CL_AGN_260413_CC_AgendaPacket_F1
City Council
Monday, April 13, 2026, 7:00 PM
Regular Meeting
City of Rolling Hills
The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s
website. View both the agenda and the live-streamed video.
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AGENDA
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Presentations/Proclamations/Announcements
5. Approve Order of the Agenda
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.
6. Blue Folder Items (Supplemental)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda
packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.
7. Public Comment on Non-Agenda Items
This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to
the Brown Act, no action will take place on any items not on the agenda.
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2
8. Consent Calendar
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent
Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and
acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar"
section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone
wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by
Councilmembers for discussion.
8.A. Approve Affidavit of Posting for the City Council Regular Meeting of April 13, 2025
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 Minutes of March 23, 2026: City Council 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 February 2026
RECOMMENDATION: Receive and file.
8.F. Adopt Resolution No. 1406 authorizing a Fiscal Year 2025-2026 Budget Modification
to increase Appropriations by $77,231 in Fund 40-949 from a transfer of General
Fund Reserves for providing additional Southern California Gas Construction
Services on the City Hall Emergency Backup Dual-Fuel Generator Project
RECOMMENDATION: Approve as presented.
9. Excluded Consent Calendar Items
10. Commission Items
11. Public Hearings
12. Discussion Items
12.A. Consideration and Possible Action on Entering into a Three-Year Professional
Services Agreement with John L. Hunter & Associates for TMDL Trash Monitoring
and Reporting
RECOMMENDATION: Staff recommends that the City Council approve a three-year
Professional Services Agreement with John L. Hunter & Associates for TMDL trash
monitoring and reporting required by the Los Angeles Regional Water Quality Control
Board.
Page 2 of 180
3
12.B. Consideration and possible action to adopt Resolution No. 1405 approving the
award of an emergency construction contract to Pearce Concrete & Masonry, Inc.
for the re-routing and repair of City Hall’s water main service line in an amount not-
to-exceed $29,373, inclusive of a 5% contingency; authorizing the City Manager to
execute the agreement; and finding the project categorically exempt from the
California Environmental Quality Act.
RECOMMENDATION: Adopt Resolution No. 1405 approving the award of an emergency
construction contract to Pearce Concrete & Masonry, Inc. for the re-routing and repair of
City Hall’s water main service line in an amount not-to-exceed $29,373, inclusive of a 5%
contingency; authorizing the City Manager to execute the agreement; and finding the
project categorically exempt from the California Environmental Quality Act.
13. Matters From the City Council
13.A. Consideration of the Fiscal Year 26/27 South Bay Cities Council of Governments
annual membership dues
RECOMMENDATION: Receive and file. Provide direction to staff.
13.B. Discussion and Direction on Structure Height Standards for Williamsburg Lane
RECOMMENDATION: Receive and file. Provide direction to staff.
14. Matters From Staff
14.A. Consideration of Establishing a Civic Engagement Series and Providing Direction
for a 2026 Program
RECOMMENDATION: Provide direction to proceed with the development and
implementation of the Rolling Hills Civic Engagement Series and authorize staff to launch
the inaugural program in 2026.
14.B. Consideration of Authorizing the Mayor to Sign a Letter of Opposition for SB 866
(Blakespear) Regarding Housing Element Mandates specific to Homelessness
RECOMMENDATION: Staff recommends the City Council provide direction on whether to
oppose SB 866 (Blakespear) and, if so, authorize the Mayor to sign and submit a letter of
opposition on behalf of the City.
14.C. Update on City Council Chamber Audio/Visual and Functional Upgrades
RECOMMENDATION: Receive and file.
15. Recess to Closed Session
16. Reconvene to Open Session
17. Adjournment
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Next regular meeting: Monday, April 27, 2026 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese
Bend Road, Rolling Hills, California, 90274.
Notice:
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at
which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please
contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure
accessibility and accommodation for your review of this agenda and attendance at this meeting.
Page 4 of 180
Item: 8.A.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Approve Affidavit of Posting for the City Council Regular Meeting of April 13, 2025
Background:
None.
Discussion:
None.
Fiscal Impact:
None.
Recommendation:
Approve
Attachments:
1. CL_AGN_260413_CC_AffidavitofPosting
Page 5 of 180
Administrative Report
8.A., File # 2026-71 Meeting Date:4/13/2026
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 13, 2026
EXECUTIVE SUMMARY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.
Legislative Body City Council
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274
City Hall Window
City Website: https://www.rolling-hills.org/government/agendas_meetings.php
https://rollinghillsca.portal.civicclerk.com/
Meeting Date & Time APRIL 13, 2026 7:00pm Open Session
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was
posted at the date displayed below.
Christian Horvath, City Clerk
Date: April 10, 2026
Page 6 of 180
Item: 8.C.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Approve the following Minutes of March 23, 2026: City Council Regular Meeting
Background:
None.
Discussion:
None.
Fiscal Impact:
None.
Recommendation:
Approve as presented.
Attachments:
1. CL_MIN_260323_CC_F
Page 7 of 180
MINUTES – CITY COUNCIL MEETING
Monday, March 23, 2026
Page 1
Minutes
Rolling Hills City Council
Monday, March 23, 2026
Regular Meeting 7:00 p.m.
1. Call To Order
The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Dieringer
presiding.
2. Roll Call
Councilmembers Present: Pieper, Mirsch, Wilson, Mayor Dieringer
Councilmembers Absent: Black
Staff Present: Karina Bañales, City Manager
Christian Horvath, Assistant to the City Manager / City Clerk
Benjamin Johnson, Code Compliance Officer / Planning Technician
Michael Ervin, Assistant City Attorney
Robert Samario, Finance Operations Lead Consultant (remotely)
3. Pledge Of Allegiance – Councilmember Wilson
4. Presentations / Proclamations / Announcements – None
5. Approve Order of the Agenda
Motion by Councilmember Wilson, seconded by Councilmember Pieper to move items 12A and 13B later in
the agenda until Mayor Pro Tem Black’s arrival. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
6. Blue Folder Items (Supplemental)
Motion by Councilmember Pieper, seconded by Councilmember Wilson to receive and file Blue Folder Item
14A. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
7. Public Comment on Non-Agenda Items - None
8. Consent Calendar
8.A. Approve Affidavit of Posting for the City Council Regular Meeting of March 23, 2026
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 Minutes of March 9, 2026: City Council Regular Meeting
Page 8 of 180
MINUTES – CITY COUNCIL MEETING
Monday, March 23, 2026
Page 2
8.D. Payment of Bills
8.E. Approve the following Minutes of the Finance/Budget/Audit Committee Special Meetings for:
April 28, 2025, March 9, 2026
Motion by Councilmember Wilson, seconded by Councilmember Pieper to approve the Consent Calendar.
Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
9. Excluded Consent Calendar Items - None
10. Commission Items
10.A. Receive and file Zoning Case No. 25-111: Site Plan Review for construction of a new mixed-
use structure with garage and storage, non-exempt grading and other improvements;
Conditional Use Permit for a detached mixed-use accessory structure greater than 200 square
feet, and finding the project exempt from the California Environmental Quality Act for location
at 26 Caballeros Road (Ziegler) (Lot 11-SK)
Presentation by Code Compliance Officer / Planning Technician Johnson.
Motion by Councilmember Pieper, seconded by Councilmember Mirsch to receive and file with the addition
of Mayor Dieringer’s language revisions to Planning Commission Resolution 2026-03 as follows:
Section 6, Subdivision A, 4th Sentence: adding after “garage,” “and shall total 844 square feet of the 1,640
square foot mixed-use accessory structure.”;
Section 7: After “…findings,” and before “…and the evidence” insert “all of the building plans presented,”;
Section 7, Subdivision I: add a second sentence stating “The total structural coverage of the storage and
garage portions of the mixed-use accessory structure shall not be less than 844 square feet.” and;
Section 7, Subdivision AF: add a second and third sentence stating “These conditions shall also be
maintained following the issuance of permits. The City reserves to itself every right and power available to
it for enforcing the conditions of the Conditional Use Permit Approval.”
Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
11. Public Hearings – None
12. Discussion Items
12.A. Receive and File Fiscal Year 2026-27 Preliminary Projections and Balancing
Presentation by Finance Operations Lead Consultant Samario remotely via Zoom.
Page 9 of 180
MINUTES – CITY COUNCIL MEETING
Monday, March 23, 2026
Page 3
Motion by Councilmember Wilson, seconded by Councilmember Pieper to receive and file. Motion carried
unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
Mayor Dieringer requested to move to Item 14.A. in consideration of Mayor Pro Tem Black’s absence.
Without objection, so ordered.
14. Matters From Staff
14.A. Consideration of Authorizing the Mayor to Sign a Letter of Support for AB 2517 (Calderon)
Regarding Improvements to the Fire Hazard Severity Zone Mapping Process
Presentation by City Manager Bañales.
Motion by Councilmember Mirsch, seconded by Councilmember Wilson authorizing Mayor Dieringer to sign
and submit a letter of support. Motion carried with the following vote:
AYES: Mirsch, Wilson, Mayor Dieringer
NOES: Pieper
ABSENT: Black
Motion by Mayor Dieringer, seconded by Councilmember Mirsch to authorize continued letters of support
should AB 2517 come back with any minor amendments that do not change the bill’s substance. Motion
carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
13. Matters From the City Council
Items 13A and 13B were tabled due to Mayor Pro Tem Black’s absence and his request to be present for
consideration.
13.A. Consideration of the Fiscal Year 26/27 South Bay Cities Council of Governments annual
membership dues
13.B. Discussion and Direction on Structure Height Standards for Williamsburg Lane
15. Recess To Closed Session – 7:55 P.M.
15.A. Conference With Legal Counsel - Existing Litigation Government Code Section 54956.9(D)(1)
The City Finds, Based on Advice from Legal Counsel, that Discussion in Open Session will
Prejudice the Position of the City in the Litigation. (2 Cases) A. Name of Case: City of Rolling
Hills v. SCE CPUC Docket No. C.24-10-008 B. Name of Case: City of Rolling Hills v. SoCalGas
CPUC Docket No. C.24-10-009
16. Reconvene To Open Session – 8:15 P.M.
Page 10 of 180
MINUTES – CITY COUNCIL MEETING
Monday, March 23, 2026
Page 4
17. Adjournment: 8:15 P.M.
The meeting was adjourned at 8:15 p.m. on March 23, 2026 in memory of Jack Smith, active resident and
former Caballeros Club President. The next regular meeting of the City Council is scheduled to be held on
Monday, April 13, 2026 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,
____________________________________
Bea Dieringer, Mayor
Page 11 of 180
Item: 8.D.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Payment of Bills
Background:
None.
Discussion:
None.
Fiscal Impact:
None.
Recommendation:
Approve as presented.
Attachments:
1. CL_AGN_260413_CC_PaymentOfBills_E
Page 12 of 180
Page 13 of 180
Page 14 of 180
Item: 8.E.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Republic Services Recycling Tonnage and Complaint Reports for February 2026
Background:
On July 1, 2020, the City entered into an Amended and Restated Agreement with Republic Services
for the collection, transportation, recycling, composting, and disposal of solid waste, including
recyclables, green waste, bulky items, and brush. The Agreement is scheduled to expire on June 30,
2029.
As part of this partnership, the city regularly receives and reviews Recycling Tonnage and Complaint
Reports from Republic Services. These reports serve several important municipal, regulatory, and
community functions.
Discussion:
The primary purpose of the Republic Services Recycling Tonnage and Complaint Reports is to
provide the City with oversight and transparency regarding its waste management and recycling
services. These reports enable the City to monitor the volume of waste and recyclable materials
collected and processed, as well as identify any recurring service issues or resident complaints. By
regularly reviewing these reports, the City can ensure that Republic Services is fulfilling its contractual
obligations, promptly addressing service deficiencies, and making informed decisions related to public
education and operational improvements. Additionally, the reports support compliance with recycling
and waste diversion, while supplying essential data for planning and reporting to regulatory agencies.
Below are highlights of the types of reports and notes included:
Recycling Tonnage Report: Documents the total weight of recyclable materials collected, helping the
City measure progress toward recycling and waste diversion goals and comply with mandated
requirements.
Complaint Report: Logs resident complaints related to waste and recycling services—such as missed
pickups or other service issues, to enable tracking of service quality and resolution of recurring
concerns.
Page 15 of 180
Red Tags Report: Records instances where a "red tag" is issued at an address, indicating a violation
or another issue with waste practices.
Missed Pick-Up Report: Details incidents where scheduled waste pickups were missed, including the
address, date, and resolution status.
Commercial Recycling: Commercial recycling materials are hauled to various transfer facilities, with a
portion separated and recovered. Recovery rates from these facilities are reported monthly and
applied to servicing areas.
Greenwaste Reporting: Greenwaste data in the Non-Franchise report may fluctuate monthly due to
factors like changes in customer service types, load contamination, or data entry errors.
Resident Services: Residents may request one free roll-off container for green waste disposal once a
year. Monthly Residential Franchise Reports highlight usage of these bins.
Diversion Requirements: Under the current Agreement between the City and Republic Services,
Republic Services is required to achieve a minimum annual Diversion Rate of 30% for Residential
Solid Waste Collection Services, or such amount as may be set in accordance with other changes in
law which mandate certain actions of programs for municipalities. The City currently achieves
compliance with California’s recycling and waste diversion requirements rate of at least 50% by
diverting green waste (such as yard trimmings and plant matter) from landfills and incorporating it into
its overall waste management program.
The Republic Services team continues to search for mixed waste options, and while they have a
prospect that looks promising, they are trying to work through some issues before settling on their
decision.
ADDITIONAL INFORMATION
Free Residential Roll-Off Bin
As mentioned, the City offers residents the opportunity to request one free roll-off container annually
for green waste disposal. According to the current Residential Franchise Reports, entries labeled
“Greenwaste – Free Residential Roll-Off Bin” and “Trash-Free Residential Roll-Off Bin.” Although the
City does not provide free roll-off bins for regular trash collection, the presence of “Trash-Free
Residential Roll-Off Bin” in the report may indicate one of two possibilities:
• When Republic Services retrieves the bin and returns it to their facility, they may have
identified contamination in the green waste bin, such as non-green waste disposed of
improperly.
• Alternatively, this may be due to data entry or keying errors that require correction.
Republic Services continues to work on the reporting of this item. It is important to note that the City is
not covering the cost associated with "trash-free" roll-off bins.
Red Tag Report Abbreviations
COMM: This column refers to Commercial service status. While Republic Services uses a standard
red-tag reporting template across all its service jurisdictions, the City of Rolling Hills does not have
commercial waste service. Therefore, entries under “COMM” are marked as “NO” for applicable red
tags within the City.
Page 16 of 180
Fiscal Impact:
None.
Recommendation:
Receive and file.
Attachments:
1. VC_REP_260413_Feb_TonnageReport
2. VC_REP_260413_Feb_C&D_Report
3. VC_REP_260413_Feb_CallLog_Redacted
4. VC_REP_260413_FebruaryComplaintList
Page 17 of 180
Year 2026
Diversion RequirementY
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion %
1 Greenwaste 89.97 89.97 - 100.00%
Trash 169.33 - 169.33 0.00%
Greenwaste - Residential Roll Off Bin 26.16 26.16 - 100.00%
Trash - Residential Roll Off Bin 5.26 - 5.26 0.00%
1 Total 290.72 116.13 174.59 39.95%
2 Greenwaste 105.57 105.57 - 100.00%
Trash 133.77 - 133.77 0.00%
Trash - Residential Roll Off Bin 4.65 - 4.65 0.00%
2 Total 243.99 105.57 138.42 43.27%
Grand Total 534.71 221.70 313.01 41.46%
CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2026
Page 1 of 2
Page 18 of 180
Year 2026
Diversion RequirementN
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion %
1 Recycle 0.16 0.07 0.09 42.94%
Trash 64.25 - 64.25 0.00%
Organics 0.02 0.01 0.01 67.20%
1 Total 64.43 0.08 64.35 0.12%
2 Recycle 0.18 0.09 0.09 50.45%
Trash 13.48 - 13.48 0.00%
Organics 0.02 0.01 0.01 61.64%
2 Total 13.68 0.11 13.57 0.77%
Grand Total 78.10 0.18 77.92 0.23%
CITY OF ROLLING HILLS NON-FRANCHISE
2026
Page 2 of 2
Page 19 of 180
Republic Services City of Rolling Hills
C&D Report Reporting Period February-26
Disposal Site Material Loads Taken Tons Collected
*No C&D to report this month
Summary
Row Labels Sum of Tons Collected
(blank)
Grand Total
Page 1 of 1
Page 20 of 180
Republic Services Call Log Report
City:Rolling Hills
Year 2026
Month/Quarter 2
Summary of Calls by Type
Final Call
Final Call Type Sub-Type Total
3.Missed Pick Up Missed Yard Waste - Residential 1
3.Missed Pick Up Total 1
Grand Total 1
Pg 1 of 2
Page 21 of 180
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 20260226-232155894 2/26/2026
2:20 PM
2/28/2026
11:19 PM
Hermie M
Bayoy
Sean SEAN F/(562) 572-
3345 states they have
been missed for the
pickup originally
scheduled on 2/24/2026.
CX REPORTED YA RD
WASTE WAS MISSED
EARLIER THIS WEEK AND
INSISTED MPU
(blank)RESI 9020003507 1 CURRENT
RESIDENT
87 CREST RD E
ROLLING HILLS CA
Pg 2 of 2
Page 22 of 180
City of Rolling Hills - February 2026 Republic Services Complaint Log
Date of Issue Time Issue/Complaint Resident Name Resident Address Republic
contacted
Republic
Reponse
2/2/2026 3:20 PM Missed Green Waste Brenda Cutrer 19 Caballeros Rd. Kash Knudson Kash Knudson
2/9/2026 11:20 AM Missed Trash and Green Waste Wendi Waters 9 Upper Blackwater Cyn. Rd.Kash Knudson Kash Knudson
2/20/2026 1:00 PM Missed Trash Laurie Brodie 1 Hummingbird Ln. Rotilio Baca Rotilio Baca
2/27/2026 3:40 PM Mssed Trash and Green Waste Sean Fontenot 87 Crest Rd. E.Hernan Acevedo Hernan Acevedo
Page 23 of 180
Item: 8.F.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Adopt Resolution No. 1406 authorizing a Fiscal Year 2025-2026 Budget Modification
to increase Appropriations by $77,231 in Fund 40-949 from a transfer of General
Fund Reserves for providing additional Southern California Gas Construction
Services on the City Hall Emergency Backup Dual-Fuel Generator Project
Background:
In June of 2023, the City Council adopted the fiscal year 2023-24 budget, which included funding of
$250,000 from General Fund reserves for a City Hall Solar/Battery Back-Up Project in the Capital
Projects Fund (40-949).
On January 12, 2026, the City Council awarded a construction contract to Pacific Power Engineering
Technology Inc. for providing construction services on the City Hall Emergency Backup Dual-Fuel
Generator Project in an amount not-to-exceed $288,150 including a 10% contingency and found the
project categorically exempt from the California Environmental Quality Act.
On January 26, 2026 the City Council adopted Resolution No. 1402 authorizing a fiscal year 2025-26
budget modification to increase appropriations by $111,150 in Fund 40-949 from a transfer of General
Fund Reserves for providing construction services on the City Hall Emergency Backup Dual-Fuel
Generator Project with an understanding that staff would return with a subsequent budget
amendment for to-be-determined Southern California Gas (SCG) construction services.
Discussion:
In the Fall of 2025, staff received plans and pricing for the natural gas connection from Palos Verdes
Drive North to the proposed generator site from SCG. Upon review, staff noted that a California
Public Utilities Commission (CPUC) tax was more than doubling the cost of proposed construction
services for a total of $185,150.
Staff subsequently reached out to SCG to discuss concerns around their proposed pricing for a new
service connection and held collaborative meetings on solutions to lower or avoid the additional and
unavoidable CPUC tax. SCG's engineer re-evaluated the project's proposed service distribution and
was able to design a far less costly plan that avoided Palos Verdes Drive North. The new proposed
plans would utilize the existing service line pathway through City Hall's parking lot with periodic
Page 24 of 180
asphalt saw cuts for upgrades to the meter, which would also be upgraded for the increased service
capacity. An extension from the existing service line to the generator building would constitute a
secondary project. This solution lowers the CPUC tax considerably, with total costs for both projects
being less than half of the originally proposed amount.
In March 2026, Southern California Gas submitted both projects to properly service the City Hall
Emergency Backup Dual-Fuel Generator Project. The attached resolution authorizes a Fiscal Year
2025-2026 Budget Modification to increase appropriations by $77,231 in Fund 40-949 from a transfer
of General Fund Reserves for providing Construction Services on the City Hall Emergency Backup
Dual-Fuel Generator Project.
This evening, staff seeks City Council authorization to proceed with the proposed action through
adoption of the Resolution as presented.
Fiscal Impact:
At the June 12, 2023 City Council meeting, the FY 23-24 budget was approved, including a capital
allocation of $250,000 to the City Hall campus back-up power project.
The City has already expended $28,500 as a fee for services provided by SiteLogiQ in pursuit of a
Design/Build Solar/Back Generator solution, a $43,090 fee for the Dual Fuel Generator Engineering
Design services by S&K, and $1,402.50 for Alan Palermo's consulting services, totaling $72,992.50
On January 12, 2026, the City Council approved a contract with Pacific Power Engineering
Technology Inc., for the Dual-Fuel Generator Project No. 2025-04 for an amount not-to-exceed
$288,150.00 (inclusive of a 10% contingency). On January 26, 2026, the City Council approved a
budget modification request for $111,150 to ensure the above contract portion of the project was fully
funded.
There is currently $288,157.50 allocated in the capital fund budget towards this project, which
includes a 10% contingency amount for the previously approved bid amount. This resolution would
increase the budget by an additional $77,231 for a total not-to-exceed project amount of $365,388.50.
Recommendation:
Approve as presented.
Attachments:
1. ResolutionNo1406_SCG_DF_BackupGenerator_CIP_BudgetAmendment_F
Page 25 of 180
Resolution No. 1406 1
RESOLUTION NO. 1406
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
AUTHORIZING A FISCAL YEAR 2025-2026
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $77,231 IN FUND 40-949
FROM A TRANSFER OF GENERAL FUND
RESERVES FOR PROVIDING ADDITIONAL
SOUTHERN CALIFORNIA GAS CONSTRUCTION
SERVICES FOR THE CITY HALL EMERGENCY
BACKUP DUAL-FUEL GENERATOR PROJECT
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to
review the adopted budget from time to time.
B. In June of 2023, the City Council adopted the fiscal year 2023-24
budget, which included funding of $250,000 from General Fund reserves for a City
Hall Solar/Battery Back-Up Project in the Capital Projects Fund (40-949).
C. On April 22, 2024, the City Council passed a motion (4/1) approving
the pursuit of installing a dual-fuel emergency generator covering the entire City
Hall campus.
D. On January 12, 2026 the City Council was presented with bids the
City received regarding Construction Services for the City Hall Emergency Backup
Dual-Fuel Generator Project, accepted the bid and approved a contract.
E. On January 26, 2026 the City Council adopted Resolution No. 1402
authorizing a fiscal year 2025-26 budget modification to increase appropriations
by $111,150 in Fund 40-949 from a transfer of General Fund Reserves for
providing construction services on the City Hall Emergency Backup Dual-Fuel
Generator Project with an understanding that staff would return with a subsequent
budget amendment for to-be-determined Southern California Gas construction
services.
F. In March 2026, Southern California Gas proposed and submitted two
projects, a meter upgrade and a line extension, to properly service the City Hall
Emergency Backup Dual-Fuel Generator Project.
Page 26 of 180
Resolution No. 1406 2
F. The City desires to appropriate an additional Seventy-seven
thousand, two hundred and thirty-one dollars ($77,231) in Fund 40-949 from a
transfer of General Fund Reserves for the City Hall Emergency Backup Dual-Fuel
Generator Project.
Section 2. The sum of Seventy-seven thousand, two hundred and
thirty-one dollars ($77,231)) is hereby appropriated in the Fund 40-949 from a
transfer of General Fund Reserves for the City Hall Emergency Backup Dual-
Fuel Generator Project.
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 13th day of April, 2026
______________________________
BEA DIERINGER
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
Page 27 of 180
Resolution No. 1406 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1406 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
AUTHORIZING A FISCAL YEAR 2025-2026
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $77,231 IN FUND 40-949
FROM A TRANSFER OF GENERAL FUND
RESERVES FOR PROVIDING ADDITIONAL
SOUTHERN CALIFORNIA GAS CONSTRUCTION
SERVICES FOR THE CITY HALL EMERGENCY
BACKUP DUAL-FUEL GENERATOR PROJECT
was approved and adopted at a regular meeting of the City Council on the 13th
day of April 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
Page 28 of 180
Item: 12.A.
Meeting Date: 4/13/2026
To: City Council
From: Samantha Crew, Management Analyst
Thru: Karina Bañales, City Manager
Subject: Consideration and Possible Action on Entering into a Three-Year Professional
Services Agreement with John L. Hunter & Associates for TMDL Trash Monitoring
and Reporting
Background:
The Total Maximum Daily Load (TMDL) program establishes limits on pollutants that may be
discharged into receiving waters in order to protect water quality and beneficial uses. TMDLs allocate
the allowable pollutant load among various sources and are implemented through regulatory
requirements and monitoring programs.
The Los Angeles Regional Water Quality Control Board adopted the Machado Lake Trash TMDL
under Resolution No. R4-2007-006 to regulate trash discharges within the Machado Lake watershed.
The TMDL was adopted in June 2007 and became effective in March 2008 following approval by the
State Water Resources Control Board, the Office of Administrative Law, and the United States
Environmental Protection Agency. The Regional Board later adopted the Santa Monica Bay
Nearshore and Offshore Marine Debris TMDL under Resolution No. R10-2010-010 to address trash
and debris entering coastal waters.
To comply with these requirements, the City of Rolling Hills implemented a Trash Monitoring and
Reporting Plan (TMRP) for both TMDLs. The TMRP was originally submitted to the Regional Board in
2008 and approved later that year. A revised plan was submitted in 2011 and approved in 2012,
which reduced the required monitoring frequency from quarterly monitoring to twice per year and
following the first major storm event of the season. The City’s TMRP includes a Minimum Frequency
Assessment and Collection (MFAC) program and monitoring activities designed to track trash
discharge levels and demonstrate compliance with the applicable TMDLs. Monitoring historically
occurred multiple times each year and following major storm events. Over time, monitoring results
have consistently demonstrated that trash discharge rates within the City are minimal or effectively
zero due to the City’s ongoing maintenance practices and implementation of best management
practices. Annual monitoring reports submitted to the Regional Board over the past decade have
consistently documented negligible trash discharge levels. Based on this performance, the Regional
Board approved a reduction in the required monitoring frequency. In June 2021, the Regional Board
authorized the City to conduct monitoring once per year following the first major storm event of the
Page 29 of 180
season, while continuing to submit annual monitoring reports.
To assist with compliance activities, the City has historically retained John L. Hunter & Associates
(JLHA), a consultant experienced in surface water quality monitoring and regulatory reporting, to
perform the required monitoring and reporting services. JLHA’s role is distinct from the City’s broader
stormwater program management consultant, McGowan Consulting, which oversees overall MS4
permit compliance, regulatory coordination, and annual reporting. In contrast, JLHA performs
specialized field monitoring and technical trash assessments, which require a narrow and technical
skill set. This separation of responsibilities is common practice among municipalities, as stormwater
program management and TMDL monitoring involve different areas of expertise. With limited staff
capacity and the technical complexity of these requirements, the use of specialized consultants helps
ensure continued regulatory compliance while allowing City staff to focus on core municipal
operations.
Discussion:
The Los Angeles Regional Water Quality Control Board has confirmed that the City remains a
responsible party under both the Machado Lake Trash TMDL and the Santa Monica Bay Nearshore
and Offshore Marine Debris TMDL and must continue implementing monitoring activities to
demonstrate compliance. Although the monitoring frequency has been reduced over time due to the
City’s strong performance in controlling trash discharges, the City is still required to conduct field
monitoring following the first major storm event of each season and submit an annual report
documenting the monitoring results.
In urbanized watersheds, trash and debris can accumulate during the dry season and be transported
into storm drain systems during the first significant rainfall event. Monitoring conducted immediately
following the first major storm event helps verify that trash is not accumulating at levels that would
impair downstream waterways or coastal resources. Continued monitoring ensures that the City’s
Minimum Frequency Assessment and Collection (MFAC) and Best Management Practices (BMP)
program remains effective and that the City maintains the low trash discharge conditions documented
in previous monitoring reports.
John L. Hunter & Associates (JLHA) has provided these monitoring and reporting services for the City
for several years and is familiar with the City’s watershed conditions, monitoring locations, and
regulatory reporting requirements. Their services include conducting the required field survey
following the first major storm event of the season, compiling and analyzing monitoring data, and
preparing the annual compliance report submitted to the Regional Water Quality Control Board.
