 4 37 City of Rolling Hills Republic Complaint Log ‐ May 2024 5/8/2024 12:22PM Missed Green Waste 2 Chesterfield Rd.Miguel Ruiz Miguel Ruiz 5/8/2024 12:25PM yes 5/10/2024 10:40AM Missed Regular Trash Pickup 65 Portuguese Bend Rd.Nick Himan Nick  Himan 5/10/2024 10:49AM yes 5/13/2024 11:10AM Missed Regular Trash Pickup 13 Johns Canyon Rd.Miguel Ruiz Miguel Ruiz 5/13/2024 3:18PM yes 5/13/2024 2:42PM Missed Trash Pickup All Last Week 12 Southfield Dr. Miguel Ruiz Miguel Ruiz 5/13/2024 3:18PM yes  5/14/2024 8:14AM Missed Trash Pickup All Last Week 34 Portuguese Bend Rd. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes  5/14/2024 8:25AM Missed Trash Pickup All Last Week 14 Southfield Dr. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/14/2024 9:50AM Missed Trash Pickup All Last Week 1 Packsaddle Rd. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/14/2024 11:28AM Missed Trash Pickup All Last Week 2 wrangler Rd. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/14/2024 12:55PM Missed Trash Pickup All Last Week 71 Eastfield Dr. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/14/2024 1:46PM Missed Trash Pickup 36 Portuguese Bend Rd. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/15/2024 8:43AM Missed Trash Pickup All Last Week 7 Packsaddle Rd. E. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/15/2024 8:43AM Missed Trash Pickup All Last Week 67 Saddleback Rd. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/15/2024 8:43AM Missed Trash Pickup 1 Williamsburg Lane Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/15/2024 10:40AM Missed Trash Pickup 63 Eastfield Dr. Tanasha Malone Tanasha Malone 5/15/2024 9:13AM yes 5/15/2024 11:41AM Missed Trash Pickup 5 Caballeros Rd. Tanasha Malone No Response No Response No Response yes 5/15/2024 11:41AM Missed Trash Pickup Buggy whip & Poppytrail Tanasha Malone No Response No response No Response yes 5/17/2024 1:09PM Missed Trash Pickup 65 Portuguese Bend Rd. Tanasha Malone Tanasha Malone 5/17/2024 1:45PM yes 5/20/2024 12:39PM Missed Greenwaste Pickup For Over a Week 36 Eastfield Dr. Tanasha Malone Tanasha Malone No Response No Response No response  5/28/2024 7:49AM Missed Trash/ Greenwaste For Over a Week 12 Flying Mane Rd. Tanasha Malone Tanasha Malone 5/28/2024 7:55AM no 5/29/2024 7:41AM Missed Trash/ Greenwaste For Over a Week 12 Flying Mane Rd. Tanasha Malone Tanasha Malone 5/29/2024 1:04PM yes 5/29/2024 3:37PM Missed Greenwaste Pickup 7 Southfield Dr. Tanasha Malone Tanasha Malone 5/29/2024 4:30PM yes  5/31/2024 1:18PM Missed Trash Pickup 17 Caballeros Rd.Tanasha Malone Tanasha Malone 5/31/2024 1:31PM yes  38 Agenda Item No.: 8.F Mtg. Date: 06/24/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:SAMANTHA CREW, MANAGEMENT ANALYST THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: APPROVE SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MCGOWAN CONSULTING LLC. FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE DATE:June 24, 2024 BACKGROUND: Kathleen McGowan, founder, and principal of McGowan Consulting LLC (McGowan), is a stormwater quality and watershed protection specialist who has contracted with the City of Rolling Hills since 2003. McGowan is familiar with the City’s unique characteristics as it pertains to stormwater. She has effectively worked with staff to fulfill the requirements of the City’s Regional Municipal Storm Water Permit (MS4), as well as supported the City in the cooperative implementation of the Peninsula Watershed Management Program (WMP) and the Coordinated Integrated Monitoring Program (CIMP). McGowan successfully obtained final approval of the Peninsula WMP with the City, which included an 85th percentile, 24-hour rainfall runoff retention area. This is a rare accomplishment, particularly among the municipalities in Los Angeles County. Additionally, McGowan was successful in modifying the permit requirements, which allowed the City to participate alongside the other Peninsula agencies in a CIMP, leading to a reduction in monitoring costs. Recently, McGowan delivered the City’s Illicit Discharge Detection & Elimination (IDDE) Procedures Manual with feedback from staff. As prescribed in the Regional MS4 Permit, the manual must be updated once during the Permit’s five-year term. DISCUSSION: The MS4 Permit entails multiple obligations reported annually to the Los Angeles Regional Water Quality Control Board (LARWQCB). McGowan’s proposal highlights the tasks she intends to perform in managing the Regional MS4 permit and watershed group implementation and reporting activities. Tracking regulatory activities impacting the City’s stormwater program requires the City’s 39 consultant to be informed of statewide water quality standards, statewide permitting policies, State and Regional Water Board orders, and Total Maximum Daily Load (TMDL) updates. McGowan’s familiarity with these mandates and her providing City-specific regulatory assistance related to limitations in discharges to Machado Lake is an asset. The City must develop and implement a Public Information and Participation Program (PIPP) in accordance with the MS4 Permit. McGowan will help staff create outreach materials, promote local environmental events, and track these commitments for MS4 Permit reporting. Planning and land development and construction training are also necessary under the permit. The McGowan team will continue to provide staff with these resources as well as other guidance, including education pertaining to Low-Impact Development (LID) and IDDE requirements. McGowan supports the City in preparing the Municipal Safe Clean Water (SCW) Annual Plan and Expenditure Report. Measure W funds are managed to comply with the City’s municipal Transfer Agreement with the Los Angeles County Flood Control District (LACFCD). Regularly, McGowan participates in virtual co-permittee meetings, conference calls and attends technical working group meetings. With over 20 years of experience working with the City and neighboring Peninsula Cities, McGowan has a level of institutional knowledge that is unmatched. McGowan offers an in-depth understanding of the Los Angeles Regional Water Quality Control Board (LARWQCB) permit requirements. Staff have found Kathleen to be highly responsive, detail oriented and able to provide much needed support as a subject matter expert. McGowan is considerate of the constraints of the City and offers cost-saving strategies wherever possible. FISCAL IMPACT: The proposed cost for the FY 2024-25 contract amounts to $69,000 plus a 10% contingency not to exceed $75,900. Safe Clean Water Municipal Program Funds (Measure W) is anticipated to cover $20,000, with the remainder programmed into the FY 2024/25 Budget. RECOMMENDATION: Approve as presented. ATTACHMENTS: CA_AGR_240624_McGowan_Amend07_F.pdf CA_AGR_240624_McGowan_ScopeOfServices.pdf CA_AGR_240606_McGowan_Proposal.pdf 40 SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Seventh Amendment to Professional Services Agreement is entered into by and between the City of Rolling Hills, a municipal corporation (“City”) and McGowan Consulting LLC (“Consultant”) upon full, written execution by both parties. RECITALS A. City and Consultant are parties to that Professional Services Agreement dated July 15, 2015 (the “Agreement”) by which City engaged Consultant for environmental consulting services pertaining to the implementation of the Municipal Separate Storm Sewer System Permit (MS4) and Total Maximum Daily Load (TMDL) implementation under the requirements of the Federal Clean Water Act. B. The Agreement has been amended by a First Amendment to the Agreement dated July 26, 2018 (the “First Amendment”), a Second Amendment to the Agreement dated April 17, 2019 (the “Second Amendment”), a Third Amendment to the Agreement dated July 29, 2020 (the “Third Amendment”), a Fourth Amendment to the Agreement dated June 29, 2021 (the “Fourth Amendment”), a Fifth Amendment to the Agreement dated June 28, 2022 (the “Fifth Amendment”), and a Sixth Amendment to the Agreement dated June 13, 2023 (the “Sixth Amendment”) by which City continued Consultant's engagement to perform MS4 permit consulting services. C. City and Consultant now desire to further amend the Agreement for a seventh time in order to engage Consultant to perform MS4 permit consulting services for the 2024-2025 fiscal year and to establish compensation for such services (the “Seventh Amendment”). NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: A. Section 2 “SCOPE OF WORK” of the Agreement is amended to read as follows: CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the scope of work attached as Exhibit A, and incorporated herein by this reference. B. Section 3 “COST” of the Agreement is amended to read as follows: The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Exhibit A. Total expenditures made under this Agreement shall not exceed the sum of $35,850 for FY 2015-16; $39,976 for FY 2016-17; $39,468 for FY 2017-18; $46,996 for FY 2018-19; $46,992 for FY 2019-20; $70,605 for FY 2020-21; $99,095 for FY 2021-22; $71,500 (inclusive of 10% contingency fee) for FY 2022-23; $75,020 (inclusive of 10% contingency fee) for FY 2023-2024, and $75,900 (inclusive of 10% contingency fee) for FY 2024-2025 services in the attached Exhibit A. All such fees include automobile mileage, parking fees, routine printing and copying, photography, travel, attendance at meetings and routine miscellaneous costs incurred during the term. No increase in fees will be allowed during the life of this Seventh Amendment. Any increase in contract amount or scope shall be by express written amendment approved by the City and CONSULTANT. 41 C. Section 9 “TERM” of the Agreement is amended to read as follows: The term of the Agreement is extended until June 30, 2025. D. Except as above modified, in all other respects the Agreement as previously amended is hereby affirmed and in full force and effect. ATTEST CITY OF ROLLING HILLS __________________________________ ___________________________________ CHRISTIAN HORVATH Date KARINA BAÑALES Date CITY CLERK CITY MANAGER MCGOWAN CONSULTING, LLC ___________________________________ KATHLEEN MCGOWAN Date CONSULTANT 42 EXHIBIT A (See following page) 43 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 1 of 11 Scope of Services – Stormwater Permit Consulting City of Rolling Hills FY2024-25 This scope of services is designed to assist the City of Rolling Hills (City) with implementation of stormwater programs required by the Los Angeles Regional Phase I MS4 Permit 1 (Regional MS4 Permit). The City is participating in the Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) and this scope of services includes the City’s in-kind contribution of effort for implementation of watershed activities and reporting by the Peninsula WMG as required by the Regional MS4 Permit. This scope of services is organized into tasks based on Regional MS4 Permit program areas and watershed group implementation and reporting activities. Task 1 - Program Management, Individual Reporting and Regulatory Support Task 2 - Public Information and Participation Program Task 3 - Commercial Facilities Control Program [not applicable to the City] Task 4 - Planning & Land Development and Construction Programs Task 5 - Public Agency Activities Program Task 6 - Illicit Discharge Detection and Elimination Program Task 7 - Watershed Group Planning and Coordination Task 8 - Watershed Management Program Joint Implementation Activities Task 1 Program Management, Individual Reporting and Regulatory Support The Regional MS4 Permit affects a wide range of municipal activities and requires management and coordination of pollution prevention and implementation efforts across municipal functions and among co-permittees. Task 1 is focused on stormwater program planning and coordination reporting, and regulatory support. Subtask 1.1 Coordination, Communication and Project Management This subtask provides an allocation of time for McGowan Consulting to conduct stormwater program planning, coordination, and regular communication with City staff on action items and pending decisions needed, regulatory and watershed developments, and for internal coordination and project management. Time is also included in this subtask for periodic meetings with City staff . This task may also include time for assisting City staff in preparing staff reports to City Council on key stormwater program implementation items. Subtask 1.2 Regional MS4 Permit Individual Annual Report The Regional MS4 Permit requires the City to submit an Individual Annual Report to the Los Angeles Regional Water Quality Control Board (LA Water Board) by December 15th summarizing its stormwater 1 Order No. R4-2021-0105, NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties 44 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 2 of 11 management program activities during the preceding fiscal year (July 1st-June 30th), including a detailed categorization and reporting of costs and tracking of measurable achievements . This subtask covers McGowan Consulting’s preparation of the City’s Individual Annual Report following the required format and content prescribed in the Regional MS4 Permit. McGowan Consulting will provide City staff a detailed list of information needed to complete the Individual Annual Report early in the reporting year. Given receipt of the requested Individual Annual Report information in electronic format from City staff by September 15, a draft Individual Annual Report will be prepared for City staff review by November 1. A two-week turnaround for City staff review with a consolidated set of comments, and a single revision of the annual report are assumed to meet the December 15th submittal deadline. A final electronic copy of the Individual Annual Report and its supporting files will be provided for the City’s records. It is assumed that the City will continue to contract separately for monitoring of trash consistent with its approved Trash Monitoring and Reporting Program and that information will be provided to McGowan Consulting in the spreadsheet format required by the Regional MS4 Permit for inclusion in its Individual Annual Report. Subtask 1.2 Deliverables: • Draft and final Regional MS4 Permit Individual Annual Report Subtask 1.3 Permit-wide Coordination and Regulatory Suppport This subtask includes time to participate in virtual meetings and conference calls to address challenges cooperatively amongst the Co-Permittees of the Regional MS4 Permit, and to coordinate with other Permittees on implementation strategies for Regional MS4 Permit provisions, including