JLHA has submitted a proposal to continue assisting the City with these regulatory obligations. The
proposed scope of work includes:
• Conducting one trash survey event following the first major storm event of the season
• Compiling monitoring data and performing data analysis
• Preparing the annual TMDL monitoring report for submittal to the Los Angeles Regional Water
Quality Control Board
The proposed agreement differs from prior agreements by establishing a three-year contract term,
from July 1, 2026 through June 29, 2029, and aligns with the City’s fiscal year rather than a calendar
year. This multi-year approach provides continuity for this recurring regulatory requirement, reduces
administrative effort associated with annual renewals, and supports a consistent monitoring and
reporting framework.
Fiscal Impact:
Page 30 of 180
The proposed Professional Services Agreement with John L. Hunter & Associates will be on a time-
and-materials basis with a total not-to-exceed amount of $14,167 over the three-year term of the
agreement (October 1, 2025 through October 1, 2028).
Estimated annual costs are as follows:
Year Not-to-exceed Cost
Year 1 $4,582.00
Year 2 $4,721.00
Year 3 $4,864.00
The total not-to exceed cost for the three-year term: $14,167.00
Funding for these services is included in the City’s adopted budget within the stormwater account
used for stormwater compliance and water quality monitoring activities.
Recommendation:
Staff recommends that the City Council approve a three-year Professional Services Agreement with
John L. Hunter & Associates for TMDL trash monitoring and reporting required by the Los Angeles
Regional Water Quality Control Board.
Attachments:
1. Attachment A - CA_AGR_260413_JLHA_F_PE
Page 31 of 180
CITY OF ROLLING HILLS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 13th day of April, 2026 between
the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and
John L. Hunter and Associates with principal offices at 6131 Orangethorpe Ave, Ste 300,
Buena Park, CA 90620, hereinafter referred to as "CONSULTANT."
1. RECITALS:
A. The CITY desires to contract the CONSULTANT to collect and evaluate
trash at discharge locations in compliance and conformance with the City’s Machado
Lake TMDL Monitoring Plan.
B. CONSULTANT is well qualified by reason of education and experience to
perform such services; and
C. CONSULTANT is willing to render such professional services as hereinafter
defined.
Now, therefore, for and in consideration of the mutual covenants and conditions
herein contained, CITY hereby engages CONSULTANT and CONSULTANT agrees to
perform the services set forth in this AGREEMENT.
2. SCOPE OF WORK
CONSULTANT shall perform all work necessary to complete in a manner
satisfactory to CITY the services as stated in the attached Exhibit A (hereinafter referred
to as “SERVICES”).
3. COST
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.
A. Compensation. Total expenditure made under this AGREEMENT shall not
exceed the sum of $14,448. This fee includes all expenses, consisting of all incidental
blueprinting, photography, travel, attendance at meetings and miscellaneous costs,
estimated to be accrued during that period. It also includes any escalation or inflation
factors anticipated.
B. Any increase in contract amount or scope shall be approved by expressed
written amendment executed by the CITY and CONSULTANT.
Page 32 of 180
4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed within 30 days of submitting an invoice to City
for the SERVICES. CONSULTANT shall submit an invo ice for the SERVICES within 10
days of completing each task or portion thereof identified in Exhibit A to this
AGREEMENT. CONSULTANT shall submit invoices electronically to the City Manager of
the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City
Manager of the CITY.
5. SUBCONTRACTING
CONSULTANT shall not be permitted to subcontract any portion of this contract
without the express written consent of the CITY.
6. COMMENCEMENT OF WORK
CONSULTANT shall commence work under this AGREEMENT on July 1, 2026.
7. WORK PERFORMED
All work shall be of the highest quality and consistent with industry standards.
8. COMPLIANCE WITH LAW
All SERVICES rendered hereunder shall be provided in accordance with the
requirements of relevant local, State and Federal Law.
9. ACCOUNTING RECORDS
CONSULTANT must maintain accounting records and other evidence pertaining
to costs incurred which records and documents shall be kept available at the
CONSULTANT’s California office, located at 6131 Orangethorpe Ave, Ste 300, Buena
Park, CA 90620, during the contract period and thereafter for five years from the date of
final payment.
10. OWNERSHIP OF DATA
All data, maps, photographs, reports, and other information and material collected
or prepared under this contract shall become the property of the CITY.
11. TERM OF CONTRACT
This Agreement shall be valid for 3 years, effective July 1, 2026 through June 30,
2029. The CITY may extend this AGREEMENT for an additional year. Such extensions
shall be in writing by the CITY and the CONSULTANT.
Page 33 of 180
12. TERMINATION
This contract may be terminated at any time for breach and the CITY may
terminate unilaterally without cause upon 7 days written notice to the CONSULTANT. All
work satisfactorily performed pursuant to this AGREEMENT and prior to the date of
termination may be claimed for reimbursement.
13. ASSIGNMENT
CONSULTANT shall not assign or transfer interest in this contract without the prior
written consent of the CITY.
14. AMENDMENT
It is mutually understood and agreed that no alteration or variation of the terms of
this contract, or any subcontract requiring the approval of the CITY, shall be valid unless
made in writing, signed by the parties hereto, and approved by all necessary parties.
15. NON-SOLICITATION CLAUSE
The CONSULTANT warrants that he or she has not employed or retained any
company or persons, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this contract. For
breach or violation of this warranty, the CITY shall have the right to annul this contract
without liability, or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
16. INDEMNITY
CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold
harmless CITY, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable attorneys
fees, expert fees and all other costs and fees of litigation) of every nature arising out of
or in connection with CONSULTANT’s performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, regardless of CITY’s
passive negligence, but excepting such loss or damage which is caused by the sole active
negligence or willful misconduct of the CITY. Should CITY in its sole discretion find
CONSULTANT’s legal counsel unacceptable, then CONSULTANT shall reimburse the
City its costs of defense, including without limitation reasonable attorney’s fees, expert
fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any
final judgment rendered against the CITY (and its officers, officials, employees and
volunteers) covered by this indemnity obligation. It is expressly understood and agreed
that the foregoing provisions are intended to be as broad and inclusive as is permitted by
the law of the State of California and will survive termination of this Agreement.
Page 34 of 180
If CONSULTANT should subcontract all or any portion of the SERVICES to be
performed under this AGREEMENT, CONSULTANT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers in accordance with the term of the preceding paragraph. This
section shall survive termination or expiration of this AGREEMENT.
17. INSURANCE
A. Without limiting CONSULTANT’S obligations arising under paragraph 16 -
Indemnity, CONSULTANT shall not begin work under this Agreement until it obtains
policies of insurance required under this section. The insurance shall cover
CONSULTANT, its agents, representatives, and employees in connection with the
performance of work under this Agreement, and shall be maintained throughout the term
of this Agreement. Insurance coverage shall be as follows:
i. Automobile Liability Insurance. CONSULTANT shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the CONSULTANT arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
ii. General Liability Insurance. CONSULTANT shall maintain
commercial general liability insurance with coverage at least as broa d as Insurance
Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. Any endorsement
restricting standard ISO “insured contract” language will not be accepted.
iii. Worker’s Compensation Insurance. CONSULTANT shall maintain
Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance
(with limits of at least $1,000,000). CONSULTANT shall submit to CITY, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its
officers, agents, employees, and volunteers.
This provision shall not apply if the CONSULTANT has no employees performing
work under this Agreement. If the CONSULTANT has no employees for the purposes of
this Agreement, the CONSULTANT shall sign the “Certificate of Exemption from Workers’
Compensation Insurance” which is attached hereto and incorporated herein by reference
as “Exhibit C.”
iv. Professional Liability Coverage. CONSULTANT shall maintain
professional errors and omissions liability insurance for protection against claims alleging
negligent acts, errors, or omissions which may arise from the CONSULTANT’s operations
under this Agreement, whether such operations are by the CONSULTANT or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not be
Page 35 of 180
less than $1,000,000 on a claims-made annual aggregate basis, or a combined single-
limit-per-occurrence basis. When coverage is provided on a “claims made basis,”
CONSULTANT will continue to renew the insurance for a period of 3 years after this
Agreement expires or is terminated. Such insurance will have the same coverage and
limits as the policy that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or omissions of
CONSULTANT, or its officers, employees, or agents during the time this Agreement was
in effect.
B. Additional Insured. General liability and automobile liability insurance
policies shall provide or be endorsed to provide that CITY and its officers, officials,
employees, agents, and volunteers shall be additional insureds under such policies.
C. Primary/noncontributing. Coverage provided by CONSULTANT shall be
primary and any insurance or self-insurance procured or maintained by CITY shall not
be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of CITY before the
CITY’s own insurance or self- insurance shall be called upon to protect it as a named
insured.
D. Evidence of Insurance. CONSULTANT shall furnish CITY, prior to the
execution of this Agreement, satisfactory evidence of the insurance required, issued by
an insurer authorized to do business in California, and an endorsement to each such
policy of insurance evidencing that each carrier is required to give CITY at least 30 days
prior written notice of the cancellation of any policy during the effective period of the
Agreement. All required insurance policies are subject to approval of the City Attorney.
Failure on the part of CONSULTANT to procure or maintain said insurance in full force
and effect shall constitute a material breach of this Agreement or procure or renew such
insurance, and pay any premiums therefore at CONSULTANT’S expense.
E. Duration of coverage. CONSULTANT shall procure and maintain for the
contract period, and any additional length of time required thereafter, insurance against
claims for injuries to persons or damages to property, or financial loss which may arise
from or in connection with the performance of the Work hereunder by CONSULTANT,
their agents, representatives, employees, or subconsultants.
F. City’s right of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not
replaced, CITY has the right but not the duty to obtain the insurance it deems
necessary, and any premium paid by CITY will be promptly reimbursed by
CONSULTANT or CITY will withhold amounts sufficient to pay premium from
CONSULTANT payments. In the alternative, CITY may cancel this Agreement.
Page 36 of 180
G. Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide,
unless otherwise approved by the CITY’s Risk Manager.
H. Waiver of subrogration. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its
elected or appointed officers, agents, officials, employees, and volunteers or shall
specifically allow CONSULTANT or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. CONSULTANT
hereby waives its own right of recovery against CITY and shall require similar written
express waivers and insurance clauses from each of its subconsultants.
I. Enforcement of contract provisions (non-estoppel). CONSULTANT
acknowledges and agrees that any actual or alleged failure on the part of the CITY to
inform CONSULTANT of non-compliance with any requirement imposes no additional
obligations on the CITY nor does it waive any rights hereunder.
J. Requirements not limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT
maintains higher limits than the minimums shown above, the CITY requires and shall be
entitled to coverage for the higher limits maintained by the CONSULTANT. Any
available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the CITY.
K. Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to CITY and approved of in
writing.
L. Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that CONSULTANT’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to
the insurer’s limits of liability. The policy(ies) shall not contain any cross -liability
exclusions.
M. Pass through clause. CONSULTANT agrees to ensure that its
subconsultants, subcontractors, and any other party who is brought onto or involved in
the project/service by CONSULTANT (hereinafter collectively “Subcontractor”), provide
the same minimum insurance coverage and endorsements required of C ONSULTANT
Page 37 of 180
under this Agreement. CONSULTANT agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. However, in the event CONSULTANT’s
Subcontractor cannot comply with this requirement, which proof must be submitted to
the CITY, CONSULTANT may still be able to utilize the Subcontractor provided
CONSULTANT shall be required to ensure that its Subcontractor provide and maintain
insurance coverage and endorsements sufficient to the specific risk of exposure
involved with Subcontractor’s scope of work and services, with limits less than required
of the CONSULTANT, but in all other terms consistent with the CONSULTANT’s
requirements under this Agreement. This provision does not relieve the CONSULTANT
of its contractual obligations under the Agreement and/or limit its liability to the amount
of insurance coverage provided by its subcontractors. This provision is intended solely
to provide CONSULTANT with the ability to utilize a Subcontractor who may be
otherwise qualified to perform the work or services but may not carry the same
insurance limits as required of the CONSULTANT under this Agreement given the
limited scope of work or services provided by the subcontractor. CONSULTANT agrees
that upon request, all agreements with Subcontractors, and others engaged in the
project and/or services, will be submitted to CITY for review.
N. CITY’s right to revise specifications. The CITY reserves the right at any
time during the term of the Agreement to change the amounts and types of insurance
required by giving the CONSULTANT 90 days advance written notice of such change. If
such change results in substantial additional cost to the CONSULTANT, the CITY and
CONSULTANT may renegotiate CONSULTANT’s compensation.
O. Self-insured retentions. Any self-insured retentions must be declared to
and approved by CITY. CITY reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the
retention through confirmation from the underwriter.
P. Timely notice of claims. CONSULTANT shall give CITY prompt and timely
notice of claims made or suits instituted that arise out of or result from CONSULTANT’s
performance under this Agreement, and that involve or may involve coverage under any
of the required liability policies.
Q. Additional insurance. CONSULTANT shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the work.
18. ENFORCEMENT OF AGREEMENT
In the event that legal action is commenced to enforce or declare the rights created
under this AGREEMENT, the prevailing party shall be entitled to an award of costs and
reasonable attorney’s fees in the amount to be determined by the court.
Page 38 of 180
19. CONFLICTS OF INTEREST
No member of the governing body of the CITY and no other officer, employee, or
agent of the CITY who exercises any functions or responsibilities in connection with the
planning and carrying out of the program, shall have any personal financial interest, direct
or indirect, in this AGREEMENT; and the CONSULTANT further covenants that in the
performance of this AGREEMENT, no person having any such interest shall be
employed.
20. INDEPENDENT CONSULTANT
The CONSULTANT is and shall at all times remain as to the CITY, a wholly
independent consultant. Neither the CITY nor any of its agents shall have control over
the conduct of the CONSULTANT or any of the CONSULTANT’s employees, except as
herein set forth. The CONSULTANT shall not at any time or in any manner represent
that it or any of its agents or employees are in any manner agents or employees of the
CITY.
21. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the employment of CONSULTANT by
CITY and contains all the covenants and agreements between the parties with respect
such employment in any manner whatsoever. Each party to this AGREEMENT
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
are not embodied herein, and that no other agreement or amendment hereto shall be
effective unless executed in writing and signed by both CITY and CONSULTANT.
22. NOTICES
All written notices required by, or related to this AGREEMENT shall be sent by
Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed
below. Neither party to this AGREEMENT shall refuse to accept such mail; the parties to
this AGREEMENT shall promptly inform the other party of any change of address. All
notices required by this AGREEMENT are effective on the day of receipt, unless
otherwise indicated herein. All notices and communications shall be sent to the parties at
the following addresses:
CITY: Karina Bañales, City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
CONSULTANT: John L. Hunter and Associates
Attn: Cameron McCullough
6131 Orangethorpe Ave, Ste 300
Page 39 of 180
Buena Park, CA, 90620
23. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the
laws of the State of California, and all applicable federal statutes and regulations as
amended.
[SIGNATURES ON FOLLOWING PAGE]
Page 40 of 180
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on
the date and year first above written.
CITY OF ROLLING HILLS CONSULTANT
CITY MANAGER JOHN L. HUNTER AND ASSOCIATES
______ _____ ________
KARINA BAÑALES
ATTEST:
______ _____
CITY CLERK
APPROVED AS TO FORM:
______ _____
NICOLAS PAPAJOHN, CITY ATTORNEY
CAMERON MCCULLOUGHVICE PRESIDENT
Page 41 of 180
Exhibit A
Page 42 of 180
March 17, 2026
Karina Bañales
City of Rolling Hills
2 Portuguese Bend Rd
Rolling Hills, CA 90274
Subject: Proposal to Assist with the Machado Lake Trash TMDL Trash Monitoring and
Reporting Plan and Santa Monica Bay Marine Debris TMDL Monitoring and Reporting
We at John L. Hunter & Associates (JLHA) welcome the opportunity to continue supporting the
City of Rolling Hills with the Machado Lake Trash and Santa Monica Bay Marine Debris TMDL
Monitoring and Reporting Plans.
Scope of Work
Because the Regional Board requires the City to maintain its TMDL compliance, ongoing
monitoring and reporting remain mandatory. JLHA provides the expert personnel to fulfill these
requirements by executing the City's revised monitoring plan. Our services include:
● Annual Monitoring: Conducting field assessments once a year, immediately following the
first major storm event (per the Board's approved 2021 frequency reduction).
● Annual Reporting: Preparing and submitting all required annual TMDL compliance reports
to the Regional Board.
Timeline & Cost
● Term: Three (3) years (July 1, 2026 – June 30, 2029), with the option to extend upon
mutual agreement.
● Budget: Services will be billed according to the attached Standard Rate Schedule and
estimated costs. We will not exceed the total cost estimate without prior City
authorization. If scope changes threaten to exceed the estimate, we will notify the City
immediately.
If you have any questions, you can reach me at cmccullough@jlha.net or 562.726.4259.
Sincerely,
Cameron McCullough
Director, JLHA
Page 43 of 180
JLHA Fee Proposal
JLHA hourly rate schedule for the three (3) year agreement
Company title Rate ($/hr)
Principal $246
Director $233
Senior Program Manager $219
Program Manager, Senior Engineer $205
Assistant Program Manager, Engineer $183
Lead Specialist, Lead Analyst $173
Senior Specialist, Senior Analyst $162
Specialist II, Analyst II $150
Specialist I, Analyst I $139
Administrative Assistant or Laborer $91
Not-to-Exceed Total Project Cost Proposal for the Three (3) Year Agreement
Task Year 1 total Year 2 total Year 3 total
1. Trash Survey Event $3,572 $3,572 $3,572
2. Data Compilation and Annual Reporting $1,244 $1,244 $1,244
Annual Totals $4,816 $4,816 $4,816
Total for three (3) years:Total for three (3) years: $14,448
Page 44 of 180
Item: 12.B.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Consideration and possible action to adopt Resolution No. 1405 approving the award
of an emergency construction contract to Pearce Concrete & Masonry, Inc. for the re-
routing and repair of City Hall’s water main service line in an amount not-to-exceed
$29,373, inclusive of a 5% contingency; authorizing the City Manager to execute the
agreement; and finding the project categorically exempt from the California
Environmental Quality Act.
Background:
In March 2023, City staff observed signs of water near the City Hall ADA parking space in the
northwest section of the rear parking lot near the service meter. At that time, the City utilized an
approved vendor, Stephens Plumbing, to detect the location, assess, and repair. After excavation, the
pinhole leak was found approximately 8 feet below grade, repaired, backfilled, compacted, and re-
paved over the course of one week. The final costs for parts and labor were $23,569.70.
In October 2024, City Staff observed signs of water near the installation of the City Hall siren pole in
the rear parking lot. Again, the City utilized an approved vendor, Stephens Plumbing, to detect the
location, assess, and repair. During detection/excavation, two pinhole leaks were found. The first was
in the riser adjacent to the building, approximately 6 feet below grade, and the second was under the
asphalt near the air conditioning condenser units, approximately 6.5 feet below grade. Both were
repaired, backfilled, compacted, and re-paved over the course of two weeks. The final costs for parts
and labor were $23,485.40.
At that time, Stephen's representative recommended that the City consider rerouting the water main
line in the future, as continued development of pinhole leaks in the aging pipes would lead to multiple
costly repairs over time.
In late January 2026, City staff observed that recent signs of water on the pavement in City Hall's rear
parking lot were causing the water meter to spin irregularly, denoting another water main leak. Based
on the aforementioned advice and in consideration of future-proofing the water main to avoid further
leaks, staff requested quotes for rerouting the water main in a more direct, linear-foot route alongside
City Hall, at a more reasonable industry-standard depth of 18" to 24".
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Staff solicited multiple quotes, including from approved city vendors. After receipt of multiple
estimates and further consultation with the City Attorney's office, it was determined that projects over
$1,000 must comply with prevailing wage requirements for public works, and those over $15,000
must comply with California's Department of Industrial Relations (DIR) registration and reporting
requirements.
Discussion:
In late February, staff began soliciting estimates from contractors that could meet the above
prevailing wage / DIR requirements and explored additional ways to potentially lower overall repair
costs for an emergency infrastructure investment. Staff also requested a quote from current
landscaping maintenance provider Bennett Landscape to assist with necessary trenching/backfilling
and restoration in their newly landscaped areas alongside City Hall to help lower the originally
proposed plumbing estimates from the vendors below. The City received the following five (5) revised
proposals:
Contractor Address Proposal Amount*
Pearce Concrete & Masonry,
Inc.
841 Van Ness Ave., Torrance,
CA 90501
$27,974
Stephens Plumbing 616 W. 6th Street, San Pedro,
CA 90731
$29,785.62
Tier One Mechanical, Inc. 18414 S. Santa Fe Avenue,
Rancho Dominguez, CA 90221
$31,500
Verne's Plumbing 8561 Whitaker Street, Buena
Park, CA 90621
$40,046.25
Carney Engineering
Construction, Inc.
18812 Corby Ave., Artesia, CA
90701
$45,900
Staff validated the estimates received (Attachments C-G) and determined that Pearce Concrete &
Masonry Inc. is the lowest responsive and responsible contractor.
Staff recommends that the City Council award the construction contract (Attachment B) to Pearce
Concrete & Masonry, Inc. in the amount of $29,373, including a 5% contingency. Resolution No.
1405, approving this action, is attached as Attachment A and has been approved as to form by the
City Attorney.
ENVIRONMENTAL REVIEW
The approval of the construction contract to Pearce Concrete & Masonry Inc. is categorically exempt
from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section
15301 [Class 1]. Class 1 applies to the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. Here, the
project proposes to construct site and plumbing improvements to support the replacement of an
existing water main at Rolling Hills City Hall. Further, none of the exceptions outlined in State CEQA
Guidelines section 15300.2 apply. Thus, the project fits within the Class 1 exemption, and no further
environmental review is required.
Fiscal Impact:
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The project has a not-to-exceed amount of $29,373 (including a 5% contingency). An additional
amount of $3,225 will be expended via the City's current landscape maintenance contract with Bennet
Landscape for trenching, backfilling, and landscape restoration.
This project is currently not budgeted. However, it is possible that there will be savings from one or
more accounts that will cover the cost of this project. As we approach the end of the fiscal year, staff
will have a better sense of whether there are sufficient savings to cover some or all of the project's
costs. If needed, staff will return to the Council with a recommended budget adjustment before June
30, 2026.
Recommendation:
Adopt Resolution No. 1405 approving the award of an emergency construction contract to Pearce
Concrete & Masonry, Inc. for the re-routing and repair of City Hall’s water main service line in an
amount not-to-exceed $29,373, inclusive of a 5% contingency; authorizing the City Manager to
execute the agreement; and finding the project categorically exempt from the California
Environmental Quality Act.
Attachments:
1. Attachment A ResolutionNo1405_CityHallWaterMain_EmergencyRepair_F
2. CA_AGR_260413_PearceC&M_CHWaterMain_EmergencyContract_F
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Resolution No. 1405
1
RESOLUTION NO. 1405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS FINDING AND DECLARING THAT AN
EMERGENCY CONDITION EXISTS ARISING FROM
DAMAGE TO THE CITY HALL WATER MAIN LOCATED
AT 2 PORTUGUESE BEND ROAD AND AUTHORIZING
EMERGENCY RELOCATION AND REPAIR TO THE
WATER MAIN WITHOUT PUBLIC BIDDING
RECITALS
A. Sections 22035 and 22050 of the Public Contracts Code authorize the City
of Rolling Hills (“City”) to proceed with awarding a public works contract to perform
emergency work upon adoption by the City Council by a four-fifths vote of a resolution
declaring that the public interest and necessity demand the immediate expenditure of
public funds to safeguard life, health, or property;
B. The City Hall water main service located at 2 Portuguese Bend Road
(“water main”) is in need of emergency relocation/repair as a result of water leaking
approximately six to eight feet below the asphalt pavement in the parking lot;
C. This represents the third City Hall water main leak in less than three years
with the previous two repairs being significant in costs to the City;
D. Due to the original, aged service line depths, it is warranted to re-route a
new service line at 18” to 24” depth with the majority of the linear footage in the
landscaped area adjacent to City Hall;
E. The repairs are necessary to preserve the health, safety and welfare of the
City;
F. The need for repair of the City’s water main requires immediate action that
will not permit undergoing the formal competitive bidding process because the leak
appears to be growing, releasing a larger volume of water, and increasing the City’s utility
bill;
G. The Assistant to the City Manager solicited proposals from Pearce Concrete
& Masonry, Inc., Stephens Plumbing, Tier One Mechanical, Inc., Verne’s Plumbing and
Carney Engineering Construction, Inc. and received written acceptable proposals to
perform the emergency work from all, and the City now wishes to award an emergency
contract for repair of the City’s storm drain to Pearce Concrete & Masonry, Inc.;
H. Public Contract Code section 22050 also provides that the City Council
may, by resolution, delegate the authority to order any action required by the emergency
and to procure the necessary equipment, services, and supplies for those purposes,
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Resolution No. 1405
2
without giving notice for bids to let the contracts, to the City Manager, her designee, or
any other officer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. The City Council finds that the public interest and
necessity demand the immediate expenditure of public funds for emergency work for the
repair of the City’s water main to safeguard life, health and property. The City Council
further finds that the emergency will not permit a delay that would result from a competitive
solicitation for bids and that action is necessary to respond to the emergency related to
the damaged condition of the City’s water main. The City Council further finds that based
on the foregoing, the approvals herein authorized are necessary to protect the public
health, safety and welfare.
Section 3. Award of Contract; Delegation of Emergency Contracting
Authority. A contract to perform the necessary emergency repair work to the City’s water
main is hereby awarded to Pearce Concrete & Masonry Inc. for $27,974.00 and the City
Manager, or her designee, is hereby authorized to execute said contract, and to order
any other action required to remedy the emergency relating to the damaged condition of
the City’s water main, and to procure the necessary equipment, services, and supplies
for those purposes, without giving notice for bids to let contracts. The City Manager, or
her designee, is directed to report to the City Council at the next regularly scheduled
meeting and at every meeting thereafter until the action is terminated to determine if there
is a need to continue the action.
Section 4. Effective Date. This Resolution shall be effective immediately.
PASSED, APPROVED, AND ADOPTED this 13th day of April, 2026.
______________________________
BEA DIERINGER
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
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Resolution No. 1405
3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1287 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS FINDING AND DECLARING THAT AN
EMERGENCY CONDITION EXISTS ARISING FROM
DAMAGE TO THE CITY HALL WATER MAIN LOCATED
AT 2 PORTUGUESE BEND ROAD AND AUTHORIZING
EMERGENCY RELOCATION AND REPAIR TO THE
WATER MAIN WITHOUT PUBLIC BIDDING
was approved and adopted at a regular meeting of the City Council on the 13th day of
April 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
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CITY OF ROLLING HILLS
EMERGENCY CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ROLLING HILLS
AND PEARCE CONCRETE & MASONRY, INC.
WATER MAIN RE-ROUTING REPAIRS
1. PARTIES AND DATE.
This Contract is made and entered into this 13TH day of April, 2026 by and between the
City of Rolling Hills, a public agency and public corporation of the State of California (“City”) and
PEARCE CONCRETE & MASONRY, INC., a California corporation, with its principal place of
business at 841 Van Ness Ave, Torrance CA 90501 (“Contractor”). City and Contractor are
sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
storm drain related construction services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the services in the State of
California, and that it is familiar with the plans of City. The following license classifications are
required for this Project: A.
2.3 Project. City desires to engage Contractor to render such services for the 2026-01
City Hall Water Main Re-Routing Repairs(“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, a performance bond, a payment bond, and all insurance documentation,
as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)
• Public Works Contractor Registration Certification (Exhibit “E”)
• Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)
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• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction
(The Greenbook), Excluding Sections 1-9
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at
its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately complete the Project,
including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant
to this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents, as well as the exhibits attached hereto and incorporated herein by
reference. The plans and specifications for the Work are further described in Exhibit “B” attached
hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work
are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition
or deletion is approved in writing by a valid change order executed by the City. Should Contractor
request a change order due to unforeseen circumstances affecting the performance of the Work,
such request shall be made within five (5) business days of the date such circumstances are
discovered or shall waive its right to request a change order due to such circumstances. If the
Parties cannot agree on any change in price required by such change in the Work, the City may
direct the Contractor to proceed with the performance of the change on a time and materials
basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section
3400(b), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so indicated
or specified in this Contract. However, the City may have adopted certain uniform standards for
certain materials, processes and articles. Contractor shall submit requests, together with
substantiating data, for substitution of any “or equal” material, process or article no later than
thirty-five (35) days after award of the Contract. To facilitate the construction schedule and
sequencing, some requests may need to be submitted before thirty-five (35) days after award of
Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize
an extension of time for performance of this Contract. If a proposed “or equal” substitution request
is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process
or article is an “or equal” material, process or article that may be substituted. Data required to
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substantiate requests for substitutions of an “or equal” material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted “or
equal” material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted “or equal”
material, process or article, and substantiates that it is an “or equal” to the material, process or
article. The substantiating data must also include information regarding the durability and lifecycle
cost of the requested substituted “or equal” material, process or article. Failure to submit all the
required substantiating data, including the signed affidavit, to the City in a timely fashion will result
in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of
substitution requests. Contractor shall be responsible for all costs related to a substituted “or
equal” material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance.
3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract
within 5 working days, beginning the effective date of the Notice to Proceed (“Contract Time”).
Contractor shall perform its Work in strict accordance with any completion schedule, construction
schedule or project milestones developed by the City. Such schedules or milestones may be
included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to
Contractor. Contractor agrees that if such Work is not completed within the aforementioned
Contract Time and/or pursuant to any such completion schedule, construction schedule or project
milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and
agreed that the City will suffer damage.