participation in LA Permit Group and the Ad Hoc Subcommittee meetings. McGowan Consulting will track and review regulatory activities affecting the City’s stormwater program such as updates to statewide water quality standards applicable to MS4 permits, statewide permitting policies, State and Regional Water Board orders, and new or reconsideration of Total Maximum Daily Loads (TMDLs). McGowan Consulting time for the afore described effort in this subtask assumes cost-sharing among mutiple municipal clients. This subtask also provides an allocation of time for City-specific regulatory assistance such as for ongoing response to notices of violation issued by the LA Water Board in January 2024 for past-due pollutant limitations in discharges to Machado Lake and verifying deemed compliance based on retention of the 85%, 24-hour rainfall runoff event. Task 2 Public Information and Participation Program Each Permittee is responsible for developing and implementing a Public Information and Participation Program (PIPP) to meet specific Regional MS4 Permit and Peninsula WMP requirements. Each of the required elements of the PIPP may be met by the City either through a County -wide, watershed group, individual program approach, and/or through partnerships with State or National stormwater member agencies, or a combination of approaches. McGowan Consulting understands that the City’s solid waste 45 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 3 of 11 franchisee disseminates information to residents and businesses on proper handling of wastes such as: vehicle waste fluids, household waste materials, construction waste materials, organic waste and animal waste. Additionally, City staff disseminate opportunities for participation in pollution prevention activities and events to residents and businesses via the City's Blue Newsletter. The Peninsula WMG has committed to joint development of certain elements of the PIPP which are addressed in Subtask 8.2. Accordingly, the City’s PIPP obligations will be met through a combination of individual City activities, outreach material developed in collaboration with the other members of the Peninsula WMG, promotion of local environmental events and workshops hosted by other organizations, as well as through the Safe Clean Water Program. Subtask 2.1 PIPP Implementation The Regional MS4 Permit requires documentation and tracking of information on the City’s PIPP activities, including the (1) date of activity; (2) method of dissemination, (3) targeted behavior; (4) targeted pollutant; (5) targeted audience; (6) culturally effective methods; (7) metric(s) for measuring effectiveness of activity, and related information necessary for measuring effectiveness. McGowan Consulting will work with City staff to track and compile the necessary metrics for incorporation in the City's Individual Annual Report. This task also provides an allocation of effort for McGowan Consulting to support the City as needed in its efforts to disseminate public outreach materials and encourage community engagement on stormwater and related environmental programs. This support may include reviewing and recommending changes to the Environmental Programs website material and/or recommendations for information to be disseminated to the public via the City’s Blue Newsletter. It is assumed that City staff will be responsible for making as -needed recommended updates to its website content and disseminating information via the Blue Newsletter. Subtask 2.1 Deliverables: • Annual compilation of City’s PIPP activity metrics in a spreadsheet database Subtask 2.2 Safe Clean Water Municipal Program The Safe Clean Water (SCW) Program, also known as Measure W, provides dedicated funding to increase local water supply, improve water quality and protect public health with a key goal of supporting municipalities in implementing new efforts to meet Regional MS4 Permit water quality objectives. The City receives approximately $100,000 annually in Municipal Program Funds and accordingly has annual planning and reporting responsibilities for the expenditure of these funds as outlined in the City’s Municipal Transfer Agreement with Los Angeles County Flood Control District (LACFCD). The Municipal SCW Annual Plan and the Municipal SCW Annual Expenditure Report must be prepared and submitted via the SCW online reporting tool following the structure and detailed co ntent required by the LACFCD. The tool is mounted on the Los Angeles County Safe Clean Water Program website (SafeCleanWaterLA.org) where the plans and reports are also posted for public transparency and accountability. 46 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 4 of 11 This subtask provides for McGowan Consulting to assist the City by preparing the Municipal SCW Annual Expenditure Report for FY2023-24 and the Municipal SCW Annual Plan for FY2025-26 using the SCW online reporting tool. A similar level of effort experienced preparing these plans and reports for the City during previous years is assumed. Municipal SCW Annual Expenditure Report (due in December): McGowan Consulting will prepare and submit to City staff a draft expenditure spreadsheet and list of information necessary to prepare the draft Municipal SCW Annual Expenditure Report covering the preceding fiscal year. After receiving the requested information from City staff, McGowan Consulting will revise the expenditures spreadsheet and prepare the draft Municipal SCW Annual Expenditure Report via the SCW online tool for City staff review. A consolidated set of comments from City staff, and a single revision of the report to incorporate City staff comments are assumed. Municipal SCW Annual Plan (due by April 1): McGowan Consulting will prepare a draft budgetary spreadsheet for discussion with City staff in January to identify anticipated Municipal SCW Program expenditures for the upcoming fiscal year and will then provide a list of additional information items necessary to prepare the Municipal SCW Annual Plan. Given receipt of the requested information from City Staff by February 1, McGowan Consulting will prepare a draft Municipal SCW Annual Plan narrative via the SCW online tool for City staff review . A two-week turnaround for City staff review, with a consolidated set of City staff comments, and a single revision of the annual plan are assumed. It is assumed that City staff will be responsible for adherence to the SCW Program financial documentation and audit requirements, compliance with revenue transfer agreement requirements, operation in accordance with best practices and strict accountability for funds, r eceipts and disbursements as delineated in the SCW Municipal Program Transfer Agreement. It is also assumed that Authorized City staff will submit the final Municipal SCW Annual Expenditure Report and Annual Plan to the LACFCD via the SCW reporting tool by their respective deadlines. Subtask 2.2 Deliverables: • Draft and Final Municipal SCW Annual Plan • Draft and Final Municipal SCW Annual Expenditure Report Task 4 Planning & Land Development and Construction Programs The Planning & Land Development and Construction Programs are both applicable to public and private development projects and there are both separate and cross-cutting requirements in these programs. In addition, targeted staff positions whose duties include carrying out the Planning and Land Development and Construction programs, must be annually trained on the permit requirements and their roles and responsibilities. 47 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 5 of 11 Subtask 4.1 Planning & Land Development Program Training & Tracking The Planning and Land Development provisions of the Regional MS4 Permit require the City to ensure that Priority Development Projects provide for permanent measures to reduce storm water pollutant loads from the development site by conditioning approval of these projects with Low Impact Development (LID) requirements. Qualifying capital improvement projects are also subject to LID requirements. This subtask provides for preparation and delivery of a remotely accessible training for Community Development staff on the Planning & Land Development Program requirements of the Regional MS4 Permit consistent with the City’s implementation policies and procedures. Subtask 4.1 Deliverables: • Remote training for Community Development staff on the Planning & Land Development requirements Subtask 4.2 Construction Program Support The City is required to implement a Construction Program to track and ensure appropriate best management practices (BMPs) to protect stormwater quality are being implemented on construction sites within its jurisdiction. The City must also ensure that developers of construction sites larger than one acre are obtaining coverage under the Statewide Construction General Permit (CGP), have an approved LID Plan in place prior to the City’s issuance of a grading or building permit, and that these sites are inspected for effective stormwater BMPs at frequencies consistent with the Regional MS4 Permit requirements. This task includes time to track and review the status, documentation, and reporting by construction sites disturbing one acre or more within the City via the State Board’s online SMARTS system. This subtask also provides for preparation and delivery of a remotely accessible training for Community Development and Public Works staff on the Construction Program requirements of the Regional MS4 Permit. This training will be distinct from the Planning & Land Development training module to provide flexibility for targeted staff to access the training at their convenience as appropriate to their job responsibilities. McGowan Consulting time for this effort assumes cost-sharing among three municipal clients. It is assumed that the City will utilize contracted or in-house practitioners that are trained and knowledgeable in CGP requirements for any municipal capital improvement projects one acre and larger consistent with the State Water Board Qualified QSD/QSP program since the training provided by McGowan Consulting is primarily focused on the Regional MS4 Permit Construction Program requirements and is not equivalent to the two- or three-day training required for practitioners of the CGP. 48 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 6 of 11 Subtask 4.2 Deliverables • Remote training for Community Development and Public Works staff on the Regional MS4 Permit Construction Program requirements Task 5 Public Agency Activities Program Support The Regional MS4 Permit requires implementation of BMPs to minimize water quality impacts from the operation and maintenance of municipal facilities and infrastructure, including parks, recreational facilities, parking lots, storm drains and sanitary sewer infrastructure. The City is required to maintain an updated electronic inventory or GIS database of all municipally owned or operated facilities and associated maintenance activities that are potential sources of pollutants to the MS4. During FY2022- 23, McGowan Consulting worked with City staff to complete an updated spreadsheet-based municipal facility inventory. The City must also annually train all employees in targeted positions whose interactions, jobs and activities affect stormwater quality. This training requirement also applies to contractors performing privatized/contracted municipal services such as catch basin cleaning, solid waste collection or landscape maintenance. This task provides for McGowan Consulting to prepare and provide training for targeted City staff. The training will provide an overview of the permit requirements for context and then focus most of the training on municipal operation and maintenance activities applicable in the City. An allocation of time is also included in this subtask for as-needed assistance to City staff to insert requirements for implementation of stormwater BMPs in public works contracts or for keeping the municipal facility inventory current. Task 5 Deliverables: • Annual training for targeted public works staff Task 6 Illicit Discharge Detection & Elimination Program Training and Assistance The Regional MS4 Permit requires the City to implement its Illicit Discharge Detection and Elimination (IDDE) program to detect and identify the source of suspected illicit discharges and to implement procedures for eliminating confirmed illicit discharges. The City’s IDDE Procedures Manual must be updated once during the five-year Regional MS4 Permit term and this was completed in FY2023-24. This task provides for preparation and delivery of a virtually accessible annual training for field staff on the identification and reporting of illicit discharges. McGowan Consulting time for preparation of this training module assumes cost-sharing among three municipal clients. An allocation of effort is also included for as-needed assistance in implementing the IDDE program. Task 6 Deliverable: • Virtual training session on the IDDE program 49 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 7 of 11 Task 7 Watershed Group Planning and Coordination The Coordinated Integrated Watershed Management Program (CIMP) and Watershed Management Program (WMP) are being implemented cooperatively by the Peninsula WMG in accordance with the requirements of the Regional MS4 Permit. The CIMP is being implemented through a separate contracting mechanism under an MOU administered by the City of Rancho Palos Verdes with oversight and direction from the Peninsula WMG member agencies. The WMP was revised in 2021 to newly include the City of Rolling Hills as an 85th %, 24-hr stormwater runoff retention area and to incorporate monitoring data collected and stormwater capture projects implemented as of June 2020. The City is also participating in the Harbor Regional Monitoring Coalition (RMC) MOU administered by the Gateway Water Management Authority to meet receiving water monitoring requirements under the Greater Los Angeles and Long Beach Harbors Toxics TMDL. Task 7.1 Watershed Group Planning & Coordination The Peninsula WMG meets semi-monthly and additionally as needed to plan and coordinate compliance monitoring and implementation activities for both the CIMP and WMP as well as joint response to regulatory actions. This subtask includes McGowan Consulting time for meeting preparation and attendance at Peninsula WMG meetings and additional review and coordination among the Peninsula WMG consulting team. Effort in this subtask is assumed to be similar to that experienced in the prior fiscal year, with ongoing increased effort necessary to coordinate response to LA