3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85,
Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500)
per day for each and every calendar day of delay beyond the Contract Time or beyond any
completion schedule, construction schedule or Project milestones established pursuant to the
Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Work. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, including any required
business license, and that such licenses and approvals shall be maintained throughout the term
of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any work
necessary to correct errors or omissions which are caused by Contractor’s failure to comply with
the standard of care provided for herein. Any employee who is determined by the City to be
uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who
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fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed
from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor
as an independent contractor to furnish all materials and to perform all Work according to the
terms and conditions herein contained for the sum set forth above. Except as otherwise provided
in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory
performance by Contractor of the services and obligations required by this Contract, the below-
referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Twenty Seven
Thousand Nine Hundred Seventy Four ($27,974) (“Total Contract Price”) provided that such
amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written
change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty
(30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more than
thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On
or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized
application for payment in the format supplied by the City indicating the amount of Work completed
since commencement of the Work or since the last progress payment. These applications shall
be supported by evidence which is required by this Contract and such other documentation as
the City may require. The Contractor shall certify that the Work for which payment is requested
has been done and that the materials listed are stored where indicated. Contractor may be
required to furnish a detailed schedule of values upon request of the City and in such detail and
form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other
expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests
in accordance with the provisions set forth in Section 20104.50 of the California Public Contract
Code. However, no progress payments will be made for Work not completed in accordance with
this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to
the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent
(5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
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Contract retention shall be released and paid to Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor’s obligations under the Contract which
Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied;
(4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for
the unpaid balance of the Total Contract Price or within the scheduled completion date; (6)
unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the
Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient
documentation as required by the Contract or by City during the prosecution of the Work; (9)
erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Contract; and (11) any other sums which the City is entitled
to recover from Contractor under the terms of the Contract or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public
Contract Code Section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with
a state or federally chartered bank in California as the escrow agent, and thereafter the City shall
then pay such monies to Contractor as they come due. Upon satisfactory completion of the
Contract, the securities shall be returned to Contractor. For purposes of this Section and Section
22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean
the time the City has issued written final acceptance of the Work and filed a Notice of Completion
as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any
securities substituted for monies withheld and shall receive any interest thereon. The escrow
agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract. Such
transferred title shall in each case be good, free and clear from any and all security interests,
liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate,
or otherwise encumber the items in any manner that would result in any lien, security interest,
charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by
the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and
shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the Work
governed by this Contract prior to final payment by City.
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3.7.9 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations,
Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. Since the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation
is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Contract upon request. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at Contractor’s
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor
and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for
each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the
California Labor Code with respect to the employment of properly registered apprentices upon
public works. The primary responsibility for compliance with said section for all apprenticeable
occupations shall be with Contractor. The Contractor or any subcontractor that is determined by
the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty
an amount not exceeding $100 for each full calendar day of noncompliance, or such greater
amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes
a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit
a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week, except when
payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for
that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages paid
to each journeyman, apprentice, worker, or other employee employed by him or her in connection
with the public work. The payroll records shall be certified and shall be available for inspection at
all reasonable hours at the principal office of Contractor in the manner provided in Labor Code
section 1776. In the event of noncompliance with the requirements of this section, Contractor
shall have 10 days in which to comply subsequent to receipt of written notice specifying in what
respects such Contractor must comply with this section. Should noncompliance still be evident
after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for
each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The
amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is
found to have violated the provisions of law regarding wages on Public Works with the intent to
defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as
determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from
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progress payments then due. The responsibility for compliance with this section is on Contractor.
The requirement to submit certified payroll records directly to the Labor Commissioner under
Labor Code section 1771.4 shall not apply to work performed on a public works project that is
exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code
sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a
bid proposal, or enter into a contract to perform public work must be registered with the
Department of Industrial Relations. No bid will be accepted nor any contract entered into without
proof of the contractor’s and subcontractors’ current registration with the Department of Industrial
Relations to perform public work. Contractor is directed to review, fill out and execute the Public
Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract
execution. Notwithstanding the foregoing, the contractor registration requirements mandated by
Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works
project that is exempt pursuant to the small project exemption specified in Labor Code Sections
1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s
sole responsibility to evaluate and pay the cost of complying with all labor compliance
requirements under this Contract and applicable law. Any stop orders issued by the Department
of Industrial Relations against Contractor or any subcontractor that affect Contractor’s
performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay
arising out of or resulting from such stop orders shall be considered Contractor caused delay
subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents
free and harmless from any claim or liability arising out of stop orders issued by the Department
of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state and federal laws, rules and regulations that may impact, or be implicated by
the performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General
Permit. Contractor shall comply with all conditions of the most recent iteration of the National
Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated
with Construction Activity, issued by the California State Water Resources Control Board
(“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage
under the Permit for all construction activity which results in the disturbance of more than one
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acre of total land area or which is part of a larger common area of development or sale. Prior to
initiating work, Contractor shall be solely responsible for preparing and implementing a Storm
Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be
responsible for procuring, implementing and complying with the provisions of the Permit and the
SWPPP, including the standard provisions, and monitoring and reporting requirements as
required by the Permit. The Permit requires the SWPPP to be a “living document” that changes
as necessary to meet the conditions and requirements of the job site as it progresses through
difference phases of construction and is subject to different weather conditions. It shall be
Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the
project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City,
or local agency regarding discharges of storm water to separate storm drain systems or other
watercourses under their jurisdiction, including applicable requirements in municipal storm water
management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the
Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from
such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising
therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the
Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this
Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its
directors, officials, officers, employees, volunteers and agents for any alleged violations. In
addition, City may seek damages from Contractor for any delay in completing the Work in
accordance with the Contract, if such delay is caused by or related to Contractor’s failure to
comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor’s failure to comply with the
Permit or any other relevant water quality law, regulation, or policy. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
reimburse the City for the costs (including the City’s attorney’s fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the
requirements of this paragraph.
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3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. Contractor shall comply with the requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the Work and the conditions under which the Work is
to be performed. Safety precautions as applicable shall include, but shall not be limited to,
adequate life protection and lifesaving equipment; adequate illumination for underground and
night operations; instructions in accident prevention for all employees, such as machinery guards,
safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching
and shoring, fall protection and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the
proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors practicing
in the vicinity of the Project, as well as the telephone number of the local ambulance service,
adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and regulations
in connection with Work. If Contractor observes that the drawings or specifications are at variance
with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes
shall be made by written change order. If Contractor performs any work knowing it to be contrary
to such laws, rules and regulations and without giving written notice to the City, Contractor shall
be solely responsible for all costs arising therefrom. City is a public entity of the State of California
subject to certain provisions of the Health & Safety Code, Government Code, Public Contract
Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law
applicable to the public contracts of a municipality are a part of this Contract to the same extent
as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold
City, its officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Contract, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited
to, any required business license. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this
Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more
in depth, Contractor shall comply with all applicable provisions of the California Labor Code,
including Section 6705. To this end, Contractor shall submit for City’s review and approval a
detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation of such trench or
trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a
registered civil or structural engineer.
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3.8.6 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
disturbance of any conditions, notify City of: (1) any material discovered in excavation that
Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II
or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from
those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date
and shall proceed with all Work to be performed under the Contract, but shall retain all rights
provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of
the California Government Code, City shall compensate Contractor for the costs of: (1) locating
and repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay caused by failure of City to provide for removal or
relocation of such utility facilities.
3.8.8 Air Quality.
Contractor shall fully comply with all applicable laws, rules and regulations in
furnishing or using equipment and/or providing services, including, but not limited to, emissions
limits and permitting requirements imposed by the South Coast Air Quality Management District
(Air District) and/or California Air Resources Board (CARB). Although the Air District and
CARB limits and requirements are more broad, Contractor shall specifically be aware of their
application to "portable equipment", which definition is considered by Air District and CARB to
include any item of equipment with a fuel-powered engine.
Contractor shall comply, and shall ensure all subcontractors comply, with all
applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all
pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make
available for inspection and copying any and all documents or information associated with
Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported
Compliance, fuel/refueling records, maintenance records, emissions records, and any other
information the Contractor is required to produce, keep or maintain pursuant to the Regulation
upon two (2) calendar days’ notice from the City.
Contractor shall indemnify City against any fines or penalties imposed by Air
District, CARB, or any other governmental or regulatory agency for violations of applicable laws,
rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is
responsible under its indemnity obligations provided for in this Agreement.
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3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling
Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly
diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items
of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed
the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once
the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to
be paid, less any amount which City may be authorized or directed by law to retain. Payment of
retention proceeds due to Contractor shall be made in accordance with Section 7107 of the
California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California
Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial
supervised mediation, and judicial arbitration to resolve disputes on construction claims of
$375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes
a process for negotiation and mediation to resolve disputes on construction claims. The intent of
this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public
Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand
by the Contractor, after a change order duly requested in accordance with the terms of this
Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages
arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an
amount the payment of which is disputed by the City. A “Claim” does not include any demand for
payment for which the Contractor has failed to provide notice, request a change order, or
otherwise failed to follow any procedures contained in the Contract Documents. Claims governed
by this Section may not be filed unless and until the Contractor completes all procedures for giving
notice of delay or change and for the requesting of a time extension or change order, including
but not necessarily limited to the change order procedures contained herein, and Contractor’s
request for a change has been denied in whole or in part. Claims governed by this Section must
be filed no later than fourteen (14) days after a request for change has been denied in whole or
in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to
the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.”
Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing
in this Section is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims, including all requirements pertaining to compensation
or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such
contractual requirements shall bar any claims or subsequent lawsuits for compensation or
payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the
following format:
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3.10.3.1 Summary of claim merit and price, reference Contract
Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an
allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall
provide a summary of the percentage of the claim subject to design errors or omissions and shall
obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including
any claims from subcontractors of any tier, in accordance with Government Code section 12650
et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall
conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide
the Contractor a written statement identifying what portion of the claim is disputed and what
portion is undisputed. Any payment due on an undisputed portion of the claim will be processed
and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually agreed to
extension of time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, City shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in
writing additional documentation supporting the claim or relating to defenses or claims City may
have against the Contractor. If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
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3.10.4.3 City’s written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15
days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation,
whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City
fails to respond within the time prescribed, the Contractor may so notify City, in writing, either
within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the
time prescribed, respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and
confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet
and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide
the Contractor a written statement identifying the portion of the claim that remains in dispute and
the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be
processed and made within 60 days after City issues its written statement. Any disputed portion
of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation,
with City and the Contractor sharing the associated costs equally. City and Contractor shall
mutually agree to a mediator within 10 business days after the disputed portion of the claim has
been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged
by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any
nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in
which an independent third party or board assists the Parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes
in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in
writing, the mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new
unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any
portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing
with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title
1 of the Government Code. For purposes of those provisions, the running of the period of time
within which a claim must be filed shall be tolled from the time the Contractor submits his or her
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written claim pursuant to subdivision (a) until the time the claim is denied, including any period of
time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions
filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to commencement
of the action in accordance with Public Contract Code section 9204 and the terms of these
procedures. The mediation process shall provide for the selection within 15 days by both parties
of a disinterested third person as mediator, shall be commenced within 30 days of the submittal,
and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted
to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,
be experienced in construction law, and (B) any party appealing an arbitration award who does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra work, disputed work,
claims and/or changed conditions, Contractor must comply with the claim procedures set forth in
Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government Code claims
shall be limited to those matters that remain unresolved after all procedures pertaining to extra
work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no
such Government Code claim is submitted, or if any prerequisite contractual requirements are not
otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining
a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date
the work is completed or the date the Contractor last performs work on the Project, whichever
occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new
unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor
within the time periods described in this Section or to otherwise meet the time requirements of
this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond
shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to
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herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted by
City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of
the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3;
provided, however, that the City needs to provide Contractor with only one (1) day advanced
written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Contractor’s
services, the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys’ fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782,
Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury
to persons, injury to property, or any other loss, damage or expense arising from the sole or active
negligence or willful misconduct of the City or the City’s agents, servants, or independent
contractors who are directly responsible to the City, or for defects in design furnished by those
persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall
also reimburse City for the cost of any settlement paid by City or its officials, employees, agents
and authorized volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse City and its officials, employees, agents and authorized
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by the City, its officials, employees,
agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to commence
work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
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3.13.2 Minimum Requirements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office
Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for
operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business
Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate
for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per
accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and
each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to
the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied
or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status using ISO
endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same
coverage, with respect to the Work or operations performed by or on behalf of Contractor,
including materials, parts or equipment furnished in connection with such work; (2) all policies
shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by
the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any
person named as an additional insured pursuant to this Contract, and Contractor agrees to waive
all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as
respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and
authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to
contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
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hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive
or shall permit Contractor to waive all rights of subrogation which may be obtained by the
Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person
named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such
rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the
City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its officials, employees, agents and authorized
volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute
with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees,
agents and authorized volunteers for losses paid under the terms of the insurance policy which
arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City,
its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall guarantee that,
at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officials, employees, agents and authorized volunteers;
or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City
guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and
satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when
not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
supplied or approved by the City. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
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3.13.8 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall
name the City, its officials, employees, agents and authorized volunteers as additional insureds
using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages
for subcontractors shall be subject to all of the requirements stated herein except as otherwise
agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition
to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Contract a Payment Bond in an amount required by the
City and in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Contract a Performance Bond in an amount required by the City and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Contract until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance
with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer,
as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California-admitted surety insurer issuing bonds does not meet these requirements, the insurer
will be considered qualified if it is in conformance with Section 995.660 of the California Code of
Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of
this Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Contract or in any guarantee or warranty provided
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by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the Work or non-conformance of the Work to the Contract,
commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act sooner as requested by the City in response to
an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any
portions of the Work (or work of other contractors) damaged by its defective Work or which
becomes damaged in the course of repairing or replacing defective Work. For any Work so
corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Contract. All costs associated with such corrective actions and testing, including the removal,
replacement, and reinstitution of equipment and materials necessary to gain access, shall be the
sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the Work, whether express or implied, are deemed
to be obtained by Contractor for the benefit of the City, regardless of whether or not such
warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City
shall have the right to correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker’s Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this purpose,
which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be
executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
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3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager,
or his or her designee, to act as its representative for the performance of this Contract (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative who shall
be subject to the review and approval of the City (“′Contractor’s Representative”). Following
approval by the City, Contractor’s Representative shall have full authority to represent and act on
behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall
supervise and direct the Work, using his best skill and attention, and shall be responsible for all
construction means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Work under this Contract. Contractor’s Representative shall
devote full time to the Project and either he or his designee, who shall be acceptable to the City,
shall be present at the Work site at all times that any Work is in progress and at any time that any
employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible
supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the
information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either
with our without cause, by giving Contractor three (3) days advance written notice. In the event of
termination by City for any reason other than the fault of Contractor, City shall pay Contractor for
all Work performed up to that time as provided herein. In the event of breach of the Contract by
Contractor, City may terminate the Contract immediately without notice, may reduce payment to
Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other
available recourse against Contractor. Contractor may not terminate this Contract except for
cause. In the event this Contract is terminated in whole or in part as provided, City may procure,
upon such terms and in such manner as it may determine appropriate, services similar to those
terminated. Further, if this Contract is terminated as provided, City may require Contractor to
provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter
prepared or built by Contractor in connection with its performance of this Contract. City shall not
be liable for any costs other than the charges or portions thereof which are specified herein.
Contractor shall not be entitled to payment for unperformed Work including, without limitation, any
overhead and profit on the portion of the Work that is terminated and shall not be entitled to
damages or compensation of any kind or nature for termination of Work.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning
or import of any of the provisions of this Contract or written or oral instructions from City, the
matter shall be referred to City’s Representative, whose decision shall be binding upon
Contractor.
3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
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Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section
16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of
goods, services, or materials pursuant to the Contract. This assignment shall be made and
become effective at the time the City tender final payment to Contractor, without further
acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
Pearce Concrete & Masonry, Inc
841 Van Ness Ave., Torrance, CA 90501
Attn: Shawn Taylor
CITY:
City of Rolling Hills
2 Portuguese Bend Rd
Rolling Hills, CA 90274
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
3.17.7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action
of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws and Venue. This Contract shall be interpreted in accordance
with the laws of the State of California. If any action is brought to interpret or enforce any term of
this Contract, the action shall be brought in the Superior Court of California for the County of Los
Angeles, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each
of which shall constitute an original.
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3.17.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation of
this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Contract, no director, official, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Contract, or obtain any present or anticipated
material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees
or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required
under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor’s license of the classification indicated below under
Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated
by the Contractors’ State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within ten (10) years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract and
bind each respective Party.
3.17.18 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
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3.17.19 Non-Waiver. None of the provisions of this Agreement shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects..
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR EMERGENCY CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ROLLING HILLS
AND PEARCE CONCRETE & MASONRY, INC
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
24th day of October, 2022.
CITY OF ROLLING HILLS PEARCE CONCRETE & MASONRY, INC.
By: By:
City Manager Its:
Printed Name:
CSLB License No. 785270
Classification A, C21, C29
ATTEST:
By:
City Clerk
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EXHIBIT “A”
SERVICES / SCHEDULE
WATER MAIN:
Demo - Sawcut and demo asphalt at parking lot crossing. Protect trench with steel plates.
Trenching and Backfill - Trench from water meter to planter at NW corner of building. Shade pipe
with imported sand soil. Backfill and compact remaining trench with native soil. 45 LF Shade all
pipe, with imported sand soil, in planter surrounding building. 70 LF. All other trenching and backfill
in planter NOT included. Furnish and install 2” Type K Copper water line from meter to POC on
building. 115 LF
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract,
the Contractor shall deliver to the City four identical counterparts of the Performance Bond and
Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.
Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid
security. The surety supplying the bond must be an admitted surety insurer, as defined in Code
of Civil Procedure Section 995.120, authorized to do business as such in the State of California
and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one
hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the
California Labor Code which require every employer to be insured against liability for Worker’s
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and
I, the undersigned Contractor, agree to and will comply with such provisions before commencing
the performance of the Work on this Contract.
PEARCE CONCRETE & MASONRY, INC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish
to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the Department of Industrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further
acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project.
• Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in
its contract with subcontractors and ensure that all subcontractors are registered at the
time of bid opening and maintain registration status for the duration of the project.
• Failure to submit this form or comply with any of the above requirements may result in a
finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code
Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”
PAYMENT BOND
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Rolling Hills (hereinafter designated as the “City”), by action taken or a resolution passed April 13, 2026 has awarded to PEARCE CONCRETE & MASONRY, INC. hereinafter designated as the “Principal,” a contract for the work described as follows:
2026-01 City Hall Water Main Re-Routing Repairs (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 13, 2026 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement
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herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______
day of ______________, 2026.
(Corporate Seal) Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of
the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Page 83 of 180
65277.00001\44866777.1
CA_AGR_260413_PearceC&M_CHWaterMain_Emerge
- 34 -
Exhibit G
Fleet Compliance Certification.
Contractor hereby acknowledges that they have reviewed the California Air Resources
Board’s policies, rules and regulations and are familiar with the requirements of Title 13,
California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the
“Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s)
(“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate
Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed
description of the subject vehicles, and reasoning for exemption has been
attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100
renewable diesel fuel as defined in the Regulation pursuant to section
2449.1(f)(3). Contractor shall keep detailed records describing the normal
refueling methods, their attempts to procure renewable diesel fuel and proof that
shows they were not able to procure renewable diesel (i.e. third party
correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section
2449(i)(4) because this Project has been deemed an Emergency, as defined
under section 2449(c)(18). Contractor shall only operate the exempted vehicles
in the emergency situation and records of the exempted vehicles must be
maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a
detailed reasoning is attached hereto.
Name of Contractor :____________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
Page 84 of 180
Item: 13.A.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Consideration of the Fiscal Year 26/27 South Bay Cities Council of Governments
annual membership dues
Background:
The South Bay Cities Council of Governments (SBCCOG) is a joint powers authority government
agency comprised of 16 cities and Los Angeles County that share the goal of maximizing the quality
of life and productivity of the Los Angeles South Bay subregion. South Bay cities and the county
maintain the qualities and characteristics that make them unique and independent, while coming
together collectively to address issues of common interest for a greater good. Members are motivated
by the collective vision of what the SBCCOG can do for individual communities by working together to
foster cooperation, collaboration and innovation.
The SBCCOG members are Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood,
Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach,
Rolling Hills, Rolling Hills Estates, Torrance, and the Harbor City/San Pedro/Wilmington communities
of the City of Los Angeles, along with the unincorporated areas of the County of Los Angeles District
2 and 4.
Overseen by a board of directors made up of member delegates, the SBCCOG conducts business
through committees and working groups made up of city and county elected officials, city and county
staff, government partners and community members. These groups focus on areas of regional
concern, including but not limited to:
• Conservation of energy and water, along with waste reduction and shared mobility, through the
South Bay Environmental Services Center (SBESC)
• Senior and homeless services through Social Welfare, Equity and Access initiatives
• Transportation, particularly administration of Measure R and Measure M funding
• Land use and climate action planning through Sustainable South Bay initiatives
• Broadband access with the South Bay Fiber Network (SBFN)
• Geographic information systems (GIS) mapping through Technology initiatives and Advocacy
on legislative positions that address these issues.
Page 85 of 180
The SBCCOG mission is to provide a leadership forum for South Bay local governments to act
collaboratively and advocate for regional issues with a focus on improving transportation, the
environment, and strengthening economic development.
As part of their stated Guiding Principles, the SBCCOG shall:
• Promote cooperation among member agencies in the discussion of issues of mutual interest.
• Act collaboratively on programs or activities that can be better accomplished collectively than
by any one jurisdiction.
• Acknowledge each jurisdiction’s independence while advocating for the South Bay with one
voice.
• Support member proposals that further the mission, vision and goals of SBCCOG.
• Identify challenges and opportunities that transcend jurisdictional boundaries.
• Seek solutions to issues of common concern without duplicating or harming other agencies’
efforts.
• Represent the interests of the South Bay with other governing bodies and organizations.
• Seek resources from county, regional, state, and federal agencies that will benefit the South
Bay.
On March 11, 2024, the City Council received a report regarding the SBCCOG's proposed
restructuring of their membership dues calculation formula. At that time, the proposed City of Rolling
Hills' FY24/25 membership dues were $8,091. On a motion by Councilmember Dieringer and
seconded by Mayor Mirsch, the City Council voted to remain as members under the new proposed
dues structure, with Councilmembers Black and Pieper dissenting.
In April 2024, the SBCCOG Board approved a policy stating that each year’s dues from 2024 forward
would include an annual CPI increase based on the previous calendar year, with a cap (maximum
increase limit) of 5%.
At the August 25, 2025 City Council meeting, Councilmember Black requested an item be agendized
in the new year regarding the SBCCOG membership dues.
On February 23, 2026, the City Council received and filed a report on the SBCCOG and directed staff
to prepare an analysis on the value the City receives from participation in SBCCOG as related to the
annual membership fee, communicate what joint programs are required for the City to utilize, and
what the repercussions would be should the City withdraw.
In the event the City Council would like to re-consider its membership, the section of the SBCCOG's
JPA agreement that addresses withdrawal is below.
Section 21. Members.
a. Withdrawal. A member may withdraw from the Council by filing its written notice of withdrawal with
the Chair of the Governing Board 60 days before the actual withdrawal. Such a withdrawal shall be
effective at 12:00 o’clock a.m. on the last day of that 60-day period. The withdrawal of a Member shall
not in any way discharge, impair or modify the voluntarily-assumed obligations of the withdrawn
Member in existence as of the effective date of its withdrawal. Withdrawal of a Member shall not
affect the remaining Members. A withdrawn Member shall not be entitled to the return of any funds or
other assets belonging to the Council, until the effective date of termination of this Fourth Amended
and Restated Agreement, except that a withdrawn Member shall be entitled to the balance of the
Page 86 of 180
annual dues paid for the year by that Member which were intended for the remaining part of that year.
Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the Council.
Discussion:
Value the City receives from SBCCOG participation as related to the annual membership fee:
Staff has updated a brief analysis (Attachment A) depicting topics and areas where the City currently
utilizes the SBCCOG. The analysis also communicates whether an item is mandated legislatively or
is related to areas of concern that the City must comply with for other purposes, and whether it has a
direct or indirect benefit.
Some examples include:
• The Planning Department has received direct support in recent years for housing legislation /
new requirements, including an Accessory Dwelling Unit (ADU) study, Climate Action Planning
(CAP), and assistance with local planning assessments.
• Senate Bill 1383 (SB1383) compliance efforts — CalRecycle, the state agency responsible for
implementing and enforcing SB1383, provided initial Local Assistance Grant funding to support
program startup. The City received $75,000, which has been administered by SBCCOG to
deliver direct compliance support. These efforts have included:
o Two community composting workshops
o An educational video series
o Website content
o Distribution of free compost bins and kitchen pails to residents
o Grant management, administration and reporting
• Additional access to local Transportation Funding — while the City does not have public roads,
it does:
o Receive local return funding via Metro that allows the City to help supplement the
general fund via selling of funds (Prop A), donate to neighboring cities for projects that
can positively impact Rolling Hills / Peninsula residents (Prop C), and potentially allow
for City campus related mobility upgrades (Measure R/M/TDA-3)
o Aside from the above, the SBCCOG, in 2025, implemented a new Local Allocation
Program that would allocate 10% of additional Measure M funds to member cities,
without any local project competition, towards eligible projects. Starting in 2029/30, this
amount for Rolling Hills each year will be approximately $67,733 and would help
supplement current Measure R & M monies the city is saving in a Metro capital fund to
help execute potential campus projects (assuming eligibility).
• Staff participates quarterly in Energy Efficiency meetings and has utilized services and
information to stay abreast of opportunities that may continue helping lower current monthly
energy costs.
• Staff participates in monthly City Manager meetings, bi-monthly City Clerk meetings, as well as
Community Development meetings and other topics / areas as needed.
There are no joint programs that the City is required to utilize. But as stated above, many of the
programs serve some benefit or another for participation or awareness, and additional staff support
from the SBCCOG.
Potential impacts of withdrawing membership would include:
• Lack of access to information, updates, and educational meetings/forums that aid staff in
ensuring the City of Rolling Hills remains in compliance with state law, finding best practices
Page 87 of 180
for administrating city business, or finding cost-saving opportunities via initiatives and
programs where cross-jurisdictional collaboration via the SBCCOG can offset City general fund
obligations
• Loss of access to the Local Allocation Program funding of $67K per year starting in FY 29/30
as this is managed directly via the SBCCOG for member cities
• Loss of access to SBCCOG staff and consultants in specific situations would require the City
to allocate funding when and if necessary.
• A gap in staff capacity, as the City relies on the SBCCOG to supplement limited internal
resources
From a staff perspective, the SBCCOG provides localized programs, forums, and meetings that are
generally included as part of membership. By comparison, participation in events and conferences
offered by the League of California Cities, Southern California Association of Governments, and
California Contract Cities Association may involve additional registration or attendance fees.
Staff recommends continuing membership with the SBCCOG and requests the City Council provide
direction and guidance.
Fiscal Impact:
The City of Rolling Hills FY26-27 SBCCOG membership dues will be $8,625. This reflects an
adjustment of 3.2% based on the average CPI for 2025 per the SBCCOG Board’s approved policy.
Recommendation:
Receive and file. Provide direction to staff.
Attachments:
1. Attachment A - GV_GVO_260323_COG_Services_Estimates
Page 88 of 180
City of Rolling Hills
Cost Estimates for Work Performed by SBCCOG
South Bay City Council of Governments - Sevices provided to RH SBCCOG Funds In-House Consultant
(Estimate)
Opt
Out Legislative Mandate Benefit Comments
SBCCOG maintains the facitlity equipment inventory for City Hall / RHCA and identified ongoing cost-
saving opportunities.Direct
SBCCOG worked on behalf of the City with the Southern California Regional Energy Network
(SoCalREN) to try to get the 2023 HVAC unit installation incentivized post project completion - but
was unsuccessful.
Direct
SBCCOG conducted study on cool roof technologies which included criteria assessment of city
campus buildings.PT Employee $5,292.20* $120,056 -Indirect
While RH does not meet the current requirements to participate, studies
like this are helpful to learn about ways to potentially save costs when
undertaking future roof repairs or replacements and help meet energy
efficiency goals which ultimately lower energy costs.
Dependent on city size Direct
No Direct
SBCCOG submitted a Rivers and Mountains Conservancy (RMC) Grant on behalf of Rolling Hills and
other South Bay cities to develop a South Bay biodiversity plan.PT Employee $5,292.20* $30,000.00 No Direct
SBCCOG monitors Housing issues, transportation, etc.Monitoring is not mandated, but compliance with
housing laws is Direct
SBCCOG monitors legislation and reports on recommendations and lobbies for member cities in
coordination with CalCities as well as other agencies to protect local control.Some legislation is mandated Direct
Metro Deputy to support Board Member.$103,954.00 - - -No, but required to support South Bay Metro Board
member Indirect
South Bay Fiber Network (SBFN) creation, implementation and ongoing support.SBCCOG employee - $5,000 - No Direct
Rolling Hills is part of the SBFN, which vastly improves the City's ability
to host a virtual server and conduct daily operations. SBCCOG monitors
the service levels to ensure ongoing month-to-month savings and it
provides redundancy to critical city infrastructure. Met with staff to
discuss thecurrent status and goals for future fiber / offerings in the city.