Water Board regulatory and enforcement action on the Machado Lake pollutant discharge limitations. Our time for this effort is assumed to be distributed among three Peninsula WMG municipal clients. Time for participation in quarterly Harbor RMC meetings is also included and that effort will be cost-shared between two Peninusula WMG municipal clients. Task 7.2 CIMP Implementation and Reporting Support This subtask provides time for McGowan Consulting to provide review and comment on the draft and final Peninsula WMG Annual Monitoring Report which is prepared by the CIMP consultant and submitted as part of the Peninsula WMG's Semi-annual Watershed Progress Report due on December 15, and to provide review and comment on the Greater Harbor Toxics annual monitoring report . This sub-task also allocates time for McGowan Consulting to review/assess monitoring data and to attend monthly progress/coordination calls on CIMP implementation. McGowan Consulting time for these efforts assumes cost-sharing among two or three municipal clients. In addition, time is allocated in this subtask to review and comment on the Rolling Hills Sepulveda Canyon monitoring technical memorandum to be provided by NV5 covering the prior two monitoring years. Task 8 WMP Joint Implementation Activities The Peninsula WMG members have been undertaking certain WMP implementation tasks in a cooperative manner with effort for carrying out these tasks distributed equitably between the 50 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 8 of 11 consultant for the City of Rancho Palos Verdes and McGowan Consulting as consultant for the Cities of Rolling Hills Estates, Palos Verdes Estates and Rolling Hills. This task provides for McGowan Consulting to perform the City’s share of the following cooperative WMP implementation subtasks. Subtask 8.1 Watershed Progress Reports Assistance & Review The Regional MS4 Permit newly requires the submittal of semi-annual Watershed Progress Reports to the LA Water Board which are due on December 15 and June 15. Although the consultant for the City of Rancho Palos Verdes will lead preparation of these submittals, this is necessarily a cooperative effort and as such, McGowan Consulting will provide assistance in compiling key elements of these reports and will also provide review and comment on the draft and final Watershed Progress Reports. Additionally, as part of the City’s contribution to the Peninsula WMG progress reporting requirements, McGowan Consulting will provide assistance to the City in updating its progress on meeting Watershed Management Program (WMP) stormwater control measures in WRAMPS. Subtask 8.2 Joint Public Outreach Content Development & Metrics The Peninsula WMG in collaboration with the Beach Cities WMG disseminates customized outreach on targeted at pollutants of concern in local watersheds. This outreach program is managed and facilitated by McGowan Consulting, supported by website hosting services subcontracted with the South Bay Cities Council of Governments (SBCCOG) via their website. The Regional MS4 Permit requires Permittees to track metrics on the effectiveness of their public outreach and participation efforts which will be implemented in part through collection of website metrics from the SBCCOG hosting service . The ongoing scope of this subtask includes annual revision or refreshing of webpage content on the SBCCOG website platform and collection of effectiveness metrics through tracking of website visits, e - news and social media outreach. Additionally, the effort in this subtask may include development or updating of one or more targeted public outreach pieces or customization of statewide or regional outreach materials to address topics relevant to the stormwater management program. McGowan Consulting’s level of effort and supporting contract services for this subtask are assumed to be similar to those in previous years and will continue to be offset through combined work for the Beach Cities WMG including shared subcontracting costs for website hosting and graphic design services. Subtask 8.3 Adaptive Management During the second half of FY2024-25, a new Memorandum of Understanding (MOU) will need to be developed and proposals requested to obtain professional services to revise the Palos Verdes Peninsula Watershed Management Program (WMP) and prepare the 5-year Report of Waste Discharge (ROWD) which are both due to the LA Water Board by March 11, 2026. McGowan Consulting will provide review and comment on the draft MOU, scope of work, and proposals received for the required services. It is assumed that the consultant for Rancho Palos Verdes will prepare the draft MOU and request for proposals. 51 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 9 of 11 Cost Estimate McGowan Consulting will deliver the services described in the foregoing Scope of Services for an estimated cost of $69,000 based on time and materials as detailed in the following Budget Table and FY2024-25 Rate Schedule. To provide flexibility during this period of regulatory uncertainty and to best meet the needs of the City in addressing the requirements of the Regional MS4 Permit, it is understood that reallocation of level-of-effort between tasks and subtasks may occur so long as the total contract amount is not exceeded. Labor rates for FY2024-25 are shown in the Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Invoices will be submitted based on actual time expended by each McGowan Consulting staff member in accordance with the rate schedule. Other direct costs chargeable to the project may include subcontracted website hosting, graphic design, illustration, and translation services; and other direct project costs not specifically included in labor rates. 52 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 10 of 11 Fiscal Year 2024-2025 Budget Table Stormwater Consulting Services Task Description Labor Hours Estimated Cost 1.1 Coordination, Communication and Project Management and Regulatory Support 50 $ 8,800 1.2 Regional MS4 Permit Individual Annual Report 50 $ 8,800 1.3 Permit-wide Coordination and Regulatory Support 40 $ 7,200 2.1 Public Information & Participation Program Implementation + 8 $ 1,300 2.2 Safe Clean Water Municipal Program + 50 $ 9,000 4.1 Planning & Land Development Program Training and Tracking 15 $ 2,600 4.2 Construction Program Support 10 $ 1,700 5 Public Agency Activities Program Support 20 $ 3,500 6 Illicit Discharge Detection & Elimination Program Training and Assistance 20 $ 3,400 7.1 Watershed Group Planning and Coordination 40 $ 7,000 7.2 CIMP Implementation and Reporting Support 35 $ 6,100 8.1 Watershed Progress Reports Assistance and Review + 14 $ 2,500 8.2 Joint Public Outreach Content Development & Metrics + 14 $2,400 8.3 Adaptive Management + 14 $2,500 Other Direct Costs - Includes subcontracted website hosting by SBCCOG and graphic design services for outreach materials + $ 2,200 Total Estimated Costs $ 69,000 + indicates costs planned to be covered by the SCW Municipal Program Fund 53 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2024-25 Page 11 of 11 McGowan Consulting, LLC Labor Rates - Contract Year 2024-252 Professional Staff Rates Principal $189 per hour Sr. Scientist $158 per hour Staff Scientist $69 per hour Expenses Labor rates include automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Other direct costs chargeable to the project include: graphic layout and illustration, webpage design and hosting, translation services, report reproduction and binding, courier services, blueprint services, graphics services, project-specific publications, and any other direct project costs not included in the labor rates. 2 Labor rates are adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics 54 MCGOWAN CONSULTING, LLC 412 Olive Avenue, #189, Huntington Beach, CA 92648 310-213-4979 Kathleen@McGowan.Consulting June 6, 2024 Karina Bañales, City Manager Samantha Crew, Management Analyst City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 RE: SCOPE OF SERVICES FOR MS4 PERMIT CONSULTING Dear Ms. Bañales and Ms. Crew: McGowan Consulting is pleased to provide the enclosed scope of services and cost estimate to assist the City of Rolling Hills (City) in implementing the requirements of the Regional Municipal Stormwater Permit (during fiscal year 2023-2024. As you are aware, we specialize in providing customized stormwater quality and watershed protection consulting services to municipal clients and have an in-depth understanding of the City’s character, opportunities and constraints. We are gratified to have been able to work with City staff and the Peninsula Watershed Management Group to obtain final approval of the Palos Verdes Peninsula Watershed Management Program with the City included as an 85th percentile, 24-hour rainfall runoff retention area, a unique accomplishment among the municipalities in Los Angeles County . The enclosed scope of services is designed to assist the City in implementing its individual requirements under the Municipal Stormwater Permit and in supporting the City in cooperative implementation of the Peninsula Watershed Management Program and the Coordinated Integrated Monitoring Program. Please do not hesitate to contact me if you have any questions or require additional information or scope clarification. Thank you for the opportunity to continue to serve the City. Sincerely, Kathleen C. McGowan, P.E., Principal McGowan Consulting, LLC Attachments: Scope of Services and Cost Estimate 55 Agenda Item No.: 12.A Mtg. Date: 06/24/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: RECONSIDERATION OF PREVIOUSLY APPROVED ROLLING HILLS COMMUNITY ASSOCIATION LEAD RESPONSIBILITY FOR THE COMBINED TENNIS COURT ADA AND CABANA PROJECTS AND CITY LEAD FOR CONSTRUCTION OF THE SUBSEQUENT TENNIS COURT #1 EXPANSION PROJECT DATE:June 24, 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 56 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. On April 22, 2024, the City Council unanimously approved assigning the RHCA with lead responsibility for the combined Tennis Court ADA and Cabana projects and the City taking lead for construction of the subsequent Tennis Court #1 Expansion Project. The staff report is attached. DISCUSSION: Since the April 22, 2024, City Council meeting, staff has met with RHCA to discuss the next steps for the Tennis Court improvements. During these meetings, it became clear that the fiscal burden expected to be borne by the association is too large due to the significant infrastructure repairs needing immediate attention. As a result, staff and RHCA have reconsidered their approach and decided to revert to the initial concept of the City leading the ADA component of the Tennis Court improvements. To assist with the fiscal impact, RHCA’s board has agreed to pay 50% of the cost associated with the ADA/Retaining Wall. RHCA has allocated $400,000 for the ADA component and will review and consider additional funding if required. Based on this information, staff is seeking the City Council’s authorization to reallocate funds from the capital account designated for the Tennis Court 1 expansion project back to the Tennis Court ADA project. With Council approval of this change, staff will coordinate the next steps and proceed with the City Council's June 2023 direction to advertise the Tennis Court ADA Improvement Project for bids. 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. FISCAL IMPACT: Staff will not know the cost of this project until bids are received. The City Council has $300,000 appropriated in Capital Improvement Funds initially intended for the Tennis Court ADA project but reallocated to Tennis Court #1 expansion. City staff recommends re-appropriating back to the capital account specific to the Tennis Court ADA 57 project. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_240422_CC_Item13D_TennisCourtLeads.pdf 58 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 159 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, 260 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 361 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 462 Agenda Item No.: 12.B Mtg. Date: 06/24/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: CONSIDERATION FOR POTENTIAL ADOPTION OF PROPOSED GIFT POLICY PRIOR TO ACCEPTANCE OF CHARITABLE CONTRIBUTIONS USED FOR PUBLIC PURPOSES IN ACCORDANCE WITH IRS CODE SECTION 170(C)(1) DATE:June 24, 2024 BACKGROUND: On June 26, 2023, the Charitable Foundation Ad Hoc Committee (Mayor Leah Mirsch and Councilmember Patrick Wilson) presented the City Council with a status update on exploring the establishment of a charitable 501 (c) foundation for the City of Rolling Hills (Attachment A). During the meeting, the committee presented findings on how other Peninsula Cities have successfully established similar 501(c) foundations, detailing their achievements and organizational structures. This information provided valuable insights into potential models and strategies that could be adapted to suit Rolling Hills' unique needs and objectives. While the committee initially considered the possibility of establishing a 501(c) organization, it subsequently identified an additional mechanism, Section 170(c)(1) of the Internal Revenue Code (IRC), which specifies the types of organizations and donations that can be made by donors and qualify for a tax deduction. These organizations include religious organizations, educational institutions, hospitals, medical research organizations, and governmental units (if the contribution is made exclusively for public purposes). The City of Rolling Hills is a governmental unit and, thus, comes under the purview of IRC 170(c)(1). Similar to a 501(c)(3) entity, IRC 170(c)(1) entities are eligible to receive tax-deductible charitable contributions under this provision with the added benefit of not having to create a separate legal entity. On February 12, 2024, the Ad Hoc Committee and staff presented a report that the 170(c)(1) was worth pursuing and directed staff to return with a more refined 170(C)(1) action plan. On May 13, 2024, the City Council received a presentation on the use of IRC 170(c)(1) and directed staff to return with a formal policy for accepting gifts and donations for public purposes based on Council comments and direction. 