Monitors subregional issues to help ensure the sustainability - housing (RHNA), transportation,
homelessness, energy efficiency, water conservation, waste reduction, etc.SBCCOG employee --No Direct
SBCCOG proactively anticipates needs in future years to help secure resources, including funding
and education, that ensure member cities meet future needs.SBCCOG employee --No Direct
SBCCOG works with staff and other agencies in supporting educational events like the recent
collaboration with West Basin Municipal Water District on Transforming Lawns Event which
supports both the ongoing city goals of removing fire prone vegation / home hardening and
reducing water use.
SBCCOG employee /
volunteers --No DIrect
In 2025, SBCCOG implemented a Local Allocation Program (LAP) to allocate 10% of Measure M
funds to cities by a formula comprised of a city's dues to the SBCCOG and their proportion of public
centerline road miles. This funding is dedicated to each city and does not need to be competed for.
Projects must still be Measure M eligible. Funding is allocated each year.
Approx. $67,733
annually starting in
2029/30 available
directly to the City
(non-competitive)
-No Direct
Although Rolling Hills has no public centerline roadmiles, it still receives
LAP funds due to their proportion of SBCCOG dues. The city can choose
to collaborate with other Peninsula cities to implement projects using
their LAP funds or utilize for projects realted to the City Hall campus with
an allowable nexus. The City could choose to request acceleration of
monies prior to 2029, but would require available South Bay funds at
that time.
$30,000.00
General support
SBCCOG wrote the application for SB1383 CalRecycle Funding.
California's overarching greenhouse gas (GHG) reduction
goals (e.g., SB 32, carbon neutrality by 2045) are not
direct, legally binding mandates for cities to adopt
specific Climate Action Plans (CAPs), but they act as state-
level requirements that necessitate local compliance
through land-use planning, building codes, and
transportation policies.
Staff utilizes resources and information shared for potential operational
cost savings or service improvements.
Legislative Lobbying Services
Grant Application/Writing
Information Technology
$30,000.00
In 2021 RH, RPV,RHE and PVE considered a joint professional service
agreement with a consulting firm to monitor legislation as it pertains to
Peninsula cities. Ultimately, RPV was the only agency that decided to
proceed with this action. While CalCities provides similar services at a
statewide level, the SBCCOG focuses on direct impacts to the South Bay
and hosts quarterly meetings with all legislators to discuss and share
PT employee $8,228**
Facility Equipment Inventory/Energy Efficiency
- $5,292.20*
PT Employee &
technical support
from outside
consulting firm at a
cost of $25,000
-
While identifying incentives is not mandated, the state continues to
mandate equipment refrigerants and energy consumption. The SBCCOG's
partnership with the SoCalREN (energy efficiency) goes out 8 years where
a lot can change within that time period. This partnership helps ensure
that cities have access to technical resources and incentives now and in
the future.
-
Transportation
- In addition to completing the applications, the SBCCOG seeks
opportunities to bring funding to South Bay subregion and member cities
PT Employee $5,292.20*
Page 89 of 180
City of Rolling Hills
Cost Estimates for Work Performed by SBCCOG
South Bay City Council of Governments - Sevices provided to RH SBCCOG Funds In-House Consultant
(Estimate)
Opt
Out Legislative Mandate Benefit Comments
Climate Action Plan (CAP) including assessing city progress to 2020 goals 75K-100k - $75,000.00 -
While creating a CAP is voluntary, it is heavily
encouraged and, for many, practically necessary to meet
state-mandated environmental impact (CEQA)
requirements and to align with regional targets. agencies
request demonstration of sustainability actions as
requirements in city planning documents, funding, etc.
Direct
The City's current CAP was created by the SBCCOG. Future iterations will
also rely heavily on data and SBCCOG staff time to update and be then
used in future RH Planning documents.
Planning Assessment $110,000 - - No Direct Helps save RH staff time in preparation
Accessory Dwelling Unit (ADU) study to assess the current use and affordability of ADUs in Rolling
Hills $382,660.00 -
California state mandates for Accessory Dwelling Units
(ADUs) require cities to streamline approvals, approving
permits within 60 days. Key laws mandate minimum size
allowances (up to 850-1000+ sq ft), limit setbacks to 4
feet, permit detached heights of at least 16 feet, and
allow separate condo sales, largely overriding restrictive
local zoning.
Direct
Local ordinances must comply with state standards; the California
Department of Housing and Community Development (HCD) actively
reviews local rules to ensure compliance. The SBCCOG helps RH and
other South Bay Cities Planning Department in a currently ever-changing
world of housing law changes.
Housing education forums - conducted by bench of experts $101,250.00 - - - No Direct
Leadership in Energy and Environmental Design (LEED) certification for city staff $30,000.00 DIrect
Committees and Working Groups - Best practices (City Managers, City Clerks, Community
Development, Climate Action & Adaptation Planning, Energy Managers, Parks & Rec., )PT employee ---No Direct Rolling Hills staff attend regularly
Legend:
SBCCOG Funds: 88% grants, 7% dues, 4% Other GF Revenues, 1% Special
Assessment
In-House: Rolling Hill staff performing work
Consultant: Estimated cost for consultant to perform work (hired by city)
Opt Out: Cost if City does not perform the work
Legislative Mandate: Various legislation City is required to complete
Direct/Indirect: Work that directly/indirectly impacts RH
* City Clerk hourly rate (fully burdened) $66.19 at 80 hours a month
**Planning Director hourly rate $103.53 (fully burdened) at 80 hours a month
Examples of the COG facilitating learning/training and growth
opportunities for City Staff.
$75,000-
$100,000
Training / Education for Staff
Planning
Page 90 of 180
Item: 13.B.
Meeting Date: 4/13/2026
To: City Council
From: Karina Bañales, City Manager
Thru: Karina Bañales, City Manager
Subject: Discussion and Direction on Structure Height Standards for Williamsburg Lane
Background:
At the March 9 City Council meeting, Mayor Pro Tem Black requested that staff agendize a
discussion regarding structure height limits, specifically as they relate to Williamsburg Lane in the
City.
On June 23, 2025 (First reading), the City Council approved amendments to the City’s development
standards establishing a maximum building height of 21 feet for residential structures and 23 feet for
barns (Attachment A). These standards were intended to promote consistency, preserve the City’s
rural character, and maintain compatibility among properties. The adopted standards were
subsequently codified through the Municipal Code in August 2025.
Discussion:
In response to City Council direction, staff has prepared this item to facilitate a policy discussion on
whether the current, citywide height standards remain appropriate for Williamsburg Lane or if
modifications should be considered.
The Rolling Hills Community Association (RHCA) has submitted two documents for consideration:
building regulations specific to Williamsburg Lane (Attachment B) and a 2025 design study of existing
residences (Attachment C). The RHCA Building Regulations outline architectural and development
standards intended to maintain a consistent Colonial-style aesthetic, including requirements related to
symmetry, roof pitch, materials, and overall design compatibility. The regulations also include
provisions related to building massing, such as limitations on plate heights, restrictions on creating a
two-story appearance, and other design elements intended to preserve the neighborhood’s character.
The RHCA Williamsburg Design Study (2025) provides an analysis of existing homes along
Williamsburg Lane, including data on residence size, roof pitch, ridge heights, and plate height
distribution. The study illustrates that while many homes generally align with established guidelines,
there is variation in building heights and massing, including some instances where structures exceed
typical expectations. This information provides context for understanding how existing development
compares to both RHCA guidelines and the City’s recently adopted height limits.
Page 91 of 180
In considering this matter, the City Council may wish to evaluate several factors, including
neighborhood compatibility, preservation of views, maintenance of the City’s rural character, and the
benefits of maintaining consistent development standards across all neighborhoods. Additionally, the
Council may consider the administrative and policy implications of introducing area-specific
regulations.
At this time, staff is seeking direction from the City Council on how to proceed. Options for
consideration include maintaining the existing height limits as currently codified, directing staff to
explore amendments specific to the Williamsburg Lane area, or requesting additional analysis prior to
making a determination. Should the City Council consider amending the language, staff will return the
proposed ordinance language to the Planning Commission for review and approval first, then bring it
back to the City Council for approval. This is in accordance with the Rolling Hills Municipal Code
17.50.020 Initiation and application and 17.50.030 Proceedings - Planning Commission. Any
amendments will require public notice and must be considered through both a first and second
reading before adoption.
Fiscal Impact:
None.
Recommendation:
Receive and file. Provide direction to staff.
Attachments:
1. Attachment A - CL_AGN_250623_CC_Item11A
2. Attachment B - RHCA Building Regulations - Williamsburg Lane
3. Attachment C - RHCA Williamsburg Design Study
Page 92 of 180
Agenda Item No.: 11.A
Mtg. Date: 05/28/2025
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:KARINA BAÑALES, CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT: CONSIDERATION OF ORDINANCE 386 AMENDING CHAPTER 17.16
OF THE MUNICIPAL CODE REGARDING THE HEIGHT LIMITS OF
SINGLE-FAMILY RESIDENTIAL HOMES, STABLES AND BARNS; AND
FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE
DATE:May 28, 2025
BACKGROUND:
Over the past several months, the Planning Commission has been reviewing the City’s
regulations related to building height limitations for residential structures, barns, and stables.
The intent of this review was to clarify standards and ensure consistency with the City’s rural
character and development goals.
On October 15, 2024, the Planning Commission directed staff to prepare a report on the City's
regulations related to building height limitations. At that time, the Rolling Hills Municipal Code
(RHMC) did not specify numeric height limits for these structures. However, the RHMC did
state that “a building or structure shall have no more than one story, meaning that there shall
be no story on top of another” (Attachment 3). The staff report from this meeting is included as
Attachment 9.
At its March 18, 2025 meeting, the Planning Commission reviewed staff’s report on existing
development patterns and relevant RHMC provisions. Following discussion, the Commission
directed staff to prepare a code amendment establishing maximum ridge heights of 18 feet for
single-family residences and 20 feet for barns and stables. The staff report from this meeting
is included as Attachment 10.
On April 15, 2025, the Planning Commission reviewed and approved the draft ordinance
(Attachment 1) and voted 4-0 (with Commissioner Kirkpatrick absent) to adopt Resolution No.
2025-04 (Attachment 2), recommending that the City Council adopt an ordinance amending
Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code to codify these height limits. The
staff report from this meeting is included as Attachment 11.
26172
Page 93 of 180
This evening, staff is requesting City Council consideration of Ordinance No. 386 (Attachment
1), which proposes clear regulations regarding maximum allowable structure heights. This
ordinance is intended to preserve the scenic beauty, natural landscape, and residential
character of the community. As the City continues to grow, the proposed height limits would
help ensure that new development remains consistent with the community’s established
aesthetic values and overall harmony.
DISCUSSION:
In recent years, there has been a trend toward increased structure heights and overall
massing. At both the October 15, 2024 and March 18, 2025 Planning Commission meetings,
staff presented relevant sections of the Rolling Hills Municipal Code (RHMC) addressing
height regulations. This allowed the Commissioners to consider these provisions and develop
a recommendation for City Council review. To further support the Commission’s efforts, staff
conducted research on building heights within the City. The data, compiled from approved
plans between 2017 and 2024, includes both residences and stables. Heights ranged from 11
to 25 feet, with some newer structures exceeding 25 feet (Attachment 4). Notably, in 2023 and
2024, there has been a trend toward taller stables, many of which fall within the 20 to 25-foot
range.
The following sections from the RHMC were reviewed and considered as part of this effort:
Basements - RHMC Chapter 17.12 – Definitions
Basements are located below ground and are often not visible. Homes may include multiple
basement levels. Basement walls—except those within light wells—may not exceed 5 feet in
height and must maintain an average height of no more than 2.5 feet at any point immediately
adjacent to the exterior of the basement (Attachment 5).
Stables & Lofts
Stables are considered a valuable asset to each property and contribute significantly to the
City’s rural, equestrian character. Based on staff research, the RHMC does not establish a
specific height limit for stables. Over the past five years, stables have been trending taller.
While the average height of buildings in Rolling Hills is approximately 17 feet, the tallest stable
recorded was 25 feet. Many stables also include lofts, as defined in RHMC Section 17.18.060.
These lofts, which may resemble second stories, must have a plate height that does not
exceed 7 feet. They are intended for hay and equipment storage or use as a tack room and
may not contain sleeping quarters (Attachment 6).
Aviaries (Bird Homes)
Aviaries larger than 200 square feet may not have a roof peak height that exceeds 16 feet
(Attachment 7).
Storage Areas
RHMC Section 17.12.190 defines a storage area as "a space within a building or structure,
including attics, used for storing items." Storage areas may be located above or below a story
but are not intended to be livable spaces. As such, they cannot include exterior doors, window
openings, heating, or air conditioning. The height of a storage area may not exceed 6 feet at
any point. Attics may have ceilings that follow the angle of the roofline, which can exceed 6
feet at the peak; however, staff reviews plans to ensure that staircases are not shown leading
27173
Page 94 of 180
to attic storage areas (Attachment 5).
Accessory Dwelling Units (ADUs) – RHMC Chapter 17.28.050
For detached ADUs on lots with an existing or proposed single-family or multifamily dwelling,
the maximum height is limited to 16 feet. This height is measured from the existing legal grade
or the level of the lowest floor—whichever is lower—to the structure’s peak. If the ADU is
attached to the primary dwelling, it may not exceed 25 feet in height or the height limitation
imposed by the underlying zone, whichever is lower (Attachment 8).
Based on the information presented, the Planning Commission discussed building heights for
residential structures, barns, and stables. At the conclusion of these discussions, the
Commissioners agreed that a maximum residential building height of 18 feet was reasonable.
For barns and stables, the Commissioners shared the heights of stables on their own
properties and used a practical approach to estimate the necessary height to accommodate
stall areas and tack room or loft space. This resulted in a consensus that a 20-foot height was
appropriate for barns and stables.
Below is language that the City Council is considering this evening:
Municipal Ordinance No. 386
The amendment to the Rolling Hills Municipal Zoning Code Chapter 17.16, Sections 17.16.060
& 17.16.080 are as follows:
Section 17.16.060 (Lot area and dimensions) of Title 17 of the Rolling Hills Municipal Code is
hereby amended, with additions in underline and deletions in strikethrough, as follows:
Development Standard Zone District
RA-S-1 & RA-S-2
4. Height Limited
One story, no greater than 18’ (mezzanines
and lofts are not permitted) except for stables
and barns which shall be no greater than 20’
Section 17.16.080 (Height limitation) of Title 17 of the Rolling Hills Municipal Code is hereby
amended, with additions in underline and deletions in strikethrough, as follows:
17.16.080 - Height limitation.
A. General Limitation. A building or structure shall have no more than one story, meaning
that there shall be no story on top of another, except as specified in subsection (B)
below. The maximum height permitted from finished floor to the peak of the structure
shall be no greater than eighteen (18) feet except that the maximum height permitted for
stables and barns shall be no greater than twenty (20) feet measured from the finished
floor to the highest peak of the structure, exclusive of accessory architectural features as
determined by the City. The maximum height permitted from finished floor of any
structure to finished grade is five feet. The difference between the finished grade and the
finished floor level across any elevation shall average no more than two and one-half
feet, with maximum difference of five feet.
B. Exceptions:
1. A one-story primary residence is permitted over a basement. For the purpose of
this section primary residence includes a garage attached to the main residence by
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a solid wall.
2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title.
3. A storage area, as defined in Section 17.12.190 "S" may be located above or
below a story.
Notice of Public Hearing
This item was publicly noticed in the Daily Breeze on May 1, 2025 (Attachment 11).
Public Comment
As of the date of this report, no public comments have been received.
FISCAL IMPACT:
None.
RECOMMENDATION:
Open the public hearing, receive public testimony, close the public hearing, and by motion:
Find that the adoption of the proposed ordinance is statutorily exempt from review under the
California Environmental Quality Act (“CEQA”) under Public Resources Code section
21080.17; and introduce for first reading by title only Ordinance No. 386 regarding the height
limits of single-family residential homes, stables and barns.
ATTACHMENTS:
Attachment 01 - 386_HeightLimit_Ordinance_D.pdf
Attachment 02 - 2025-04_PC_Resolution_ResidentialHeightLimit_F_E.pdf
Attachment 03 - PL_SUB_BH_BuildingHeightsReport_Chart.pdf
Attachment 04 - PL_SUB_BH_STAFF REPORT OF HEIGHTS.pdf
Attachment 05 - PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions_Basements.pdf
Attachment 06 - PL_SUB_BH_RHMC_Section_17.18.060_Stable.pdf
Attachment 07 - PL_SUB_BH_RHMC_Section_17.18.070_Aviaries.pdf
Attachment 08 -
PL_SUB_BH_RHMC_Chapter17.28_Section17.28.050_GeneralADUandJADURequirements.pdf
Attachment 09 - CL_AGN_241015_PC_Item12A_SR.pdf
Attachment 10 - CL_AGN_250318_PC_Item12A_SR.pdf
Attachment 11 - CL_AGN_250415_PC_Item10C_SR.pdf
Attachment 12 - CL_PBN_250528_CC_HeightLimitOrdinance_Affidavit.pdf
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ORDINANCE NO. 386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING CHAPTER 17.16 OF TITLE 17 OF
THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE
RESIDENTIAL HEIGHT LIMIT, AND FINDING THE ORDINANCE
TO BE CATEGORICALLY EXEMPT FROM CEQA.
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized
under the California Constitution and laws of the State of California; and
WHEREAS, the City is a semi-rural hillside community, characterized by predominantly single-
story California ranch-style homes, large parcels with open space, and an abundance of
equestrian facilities; and
WHEREAS, one of the unique features of the City is the uniformity of homes throughout the
years, which are typically limited to one story in height; and
WHEREAS, in recent years, many homes have been constructed to maximize the building area
on the lot, including increased height and a greater amount of grading to prepare many of the
steeper properties for a structure; and
WHEREAS, these trends have significantly altered the community’s character and affect
surrounding properties, creating a high level of concern among residents related to development
and design compatibility issues; and
WHEREAS, the City Council desires to preserve and enhance the community’s character,
particularly as it relates to residential building height; and
WHEREAS, pursuant to the authority granted to the City by Article XI, Section 7 of the California
Constitution, the City has the police power to regulate the use of land and property within the
City in a manner designed to promote public convenience and general prosperity, as well as
public health, safety, and welfare; and
WHEREAS, the City Council desires to amend the Rolling Hills Municipal Code to impose height
limits on residential developments in the City; and
WHEREAS, on April 15, 2025, the Planning Commission conducted a duly noticed public
hearing to consider the Ordinance, wherein it considered the staff report, supporting documents,
public testimony, and all appropriate information submitted with the Ordinance; and
WHEREAS, on May 28, 2025, the City Council conducted a duly noticed public hearing to
consider the Ordinance, wherein it considered the staff report and supporting documents,
Planning Commission’s recommendation, public testimony, and all appropriate information
submitted with the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
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2
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE,
AND ORDER AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals above are incorporated by reference
and adopted as findings by the City Council.
Section 2. CEQA. The City Council finds that this Ordinance is determined to be
categorically exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines,
which applies to projects where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. The proposed Ordinance
does not involve physical changes to the environment but rather regulates the height of
residential developments. Since it does not result in any direct or indirect physical changes to
the environment, there is no possibility that it could have a significant environmental impact.
Section 3. General Plan. The City Council finds that this Ordinance is consistent with the
goals and policies of the Rolling Hills General Plan. The proposed Ordinance is consistent with
Housing Element Goal 2 “Maintain and enhance the quality of residential neighborhoods in
Rolling Hills,” in support of the following policies:
Policy 2.1: Encourage and assist in the maintenance and improvement of existing
homes to maintain optimum standards of housing quality and design.
Policy 2.3: Require compatible design to minimize the impact of residential
redevelopment on existing residences.
By imposing a height limit on residential development in the City, this Ordinance will ensure
future development is compatible with the surrounding neighborhood and environment.
Section 4. The Development Standard table in Section 17.16.060 of Title 17 of the
Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in
strikethrough, as follows:
Development Standard Zone District
RA-S-1 RA-S-2
4. Height Limitation One story, no greater than 18’ (mezzanines and lofts
are not permitted) except for stables and barns which
shall be no greater than 20’
Section 5. Section 17.16.080 of Title 17 of the Rolling Hills Municipal Code is hereby
amended, with additions in underline and deletions in strikethrough, as follows:
17.16.080 - Height limitation.
A. General Limitation. A building or structure shall have no more than one story,
meaning that there shall be no story on top of another, except as specified in
subsection (B) below.
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3
The maximum height permitted from finished floor to the highest peak of the
structure shall be no greater than eighteen (18) feet except that the maximum
height permitted for stables and barns shall be no greater than twenty (20) feet
measured from the finished floor to the highest peak of the structure, exclusive of
accessory architectural features as determined by the City. The maximum height
permitted from finished floor of any structure to finished grade is five feet. The
difference between the finished grade and the finished floor level across any
elevation shall average no more than two and one-half feet, with maximum
difference of five feet.
B. Exceptions:
1. A one-story primary residence is permitted over a basement. For the
purpose of this section primary residence includes a garage attached
to the main residence by a solid wall.
2. Stables may have a loft, subject to the requirements of Chapter 17.18
of this title.
3. A storage area, as defined in Section 17.12.190 "S" may be located
above or below a story.
Section 6. The City Council’s actions are made upon review of the Planning
Commission’s recommendation, the Staff Report, all oral and written comments, and the
documentary evidence presented on the Ordinance..
Section 7. Effective Date. This Ordinance takes effect 30 days following its adoption.
Section 8. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid, such invalidity has no effect on the other provisions
or application of the Ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this Ordinance are severable. The City Council
declares that it would have adopted this Ordinance irrespective of the invalidity of any portion
thereof.
Section 10. Custodian of Records: The documents and materials associated with this
Resolution that constitute the record of proceedings on which these findings are based are
located at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California 90274. The
Director of Planning and Community Services is the custodian of records for the record of
proceedings.
PASSED, APPROVED AND ADOPTED THIS __th DAY OF ________ 2025.
JEFF PIEPER, MAYOR
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4
ATTEST:
____________________________________
CHRISTIAN HORVATH, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on
this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling
Hills Municipal Code and Civil Procedure Section 1094.6.
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Building Heights Report
RESOLUTION ADDRESS ROOF HEIGHT STRUCTURE TYPE
2023-15 8 Quail Ridge Road N 25' Stable (Plus 7' Cupola)
2024-09 1 Morgan Lane 24' 8" Stable
2023-02 9 Portuguese Bend Road 21' 5" Stable
2024-03 4 Spur Lane 21' Home
2023-06 20 Upper Blackwater Canyon 21' Home
2018-01 20 Upper Blackwater Canyon 20' Stable
2021-05 15 Upper Blackwater Canyon Road 20' Stable
2017-10 5 Pine Tree Lane 20' Home
2024-14 2 Possum Ridge 19' 6" Stable
2024-05 2 Possum Ridge 18' 9" Home
2019-10 1 Poppy Trail Lane 18' 8 1/4" Home
2023-16 11 Flying Mane 18' 1 1/2" Home
2023-13 19 Portuguese Bend Road 18' Home
2023-04 17 Crest Road East 17' 6" Home
2019-13 8 Middleridge Lane south 17' 4" Home
2022-14 2 Flying Mane Road 16' 9 5/8" Home
2021-02 3 Open Brand Road 16' 8" Home
2018-16 26 Middleridge Lane South 16' 2" Home
2018-03 11 Saddleback Road 16' Stable (Plus 5' Cupola)
2023-11 4 Poppy Trail Lane 15' 5" Home
Going to PC 2 Quail Ridge Road South 14' 11 1/2" Home
2022-17 21 Chuckwagon Road 14' 11" Pool House
2024-06 23 Crest Road East 14' 6" Home
2017-10 5 Pine Tree Lane 14' Stable (Plus 5' Cupola)
2025-02 1 Pinto Road 13' 7 3/16" Garage
2024-02 29 Crest Road West 13'6" Stable
2024-05 29 Eastfield Drive 13'3" Home
2023-11 4 Poppy Trail Lane 13' 11" ADU
2023-14 7 Pine Tree Lane 13' 2" House
2017-20 16 Pine Tree Lane 12' 11 1/2" House
2021-09 23 Chuckwagon 12' 3" ADU
2019-10 1 Poppy Trail Lane 12' 1/4' Stable
2023-03 74 Portuguese Bend Road 11' Stable
Average 17
High 25
Low 11
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Building Heights Report
RESOLUTION ADDRESS ROOF HEIGHT STRUCTURE TYPE
2023-15 8 Quail Ridge Road N 25' Stable (Plus 7' Cupola)
2024-09 1 Morgan Lane 24' 8" Stable
2023-02 9 Portuguese Bend Road 21' 5" Stable
2024-03 4 Spur Lane 21' Home
2023-06 20 Upper Blackwater Canyon 21' Home
2018-01 20 Upper Blackwater Canyon 20' Stable
2021-05 15 Upper Blackwater Canyon Road 20' Stable
2017-10 5 Pine Tree Lane 20' Home
2024-14 2 Possum Ridge 19' 6" Stable
2024-05 2 Possum Ridge 18' 9" Home
2019-10 1 Poppy Trail Lane 18' 8 1/4" Home
2023-16 11 Flying Mane 18' 1 1/2" Home
2023-13 19 Portuguese Bend Road 18' Home
2023-04 17 Crest Road East 17' 6" Home
2019-13 8 Middleridge Lane south 17' 4" Home
2022-14 2 Flying Mane Road 16' 9 5/8" Home
2021-02 3 Open Brand Road 16' 8" Home
2018-16 26 Middleridge Lane South 16' 2" Home
2018-03 11 Saddleback Road 16' Stable (Plus 5' Cupola)
2023-11 4 Poppy Trail Lane 15' 5" Home
Going to PC 2 Quail Ridge Road South 14' 11 1/2" Home
2022-17 21 Chuckwagon Road 14' 11" Pool House
2024-06 23 Crest Road East 14' 6" Home
2017-10 5 Pine Tree Lane 14' Stable (Plus 5' Cupola)
2025-02 1 Pinto Road 13' 7 3/16" Garage
2024-02 29 Crest Road West 13'6" Stable
2024-05 29 Eastfield Drive 13'3" Home
2023-11 4 Poppy Trail Lane 13' 11" ADU
2023-14 7 Pine Tree Lane 13' 2" House
2017-20 16 Pine Tree Lane 12' 11 1/2" House
2021-09 23 Chuckwagon 12' 3" ADU
2019-10 1 Poppy Trail Lane 12' 1/4' Stable
2023-03 74 Portuguese Bend Road 11' Stable
Average 17
High 25
Low 11
City of Rolling Hills
Building Heights Report
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(Supp. No. 28)
Page 1 of 2
DEFINITIONS
17.12.020 "B" words, terms and phrases.
Barn. See "stable."
"Basement" means any floor level below the first story of the primary residence, except
that a floor level in a building having only one floor level shall be classified as a basement unless
such floor level qualifies as a first story as defined herein. Except for walls within light wells,
basement walls across any elevation may not exceed a height of five feet above finished grade
at any point immediately adjacent to the basement exterior, and shall have no greater than an
average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles
County Building Code requirements. Basement well(s) shall be incorporated into the overall
design of the building so that it does not give an appearance of a separate story.
"Building" means any structure having a roof supported by columns or walls and intended
for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or
materials of any kind or nature.
17.12.030 ‐ "C" words, terms and phrases.
Cellar. See "basement."
17.12.120 "L" words, terms and phrases.
"Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles,
other horse equipment and similar equestrian or agricultural related items, or tack room uses,
but excludes sleeping quarters.
17.12.160 ‐ "P" words, terms and phrases.
"Plate height" means the height of a building measured from the finished floor level to the
top of the wall.
17.12.190 "S" words, terms and phrases.
"Stable" means the same as "barn" and is a building or a portion of a building designed and
constructed to shelter permitted domestic animals and store farm implements, hay, grain,
equestrian and horticultural related items and equipment. Stable may include agricultural
space, loft and tack room space. Stable shall not be a place for human habitation, except for
uses specifically permitted in the tack room; it may not be rented out or be used for human
sleeping or commercial purposes.
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(Supp. No. 28)
Page 2 of 2
"Storage area" means space within a building or structure, including attics, used for storing
of items. It includes spaces located below or above a story and may not exceed six feet in height
at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline,
which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall
not have doors to the exterior, window openings, heating or air conditioning.
"Storage room, free standing," shall mean an accessory structure used exclusively for
storage of household, equestrian, garden and similar items.
"Story" means that portion of a building included between the upper surface of any floor
and the ceiling or roof above it. There shall be no story on top of another, except as permitted
in Section 17.16.080(B) of this title.
"Structure" means a combination of materials assembled in a form for use, occupancy or
ornamentation whether installed on, above or below the surface of land or water and requiring
a fixed location or attached to something having a fixed location. Structure shall also include,
but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere,
latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden
walls, decks, and subterranean structures other than basements.
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(Supp. No. 29, Update 1)
Page 1 of 3
17.18.060 Requirements for stables requiring conditional use permit.
All stables over two hundred square feet shall meet the following requirements:
A. General requirements and uses:
1. The building occupied by a stable shall be designed for rural and agricultural purpose only.
2. Stable structure shall not be permitted in the front yard, and shall be located no less than
twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side
property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement
line and from the rear property line.
3. Minimum of sixty percent of the entire structure shall be maintained for agricultural space as
defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5).
4. Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure
may be maintained as tack room space as defined in Chapter 17.12 of this title, except as
specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure.
5. Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior
to the effective date of the ordinance from which this chapter derives (August 12, 2010), which
has a loft area that is maintained as a tack room and the loft area comprises more than forty
percent of the size of the first floor may continue to be maintained provided that the area of the
loft used as a tack room does not exceed eight hundred square feet, that no other tack room
exists on the property and the remaining of the structure and its uses are in compliance with the
remaining sections of this chapter.
6. When calculating the size of the stable, the entire footprint including the loft area shall be
included, as measured from the exterior of the walls.
7. If there is more than one stable building on a lot, the tack room space shall be calculated as a
percentage of the entire square footage of the structures and such tack room space may only be
located in one of the structures; notwithstanding the above, it may not exceed eight hundred
square feet.
8. Covered porch shall not be included in the size of the stable for the purpose of calculating the
agricultural and tack room space of the stable.
9. Stables shall not be used as sleeping quarters for humans.
10. Stables shall be used for the exclusive purpose of keeping permitted domestic animals and
related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not
be permitted.
B. Exterior appearance of stables and areas immediately adjacent thereto:
1. Whether or not the stable is used for keeping permitted domestic animals, the exterior of the
stable structure shall continue to appear as a stable.
2. Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened
surface but may not be paved. It shall remain such or may be covered with grass or other low growing
ground cover during the time when the agricultural space is not used for keeping of horses or other
animals.
3. A porous surface (not paved) may be provided by the access to the tack room space of the stable.
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Page 2 of 3
4. The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or
sand surface. It shall remain such or be planted with grass or other low growing ground cover
during the time when the stable structure is not used for keeping of horses or other animals.
C. Tack Room Space.
1. Tack room shall only be used for activities that impact the senses in a manner similar or less than
that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or
that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons
of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any
neighboring property are prohibited. Such permitted activities shall be deemed to be "passive
activities" for the purpose of this chapter.
2. Tack room shall not be used as sleeping quarters for humans.
3. Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if
any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square
feet.
4. Tack room may contain furniture, excluding beds.
5. Tack room may have finished floors, walls and ceiling.
6. Tack room may have glazed (glass) window openings.
7. Tack room may have standard size doors.
8. Tack room may have amenities such as air conditioning, heating, electrical and phone outlets.
9. Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet.
10. Building and Safety Department review and building permits shall be required for all
modifications.
11. All modifications and retrofitting of the tack room space shall be made in such a manner so that it
could be convertible to a tack room, at such time as the structure is to be used for keeping of
animals.
12. Tack room may be detached from the main stable structure, however it shall meet all the
requirements for a tack room as specified in this section.
D. Agricultural Space Within the Stable.
1. Agricultural space shall be no less than sixty percent of the size of the stable including the size of
the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but
not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and
utilities storage area and other equestrian and agricultural spaces. The agricultural space may be
used for storage of vehicles and general household items, but shall have a stable like appearance.
2. Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet
high.
3. The exterior doors shall provide the appearance of a stable door.
4. Roll up or overhead doors are prohibited.
5. Ventilation and drainage facilities shall be subject to building code requirements.
6. Safety electrical outlets with covers may be installed, however they shall be located out of
horses' reach when the space is used for keeping of horses.
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(Supp. No. 29, Update 1)
Page 3 of 3
7. Glazed (glass) window openings may be permitted during a time when the stable is not used for
keeping of animals, but shall be removable for easy conversion to animal keeping uses.
E. Loft Space within a Stable.
1. Loft may be permitted above a stable structure.
2. Loft may be used and counted as part of the agricultural space or as a tack room space, provided
it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)).
3. Loft may not be used as a tack room, if another tack room exists within the stable structure or
elsewhere on the property.
4. Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay,
feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or
working area or as a tack room, then removable glazed openings may be allowed.
5. The plate height for the wall of the loft shall be no greater than seven feet.
6. If a loft is constructed in such a way that access is provided from the exterior, the area
immediately adjacent to the exterior of the loft shall not be paved, but may have a porous
surface.
7. The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles,
except for vehicles delivering agricultural goods and equipment.
(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C,
D, 1-14-2013)
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Page 1 of 1
17.18.070 Requirements for aviaries requiring conditional use permit.
All aviaries over two hundred square feet shall meet the following requirements:
1. Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements.
2. The roof shall not exceed a peak height of sixteen feet.
3. Shall not be located on a portion of the lot where the slope is greater than 4:1.
4. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than
twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side
property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.
5. Shall be located a minimum of thirty-five feet from any residential structure including attached garage
or a guest house, located on the same lot, and a minimum of one hundred feet from a residential
structure, including attached garage or a guest house located on adjoining lots.
6. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the
State of California. Commercial uses shall not be permitted.
7. Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for
purposes of Chapter 17.16.
8. May be permitted in addition to the construction of a stable and shall not be counted towards the size
of the stable for purposes of this chapter.
(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015)
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Page 1 of 1
17.28.050 General ADU and JADU requirements.
B. Height.
1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot
with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in
height.
2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or
proposed single family or multifamily dwelling unit that is located within one-half mile walking distance
of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of
the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of
twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of
the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than
one story above grade may not exceed eighteen feet in height.
4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the
height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is
lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two
stories.
5. For purposes of this subsection (B), height is measured from existing legal grade or the level of the
lowest floor, whichever is lower, to the peak of the structure.
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RHCA BUILDING REGULATIONS – WILLIAMSBURG LANE
b. There shall be no Williamsburg or Colonial style homes, except on
Williamsburg Lane. Additions to existing residences on
Williamsburg Lane must conform to designs on that street. Such
houses:
i. Are Colonial dwellings, white in color with clapboard siding,
have white, earth tone, or Association approved trim.
ii. Are generally symmetrical in design with evenly balanced
windows around a single front door.
iii. Have steeply pitched roofs with narrow rake overhangs and
boxed in eaves.
iv. Have true divided lite windows.
c. Design must be of a type or kind as will, in the opinion of the
Architectural Committee, be appropriate to its site, harmonize
with the surrounding environment, and maintain the quality of the
neighborhood.
d. The design must be viewed as reasonably good of its kind.
e. Any improvement, whether proposed to be temporary, portable, or
permanent, shall meet the standards set forth for permanent
structures.
f. Plans for new residences shall provide a minimum living space of
1300 square feet of fioor space, exclusive of garages, porches, and
terraces.
g. Each residence shall have a fully enclosed garage with a minimum
capacity for two cars. Garages may not exceed 25% of the footprint
of the living area and must be proportionate to the residence.
Porte cocheres do not fulflll the two car requirement. Carports are
not permitted. Guest houses require additional garage space in
the above-referenced garage, attached to the main dwelling.
Residences over 4500 square feet, excluding basement area, are
required to have a fully enclosed garage with a minimum capacity
for three cars.
h. The construction or erection of an accessory building, swimming
pool, or tennis court may not precede construction of the
residential building.
i. Building designs which create a two -story appearance are not
allowed.
j. Basement walls, foundations, or retaining walls must be of a
height and design which harmonizes with the proposed residence
or addition.
k. There shall be no habitable space under any accessory building.
Page 116 of 180
l. The maximum height permitted from flnished fioor level of
residence to flnished grade is 5’. The difference between the
flnished grade and flnished fioor level across one elevation should
average no more than 2-1/2’ with maximum difference of 5’.
m. To help maintain the low rambling nature of ranch architecture,
plate heights are limited and strictly enforced. While the
recommended plate height for a residence is 8’6”, taller plates are
allowed on a case by case basis if harmonious with the design and
massing of the overall residence.
i. Plate heights are measured from the flnished fioor level to
the top of the wall. If a porch is present, the plate height is
measured from the flnish fioor to the top of the beam. (See
Appendix L “Illustrations of Plate Height”)
ii. The following percentages are the allowable limits for plate
heights above 8’6”: (Percentages of plate height are
calculated by the linear footage of the perimeter.)
1) Minimum of 50% of the residence must have plate
heights of 8’6” or lower,
2) Up to 30% of the residence may have a plate height up to
9’6, **
3) Only 20% of the residence may have a plate height up to
10’6. **
** Maximum plate heights may be limited and are
considered on a case by case basis to assure the
massing of the overall residence is good of its kind.
iii. RHCA approvals shall be on a case by case basis and one or
more of the above may be modifled by the Architectural
Committee with the intent of promoting reasonably good of
its kind.
n. All residences must have an enclosed service yard, not less than
8’ x 12’, or an approved shape, not less than 96 square feet, which
shall be enclosed by a fence or wall at least 6’ high. Such yards are
to be inconspicuous to neighbors and streets and located so as to
be convenient for trash storage and collection.
Page 117 of 180
Williamsburg Lane Residence Study
2025
Ridge Height
Address Residence Size
(including garage)Main Pitch Other Max Height Front Rear Recent
Remodel 8'6"9'6"10'6"OVER
1 Williamsburg 5,062 11:12 4:12 20' 0 0 1986 29%55%16%
2 Williamsburg 3,630 12:12 4:12 21'0 0 1986 81%19%
3 Williamsburg 4,383 10:12 4:12 18'6"2 1 1982 72%28% (8'9")
4 Williamsburg 4,617 7:12 23'6"0 0 2004 63%37% (9'9")
5 Williamsburg 4,997 12:12 4:12 29'4 0 1989 4%79%17% (11')
6 Williamsburg 3,377 8:12 3 or 4:12?21'0 0 1996 100%
7 Williamsburg 4,653 11:12 ? 20' 0 0 1987 92%8%
8 Williamsburg 4,739 9:12 7:12 18'0 0 1981 94%6%
9 Williamsburg 4,327 8:12 4:12 20'4 6 2022 100%
10 Williamsburg 3,173 8:12 19'0 0 2020 57%30%13%
12 Williamsburg 5,655 10:12 23'6"0 0 1999 52%48%
14 Williamsburg 3,701 8:12 17'6"0 0 2002 100%
16 Williamsburg 3,175 12:12 4:12 25' 0 5 2022 42%55%3%
Plate heights comply w/ regulations
Plate heights do not comply
Roof Pitch Dormers Plate Heights
2025-03-07
Page 118 of 180
Item: 14.A.
Meeting Date: 4/13/2026
To: City Council
From: Karina Bañales, City Manager
Thru: Karina Bañales, City Manager
Subject: Consideration of Establishing a Civic Engagement Series and Providing Direction for
a 2026 Program
Background:
At the January 26, 2026 City Council meeting (Attachment A), staff presented a discussion item for
Council consideration regarding the development of a civic engagement program for Rolling Hills.
Many cities offer citizen academies or similar programs designed to educate residents about
municipal operations, services, and governance. These programs promote transparency, enhance
civic understanding, and encourage community participation.
Rolling Hills has a long-standing tradition of informed and engaged residents who play an active role
in the community. Resident involvement takes many forms; to name a few, this includes participation
in the City Council, Planning Commission, Traffic Commission, Caballeros Club, Courts Club,
Women’s Club, Block Captain Program, and the Rolling Hills Community Association Board of
Directors. To further strengthen this partnership, staff proposes creating the Rolling Hills Civic
Engagement Series, modeled after traditional citizen academies but specifically tailored to the City’s
unique organizational structure and local priorities.
The proposed program will provide residents with the opportunity to connect directly with City staff,
partner agencies, and the Rolling Hills Community Association (RHCA), fostering a collaborative and
engaging learning environment.
Discussion:
The Rolling Hills Civic Engagement Series is designed as an informal, educational program that
brings residents together for workshops focused on how local government operates. The program
aims to promote transparency, build civic knowledge, and encourage thoughtful community
participation.
Program Objectives
• Enhance resident understanding of City operations and governance
• Foster transparency in decision-making and financial management
Page 119 of 180
• Strengthen collaboration between the City, RHCA, and residents
• Promote community preparedness and public safety awareness
• Encourage future civic participation (e.g., commissions, committees, volunteer roles)
Proposed Curriculum
The program will consist of three themed workshops, each focused on a core area of City operations:
1. Planning & Development in Rolling Hills
• Overview of permits and entitlement processes
• Roles and responsibilities of the Planning Commission
• Building & Safety services and requirements
• Unique planning considerations within Rolling Hills
• Participation from RHCA to provide context on community standards
2. Transparency & Governance
• Role of the City Clerk, including public records and meeting procedures
• Overview of public meeting laws and opportunities for resident participation
• Budget and finance fundamentals, including how City resources are allocated
• Understanding City Council decision-making processes
3. Public Safety & Emergency Preparedness
• Overview of the City’s contract with the Los Angeles County Sheriff’s Department
• Policing services and community safety initiatives
• Optional visit to the local Sheriff’s station
• Coordination with RHCA on safety protocols
• Roles and responsibilities of the Traffic Commission (often consider projects that go before the
Planning Commission)
• Fire safety and response service
• Wildfire preparedness and risk mitigation
• Introduction to the Block Captain Program
• Resident preparedness strategies and available resources
Program Format
• Duration: offered during the summer, fall, or spring (e.g., three sessions in one month — one
per week). This can change based on interest, as shown by sign-ups.
• Format: In-person sessions and, if feasible, via an online platform
• Class Size: Limited to ensure meaningful engagement and available space in the Council
Chambers
• Eligibility: Open exclusively to Rolling Hills residents, including High School students
• Participation: Residents may register for individual workshops based on their interests;
attendance at all sessions is not required. However, participants who do attend all sessions
Page 120 of 180
may receive some form of recognition by the City Council.
CONCLUSION
The proposed Rolling Hills Civic Engagement Series provides an opportunity to further strengthen the
City’s relationship with its residents through education, transparency, and collaboration. By offering
flexible, topic-based workshops, the program is designed to meet residents where they are,
encouraging participation without requiring a full program commitment.
This initiative reflects Rolling Hills’ tradition of an engaged and informed community, while creating a
structured yet approachable way for residents to better understand City operations and governance.
With minimal fiscal impact and the ability to leverage existing staff and partnerships, the program can
be implemented efficiently and effectively.
Fiscal Impact:
The program is anticipated to have minimal fiscal impact and will primarily utilize existing staff
resources. Any incidental costs (e.g., materials or refreshments) can be accommodated within the
existing budget or offset through partnerships.
Recommendation:
Provide direction to proceed with the development and implementation of the Rolling Hills Civic
Engagement Series and authorize staff to launch the inaugural program in 2026.
Attachments:
1. Attachment A - Jan 26 2026 Staff Report
Page 121 of 180
Page 122 of 180
Page 123 of 180
Item: 14.B.
Meeting Date: 4/13/2026
To: City Council
From: Karina Bañales, City Manager
Thru: Karina Bañales, City Manager
Subject: Consideration of Authorizing the Mayor to Sign a Letter of Opposition for SB 866
(Blakespear) Regarding Housing Element Mandates specific to Homelessness
Background:
Senate Bill (SB) 866 Homeless Housing, Assistance, and Prevention Program: Housing Element,
introduced by Senator Catherine Blakespear on January 5, 2026, and significantly amended on
March 25, 2026 (Attachment C), seeks to refine how local jurisdictions must account for unsheltered
homelessness within their Housing Elements. The bill specifically targets the Homeless Housing,
Assistance, and Prevention (HHAP) program, mandating that cities provide a rigorous assessment of
housing needs—including those at risk of homelessness—to remain eligible for state funding and
maintain a "compliant" housing status.
1. Mandatory Homelessness Assessment: Under SB 866, any local government that does not
receive certain state homelessness funding (HHAP) must still conduct a comprehensive
assessment. This assessment must include data on the population of individuals who are
unhoused or at risk of becoming unhoused over a 10-year period.
2. Housing Element Integration: The bill amends Section 65583 of the Government Code,
requiring the Housing Element to include a "description of key actions" the city will take to
reduce its unhoused population based on the aforementioned data.
Discussion:
The League of California Cities (Cal Cities) has issued an action alert urging member cities to oppose
SB 866 (Blakespear) unless amended, which would add additional homeless reporting requirements
to housing elements for those cities that do not currently qualify to receive direct access to state
HHAP funding. SB 866 will be heard in the Senate Housing Committee by April 21, 2026.
What the bill does:
SB 866 requires all but 14 cities in the state to add extensive and burdensome homelessness
reporting requirements to their housing elements. This bill specifically targets cities that do not have
direct access to state homelessness funding.
Page 124 of 180
Why SB 866 is bad for cities:
• SB 866 only applies to cities that do not have access to direct state funding from the Homeless
Housing Assistance and Prevention (HHAP) grant program, placing extensive new reporting
burdens on those with the fewest resources.
• SB 866 mandates reporting on metrics that nearly all cities lack the ability to collect. This
information could only be collected through regional collaboration with counties, hospitals, jails,
and other partners.
• The reporting required in SB 866 does not belong in a long-term housing planning document
that, for most cities, is updated every eight years and would quickly become outdated and
unresponsive to the evolving needs of unhoused residents.
Additional background:
Since 2019, HHAP has provided state funding to the 14 largest cities, all 58 counties, and 44
Continuums of Care — leaving the other 469 cities in California without direct state support. To
receive funding, HHAP recipients must submit regional plans that include system performance
metrics. SB 866 applies these same metrics as a new housing element requirement only for cities
that do not receive HHAP funding.
What cities need:
Amend SB 866 to instead include all cities in the regional planning process. This will provide
transparency into the system metrics that SB 866 includes, but through the same regional process
already used by California’s largest cities.
The City of Rolling Hills Estates is considering a letter of opposition at their April 14 meeting. The City
of Rancho Palos Verdes has expressed they will bring to the Council. The City of Palos Verdes
Estates has not confirmed that they will be taking to Council yet, but noted that if the other three
Peninsula Cities took action, they would potentially do so as well.
A draft letter of opposition is included for City Council review and consideration (Attachment A), along
with the League of California Cities letter of Opposition (Attachment B).
Fiscal Impact:
Unknown.
Recommendation:
Staff recommends the City Council provide direction on whether to oppose SB 866 (Blakespear) and,
if so, authorize the Mayor to sign and submit a letter of opposition on behalf of the City.
Attachments:
1. Attachment A - CL_AGN_260413_SB866_OppositionLetter_Draft
2. Attachment B - CL_AGN_260413_SB866_CalCities_OppositionLetter
3. Attachment C - CL_AGN_260325_CA_SB866_Amended
Page 125 of 180
April 13, 2026
The Honorable Catherine Blakespear
California State Senate
1021 O Street, Room 7720
Sacramento, CA 95814
RE: SB 866 (Blakespear) Homeless Housing, Assistance, and Prevention program:
housing element.
Notice of OPPOSE UNLESS AMENDED
Dear Senator Blakespear,
The City of Rolling Hills must respectfully oppose your SB 866 (Blakespear) unless
amended. SB 866 would require all but 14 cities to add extensive homelessness reporting
requirements to their housing elements, targeting cities that do not receive state funding to
address homelessness.
The state’s flagship homelessness grant program, the Homeless Housing, Assistance, and
Prevention (HHAP) Grant program, allocates funding to all 58 counties, 44 continuums of care,
and cities with populations over 300,000. This means that only 14 cities in California are
receiving direct state homelessness funding through HHAP.
To receive HHAP funding, grantees must submit a regionally coordinated homelessness action
plan to the Housing and Community Development Department that includes specific system
performance measures. SB 866 would copy these system performance measures from the
HHAP regional plans and impose them as a separate reporting requirement only on cities not
receiving state funding — forcing them to track these metrics in their housing elements.
Specifically, SB 866 would require all but 14 cities to provide detailed reports on available
homelessness resources, actions taken to connect individuals to those resources, and various
data points. For example, SB 866 requires cities to share information about the number of
people who become homeless after exiting institutional settings, including jails, prisons, and
hospitals, and the number of people who become unhoused after moving into permanent
housing.
SB 866 also requires cities to describe how they are coordinating services under the Behavioral
Health Services Act and identify any available mental and behavioral health funding. Counties,
not cities, provide behavioral health services in California and receive all the funding to do so.
SB 866 does not currently apply to counties because it only applies to local governments that
do not receive HHAP. As a result, SB 866 places the burden on cities to report on and plan for
services beyond their control, requiring significant reporting on county-led functions within a
city's housing planning document – requirements that cities are not well-positioned to fulfill.
There is a reason these system performance metrics are currently in the HHAP regional
planning process – because gathering this data requires collaboration with counties, prisons,
Page 126 of 180
hospitals, VAs, and other stakeholders. These requirements create significant administrative
burdens for communities that already do not receive state financial support to address
homelessness. Nearly all cities lack the infrastructure to collect the data required by SB 866,
making compliance nearly impossible.
Additionally, while HHAP regional plans are updated each year that funding is available, most
communities update their housing elements every eight years. The City of Rolling Hills fails to
see how collecting this data every eight years, when much of this information is collected
annually through Continuums of Care point-in-time counts, would help address the evolving
needs of unhoused residents in our community.
The City of Rolling Hills understands the goal of increasing transparency around the efforts of
smaller cities to address the state’s homelessness crisis. Currently, cities that do not receive
HHAP funding are encouraged to participate in HHAP regional planning but are not required to
do so. The City of Rolling Hills is requesting amendments that require smaller cities to have a
seat at the table for the regional planning process. This will accomplish the same goal, providing
transparency into the same system metrics that SB 866 includes, but through the same regional
process already used by California’s largest cities.
The City of Rolling Hills is a very small gated community of approximately 700 properties and
1,622 residents where the proposed legislation’s requirements are fundamentally incompatible
with the city’s lack of infrastructure and a municipal staff of only seven people.
Each year, the Legislature introduces bills that change the rules mid-stream, significantly
complicating cities’ efforts to secure housing element certification. These multiyear planning
efforts are already complex, time-consuming, and expensive. SB 866 would add yet another
layer of reporting requirements — through a non-reimbursable state mandate — placing a
disproportionate burden on smaller cities. For many, the challenge of collecting and reporting
this data could further jeopardize their ability to achieve a compliant housing element.
The City of Rolling Hills urges amendments to SB 866 that ensure consistency with the existing
HHAP regional planning process and do not unfairly target California’s small cities, which
continue to be left out of direct state homelessness funding.
For these reasons, the City of Rolling Hills respectfully oppose your SB 866 (Blakespear)
unless amended.
Sincerely,
Bea Dieringer
Mayor
City of Rolling Hills
cc. Senator Ben Allen, laurel.brodzinsky@sen.ca.gov, Samuel.Liu@sen.ca.gov
Assemblymember Al Muratsuchi, Cody.Bridges@asm.ca.gov
Jeff Kiernan, jkiernan@calcities.org
League of California Cities, cityletters@cacities.org
Page 127 of 180
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
April 6, 2026
The Honorable Catherine Blakespear
California State Senate
1021 O Street, Room 7720
Sacramento, CA 95814
RE: SB 866 (Blakespear) Homeless Housing, Assistance, and Prevention program:
housing element.
Notice of OPPOSE UNLESS AMENDED
Dear Senator Blakespear,
The League of California Cities must respectfully oppose your SB 866 (Blakespear) unless
amended to address cities’ concerns. SB 866 would require all but 14 cities to add
extensive homelessness reporting requirements to their housing elements, targeting
cities that do not receive state funding to address homelessness.
The state’s flagship homelessness grant program, the Homeless Housing, Assistance, and
Prevention (HHAP) Grant program, allocates funding to all 58 counties, 44 continuums
of care, and cities with populations over 300,000. This means that only 14 cities in
California are receiving direct state homelessness funding through HHAP.
To receive HHAP funding, grantees must submit a regionally coordinated homelessness
action plan to the Housing and Community Development Department that includes
specific system performance measures. SB 866 would copy these system performance
measures from the HHAP regional plans and impose them as a separate reporting
requirement only on cities not receiving state funding — forcing them to track these
metrics in their housing elements.
Specifically, SB 866 would require all but 14 cities to provide detailed reports on
available homelessness resources, actions taken to connect individuals to those
resources, and various data points. For example, SB 866 requires cities to share
information about the number of people who become homeless after exiting
institutional settings, including jails, prisons, and hospitals, and the number of people
who become unhoused after moving into permanent housing.
SB 866 also requires cities to describe how they are coordinating services under the
Behavioral Health Services Act and identify any available mental and behavioral health
funding. Counties, not cities, provide behavioral health services in California and
receive all the funding to do so. SB 866 does not currently apply to counties because it
only applies to local governments that do not receive HHAP. As a result, SB 866 places
the burden on cities to report on and plan for services beyond their control, requiring
significant reporting on county-led functions within a city's housing planning document
– requirements that cities are not well-positioned to fulfill.
Page 128 of 180
There is a reason these system performance metrics are currently in the HHAP regional
planning process – because gathering this data requires collaboration with counties,
prisons, hospitals, VAs, and other stakeholders. These requirements create significant
administrative burdens for communities that already do not receive state financial
support to address homelessness. Nearly all cities lack the infrastructure to collect the
data required by SB 866, making compliance nearly impossible.
Additionally, while HHAP regional plans are updated each year that funding is
available, most communities update their housing elements every eight years. Cal
Cities fails to see how collecting this data every eight years, when much of this
information is collected annually through Continuums of Care point-in-time counts,
would help address the evolving needs of unhoused residents in our communities.
Cal Cities understands the goal of increasing transparency around the efforts of smaller
cities to address the state’s homelessness crisis. Currently, cities that do not receive
HHAP funding are encouraged to participate in HHAP regional planning but are not
required to do so. Cal Cities is requesting amendments that require smaller cities to
have a seat at the table for the regional planning process. This will accomplish the
same goal, providing transparency into the same system metrics that SB 866 includes,
but through the same regional process already used by California’s largest cities.
Each year, the Legislature introduces bills that change the rules mid-stream, significantly
complicating cities’ efforts to secure housing element certification. These multiyear
planning efforts are already complex, time-consuming, and expensive. SB 866 would
add yet another layer of reporting requirements — through a non-reimbursable state
mandate — placing a disproportionate burden on smaller cities. For many, the
challenge of collecting and reporting this data could further jeopardize their ability to
achieve a compliant housing element.
We urge amendments to SB 866 that ensure consistency with the existing HHAP regional
planning process and do not unfairly target California’s small cities, which continue to
be left out of direct state homelessness funding. For these reasons, Cal Cities has an
oppose unless amended position on SB 866 (Blakespear). If you have any questions, do
not hesitate to contact me at cgrinder@calcities.org.
Sincerely,
Caroline Grinder
Legislative Affairs, Lobbyist
Page 129 of 180
SENATE BILL NO. 866
AMENDED IN SENATE MARCH 25, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Senator Blakespear
January 05, 2026
An act relating to state government. to amend Section 65583 of the Government Code, relating to
homelessness.
LEGISLATIVE COUNSEL'S DIGEST
SB 866, as amended, Blakespear. Emergency and interim shelters. Homeless Housing, Assistance,
and Prevention program: housing element.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use
development that includes, among other things, a housing element. Existing law requires the
housing element to include, among other things, an assessment of housing needs and an inventory
of resources and constraints that are relevant to meeting these needs.
Existing law establishes the Homeless Housing, Assistance, and Prevention (HHAP) program for the
purpose of providing jurisdictions with grant funds to support regional coordination and expand or
develop local capacity to address their immediate homelessness challenges, as specified. Existing
law provides for the allocation of funding under the program among continuums of care, cities,
counties, and tribes in 6 rounds, with rounds 1 to 5, inclusive, administered by the Interagency
Council on Homelessness and round 6 administered by the Department of Housing and Community
Development, as provided. Existing law establishes round 7 of the program and states the intent of
the Legislature to enact future legislation that specifies the parameters, as specified.
For a local government that does not receive HHAP funding, this bill would require the assessment
to include, among other things, specified data regarding the population of individuals who are
unhoused and a description of key actions that will be taken to reduce individuals who are
unhoused based on the data. By imposing additional duties on local governments, this bill would
impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide
concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes a governing body to declare a shelter crisis, as specified, and to take such
action as is necessary to carry out the provisions relating to shelter crises, upon a finding by that
governing body that a significant number of persons within the jurisdiction of the governing body
are without the ability to obtain shelter, and that the situation has resulted in a threat to the health
Page 130 of 180
and safety of those persons. Existing law authorizes a political subdivision, upon a declaration
described above, to allow persons unable to obtain housing to occupy designated public facilities
during the duration of the state of emergency. Existing law defines terms for these purposes.
This bill would state the intent of the Legislature to enact the Emergency and Interim Shelter
Capacity Act.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: noyes Local Program: noyes
Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and analysis of existing and projected
housing needs and a statement of goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development of housing. The housing
element shall identify adequate sites for housing, including rental housing, factory-built housing,
mobilehomes, and emergency shelters, and shall make adequate provision for the existing and
projected needs of all economic segments of the community. The housing element shall contain all
of the following:
(a) An assessment of housing needs, and an inventory of resources and constraints that are
relevant to the meeting of those needs. The assessment and inventory shall include all of the
following:
(1) An analysis of population and employment trends and documentation of projections and a
quantification of the locality’s existing and projected housing needs for all income levels. These
existing and projected needs shall include the locality’s share of the regional housing need in
accordance with Section 65584.