63 DISCUSSION: During the May 13, 2024 meeting and afterwards via email from Mayor Mirsch, comments and/or suggestions were made specific to crafting a final Gift Policy. The attached draft document was prepared by the City Attorney, with certain areas requiring final input and consensus from the City Council prior to formal adoption. Mayor Mirsch: 1. Suggested a non-restricted minimum of $100 and restricted at $500. In addition, $500 as the City Manager's discretionary amount. If the Council prefers higher, suggest adding a requirement that any donation over $500 be shared at a Council meeting to recognize those residents who make a substantial donation. 2. 12-month restrictions on donors applying/applied for any discretionary approval. 3. Gifts for city Employees (i.e. gift baskets, etc.): consider noting that those types of gifts are not eligible for 170c1 treatment 4. Contemporaneous written acknowledgment: for personal property of the 5/13 staff report, item #3 states that a description (but not the fair market value) must be provided. 5. Disclaimer: strengthened by adding verbiage regarding: a. donations are only tax deductible if they file an itemized return. b. individual circumstances may vary. c. consult their CPA/tax professional. Mayor Pro Tem Pieper 1. Verbiage stating that money may be used for other purposes in the event the requested restricted amount is unable to be accomplished. 2. Verbiage stating the policy is subject to change at any time. 3. No provided receipt amounts for non-cash donations. 4. Suggested $250 min for non-restricted / $10K and above for restricted. Councilmember Dieringer: 1. Make clear in the policy that it only applies to gifts given after the policy is enacted with no retroactivity. 2. Donations made to the city do not entitle a resident to any greater benefit than those already provided to any other citizen. 3. Suggested $5K and above for restricted. Staff is seeking direction from the City Council towards finalizing the proposed policy by coming to a consensus on: Baseline amount for restricted gifts Ceiling amount for unrestricted gifts Baseline amount requiring City Council's formal acceptance of a proposed gift Ceiling amount for gifts that can be accepted at the City Manager's discretion Time period for restricted monetary gifts potentially converting to an unrestricted gift for general public purposes Upon final input and direction from the City Council, staff will return with the gift policy on July 8, 2024, for formal adoption. FISCAL IMPACT: Unknown at this time. 64 RECOMMENDATION: Approve as presented with modifications per City Council direction. ATTACHMENTS: CL_AGN_240624_CC_GiftPolicy_D.pdf 65 GIFT POLICY 1 X/XX/2024 POLICY FOR GIFTS TO THE CITY OF ROLLING HILLS Purpose: To provide guidelines for the City's acceptance of gifts in a responsible, ethical, transparent and accountable manner. This gift policy is prospective and does not apply retroactively to any gifts given to the City prior to the adoption of this policy. Further, this policy is subject to modification or termination by the City at any time. Types of gifts: Gifts may be offered only in the form of cash, services or personal property. Donations of real property are not subject to this policy. Any such proposed donation of real property will be evaluated individually. A “restricted gift” is a gift designated by the donor for a particular City department, location or purpose. The City shall not consider the acceptance of any restricted gift with an estimated value under [INSERT AMOUNT]. An “unrestricted gift” is a gift without any limitations placed on its use by the City. For the purpose of this policy, the term "gift" includes, without limitation goods or services provided by a City contractor or vendor beyond that specified in its contract with the City. The City, except for good cause, shall not consider the acceptance of any non-restricted gift with an estimated value under [INSERT AMOUNT]. Procedure: The City Manager shall perform an initial evaluation of a proposed gift. Factors to be considered include, but are not limited to, the following: • Whether acceptance of the gift is in the City’s best interest and is consistent with applicable policies, ordinances, and resolutions; • Whether the acceptance of the gift would give rise to an appearance of impropriety; • In the case of a restricted gift, whether the gift obligates the City to make an immediate or initial City expenditure that has not been included in the approved City budget, and whether it may result in ongoing costs. • The City shall consider whether to accept a proposed gift at a City Council meeting as an item on its agenda for gifts exceeding an estimated value of [INSERT AMOUNT] or more. The staff report for the agenda item should discuss the staff's initial evaluation of the proposed gift. There is no need for staff to provide a recommendation to the City Council for each donation. • Gifts below an estimated value of [INSERT AMOUNT] may be accepted by the City Manager at the City Manger’s discretion and in accordance with this policy. The City Manager shall endeavor to notify the City Council either verbally at a City Council meeting or via written report of gifts received by the City. • Gifts to the City in no way entitle a resident or other donor to any greater benefit or different treatment than already provided to any other resident or donor. To avoid the appearance of impropriety, among other things, the City shall not accept gifts from or on behalf of any 66 GIFT POLICY 2 X/XX/2024 individual or entity who is in the process of obtaining discretionary approval from the City, or who applied for discretionary approval within 12 months prior to the proposed gift. In the event a donor seeks discretionary approval from the City within 12 months following City's acceptance of a gift, the City shall return the gift to the donor when possible. • All gifts shall become City property. • In the event a monetary restricted gift is provided to the City and the purpose is unable to be accomplished within [INSERT TIME PERIOD], that monetary gift shall convert to an unrestricted gift that can be used for general public purposes. • Upon acceptance by the City Council, a letter or email of the acknowledgement of the gift shall be sent to the donor, signed by the mayor. • The City does not provide legal, accounting, tax or other such advice to donors. The City shall only provide to the donor a description of the gift, service or personal property given to the City. The donor shall be responsible for estimating any fair market value for services or personal property donated. The City makes no representation or warranty on the tax deductibility of any gift and directs any donor to consult their CPA, tax professional or other advisor on these matters. • The City will not accept anonymous gifts. All records of donations shall be subject to disclosure under the Public Records Act. Policy for Gifts to City Employees Gifts to individual employees: Compensation for employees performing their public duty is limited to salaries, fringe benefits and any personal satisfaction that employees may derive from doing a good job. Therefore, individual employees shall not accept any personal gifts or tips from anyone other than the City for the performance of acts within the regular course of duties. Gifts for the benefit of City employees: Edible gifts (e.g., gift baskets) or similar items are allowed but shall be made available to all employees. Alcohol is not allowed. Received and Reviewed: ________________________________ Policy Administrative History: Adopted 67 