(2) An analysis and documentation of household characteristics, including level of payment
compared to ability to pay, housing characteristics, including overcrowding, and housing stock
condition.
(3) An inventory of land suitable and available for residential development, including vacant sites
and sites having realistic and demonstrated potential for redevelopment during the planning
period to meet the locality’s housing need for a designated income level, and an analysis of the
relationship of zoning and public facilities and services to these sites, and an analysis of the
relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively
further fair housing.
(4) (A) The identification of one or more zoning designations that allow residential uses, including
mixed uses, where emergency shelters are allowed as a permitted use without a conditional use
or other discretionary permit and that are suitable for residential uses. The identified zoning
designations shall include sufficient sites meeting the requirements of subparagraph (H) with
sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency
shelter identified in paragraph (7), except that each local government shall identify a zoning
designation or designations that can accommodate at least one year-round emergency shelter. If
the local government cannot identify a zoning designation or designations with sufficient capacity,
Page 131 of 180
the local government shall include a program to amend its zoning ordinance to meet the
requirements of this paragraph within one year of the adoption of the housing element. The local
government may identify additional zoning designations where emergency shelters are permitted
with a conditional use permit. The local government shall also demonstrate that existing or
proposed permit processing, development, and management standards that apply to emergency
shelters are objective and encourage and facilitate the development of, or conversion to,
emergency shelters.
(B) Emergency shelters shall only be subject to the following written, objective standards:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided
that the standards do not require more parking for emergency shelters than other
residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not
required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation.
(C) For purposes of this paragraph, “emergency shelter” shall include other interim
interventions, including, but not limited to, a navigation center, bridge housing, and respite or
recuperative care, and all services provided onsite, including the addition or expansion of
services that are consistent with any written, objective standards pursuant to subparagraph
(B).
(D) The permit processing, development, and management standards applied under this
paragraph shall not be deemed to be discretionary acts within the meaning of the California
Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public
Resources Code).
(E) If a local government has adopted written, objective standards pursuant to subparagraph
(B), the local government shall include an analysis of the standards in the analysis of
constraints pursuant to paragraph (5).
(F) A local government that can demonstrate, to the satisfaction of the department, the
existence of one or more emergency shelters either within its jurisdiction or pursuant to a
multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of
the other jurisdictions that are a part of the agreement for emergency shelter identified in
paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a
zoning designation where new emergency shelters are allowed with a conditional use permit.
(G) A local government with an existing ordinance or ordinances that comply with this
paragraph shall not be required to take additional action to identify zoning designations for
emergency shelters. The housing element must only describe how existing ordinances,
policies, and standards are consistent with the requirements of this paragraph.
(H) The zoning designation or designations where emergency shelters are allowed, as
described in subparagraph (A), shall include sites that meet at least one of the following
standards:
Page 132 of 180
(i) Vacant sites zoned for residential use.
(ii) Vacant sites zoned for nonresidential use that allow residential development, if the local
government can demonstrate how the sites with this zoning designation that are being
used to satisfy the requirements of paragraph (1) are located near amenities and services
that serve people experiencing homelessness, which may include health care,
transportation, retail, employment, and social services, or that the local government will
provide free transportation to services or offer services onsite.
(iii) Nonvacant sites zoned for residential use or for nonresidential use that allow residential
development that are suitable for use as a shelter in the current planning period, or which
can be redeveloped for use as a shelter in the current planning period. A nonvacant site
with an existing use shall be presumed to impede emergency shelter development absent
an analysis based on substantial evidence that the use is likely to be discontinued during
the planning period. The analysis shall consider current market demand for the current
uses, market conditions, and incentives or standards to encourage shelter development.
(I) The zoning designation or designations shall have sufficient sites meeting the requirements
of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph
(7). The number of people experiencing homelessness that can be accommodated on any site
shall be demonstrated by dividing the square footage of the site by a minimum of 200 square
feet per person, unless the locality can demonstrate that one or more shelters were developed
on sites that have fewer square feet per person during the prior planning period or the locality
provides similar evidence to the department demonstrating that the site can accommodate
more people experiencing homelessness. Any standard applied pursuant to this subparagraph
is intended only for calculating site capacity pursuant to this section, and shall not be
construed as establishing a development standard applicable to the siting, development, or
approval of a shelter.
(J) Notwithstanding subparagraph (H), a local government may accommodate the need for
emergency shelters identified pursuant to paragraph (7) on sites owned by the local
government if it demonstrates with substantial evidence that the sites will be made available
for emergency shelter during the planning period, they are suitable for residential use, and the
sites are located near amenities and services that serve people experiencing homelessness,
which may include health care, transportation, retail, employment, and social services, or that
the local government will provide free transportation to services or offer services onsite.
(5) An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of housing
identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the
analysis pursuant to paragraph (7), including land use controls, building codes and their
enforcement, site improvements, fees, and other exactions required of developers, local
processing and permit procedures, historic preservation practices and policies and an assessment
of how existing and proposed historic designations affect the locality’s ability to meet its share of
the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly
impact the cost and supply of residential development.
(A) The analysis shall also demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing need in accordance with
Section 65584 and from meeting the need for housing for persons with disabilities, supportive
housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(B) (i) For adoption of the seventh and all subsequent revisions of the housing element, the
analysis shall also include a potential and actual governmental constraints disclosure
statement containing both of the following:
(I) An identification of each new or amended potential or actual governmental
constraint, or revision increasing the stringency of a governmental constraint, adopted
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after the due date of the previous housing element and before submittal of the current
draft housing element to the department.
(II) An identification of any new or amended potential or actual governmental
constraint, or revision increasing the stringency of a governmental constraint, that the
governing body of the local government can anticipate adopting during the first three
years of the planning period commencing on the date that a local agency’s housing
element is considered to be in substantial compliance pursuant to Section 65585.03.
(ii) For the purposes of this subparagraph, “anticipate adopting” means a legislative body of
the local government had, after the due date of the previous housing element and before
submittal of the current draft housing element, identified in an agenda published by a
legislative body of the local government pursuant to the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5) an action to consider
the adoption, amendment, or increase in the stringency of a potential or actual
governmental constraint.
(iii) This subparagraph shall not be construed to prohibit a local government from adopting,
amending, or increasing the stringency of a potential or actual governmental constraint
regardless of whether it was included in a potential and actual governmental constraints
disclosure statement pursuant to this subparagraph.
(6) An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the availability of
financing, the price of land, the cost of construction, the requests to develop housing at densities
below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the
length of time between receiving approval for a housing development and submittal of an
application for building permits for that housing development that hinder the construction of a
locality’s share of the regional housing need in accordance with Section 65584. The analysis shall
also demonstrate local efforts to remove nongovernmental constraints that create a gap between
the locality’s planning for the development of housing for all income levels and the construction
of that housing.
(7) (A) An analysis of any special housing needs, such as those of the elderly; persons with
disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and
Institutions Code; extremely low income households; large families; farmworkers; families with
female heads of households; and families and persons in need of emergency shelter. The need for
emergency shelter shall be assessed based on the capacity necessary to accommodate the most
recent homeless point-in-time count conducted before the start of the planning period, the need
for emergency shelter based on number of beds available on a year-round and seasonal basis,
the number of shelter beds that go unused on an average monthly basis within a one-year
period, and the percentage of those in emergency shelters that move to permanent housing
solutions. The need for emergency shelter may be reduced by the number of supportive housing
units that are identified in an adopted 10-year plan to end chronic homelessness and that are
either vacant or for which funding has been identified to allow construction during the planning
period. An analysis of special housing needs by a city or county may include an analysis of the
need for frequent user coordinated care housing services.
(B) For the seventh and subsequent revisions of the housing element, the analysis required in
subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely
low income households.
(8) An analysis of opportunities for energy conservation with respect to residential development.
Cities and counties are encouraged to include weatherization and energy efficiency improvements
as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency
measures that encompass the building envelope, its heating and cooling systems, and its
electrical system.
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(9) An analysis of existing assisted housing developments that are eligible to change from low-
income housing uses during the next 10 years due to termination of subsidy contracts, mortgage
prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the
purpose of this section, shall mean multifamily rental housing that receives governmental
assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local
multifamily revenue bond programs, local redevelopment programs, the federal Community
Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall
also include multifamily rental units that were developed pursuant to a local inclusionary housing
program or used to qualify for a density bonus pursuant to Section 65916.
(A) The analysis shall include a listing of each development by project name and address, the
type of governmental assistance received, the earliest possible date of change from low-
income use, and the total number of elderly and nonelderly units that could be lost from the
locality’s low-income housing stock in each year during the 10-year period. For purposes of
state and federally funded projects, the analysis required by this subparagraph need only
contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new rental housing that is
comparable in size and rent levels, to replace the units that could change from low-income
use, and an estimated cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each five-year period and does
not have to contain a project-by-project cost estimate.
(C) The analysis shall identify public and private nonprofit corporations known to the local
government that have legal and managerial capacity to acquire and manage these housing
developments.
(D) The analysis shall identify and consider the use of all federal, state, and local financing
and subsidy programs that can be used to preserve, for lower income households, the assisted
housing developments, identified in this paragraph, including, but not limited to, federal
Community Development Block Grant Program funds, tax increment funds received by a
redevelopment agency of the community, and administrative fees received by a housing
authority operating within the community. In considering the use of these financing and
subsidy programs, the analysis shall identify the amounts of funds under each available
program that have not been legally obligated for other purposes and that could be available
for use in preserving assisted housing developments.
(10) For a local government that does not receive funding pursuant to the Homeless Housing,
Assistance, and Prevention program (Chapter 6 (commencing with Section 50216)) or the
Regionally Coordinated Homelessness Housing, Assistance, and Prevention Program (Chapter 6.5
(commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), all of
the following:
(A) An itemized list of the specific federal, state, and local resources available to assist
individuals who are unhoused, including interim and permanent housing, and mental and
behavioral health services.
(B) A description of the actions taken by the local government to connect individuals who are
unhoused to the resources described in subparagraph (A).
(C) (i) Most up-to-date data on the population of individuals who are unhoused, which shall
include all of the following:
(I) The number of individuals who are unhoused.
(II) The average length of time individuals are unhoused.
(III) The number and percentage of individuals who are unhoused that moved into
permanent housing.
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(IV) The number of people who become unhoused after moving into permanent housing.
(V) The number of people who became unhoused for the first time.
(VI) The number of people who become unhoused after exiting institutional settings,
including, but not limited to, jails, prisons, and hospitals.
(ii) The data specified in clause (i) shall be disaggregated by age, racial, and ethnic
demographics.
(D) A description of key actions that will be taken to reduce individuals who are unhoused
based on the data points described in subparagraph (C).
(E) Actions taken to coordinate with cities in the region, counties or council of governments,
including entering into a memorandum of understanding as part of a regional action plan as
required by the Homeless Housing, Assistance, and Prevention program (Chapter 6
(commencing with Section 50216) of Part 1 of Division 1 of the Health and Safety Code), and
identification and analysis of the specific roles and responsibilities regarding all of the
following:
(i) Outreach and site coordination.
(ii) Siting and use of available land, the development of shelter, interim, and permanent
housing options.
(iii) Coordination and connection to the delivery of services to individuals who are
unhoused, or at risk of becoming unhoused, including specifying roles and coordination
plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within
the region.
(F) Identification programs that prevent individuals from becoming unhoused and other
actions taken to prevent vulnerable populations from becoming unhoused, such as current and
former foster youth, veterans, persons exiting the judicial system, and persons with special
housing needs.
(b) (1) A statement of the community’s goals, quantified objectives, and policies relative to
affirmatively furthering fair housing and to the maintenance, preservation, improvement, and
development of housing.
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may
exceed available resources and the community’s ability to satisfy this need within the content of
the general plan requirements outlined in Article 5 (commencing with Section 65300). Under
these circumstances, the quantified objectives need not be identical to the total housing needs.
The quantified objectives shall establish the maximum number of housing units by income
category that can be constructed, rehabilitated, and conserved over a five-year time period.
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline
for implementation, that may recognize that certain programs are ongoing, such that there will be
beneficial impacts of the programs within the planning period, that the local government is
undertaking or intends to undertake to implement the policies and achieve the goals and objectives
of the housing element through the administration of land use and development controls, the
provision of regulatory concessions and incentives, the utilization of appropriate federal and state
financing and subsidy programs when available, and the utilization of moneys in a low- and
moderate-income housing fund of an agency if the locality has established a redevelopment project
area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section
33000) of the Health and Safety Code). In order to make adequate provision for the housing needs
of all economic segments of the community, the program shall do all of the following:
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(1) Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to accommodate
that portion of the city’s or county’s share of the regional housing need for all income levels that
could not be accommodated on sites identified in the inventory completed pursuant to paragraph
(3) of subdivision (a) without rezoning, and to comply with the requirements of Section
65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate
and encourage the development of a variety of types of housing for all income levels, including
multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural
employees, supportive housing, single-room occupancy units, emergency shelters, and
transitional housing.
(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not
identify adequate sites to accommodate the need for groups of all household income levels
pursuant to Section 65584, a program for rezoning of those sites, subject to the following
deadlines:
(i) For the adoption of the sixth revision of the housing element, jurisdictions with an eight-
year housing element planning period pursuant to Section 65588, including adoption of
minimum density and development standards or, for a jurisdiction in the coastal zone, any
necessary local coastal program amendments related to land use designations, changes in
intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections
30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no
later than three years after either the date the housing element is adopted pursuant to
subdivision (f ) of Section 65585 or the date that is 90 days after receipt of comments from
the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless
the deadline is extended pursuant to subdivision (f ). Notwithstanding the foregoing, for a
local government that fails to adopt a housing element that the department has found to be
in substantial compliance with this article within 120 days of the statutory deadline in
Section 65588 for adoption of the housing element, rezoning of those sites, including
adoption of minimum density and development standards or, for a jurisdiction in the coastal
zone, any necessary local coastal program amendments related to land use designations,
changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with
Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be
completed no later than one year from the statutory deadline in Section 65588 for adoption
of the housing element.
(ii) For adoption of the seventh and all subsequent revisions of the housing element,
rezonings shall be completed no later than one year from the statutory deadline in Section
65588 for adoption of the housing element.
(iii) Notwithstanding clause (ii), for the adoption of the seventh and all subsequent
revisions of the housing element, rezonings shall be completed no later than three years
and 90 days after the statutory deadline in Section 65588 for adoption of the housing
element, unless the deadline is extended pursuant to subdivision (f ). This clause shall apply
only if the local government complies with all of the following:
(I) The local government submits a draft element or draft amendment to the
department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at
least 90 days before the statutory deadline established in Section 65588 for adoption of
the housing element.
(II) The local government receives from the department findings that the draft element
or draft amendment substantially complies with this article pursuant to paragraph (3) of
subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section
65588 for adoption of the housing element.
(III) The local government adopts the draft element or draft amendment that the
department found to substantially comply with this article no later than 120 days after
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the statutory deadline set forth in Section 65588.
(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not
identify adequate sites to accommodate the need for groups of all household income levels
pursuant to Section 65584, the program shall identify sites that can be developed for housing
within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of
sites shall include all components specified in Section 65583.2.
(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify
adequate sites to accommodate the need for farmworker housing, the program shall provide
for sufficient sites to meet the need with zoning that permits farmworker housing use by right,
including density and development standards that could accommodate and facilitate the
feasibility of the development of farmworker housing for low- and very low income
households.
(2) (A) Assist in the development of adequate housing to meet the needs of extremely low, very
low, low-, and moderate-income households.
(B) For the seventh and subsequent revisions of the housing element, the program shall also
assist in the development of adequate housing to meet the needs of acutely low income
households.
(3) Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of housing,
including housing for all income levels and housing for persons with disabilities. The program
shall remove constraints to, and provide reasonable accommodations for housing designed for,
intended for occupancy by, or with supportive services for, persons with disabilities. Transitional
housing and supportive housing shall be considered a residential use of property and shall be
subject only to those restrictions that apply to other residential dwellings of the same type in the
same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones
where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with
Section 65650).
(4) Conserve and improve the condition of the existing affordable housing stock, which may
include addressing ways to mitigate the loss of dwelling units demolished by public or private
action.
(5) Promote and affirmatively further fair housing opportunities and promote housing throughout
the community or communities for all persons regardless of race, religion, sex, marital status,
ancestry, national origin, color, familial status, or disability, and other characteristics protected by
the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of
Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning
law.
(6) Preserve for lower income households the assisted housing developments identified pursuant
to paragraph (9) of subdivision (a). The program for preservation of the assisted housing
developments shall utilize, to the extent necessary, all available federal, state, and local financing
and subsidy programs identified in paragraph (9) of subdivision (a), except where a community
has other urgent needs for which alternative funding sources are not available. The program may
include strategies that involve local regulation and technical assistance.
(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that
can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for
very low, low-, or moderate-income households. For purposes of this paragraph, “accessory
dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a)
of Section 66313.
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(8) Include an identification of the agencies and officials responsible for the implementation of
the various actions and the means by which consistency will be achieved with other general plan
elements and community goals.
(9) Include a diligent effort by the local government to achieve public participation of all
economic segments of the community in the development of the housing element, and the
program shall describe this effort.
(10) (A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing
in the jurisdiction that shall include all of the following components:
(i) A summary of fair housing issues in the jurisdiction and an assessment of the
jurisdiction’s fair housing enforcement and fair housing outreach capacity.
(ii) An analysis of available federal, state, and local data and knowledge to identify
integration and segregation patterns and trends, racially or ethnically concentrated areas of
poverty and affluence, disparities in access to opportunity, and disproportionate housing
needs, including displacement risk. The analysis shall identify and examine such patterns,
trends, areas, disparities, and needs, both within the jurisdiction and comparing the
jurisdiction to the region in which it is located, based on race and other characteristics
protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with
Section 12900) of Division 3 of Title 2) and Section 65008.
(iii) An assessment of the contributing factors, including the local and regional historical
origins and current policies and practices, for the fair housing issues identified under
clauses (i) and (ii).
(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest
priority to those factors identified in clause (iii) that limit or deny fair housing choice or
access to opportunity, or negatively impact fair housing or civil rights compliance, and
identifying the metrics and milestones for determining what fair housing results will be
achieved.
(v) Strategies and actions to implement those priorities and goals, which may include, but
are not limited to, enhancing mobility strategies and encouraging development of new
affordable housing in areas of opportunity, as well as place-based strategies to encourage
community revitalization, including preservation of existing affordable housing, and
protecting existing residents from displacement.
(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart
A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal
Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272,
dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with
the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect
before August 17, 2015, may incorporate relevant portions of that assessment or revised
assessment of fair housing or analysis or revised analysis of impediments to fair housing into
its housing element.
(C) (i) The requirements of this paragraph shall apply to housing elements due to be revised
pursuant to Section 65588 on or after January 1, 2021.
(ii) The assessment required pursuant to this paragraph shall be completed before the
planning agency makes its first draft revision of a housing element available for public
comment pursuant to subdivision (b) of Section 65585.
(D) (i) The department shall develop a standardized reporting format for programs and actions
taken pursuant to this paragraph. The standardized reporting format shall enable the reporting
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of all of the assessment components listed in subparagraph (A) and, at a minimum, include all
of the following fields:
(I) Timelines for implementation.
(II) Responsible party or parties.
(III) Resources committed from the local budget to affirmatively further fair housing.
(IV) Action areas.
(V) Potential impacts of the program.
(ii) A local government shall utilize the standardized report format developed pursuant to
this subparagraph for the seventh and each subsequent revision of the housing element.
(d) (1) A local government may satisfy all or part of its requirement to identify a zone or zones
suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by
adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent
communities, that requires the participating jurisdictions to develop at least one year-round
emergency shelter within two years of the beginning of the planning period.
(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as
credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity
was allocated as part of its housing element.
(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing
element all of the following:
(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
(B) The jurisdiction’s contribution to the facility for both the development and ongoing
operation and management of the facility.
(C) The amount and source of the funding that the jurisdiction contributes to the facility.
(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements
shall not exceed the actual capacity of the shelter.
(e) Except as otherwise provided in this article, amendments to this article that alter the required
content of a housing element shall apply to both of the following:
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of
Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the
department for review pursuant to Section 65585 more than 90 days after the effective date of
the amendment to this section.
(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of
Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the
first draft to the department before the due date specified in Section 65588 or 65584.02.
(f ) The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of
subdivision (c) shall be extended by one year if the local government has completed the rezoning
at densities sufficient to accommodate at least 75 percent of the units for lower income households
and if the legislative body at the conclusion of a public hearing determines, based upon substantial
evidence, that any of the following circumstances exists:
(1) The local government has been unable to complete the rezoning because of the action or
inaction beyond the control of the local government of any other state, federal, or local agency.
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(2) The local government is unable to complete the rezoning because of infrastructure
deficiencies due to fiscal or regulatory constraints.
(3) The local government must undertake a major revision to its general plan in order to
accommodate the housing-related policies of a sustainable communities strategy or an
alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed
budget and schedule for preparation and adoption of the required rezonings, including plans for
citizen participation and expected interim action. The schedule shall provide for adoption of the
required rezoning within one year of the adoption of the resolution.
(g) (1) If a local government fails to complete the rezoning by the deadline provided in
subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to
subdivision (f ), except as provided in paragraph (2), a local government may not disapprove a
housing development project, nor require a conditional use permit, planned unit development
permit, or other locally imposed discretionary permit, or impose a condition that would render the
project infeasible, if the housing development project, (A) is proposed to be located on a site
required to be rezoned pursuant to the program action required by that subparagraph and, (B)
complies with applicable, objective general plan and zoning standards and criteria, including design
review standards, described in the program action required by that subparagraph. Any subdivision
of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)).
Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section
21000) of the Public Resources Code.
(2) A local government may disapprove a housing development described in paragraph (1) if it
makes written findings supported by substantial evidence on the record that both of the following
conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public
health or safety unless the project is disapproved or approved upon the condition that the
project be developed at a lower density. As used in this paragraph, a “specific, adverse
impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective,
identified written public health or safety standards, policies, or conditions as they existed on
the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified
pursuant to paragraph (1), other than the disapproval of the housing development project or
the approval of the project upon the condition that it be developed at a lower density.
(3) The applicant or any interested person may bring an action to enforce this subdivision. If a
court finds that the local agency disapproved a project or conditioned its approval in violation of
this subdivision, the court shall issue an order or judgment compelling compliance within 60
days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the
court determines that its order or judgment has not been carried out within 60 days, the court
may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled.
In any such action, the city, county, or city and county shall bear the burden of proof.
(4) For purposes of this subdivision, “housing development project” means a project to construct
residential units for which the project developer provides sufficient legal commitments to the
appropriate local agency to ensure the continued availability and use of at least 49 percent of the
housing units for very low, low-, and moderate-income households with an affordable housing
cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code,
respectively, for the period required by the applicable financing.
(h) An action to enforce the program actions of the housing element shall be brought pursuant to
Section 1085 of the Code of Civil Procedure.
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(i) Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of
subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and
paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native
American tribe to respond to a lead agency and request consultation in writing is extended by 30
days for any housing development project application determined or deemed to be complete on or
after March 4, 2020, and prior to December 31, 2021.
(j) On or after January 1, 2024, at the discretion of the department, the analysis of government
constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints
upon the maintenance, improvement, or development of housing for persons with a characteristic
identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision
is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute
for this purpose.
SEC. 2. The Legislature finds and declares that Section 1 of this act amending Section 65583 of
the Government Code addresses a matter of statewide concern rather than a municipal affair as
that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of
this act applies to all cities, including charter cities.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level of service mandated by this
act, within the meaning of Section 17556 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact the Emergency and Interim Shelter Capacity
Act.
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Item: 14.C.
Meeting Date: 4/13/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Update on City Council Chamber Audio/Visual and Functional Upgrades
Background:
The City Council Chambers serve as the primary venue for municipal governance, emergency
operations, and community engagement. The existing audio/visual (AV) infrastructure and furniture
have remained largely unchanged for many years, predating modern digital standards and current
state transparency mandates.
Historically, the room has been configured with fixed-position furniture that limits its utility for resident
programs and events outside official City Council or Commission meetings. Simultaneously, the
outdated audio and video systems are reaching the end of their service life, resulting in occasional
technical issues and a substandard experience for residents in person or viewing meetings remotely.
Current state and federal laws now require higher standards for public access. Specifically, California
Senate Bill 707 (SB 707) and the Americans with Disabilities Act (ADA) necessitate significant
upgrades to ensure that all residents—regardless of physical ability or location—can participate
meaningfully in the democratic process.
Discussion:
Upgrading the City Council Chambers is an important step towards improving the City’s ability to host
City Council, Committee, or Commission meetings while complying with existing law.
The Chambers also function as the City's Emergency Operations Center (EOC). The current fixed
furniture configuration also does not provide adequate operational readiness, flexibility, and overall
functionality to accommodate the five core EOC functions (Management, Operations, Planning,
Logistics, and Finance), which are part of the nationally recognized Standardized Emergency
Management System (SEMS) and National Incident Management System (NIMS) frameworks. This is
particularly important given the City’s small staff and anticipated reliance on mutual aid personnel
during emergencies, which requires a layout that can quickly accommodate additional responders
and clearly define operational roles. Furthermore, it limits the room’s ability to also easily function as a
multipurpose community room for events, workshops, meetings, and presentations.
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Other important Chamber / EOC elements include improved audiovisual and display capabilities,
enhanced Wi-Fi and connectivity, adequate power access and charging stations, and flexible seating
configurations. Attachment A provides a mock-up of adding displays and speakers as well as the type
of modular tables staff is exploring..
The City Clerk's office is working to address three critical areas in the coming months: legal
compliance, accessibility, and operational flexibility.
1. Compliance with CA Senate Bill 707 (SB 707)
As of July 1, 2026, the Brown Act requires that local agencies provide a "two-way" remote
participation option (Attachments B & C).
o Mandatory Remote Access: The City must offer either a two-way telephonic service or a
two-way audiovisual platform for all public meetings. Simply broadcasting a view-only
stream no longer meets the legal standard for "eligible legislative bodies".
o Disruption Policies: SB 707 requires the City to adopt a formal policy for handling
technical disruptions during meetings. If a disruption prevents public access, the
meeting must be recessed for at least one hour while a good-faith effort is made to
restore service.
2. ADA Remediation and Accessibility
The current chambers contain ADA barriers that could expose the City to legal risk, including:
o Audio Assistive Technology: Modernizing the audio interface allows for seamless
integration of assistive listening devices and real-time automated captioning, which is a
key requirement for deaf and hard-of-hearing residents.
3. Modernization and Multi-Purpose Utility
The transition to wireless audio, improved presentation displays, as well as utilizing modular,
collapsible furniture, will allow the room to easily transform from a single-use room into a multi-
functional City asset, as well as provide an improved experience for
Councilmembers/Commissioners, public participants, presenters,and staff.
o Flexibility: Nesting tables and wireless microphones allow staff to reconfigure the room
in minutes for Emergency Operations Center (EOC) trainings or activation, community
workshops/meetings/presentations, or flex voting centers.
o Staff Efficiency: A digital system simplifies the workflow for staff while also removing the
clutter of cables and wires.
Fiscal Impact:
Staff has received vendor quotes in recent months that exceed the desired budget. The Clerk's office
is currently researching strategies to implement purchases and changes internally with minor support
from existing vendors specific to IT, electrical or cabling aspects as necessary. At this time, expenses
are or will be built into the current FY25/26 and forthcoming FY26/27 budgets.
Recommendation:
Receive and file.
Attachments:
1. Attachment A - IT_CAV_260413_Chamber_AV_Temp
2. Attachment B - CL_AGN_260126_CC_Item14B
3. Attachment C - CL_AGN_260413_California-2025-SB707-Chaptered
Page 144 of 180
Rolling Hills City Council Chamber Upgrades Update – April 13, 2026
Mock-up showing proposed Visual presentation displays for Council/Staff/Public
Page 145 of 180
Rolling Hills City Council Chamber Upgrade Update – April 13, 2026
Folding modular furniture examples
Page 146 of 180
Item: 14.B.
Meeting Date: 1/26/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Receive and file an update on recent legislative changes impacting key Brown Act
provisions under Senate Bill 707
Background:
On October 3, 2025, Senate Bill 707 (SB 707) was signed by Governor Newsom, bringing significant
changes to many public agencies’ meetings in 2026. SB 707 is intended to diversify and increase
public engagement in local government, and to modernize the Ralph M. Brown Act in light of
technological advancements.
SB 707 amends numerous provisions of the Brown Act and places new restrictions, expectations, and
duties upon legislative bodies. The changes are best understood in terms of what only applies to
“eligible legislative bodies” versus what generally applies to all legislative bodies.
Rules Specific to Eligible Legislative Bodies
The most significant changes in SB 707 will apply to an “eligible legislative body,” which is defined as
any of the following:
1. A city council of a city with a population of 30,000 or more,
2. A board of supervisors of a county, or a city and county, with a population of 30,000 or more,
3. A city council of a city located in a county with a population of 600,000 or more, and
4. A board of directors of large special districts meeting certain thresholds based on boundary
areas, population, number of employees and/or revenues.
Practical Considerations:
It should be noted that the requirements applying to "eligible legislative bodies" only impact the main
governing body of those agencies, not all legislative bodies that are part of the agency. By example,
the requirements would only affect the City Council, not the Planning Commission, Traffic
Commission or other standing and advisory committees.
• Two-Way Remote Attendance and Disruption Procedures
Unlike earlier versions of the Brown Act, the new law now requires eligible legislative bodies to
offer hybrid meetings. This means the public must be able to participate through a two-way
Page 62 of 131Page 147 of 180
phone or video platform, unless the technology is not available at the meeting location or the
meeting qualifies for an exemption, such as a field trip.
On or before July 1, 2026, an eligible legislative body must also approve in an open session a
policy regarding disruption of the above-mentioned services or platform and efforts to restore
service. If a disruption prevents the public from attending a meeting, the body must take a
recess and try to restore service for at least one hour. Afterward, it must adopt a finding by roll
call vote confirming that good-faith efforts were made to fix the issue and that resuming the
meeting serves the public interest more than delaying it further.
Furthermore, this bill allows a legislative body or its presiding officer to also remove or limit
participation from individuals engaging in disruptive behavior, regardless of whether the
individual is attending in-person or via two-way audiovisual or telephonic services.
• Outreach
This bill will now require eligible legislative bodies to take specific actions to encourage
residents to participate in public meetings, including:
o Provide a system for electronically accepting and fulfilling requests for meeting
agendas;*
o Have an accessible internet web page dedicated to information concerning public
meetings and how members of the public may participate, including a link to the page
on the agency’s home page;* and
o Make reasonable efforts to invite groups that do not traditionally participate in public
meetings to attend those meetings, such as outreach to media organizations serving
non-English-speaking communities or civic engagement organizations. The legislative
body has broad discretion to implement these efforts.
• Language Translation and Interpretation
Eligible legislative bodies must also:
o Translate the agenda and instructions on how to participate in meetings into any
language spoken jointly by 20 percent or more of an applicable population that also
speaks English less than “very well” according to the American Community Survey;
o Provide reasonable assistance to members of the public who wish to use personal
interpreters, such as arranging space for interpreters and allowing extra time for
interpretation;
o The new web page requirements for web pages dedicated to information concerning
public meetings must be translated into any language spoken jointly by 20 percent or
more of an applicable population that also speaks English less than “very well”
according to the American Community Survey;*
o Make a physical location, within reasonable proximity to the location where the agenda
is posted, freely accessible to the public so the public may post additional translations of
that agenda.
Note: Currently, Rolling Hills does not meet the above threshold per the most recent
U.S. Census Data (English only: 74.8%, Spanish: 2.7%, Other Indo-European
languages: 7.7%, Other languages: .5%)
Rules Applicable to Legislative Bodies in General
While the rules above apply to eligible legislative bodies, the following rules apply to legislative bodies
more broadly and generally.
Page 63 of 131Page 148 of 180
• Teleconferencing Updates
SB 707 reorganizes and expands the teleconferencing provisions of the Brown Act, adding
some uniformity to noticing, disclosure, accessibility, and public comment requirements for
certain types of teleconferencing. For example, SB 707 revises and restates the existing
teleconferencing provisions for states of emergency, just cause, and emergency
circumstances, and expands coverage to include:
1. States of emergency declared by localities, and
2. Just cause allowances, including physical or family medical emergencies preventing in-
person attendance, and military service. The new law also continues the availability of
teleconferencing for neighborhood councils, student body community college
associations, and student-run community college organizations.
In addition, SB 707 would allow agencies to permit attendance by a member of the
legislative body via teleconferencing as a reasonable accommodation under applicable
law, including the Americans with Disabilities Act (ADA). Those attending in accordance
with this section must still disclose any present adults and their relationship to them and
participate via audio and camera, unless their disability prevents such.
The new law also authorizes remote teleconference meetings by “eligible subsidiary
bodies” of local agencies, as long as the subsidiary bodies comply with certain
requirements. This compliance is defined as having at least one physical location for the
meeting, requiring that members attending remotely appear on camera, and requiring
the legislative body that created the subsidiary body to make certain findings prior to
authorizing fully remote meetings and at least every six months thereafter. Under SB
707, an “eligible subsidiary body” includes only advisory bodies that cannot take certain
final actions and do not have primary subject matter jurisdiction on elections, budgets,
police oversight, privacy, library material restrictions, or taxing or spending proposals.
Similarly, SB 707 allows remote teleconference meetings by “eligible multi-jurisdictional
bodies” if certain requirements are met, including at least a quorum of the body
participating from one or more physical locations that are open to the public, and that
members who participate remotely do not receive compensation for attendance. There
are also limits on the number of times a member may participate remotely. Under the
law, an “eligible multi-jurisdictional body” means a legislative body that includes
representatives from more than one local agency, or a legislative body of a joint powers
agency.
Finally, SB 707 clarifies that the term “teleconference” does not apply when one or more
members of a legislative body watch or listen to a meeting via webcasting, without the
ability to interactively speak or discuss.
Note: The limits for just cause teleconferencing applicable to Rolling Hills
Councilmembers allow a member to attend up to five meetings per year remotely due to
the Council meetings held twice a month.
• Other Changes
Copies of the Brown Act: Existing law encourages agencies to provide copies of the Brown Act to
each member of a legislative body. SB 707 will now require agencies to provide a copy of the
Brown Act to any person elected or appointed as a member of a legislative body.*
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Harsher Restrictions: Removes a requirement that members of an appointed legislative body must
be appointed by or under the authority of the elected legislative body in order for the legislative
body to impose harsher open and public meeting requirements.
Special & Emergency Meetings: Removes a requirement that only specified legislative bodies must
comply with the internet website posting and notice requirements for special or emergency
meetings, and thus imposes the same posting and notice requirements on all legislative bodies.
Extends the Social Media Rules Indefinitely: Existing law permits a member engaging in separate
conversations or communications outside of a meeting with any other person using an internet-
based social media platform for specified purposes. However, this is provided that the majority of
members do not use the platform to discuss business of a specific nature that falls within the
subject matter jurisdiction of the legislative body. This bill makes this exception indefinite.
Notably, some other updates or changes enacted by SB 707 do not actually alter the substance of the
law, but simply move and regroup the information into a more readable and trackable format within
the Brown Act. These changes were intended to address common complaints and overall feedback
on the organization of the Brown Act.
Please note that most updates to the Brown Act under SB 707 will become effective on January 1,
2026, while those specifically applying to eligible legislative bodies will take effect on July 1, 2026.
Further, some provisions of SB 707 will expire on January 1, 2030, unless later extended by the
Legislature.
*The City of Rolling Hills is already compliant.
Discussion:
None.
Fiscal Impact:
Staff is working on solutions to upgrade and improve the Council Chambers audio/visual system and
functionality to comply with SB707, but also to ensure future-proofing, potential Emergency
Operations Center needs, and improve systems for general use of the room.
Staff will return at a future meeting with a report on potential changes to share with the Council.
Recommendation:
Receive and file.
Attachments:
None
Page 65 of 131Page 150 of 180
Senate Bill No. 707
CHAPTER 327
An act to amend Sections 54952.7, 54953, 54953.5, 54953.7, 54954.2, 54954.3, 54956, 54956.5, 54957.6,
54957.9, and 54957.95 of, to amend and repeal Section 54952.2 of, to add Sections 54953.8, 54953.8.1,
54953.8.2, and 54957.96 to, and to add and repeal Sections 54953.4, 54953.8.3, 54953.8.4, 54953.8.5,
54953.8.6, and 54953.8.7 of, the Government Code, relating to local government.
[ Approved by Governor October 03, 2025. Filed with Secretary of State
October 03, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 707, Durazo. Open meetings: meeting and teleconference requirements.
(1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a
legislative body, as defined, of a local agency be open and public and that all persons be permitted
to attend and participate.
This bill would, beginning July 1, 2026, and until January 1, 2030, require an eligible legislative
body, as defined, to comply with additional meeting requirements, including that, except as
specified, all open and public meetings include an opportunity for members of the public to attend
via a 2-way telephonic service or a 2-way audiovisual platform, as defined, and that the eligible
legislative body take specified actions to encourage residents to participate in public meetings, as
specified. The bill would require an eligible legislative body, on or before July 1, 2026, to approve at
a noticed public meeting in open session a policy regarding disruption of telephonic or internet
services occurring during meetings subject to these provisions, as specified, and would require the
eligible legislative body to comply with certain requirements relating to disruption, including for
certain disruptions, recessing the open session for at least one hour and making a good faith
attempt to restore the service, as specified.
(2) Existing law prohibits a majority of the members of a legislative body, outside a meeting
authorized by the act, from using a series of communications of any kind to discuss, deliberate, or
take action on any item of business that is within the subject matter jurisdiction of the legislative
body. Existing law defines “meetings” for these purposes to mean any congregation of a majority of
the members of a legislative body at the same time and location, as specified, to hear, discuss,
deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative
body. Until January 1, 2026, existing law excepts from the prohibition a member engaging in
separate conversations or communications outside of a meeting with any other person using an
internet-based social media platform for specified purposes, provided, among other things, that a
majority of the members do not use the internet-based social media platform to discuss among
themselves business of a specific nature that is within the subject matter jurisdiction of the
legislative body.
This bill would make the above-described exception related to communications on an internet-
based social media platform applicable indefinitely.
(3) Existing law requires a legislative body, prior to taking final action, to orally report a summary
of a recommendation for a final action on specified forms of compensation for a local agency
executive, as defined, during the open meeting in which the final action is to be taken.
Page 151 of 180
This bill would also require the legislative body to make that oral report, as provided above, prior to
taking final action on those specified forms of compensation for a department head or other similar
administrative officer of the local agency.
(4) Existing law requires a legislative body of a local agency or its designee, at least 72 hours
before a regular meeting, to post an agenda that meets specified requirements, including that the
agenda contain a brief general description of each item of business to be transacted or discussed at
the meeting, as specified.
This bill would, beginning July 1, 2026, and until July 1, 2030, require the agenda for each meeting
of an eligible legislative body, as defined, to be translated into all applicable languages. The bill
would define “applicable languages” to mean languages, according to data from the most recent
American Community Survey, spoken jointly by 20% or more of the applicable population, as
specified, provided that 20% or more of the population that speaks that language that in that city
or county speaks English less than “very well,” as specified, and except as provided.
Existing law requires every agenda for regular meetings to provide an opportunity for members of
the public to directly address the legislative body on any item of interest of the public, as specified.
Existing law specifies that the agenda is not required to provide an opportunity for members of the
public to address the legislative body on any item that has already been considered by a
committee, as specified, except if the item has been substantially changed since the committee
heard the item, as determined by the legislative body.
This bill would add certain exceptions to the provision related to an item that has already been
considered by a committee, including excepting committees whose primary subject matter
jurisdiction focuses on elections, budgets, police oversight, privacy, removing from, or restricting
access to, materials available in public libraries, or taxes or related spending proposals, except as
specified.
(5) Existing law authorizes a legislative body of a local agency to require a copy of the act to be
given to each member of the legislative body and specified persons elected to serve as a member
of the legislative body, and authorizes an elected legislative body member to require a copy to be
given to each member of each legislative body all or a majority of whose members are appointed
by or under the authority of the elected legislative body.
This bill would instead require a local agency to provide a copy of the act to any person elected or
appointed to serve as a member of a legislative body of the local agency.
Existing law authorizes legislative bodies of local agencies to impose requirements upon themselves
which allow greater access to their meetings than prescribed by the minimal standards set forth in
the act, and authorizes an elected legislative body of a local agency to also impose those
requirements on those appointed legislative bodies of the local agency of which all or a majority of
the members are appointed by or under the authority of the elected legislative body.
This bill would remove the above-described requirement that members of an appointed legislative
body of a local agency must be appointed by or under the authority of the elected legislative body
of a local agency in order for the elected legislative body to impose the above-described
requirements on the appointed legislative body.
(6) Existing law provides any person attending an open and public meeting of a legislative body of
a local agency with the right to record the proceedings with an audio or visual recorder or a still or
motion picture camera, as specified.
This bill would remove the reference to an audio or visual recorder or a still or motion picture
camera for purposes of recording the proceedings, as described above.
(7) Existing law authorizes a legislative body of a local agency to use teleconferencing, as specified,
and requires a legislative body of a local agency that elects to use teleconferencing to comply with
specified general requirements, including that the local agency post agendas at all teleconference
Page 152 of 180
locations, identify each teleconference location in the notice and agenda of the meeting or
proceeding, and have each teleconference location be accessible to the public. Existing law also
requires that, during the teleconference, at least a quorum of the members of the legislative body
participate from locations within the boundaries of the territory over which the local agency
exercises jurisdiction, except as specified.
Existing law authorizes members who are outside the jurisdiction of a health authority, as defined,
that conducts a teleconferencing meeting to, notwithstanding the above-described general
teleconference provisions, count towards the establishment of a quorum when participating in the
teleconference if, among other things, at least 50% of the number of members that would establish
a quorum are present within the boundaries of the territory over which the authority exercises
jurisdiction.
Existing law authorizes, in certain circumstances, the legislative body of a local agency to use
specified alternative teleconferencing which include provisions related to, among others, notice of
the means by which members of the public may access the meeting and offer public comment and
identifying and including an opportunity for all persons to attend via a call-in option or an internet-
based service option. Those circumstances in which the legislative body of a local agency is
authorized to use the alternative teleconferencing provisions include specified circumstances
relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified
limitations, a member’s need to participate remotely due to just cause, defined to include, among
other things, a need related to a physical or mental disability, or emergency circumstances, as
defined, if certain quorum and disclosure requirements are met.
Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and
student body associations and student-run community college organizations to, until January 1,
2026, use alternate teleconferencing if, among other requirements, the city council or board of
trustees, as applicable, has adopted an authorizing resolution and 2/3 of the neighborhood city
council or specified student organization, as applicable, votes to use alternate teleconference
provisions, as specified.
This bill would revise and recast the above-specified teleconferencing and alternative
teleconferencing provisions to uniformly apply certain noticing, disclosure, accessibility, and public
commenting provisions. The bill would require a legislative body of a local agency that elects to use
teleconferencing pursuant to these alternative teleconferencing provisions to comply with, in
addition to any other applicable requirements under the act, specified requirements, including that
the legislative body provides at least either 2-way audiovisual platform or 2-way telephonic service
and a live webcasting of the meeting as a means by which the public may, among other things,
remotely hear and visually observe the meeting, and that a member of the legislative body who
participates in a teleconference meeting from a remote location pursuant to these alternative
teleconferencing provisions and the specific provision of law that the member relied upon to permit
their participation by teleconferencing are listed in the minutes of the meeting. The bill would
require a local agency to identify and make available to legislative bodies a list of one or more
meeting locations that may be available for use by the legislative bodies to conduct their meetings.
The bill would specify that nothing in the bill’s provisions is to be construed to prohibit a member of
a legislative body with a disability, as defined, from participating in any meeting of the legislative
body by remote participation as a reasonable accommodation pursuant to any applicable law. The
bill would apply certain provisions relative to, among other things, quorum establishment to that
circumstance.
The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting
pursuant to the above-described alternative teleconferencing provisions.
The bill would revise and recast the alternative teleconferencing provisions applicable in a state of
emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance
in which a legislative body of a local agency is authorized to use the alternative teleconferencing
provisions.
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The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a
member’s need to participate remotely due to just cause or emergency circumstances, as defined,
to remove the provision applicable to emergency circumstances, to revise related definitions,
including broadening the definition of just cause to include, among other things, a physical or
family medical emergency that prevents a member from attending in person, and to require the
minutes for a meeting to identify the specific provision of law that each member relied upon to
participate remotely, as specified. The bill would extend the authorization to use the alternative
teleconferencing provision until January 1, 2030.
The bill would revise and recast the alternative teleconferencing provisions applicable to
neighborhood councils and student body associations and student-run community college
organizations. In regards to the alternative teleconferencing provisions applicable to student body
associations and student-run community college organizations, the bill would exempt the California
Online Community College from specified requirements for an in-person quorum, a physical
location for public participation, and certain accommodations under the authorization, and remove
the ability for a person with a disability that requires certain accommodations to count towards the
in-person quorum requirement. The bill would specify that the student body associations and
student-run community college organizations described above are those in any community college
recognized within the California Community Colleges system, and would extend the authorization to
the Student Senate for California Community Colleges. The bill would extend the authorization to
use the alternative teleconferencing provisions applicable to neighborhood councils and student
body associations and student-run community college organizations until January 1, 2030.
The bill would, until January 1, 2030, also authorize a specified subsidiary body of local agencies to
conduct a teleconference meeting pursuant to the above-described alternative teleconferencing
provisions, provided that it complies with the requirements for alternative teleconferencing
described above and additional requirements, including that the subsidiary body designates one
physical meeting location within the boundaries of the legislative body that created the subsidiary
body where members of the subsidiary body who are not participating remotely shall be present
and members of the public may physically attend, observe, hear, and participate in the meeting, as
specified.
The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local
agencies to conduct a teleconference meeting pursuant to the above-described alternative
teleconferencing provisions, provided that it complies with the requirements for alternative
teleconferencing described above and additional requirements, including that the eligible
multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use
teleconferencing at a regular meeting in open session.
The bill would specify that these teleconferencing provisions are cumulative, and would authorize a
legislative body to elect to use any teleconferencing provisions that are applicable to a meeting,
regardless of whether any other teleconferencing provisions would also be applicable to that
meeting.
Existing law defines “teleconference” for purposes of the authorization for a legislative body of a
local agency to use teleconferencing to mean a meeting of a legislative body, the members of which
are in different locations, connected by electronic means, through either audio or video, or both.
This bill would specify that “teleconference” does not include the attendance of one or more
members of a legislative body in a meeting of the body solely by watching or listening via
webcasting or any other similar electronic medium that does not permit members to interactively
speak, discuss, or deliberate on matters.
(8) Existing law authorizes a special meeting to be called any time by, among other persons, the
presiding officer of the legislative body of a local agency, by delivering specified written notices and
posting a notice on the local agency’s internet website, if the local agency has one. Existing law
requires specified legislative bodies to comply with the internet website posting requirement.
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The bill would remove the requirement that only specified legislative bodies comply with the
internet website posting requirement, thereby imposing that requirement on all legislative bodies.
(9) Existing law authorizes a legislative body of a local agency to hold an emergency meeting
without complying with specified notice and posting requirements in the case of emergency
circumstances, as specified, and imposes various requirements under these provisions applicable to
either legislative bodies generally or legislative bodies which are a school board.
This bill would remove the school board distinction from the above-described provisions, thereby
imposing the same requirements to hold an emergency meeting on all legislative bodies of local
agencies.
By imposing additional duties on legislative bodies of local agencies, the bill would impose a state-
mandated local program.
(10) Existing law authorizes, in addition to other related specified authorizations, the presiding
member of the legislative body conducting a meeting or their designee to remove, or cause the
removal of, an individual for disrupting the meeting. Existing law defines “disrupting” for these
purposes to mean engaging in behavior during a meeting of a legislative body that actually
disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, as specified.
This bill would specify that a meeting for purposes of that provision includes any teleconferenced
meeting. The bill would specify that the existing authority of a legislative body or its presiding
officer to remove or limit participation by persons who engage in behavior that actually disrupts,
disturbs, impedes, or renders infeasible the orderly conduct of the meeting, as specified, applies to
members of the public participating in a meeting via a 2-way telephonic service or a 2-way
audiovisual platform, as those terms are defined.
(11) The bill would make other updates to references in the act.
(12) Existing constitutional provisions require that a statute that limits the right of access to the
meetings of public bodies or the writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(13) The California Constitution requires local agencies, for the purpose of ensuring public access to
the meetings of public bodies and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public records or open meetings and
contains findings demonstrating that the enactment furthers the constitutional requirements
relating to this purpose.
This bill would make legislative findings to that effect.
(14) The bill would include findings that changes proposed by this bill address a matter of
statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter
cities.
(15) The California Constitution requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
Page 155 of 180
Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Section 54952.2 of the Government Code, as amended by Section 1 of Chapter 89
of the Statutes of 2020, is amended to read:
54952.2. (a) As used in this chapter, “meeting” means any congregation of a majority of the
members of a legislative body at the same time and location, including teleconference location as
permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within
the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by
this chapter, use a series of communications of any kind, directly or through intermediaries, to
discuss, deliberate, or take action on any item of business that is within the subject matter
jurisdiction of the legislative body.
(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency,
from engaging in separate conversations or communications outside of a meeting authorized by
this chapter with members of a legislative body in order to answer questions or provide
information regarding a matter that is within the subject matter jurisdiction of the local agency, if
that person does not communicate to members of the legislative body the comments or position
of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from
engaging in separate conversations or communications on an internet-based social media
platform to answer questions, provide information to the public, or to solicit information from the
public regarding a matter that is within the subject matter jurisdiction of the legislative body
provided that a majority of the members of the legislative body do not use the internet-based
social media platform to discuss among themselves business of a specific nature that is within the
subject matter jurisdiction of the legislative body. A member of the legislative body shall not
respond directly to any communication on an internet-based social media platform regarding a
matter that is within the subject matter jurisdiction of the legislative body that is made, posted,
or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an
internet-based social media platform between members of a legislative body, including
comments or use of digital icons that express reactions to communications made by other
members of the legislative body.
(ii) “Internet-based social media platform” means an online service that is open and
accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the
ability to access and participate, free of charge, in the social media platform without the
approval by the social media platform or a person or entity other than the social media
platform, including any forum and chatroom, and cannot be blocked from doing so, except
when the internet-based social media platform determines that an individual violated its
protocols or rules.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
Page 156 of 180
(1) Individual contacts or conversations between a member of a legislative body and any other
person that do not violate subdivision (b).
(2) The attendance of a majority of the members of a legislative body at a conference or similar
gathering open to the public that involves a discussion of issues of general interest to the public
or to public agencies of the type represented by the legislative body, provided that a majority of
the members do not discuss among themselves, other than as part of the scheduled program,
business of a specified nature that is within the subject matter jurisdiction of the local agency.
Nothing in this paragraph is intended to allow members of the public free admission to a
conference or similar gathering at which the organizers have required other participants or
registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open and publicized
meeting organized to address a topic of local community concern by a person or organization
other than the local agency, provided that a majority of the members do not discuss among
themselves, other than as part of the scheduled program, business of a specific nature that is
within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed
meeting of another body of the local agency, or at an open and noticed meeting of a legislative
body of another local agency, provided that a majority of the members do not discuss among
themselves, other than as part of the scheduled meeting, business of a specific nature that is
within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or
ceremonial occasion, provided that a majority of the members do not discuss among themselves
business of a specific nature that is within the subject matter jurisdiction of the legislative body
of the local agency.
(6) The attendance of a majority of the members of a legislative body at an open and noticed
meeting of a standing committee of that body, provided that the members of the legislative body
who are not members of the standing committee attend only as observers.
SEC. 2. Section 54952.2 of the Government Code, as added by Section 2 of Chapter 89 of the
Statutes of 2020, is repealed.
SEC. 3. Section 54952.7 of the Government Code is amended to read:
54952.7. A local agency shall provide a copy of this chapter to any person elected or appointed to
serve as a member of a legislative body of the local agency.
SEC. 4. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the
Statutes of 2023, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all
persons shall be permitted to attend any meeting of the legislative body of a local agency, except
as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in
connection with any meeting or proceeding authorized by law. The teleconferenced meeting or
proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise
applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection
with any meeting within the subject matter jurisdiction of the legislative body. If the legislative
body of a local agency elects to use teleconferencing, the legislative body of a local agency shall
comply with all of the following:
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(A) All votes taken during a teleconferenced meeting shall be by rollcall.
(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory
and constitutional rights of the parties or the public appearing before the legislative body of a
local agency.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise
required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the
agenda shall provide an opportunity for members of the public to address the legislative body
directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at
all teleconference locations. Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference location shall be accessible to the
public. During the teleconference, at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory over which the local agency
exercises jurisdiction, except as expressly provided in this chapter.
(4) The teleconferencing requirements of this subdivision shall not apply to remote participation
described in subdivision (c).
(c) (1) Nothing in this chapter shall be construed to prohibit a member of a legislative body with a
disability from participating in any meeting of the legislative body by remote participation as a
reasonable accommodation pursuant to any applicable law.
(2) A member of a legislative body participating in a meeting by remote participation pursuant to
this subdivision shall do both of the following:
(A) The member shall participate through both audio and visual technology, except that any
member with a disability, as defined in Section 12102 of Title 42 of the United States Code,
may participate only through audio technology if a physical condition related to their disability
results in a need to participate off camera.
(B) The member shall disclose at the meeting before any action is taken, whether any other
individuals 18 years of age or older are present in the room at the remote location with the
member, and the general nature of the member’s relationship with any of those individuals.
(3) Remote participation under this subdivision shall be treated as in-person attendance at the
physical meeting location for all purposes, including any requirement that a quorum of the
legislative body participate from any particular location. The provisions of subdivision (b) and
Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this
subdivision.
(d) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or
abstention on that action of each member present for the action.
(3) (A) Prior to taking final action, the legislative body shall orally report a summary of a
recommendation for a final action on the salaries, salary schedules, or compensation paid in the
form of fringe benefits of either of the following during the open meeting in which the final action
is to be taken:
(i) A local agency executive, as defined in subdivision (d) of Section 3511.1.
(ii) A department head or other similar administrative officer of the local agency.
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(B) This paragraph shall not affect the public’s right under the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records
created or received in the process of developing the recommendation.
(e) For purposes of this section, both of the following definitions apply:
(1) “Disability” means a physical disability or a mental disability as those terms are defined in
Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42
of the United States Code.
(2) (A) “Teleconference” means a meeting of a legislative body, the members of which are in
different locations, connected by electronic means, through either audio or video, or both.
(B) Notwithstanding subparagraph (A), “teleconference” does not include one or more
members watching or listening to a meeting via webcasting or any other similar electronic
medium that does not permit members to interactively speak, discuss, or deliberate on
matters.
(3) “Remote participation” means participation in a meeting by teleconference at a location other
than any physical meeting location designated in the notice of the meeting.
SEC. 5. Section 54953.4 is added to the Government Code, to read:
54953.4. (a) The Legislature finds and declares that public access, including through translation of
agendas as required by this section, is necessary for an informed populace. The Legislature
encourages local agencies to adopt public access requirements that exceed the requirements of this
chapter by translating additional languages, employing human translators, and conducting
additional outreach.
(b) (1) In addition to any other applicable requirements of this chapter, a meeting held by a eligible
legislative body pursuant to this chapter shall comply with both of the following requirements:
(A) (i) (I) (ia) All open and public meetings shall include an opportunity for members of the
public to attend via a two-way telephonic service or a two-way audiovisual platform, except if
adequate telephonic or internet service is not operational at the meeting location. If adequate
telephonic or internet service is operational at the meeting location during only a portion of
the meeting, the legislative body shall include an opportunity for members of the public to
attend via a two-way telephonic service or a two-way audiovisual platform during that portion
of the meeting.
(ib) (Ia) On or before July 1, 2026, an eligible legislative body shall approve at a
noticed public meeting in open session, not on the consent calendar, a policy
regarding disruption of telephonic or internet service occurring during meetings
subject to this sub-subclause. The policy shall address the procedures for recessing
and reconvening a meeting in the event of disruption and the efforts that the eligible
legislative body shall make to attempt to restore the service.
(Ib) If a disruption of telephonic or internet service that prevents members of the
public from attending or observing the meeting via the two-way telephonic service
or two-way audiovisual platform occurs during the meeting, the eligible legislative
body shall recess the open session of the meeting for at least one hour and make
a good faith attempt to restore the service. The eligible legislative body may meet
in closed session during this period. The eligible legislative body shall not
reconvene the open session of the meeting until at least one hour following the
disruption, or until telephonic or internet service is restored, whichever is earlier.
(Ic) Upon reconvening the open session, if telephonic or internet service has not
been restored, the eligible legislative body shall adopt a finding by rollcall vote
that good faith efforts to restore the telephonic or internet service have been
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made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia)
and that the public interest in continuing the meeting outweighs the public interest
in remote public access.
(II) Subclause (I) does not apply to a meeting that is held to do any of the following:
(ia) Attend a judicial or administrative proceeding to which the local agency is a
party.
(ib) Inspect real or personal property provided that the topic of the meeting is limited
to items directly related to the real or personal property.
(ic) Meet with elected or appointed officials of the United States or the State of
California, solely to discuss a legislative or regulatory issue affecting the local agency
and over which the federal or state officials have jurisdiction.
(id) Meet in or nearby a facility owned by the agency, provided that the topic of the
meeting is limited to items directly related to the facility.
(ie) Meet in an emergency situation pursuant to Section 54956.5.
(ii) If an eligible legislative body elects to provide a two-way audiovisual platform, the
eligible legislative body shall publicly post and provide a call-in option, and activate any
automatic captioning function during the meeting if an automatic captioning function is
included with the two-way audiovisual platform. If an eligible legislative body does not elect
to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-
way telephonic service for the public to participate in the meeting, pursuant to subclause
(I).