Agenda Item No.: 13.A Mtg. Date: 06/24/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:SAMANTHA CREW, MANAGEMENT ANALYST THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: ADOPT RESOLUTION NO. 1370 APPROVING THE "DESIGNATION OF APPLICANT'S RESOLUTION FOR NON-STATE AGENCIES" (CALOES FORM-130) AND TO DESIGNATE AUTHORIZED SIGNATORIES AMONG CITY STAFF TO SIGN APPLICATIONS FOR FEDERAL FINANCIAL ASSISTANCE IN THE CASE OF EXISTING OR FUTURE GRANTS UNDER APPLICABLE STATE AND FEDERAL LAW DATE:June 24, 2024 BACKGROUND: When disasters or emergencies occur, cities may be eligible for State and Federal financial assistance by means of reimbursement or grant funding. Every three years, the California Governor’s Office of Emergency Services (CalOES) requests documentation to be kept on file, identifying and authorizing specified agents who can secure Federal financial assistance for grants. In addition to the three-year update, if a position adjustment or retirement occurs and/or the current Form 130 is designated for a specific disaster that has closed, there would be cause to revise the designation. While the City has been managing current CalOES grants via two previous “Designation of Applicant’s Agent Resolution for Non-State Agencies” on file (dated October 14, 2019, and September 13, 2021), no official corresponding City Resolution was found on record. Therefore, Staff has created City Resolution No. 1370 to ensure compliance with requirements. DISCUSSION: The three authorized signers recommended in the resolution are the City Manager, Planning 68 The three authorized signers recommended in the resolution are the City Manager, Planning and Community Services Director, and Management Analyst. These three positions have the highest level of emergency services oversight and will be engaged in financial recovery efforts if an emergency event were to take place. It is best practice to include titles only, rather than naming individuals who currently occupy those job positions. This allows the document to remain valid for the three-year period if an authorized agent leaves the position. To satisfy the funding requirements, the requested Resolution and the CalOES Form 130 must be authorized and returned to CalOES. A “Designation of Applicant’s Agent Resolution for Non-State Agencies” is one step in the City’s emergency preparedness efforts. Filing Resolution No. 1370 and CalOES Form 130 will ensure an efficient approach to requesting Federal financial assistance when time is of the essence. FISCAL IMPACT: The City will continue to be eligible for State and Federal disaster assistance if a “Designation of Applicant’s Agent Resolution for Non-State Agencies” is adopted by the City Council and filed with the State. RECOMMENDATION: Approve as presented. ATTACHMENTS: ResolutionNo1370_DesignationOfAgentCalOES_F.pdf GR_OES_240624_DesignationOfApplicantsAgentResolution_Form130_F.pdf 69 Resolution No. 1370 1 RESOLUTION NO. 1370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE “DESIGNATION OF APPLICANT’S RESOLUTION FOR NON-STATE AGENCIES” (CALOES FORM-130) AND TO DESIGNATE AUTHORIZED SIGNATORIES AMONG CITY STAFF TO SIGN APPLICATIONS FOR FEDERAL FINANCIAL ASSISTANCE IN THE CASE OF EXISTING OR FUTURE GRANTS UNDER APPLICABLE STATE AND FEDERAL LAW WHEREAS, the City of Rolling Hills, California (City), a public entity established under the laws of the State of California, will file form OES-FPD-130 with the California Governor’s Office of Emergency Services for the purpose of obtaining Federal financial assistance for any existing or future grant program; and WHEREAS, the City hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required; and WHEREAS, the City designates authorized signatories among City Staff. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Rolling Hills does hereby resolve that: Section 1. The City Council of the City of Rolling Hills hereby approves the Designation of Applicant’s Agent Resolution for Non-State agencies attached and incorporated hereto as Exhibit “A.” Section 2. The City Council names the City Manager, Planning and Community Services Director and Management Analyst to execute for and on behalf of the City of Rolling Hills for all open and future disasters/grants declared up to three years following the date of approval. Section 3. The City Clerk shall attest and certify the adoption of this resolution. 70 Resolution No. 1370 2 PASSED, APPROVED, AND ADOPTED this 24th day of June, 2024 ______________________________ LEAH MIRSCH MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 71 Resolution No. 1370 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) The foregoing Resolution No. 1370 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE “DESIGNATION OF APPLICANT’S RESOLUTION FOR NON-STATE AGENCIES” (CALOES FORM-130) AND TO DESIGNATE AUTHORIZED SIGNATORIES AMONG CITY STAFF TO SIGN APPLICATIONS FOR FEDERAL FINANCIAL ASSISTANCE IN THE CASE OF EXISTING OR FUTURE GRANTS UNDER APPLICABLE STATE AND FEDERAL LAW was approved and adopted at a regular meeting of the City Council on the 24th day of June 2024, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ CHRISTIAN HORVATH CITY CLERK 72 Resolution No. 1370 4 EXHIBIT A 73 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE OF THE (Governing Body) (Name of Applicant) THAT , OR (Title of Authorized Agent) , OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the , (Name of Applicant) a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: -Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under -Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. - Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the (Name of Applicant) laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION Cal OES ID No: _____________ OES-FPD-130 Rev. 10-2022 Page 1 of 4 74 Please check the appropriate box below This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): Passed and approved this __day of , 20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I, , duly appointed and of (Name) (Title) , do hereby certify that the above is a true and (Name of Applicant) correct copy of a resolution passed and approved by the (Governing Body) of the on the day of , 20 . (Name of Applicant) (Signature) (Title) STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 2 of 4 75 Cal OES Form 130 Instructions A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted. When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc. Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied. There are two ways of completing this section: 1.Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature. 2.Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes. STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 3 of 4 76 Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met. Certification Section: Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 4 of 4 77 Agenda Item No.: 16.A Mtg. Date: 06/24/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) AND (E)(3) THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. NUMBER OF POTENTIAL CASES: (7) (GOVERNMENT CLAIMS ACT FORM SUBMITTED BY VARIOUS PROPERTY OWNERS IN RANCHO PALOS VERDES AGAINST THE CITY OF ROLLING HILLS ALLEGING DAMAGE TO PROPERTY) DATE:June 24, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 78