(B) (i) All open and public meetings for which attendance via a two-way telephonic service or
a two-way audiovisual platform is provided in accordance with paragraph (1) shall provide the
public with an opportunity to provide public comment in accordance with Section 54954.3 via
the two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the
members of the public participating via a two-way telephonic or two-way audiovisual platform
to provide public comment with the same time allotment as a person attending a meeting in
person.
(2) (A) An eligible legislative body shall reasonably assist members of the public who wish to
translate a public meeting into any language or wish to receive interpretation provided by
another member of the public, so long as the interpretation is not disrupting to the meeting, as
defined in Section 54957.95. The eligible legislative body shall publicize instructions on how to
request assistance under this subdivision. Assistance may include any of the following, as
determined by the eligible legislative body:
(i) Arranging space for one or more interpreters at the meeting location.
(ii) Allowing extra time during the meeting for interpretation to occur.
(iii) Ensuring participants may utilize their personal equipment or reasonably access
facilities for participants to access commercially available interpretation services.
(B) This section does not require an eligible legislative body to provide interpretation of any
public meeting, however, an eligible legislative body may elect to provide interpretation of any
public meeting.
(C) The eligible legislative body is not responsible for the content or accuracy of any
interpretation facilitated, assisted with, or provided under this subdivision. An action shall not
be commenced or maintained against the eligible legislative body arising from the content or
accuracy of any interpretation facilitated, assisted with, or provided under this subdivision.
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(3) An eligible legislative body shall take the following actions to encourage residents, including
those in underrepresented communities and non-English-speaking communities, to participate in
public meetings:
(A) Have in place a system for electronically accepting and fulfilling requests for meeting
agendas and documents pursuant to Section 54954.1 through email or through an integrated
agenda management platform. Information about how to make a request using this system
shall be accessible through a prominent direct link posted on the primary internet website
home page of the eligible legislative body.
(B) (i) Create and maintain an accessible internet webpage dedicated to public meetings that
includes, or provides a link to, all of the following information:
(I) A general explanation of the public meeting process for the eligible legislative body.
(II) An explanation of the procedures for a member of the public to provide in-person or
remote oral public comment during a public meeting or to submit written public
comment.
(III) A calendar of all public meeting dates with calendar listings that include the date,
time, and location of each public meeting.
(IV) The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section
54954.2.
(ii) The eligible legislative body shall include a link to the webpage required by
subparagraph (A) on the home page of the eligible legislative body’s internet website.
(C) (i) Make reasonable efforts, as determined by the legislative body, to invite groups that do
not traditionally participate in public meetings to attend those meetings, which may include,
but are not limited to, all the following:
(I) Media organizations that provide news coverage in the jurisdiction of the eligible
legislative body, including media organizations that serve non-English-speaking
communities.
(II) Good government, civil rights, civic engagement, neighborhood, and community
group organizations, or similar organizations that are active in the jurisdiction of the
eligible legislative body, including organizations active in non-English-speaking
communities.
(ii) Legislative bodies shall have broad discretion in the choice of reasonable efforts they
make under this subparagraph. No action shall be commenced or maintained against an
eligible legislative body arising from failing to provide public meeting information to any
specific group pursuant to this subparagraph.
(c) (1) (A) The agenda for each meeting of an eligible legislative body shall be translated into all
applicable languages, and each translation shall be posted in accordance with Section 54954.2.
Each translation shall include instructions in the applicable language describing how to join the
meeting by the telephonic or internet-based service option, including any requirements for
registration for public comment.
(B) The accessible internet webpage provided under subparagraph (B) of paragraph (3) of
subdivision (b) shall be translated into all applicable languages, and each translation shall be
accessible through a prominent direct link posted on the primary internet website home page
of the eligible legislative body.
(2) A translation made using a digital translation service shall satisfy the requirements of
paragraph (1).
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(3) The eligible legislative body shall make available a physical location that is freely accessible to
the public in reasonable proximity to the physical location in which the agenda and translations
are posted as described in paragraph (1), and shall allow members of the public to post
additional translations of the agenda in that location.
(4) The eligible legislative body is not responsible for the content or accuracy of any translation
provided pursuant to this subdivision. No action shall be commenced or maintained against an
eligible legislative body arising from the content, accuracy, posting, or removal of any translation
provided by the eligible legislative body or posted by any person pursuant to this subdivision.
(5) For the purposes of this section, the agenda does not include the entire agenda packet.
(d) This section shall not be construed to affect or supersede any other applicable civil rights,
nondiscrimination, or public access laws.
(e) For purposes of this section, all of the following definitions apply:
(1) (A) “Applicable languages” means languages, according to data from the most recent
American Community Survey, spoken jointly by 20 percent or more of the applicable population,
provided that 20 percent or more of the population that speaks that language in that city or
county speaks English less than “very well.”
(B) For the purposes of subparagraph (A), the applicable population shall be determined as
follows:
(i) For an eligible legislative body that is a city council or county board of supervisors, the
applicable population shall be the population of the city or county.
(ii) For an eligible legislative body of a special district, the applicable population shall be
either of the following, at the discretion of the board of directors of the special district:
(I) The population of the county with the greatest population within the boundaries of
the special district.
(II) The population of the service area of the special district, if the special district has
the data to determine what languages spoken by the population within its service area
meet the requirements of paragraph (A).
(C) If more than three languages meet the criteria set forth in subparagraph (A), “applicable
languages” shall mean the three languages described in subparagraph (A) that are spoken by
the largest percentage of the population.
(D) An eligible legislative body may elect to determine the applicable languages based upon a
source other than the most recent American Community Survey if it makes a finding, based
upon substantial evidence, that the other source provides equally or more reliable data for the
territory over which the eligible legislative body exercises jurisdiction.
(2) “Eligible legislative body” means any of the following:
(A) A city council of a city with a population of 30,000 or more.
(B) A county board of supervisors of a county, or city and county, with a population of 30,000
or more.
(C) A city council of a city located in a county with a population of 600,000 or more.
(D) The board of directors of a special district that has an internet website and meets any of
the following conditions:
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(i) The boundaries of the special district include the entirety of a county with a population
of 600,000 or more, and the special district has over 200 full-time equivalent employees.
(ii) The special district has over 1,000 full-time equivalent employees.
(iii) The special district has annual revenues, based on the most recent Financial
Transaction Report data published by the California State Controller, that exceed four
hundred million dollars ($400,000,000), adjusted annually for inflation commencing
January 1, 2027, as measured by the percentage change in the California Consumer Price
Index from January 1 of the prior year to January 1 of the current year, and the special
district employs over 200 full-time equivalent employees.
(3) “Two-way audiovisual platform” means an online platform that provides participants with the
ability to participate in a meeting via both an interactive video conference and a two-way
telephonic service.
(4) “Two-way telephonic service” means a telephone service that does not require internet access
and allows participants to dial a telephone number to listen and verbally participate.
(f ) This section shall become operative on July 1, 2026.
(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 6. Section 54953.5 of the Government Code is amended to read:
54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency
shall have the right to record the proceedings in the absence of a reasonable finding by the
legislative body of the local agency that the recording cannot continue without noise, illumination,
or obstruction of view that constitutes, or would constitute, a persistent disruption of the
proceedings.
(b) Any recording of an open and public meeting made for whatever purpose by or at the direction
of the local agency shall be subject to inspection pursuant to the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090,
may be erased or destroyed 30 days after the recording. Any inspection of an audio or video
recording shall be provided without charge on equipment made available by the local agency.
SEC. 7. Section 54953.7 of the Government Code is amended to read:
54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose
requirements upon themselves which allow greater access to their meetings than prescribed by the
minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a
local agency may impose those requirements on appointed legislative bodies of the local agency.
SEC. 8. Section 54953.8 is added to the Government Code, to read:
54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by
subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of
subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to
54953.8.7, inclusive.
(b) A legislative body that holds a teleconference meeting pursuant to this section shall, in addition
to any other applicable requirements of this chapter, comply with all of the following:
(1) The legislative body shall provide at least one of the following as a means by which the public
may remotely hear and visually observe the meeting, and remotely address the legislative body:
(A) A two-way audiovisual platform.
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(B) A two-way telephonic service and a live webcasting of the meeting.
(2) In each instance in which notice of the time of the teleconference meeting held pursuant to
this section is otherwise given or the agenda for the meeting is otherwise posted, the legislative
body shall also give notice of the means by which members of the public may access the meeting
and offer public comment. The agenda shall identify and include an opportunity for all persons to
attend via a call-in option or an internet-based service option.
(3) In the event of a disruption that prevents the legislative body from broadcasting the meeting
to members of the public using the call-in option or internet-based service option, or in the event
of a disruption within the local agency’s control that prevents members of the public from offering
public comments using the call-in option or internet-based service option, the legislative body
shall take no further action on items appearing on the meeting agenda until public access to the
meeting via the call-in option or internet-based service option is restored. Actions taken on
agenda items during a disruption that prevents the legislative body from broadcasting the
meeting may be challenged pursuant to Section 54960.1.
(4) The legislative body shall not require public comments to be submitted in advance of the
meeting and must provide an opportunity for the public to address the legislative body and offer
comment in real time.
(5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through
the use of an internet website, or other online platform, not under the control of the local
legislative body, that requires registration to log in to a teleconference may be required to
register as required by the third-party internet website or online platform to participate.
(6) (A) A legislative body that provides a timed public comment period for each agenda item shall
not close the public comment period for the agenda item, or the opportunity to register, pursuant
to paragraph (5), to provide public comment until that timed public comment period has elapsed.
(B) A legislative body that does not provide a timed public comment period, but takes public
comment separately on each agenda item, shall allow a reasonable amount of time per
agenda item to allow public members the opportunity to provide public comment, including
time for members of the public to register pursuant to paragraph (5), or otherwise be
recognized for the purpose of providing public comment.
(C) A legislative body that provides a timed general public comment period that does not
correspond to a specific agenda item shall not close the public comment period or the
opportunity to register, pursuant to paragraph (5), until the timed general public comment
period has elapsed.
(7) Any member of the legislative body who participates in a teleconference meeting from a
remote location pursuant to this section and the specific provision of law that the member relied
upon to permit their participation by teleconferencing shall be listed in the minutes of the
meeting.
(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving
requests for reasonable accommodation for individuals with disabilities, consistent with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt
in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise
given or the agenda for the meeting is otherwise posted, the legislative body shall also give
notice of the procedure for receiving and resolving requests for accommodation.
(9) The legislative body shall conduct meetings subject to this chapter consistent with applicable
civil rights and nondiscrimination laws.
(c) A local agency shall identify and make available to legislative bodies a list of one or more
meeting locations that may be available for use by the legislative bodies to conduct their meetings.
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(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with
additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing the public with
additional physical locations in which the public may observe and address the legislative body by
electronic means.
(e) A member of a legislative body who participates in a teleconference meeting from a remote
location pursuant to this section shall publicly disclose at the meeting before any action is taken
whether any other individuals 18 years of age or older are present in the room at the remote
location with the member, and the general nature of the member’s relationship with those
individuals.
(f ) The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to
54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing
provisions that are applicable to a meeting, regardless of whether any other teleconferencing
provisions would also be applicable to that meeting.
(g) For purposes of this section, the following definitions apply:
(1) “Remote location” means a location from which a member of a legislative body participates in
a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location
designated in the notice of the meeting. Remote locations need not be accessible to the public.
(2) “Teleconference” means a meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or video, or both.
(3) “Two-way audiovisual platform” means an online platform that provides participants with the
ability to participate in a meeting via both an interactive video conference and a two-way
telephonic service. A two-way audiovisual platform may be structured to disable the use of video
for the public participants.
(4) “Two-way telephonic service” means a telephone service that does not require internet access
and allows participants to dial a telephone number to listen and verbally participate.
(5) “Webcasting” means a streaming video broadcast online or on television, using streaming
media technology to distribute a single content source to many simultaneous listeners and
viewers.
SEC. 9. Section 54953.8.1 is added to the Government Code, to read:
54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8,
provided that it complies with the requirements of that section.
(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority
members from regularly meeting at a common physical site within the jurisdiction of the authority
or from using teleconference locations within or near the jurisdiction of the authority.
(c) For purposes of this section, a health authority means any entity created pursuant to Sections
14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and
Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3
of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health
plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health
and Safety Code if the advisory committee has 12 or more members.
SEC. 10. Section 54953.8.2 is added to the Government Code, to read:
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54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to
Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it
complies with the requirements of that section and the teleconferencing is used in either of the
following circumstances:
(1) For the purpose of determining, by majority vote, whether as a result of the emergency,
meeting in person would present imminent risks to the health or safety of attendees.
(2) After a determination described in paragraph (1) is made that, as a result of the emergency,
meeting in person would present imminent risks to the health or safety of attendees.
(b) If the state of emergency or local emergency remains active, in order to continue to
teleconference pursuant to this section, the legislative body shall, no later than 45 days after
teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the
following findings by majority vote:
(1) The legislative body has reconsidered the circumstances of the state of emergency or local
emergency.
(2) The state of emergency or local emergency continues to directly impact the ability of the
members to meet safely in person.
(c) This section shall not be construed to require the legislative body to provide a physical location
from which the public may attend or comment.
(d) Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body
conducting a teleconference meeting pursuant to this section may elect to use a two-way
telephonic service without a live webcasting of the meeting.
(e) For purposes of this section, the following definitions apply:
(1) “Local emergency” means a condition of extreme peril to persons or property proclaimed by
the governing body of the local agency affected, in accordance with Section 8630 of the California
Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as
defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of
the Health and Safety Code. Local emergency, as used in this section, refers only to local
emergencies in the boundaries of the territory over which the local agency exercises jurisdiction.
(2) “State of emergency” means state of emergency proclaimed pursuant to Section 8625 of the
California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of
Title 2).
SEC. 11. Section 54953.8.3 is added to the Government Code, to read:
54953.8.3. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to
Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the
legislative body participates in person from a singular physical location clearly identified on the
agenda, which location shall be open to the public and situated within the boundaries of the
territory over which the local agency exercises jurisdiction, provided that the legislative body
complies with the requirements of Section 54953.8 and all of the following additional requirements:
(1) A member of the legislative body notifies the legislative body at the earliest opportunity
possible, including at the start of a regular meeting, of their need to participate remotely for just
cause, including a general description of the circumstances relating to their need to appear
remotely at the given meeting.
(2) The member shall participate through both audio and visual technology.
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(3) (A) The provisions of this subdivision shall not serve as a means for any member of a
legislative body to participate in meetings of the legislative body solely by teleconference from a
remote location for just cause for more than the following number of meetings, as applicable:
(i) Two meetings per year, if the legislative body regularly meets once per month or less.
(ii) Five meetings per year, if the legislative body regularly meets twice per month.
(iii) Seven meetings per year, if the legislative body regularly meets three or more times
per month.
(B) For the purpose of counting meetings attended by teleconference under this paragraph, a
“meeting” shall be defined as any number of meetings of the legislative body of a local agency
that begin on the same calendar day.
(b) The minutes for the meeting shall identify the specific provision in subdivision (c) that each
member relied upon to participate remotely. This subdivision shall not be construed to require the
member to disclose any medical diagnosis or disability, or any personal medical information that is
otherwise exempt under existing law, including, but not limited to, the Confidentiality of Medical
Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil
Code).
(c) For purposes of this section, “just cause” means any of the following:
(1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or
domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,”
“grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2.
(2) A contagious illness that prevents a member from attending in person.
(3) A need related to a physical or mental condition that is not subject to subdivision (c) of
Section 54953.
(4) Travel while on official business of the legislative body or another state or local agency.
(5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic
partner of the member that requires the member to participate remotely.
(6) A physical or family medical emergency that prevents a member from attending in person.
(7) Military service obligations that result in a member being unable to attend in person because
they are serving under official written orders for active duty, drill, annual training, or any other
duty required as a member of the California National Guard or a United States Military Reserve
organization that requires the member to be at least 50 miles outside the boundaries of the local
agency.
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 12. Section 54953.8.4 is added to the Government Code, to read:
54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to
Section 54953.8, provided that it complies with the requirements of that section and all of the
following have occurred:
(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether
to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as
described in this section at an open and regular meeting.
(B) If the city council adopts a resolution described in subparagraph (A), an eligible
neighborhood council may elect to use teleconferencing pursuant to this section if a majority
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of the eligible neighborhood council votes to do so. The eligible neighborhood council shall
notify the city council if it elects to use teleconferencing pursuant to this section and its
justification for doing so.
(C) Upon receiving notification from an eligible neighborhood council described in
subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood
council from using teleconferencing pursuant to this section.
(2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible
neighborhood council that holds a meeting pursuant to this subdivision shall do all of the
following:
(A) At least a quorum of the members of the eligible neighborhood council shall participate
from locations within the boundaries of the city in which the eligible neighborhood council is
established.
(B) At least once per year, at least a quorum of the members of the eligible neighborhood
council shall participate in person from a singular physical location that is open to the public
and within the boundaries of the eligible neighborhood council.
(3) If the meeting is during regular business hours of the offices of the city council member that
represents the area that includes the eligible neighborhood council, the eligible neighborhood
council shall provide a publicly accessible physical location from which the public may attend or
comment, which shall be the offices of the city council member who represents the area where
the eligible neighborhood council is located, unless the eligible neighborhood council identifies an
alternative location.
(4) If the meeting is outside regular business hours, the eligible neighborhood council shall make
reasonable efforts to accommodate any member of the public that requests an accommodation to
participate in the meeting.
(b) For purposes of this section, the following definitions apply:
(1) “Accommodation” means providing a publicly accessible physical location for the member of
the public to participate from, providing access to technology necessary to participate in the
meeting, or identifying locations or resources available that could provide the member of the
public with an opportunity to participate in the meeting.
(2) “Eligible neighborhood council” means a neighborhood council that is an advisory body with
the purpose to promote more citizen participation in government and make government more
responsive to local needs that is established pursuant to the charter of a city with a population of
more than 3,000,000 people that is subject to this chapter.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 13. Section 54953.8.5 is added to the Government Code, to read:
54953.8.5. (a) An eligible community college student organization may conduct a teleconference
meeting pursuant to Section 54953.8, provided that it complies with the requirements of that
section and all of the following additional requirements:
(1) An eligible community college student organization may only use teleconferencing as
described in Section 54953.8 after all the following have occurred:
(A) The board of trustees for a community college district considers whether to adopt a
resolution to authorize eligible community college student organizations to use
teleconferencing as described in this section at an open and regular meeting.
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(B) If the board of trustees for a community college district adopts a resolution described in
subparagraph (A), an eligible community college student organization may elect to use
teleconferencing pursuant to this section if a majority of the eligible community college
student organization votes to do so. The eligible community college student organization shall
notify the board of trustees if it elects to use teleconferencing pursuant to this section and its
justification for doing so.
(C) Upon receiving notification from an eligible community college student organization as
described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the
eligible community college student organization from using teleconferencing pursuant to this
section.
(D) (i) Except as specified in clause (ii), at least a quorum of the members of the eligible
community college student organization shall participate from a singular physical location that
is accessible to the public and is within the community college district in which the eligible
community college student organization is established.
(ii) The requirements described in clause (i) shall not apply to the California Online
Community College.
(iii) Notwithstanding the requirements of clause (i), a person may count toward the
establishment of a quorum pursuant to clause (i) regardless of whether the person is
participating at the in-person location of the meeting or remotely if the person meets any
of the following criteria:
(I) The person is under 18 years of age.
(II) The person is incarcerated.
(III) The person is unable to disclose the location that they are participating from
because of either of the following circumstances:
(ia) The person has been issued a protective court order, including, but not limited to,
a domestic violence restraining order.
(ib) The person is participating in a program that has to remain confidential,
including, but not limited to, an independent living program.
(IV) The person provides childcare or caregiving to a child, parent, grandparent,
grandchild, sibling, spouse, or domestic partner that requires them to participate
remotely. For purposes of this subclause, “child,” “parent,” “grandparent,” “grandchild,”
and “sibling” have the same meaning as those terms are defined in Section 12945.2.
(2) An eligible community college student organization that holds a meeting by teleconference as
described in Section 54953.8 shall do the following, as applicable:
(A) (i) Except as specified in subparagraph (B), if the meeting is during regular business hours
of the offices of the board of trustees of the community college district, the eligible community
college student organization shall provide a publicly accessible physical location from which
the public may attend or comment, which shall be the offices of the board of trustees of the
community college district, unless the eligible community college student organization
identifies an alternative location.
(ii) Except as specified in subparagraph (B), if the meeting is outside regular business
hours, the eligible community college student organization shall make reasonable efforts to
accommodate any member of the public that requests an accommodation to participate in
the meeting. For the purposes of this subparagraph, “accommodation” means providing a
publicly accessible physical location for the member of the public to participate from,
providing access to technology necessary to participate in the meeting, or identifying
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locations or resources available that could provide the member of the public with an
opportunity to participate in the meeting.
(B) The requirements described in subparagraph (A) shall not apply to the California Online
Community College.
(b) For purposes of this section, “eligible community college student organization” means a student
body association organized pursuant to Section 76060 of the Education Code, or any other student-
run community college organization that is required to comply with the meeting requirements of
this chapter, that is in any community college recognized within the California Community Colleges
system and includes the Student Senate for California Community Colleges.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 14. Section 54953.8.6 is added to the Government Code, to read:
54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section
54953.8, provided that it complies with the requirements of that section and all of the following
additional requirements:
(1) The eligible subsidiary body shall designate one physical meeting location within the
boundaries of the legislative body that created the eligible subsidiary body where members of the
subsidiary body who are not participating remotely shall be present and members of the public
may physically attend, observe, hear, and participate in the meeting. At least one staff member
of the eligible subsidiary body or the legislative body that created the eligible subsidiary body
shall be present at the physical meeting location during the meeting. The eligible subsidiary body
shall post the agenda at the physical meeting location, but need not post the agenda at a remote
location.
(2) (A) A member of the eligible subsidiary body shall visibly appear on camera during the open
portion of a meeting that is publicly accessible via the internet or other online platform, except if
the member has a physical or mental condition not subject to subdivision (c) of Section 54953
that results in a need to participate off camera.
(B) The visual appearance of a member of the eligible subsidiary body on camera may cease
only when the appearance would be technologically infeasible, including, but not limited to,
when the member experiences a lack of reliable broadband or internet connectivity that would
be remedied by joining without video.
(C) If a member of the eligible subsidiary body does not appear on camera due to challenges
with internet connectivity, the member shall announce the reason for their nonappearance
prior to turning off their camera.
(3) An elected official serving as a member of an eligible subsidiary body in their official capacity
shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to
this section unless the use of teleconferencing complies with the requirements of paragraph (3)
of subdivision (b) of Section 54953.
(4) (A) In order to use teleconferencing pursuant to this section, the legislative body that
established the eligible subsidiary body by charter, ordinance, resolution, or other formal action
shall make the following findings by majority vote before the eligible subsidiary body uses
teleconferencing pursuant to this section for the first time, and every six months thereafter:
(i) The legislative body has considered the circumstances of the eligible subsidiary body.
(ii) Teleconference meetings of the eligible subsidiary body would enhance public access to
meetings of the eligible subsidiary body, and the public has been made aware of the type of
remote participation, including audio-visual or telephonic, that will be made available at a
regularly scheduled meeting and has been provided the opportunity to comment at an in-
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person meeting of the legislative body authorizing the subsidiary body to meet entirely
remotely.
(iii) Teleconference meetings of the eligible subsidiary body would promote the attraction,
retention, and diversity of eligible subsidiary body members.
(B) (i) An eligible subsidiary body authorized to use teleconferencing pursuant to this section
may request to present any recommendations it develops to the legislative body that created
it.
(ii) Upon receiving a request described in clause (i), the legislative body that created the
subsidiary body shall hold a discussion at a regular meeting held within 60 days after the
legislative body receives the request, or if the legislative body does not have another
regular meeting scheduled within 60 days after the legislative body receives the request, at
the next regular meeting after the request is received.
(iii) The discussion required by clause (ii) shall not be placed on a consent calendar, but
may be combined with the legislative body’s subsequent consideration of the findings
described in subparagraph (A) for the following 12 months.
(iv) The legislative body shall not take any action on any recommendations included in the
report of a subsidiary body until the next regular meeting of the legislative body following
the discussion described in clause (ii).
(C) After the legislative body makes the findings described in subparagraph (A), the eligible
subsidiary body shall approve the use of teleconferencing by majority vote before using
teleconference pursuant to this section.
(D) The legislative body that created the eligible subsidiary body may elect to prohibit the
eligible subsidiary body from using teleconferencing pursuant to this section at any time.
(b) (1) For purposes of this section, “eligible subsidiary body” means a legislative body that meets
all of the following:
(A) Is described in subdivision (b) of Section 54952.
(B) Serves exclusively in an advisory capacity.
(C) Is not authorized to take final action on legislation, regulations, contracts, licenses,
permits, or any other entitlements, grants, or allocations of funds.
(D) Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance,
a resolution, or any formal action of the legislative body that created the subsidiary body, that
focuses on elections, budgets, police oversight, privacy, removing from, or restricting access
to, materials available in public libraries, or taxes or related spending proposals.
(2) An eligible subsidiary body may include members who are elected officials, members who are
not elected officials, or any combination thereof.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 15. Section 54953.8.7 is added to the Government Code, to read:
54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to
Section 54953.8, provided that it complies with the requirements of that section and all of the
following additional requirements:
(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible
multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in
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open session.
(2) At least a quorum of the members of the eligible multijurisdictional body shall participate
from one or more physical locations that are open to the public and within the boundaries of the
territory over which the local agency exercises jurisdiction.
(3) A member of the eligible multijurisdictional body who receives compensation for their service
on the eligible multijurisdictional body shall participate from a physical location that is open to
the public. For purposes of this paragraph, “compensation” does not include reimbursement for
actual and necessary expenses.
(4) A member of the eligible multijurisdictional body may participate from a remote location
provided that:
(A) The eligible multijurisdictional body identifies each member of the eligible
multijurisdictional body who plans to participate remotely in the agenda.
(B) The member shall participate through both audio and visual technology.
(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely
pursuant to this section, unless the location from which the member participates is more than 20
miles each way from any physical location of the meeting described in paragraph (2).
(6) The provisions of this section shall not serve as a means for any member of a legislative body
to participate in meetings of the legislative body solely by teleconference from a remote location
for more than the following number of meetings, as applicable:
(A) Two meetings per year, if the legislative body regularly meets once per month or less.
(B) Five meetings per year, if the legislative body regularly meets twice per month.
(C) Seven meetings per year, if the legislative body regularly meets three or more times per
month.
(D) For the purpose of counting meetings attended by teleconference under this paragraph, a
“meeting” shall be defined as any number of meetings of the legislative body of a local agency
that begin on the same calendar day.
(b) For the purposes of this section, both of the following definitions apply:
(1) “Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory
body of a multijurisdictional, cross-county agency, the membership of which board, commission,
or advisory body is appointed, and the board, commission, or advisory body is otherwise subject
to this chapter.
(2) “Multijurisdictional” means either of the following:
(A) A legislative body that includes representatives from more than one county, city, city and
county, or special district.
(B) A legislative body of a joint powers entity formed pursuant to an agreement entered into
in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 16. Section 54954.2 of the Government Code, as amended by Section 92 of Chapter 131 of
the Statutes of 2023, is amended to read:
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54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency,
or its designee, shall post an agenda that meets all of the following requirements:
(A) The agenda shall contain a brief general description of each item of business to be
transacted or discussed at the meeting, including items to be discussed in closed session. A
brief general description of an item generally need not exceed 20 words.
(B) The agenda shall specify the time and location of the regular meeting and shall be posted
in a location that is freely accessible to members of the public and on the local agency’s
internet website, if the local agency has one.
(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to
persons with a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
thereof.
(ii) The agenda shall include information regarding how, to whom, and when a request for
disability-related modification or accommodation, including auxiliary aids or services, may
be made by a person with a disability who requires a modification or accommodation in
order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county,
city and county, special district, school district, or political subdivision established by the state
that has an internet website, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary internet website home page
of a city, county, city and county, special district, school district, or political subdivision
established by the state that is accessible through a prominent, direct link to the current
agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in
addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda, including, but not limited to, an agenda posted in an
integrated agenda management platform, shall be posted in an open format that meets all of
the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used
internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the
reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state that has an internet website and an integrated
agenda management platform shall not be required to comply with subparagraph (A) if all of
the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the
primary internet website home page of a city, county, city and county, special district,
school district, or political subdivision established by the state. The direct link to the
integrated agenda management platform shall not be in a contextual menu. When a person
clicks on the direct link to the integrated agenda management platform, the direct link shall
take the person directly to an internet website with the agendas of the legislative body of a
city, county, city and county, special district, school district, or political subdivision
established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a
legislative body of a city, county, city and county, special district, school district, or political
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subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special
district, school district, or political subdivision established by the state shall be the first
agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with
the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) The provisions of this paragraph shall not apply to a political subdivision of a local agency
that was established by the legislative body of the city, county, city and county, special district,
school district, or political subdivision established by the state.
(E) For purposes of this paragraph, both of the following definitions apply:
(1) “Integrated agenda management platform” means an internet website of a city, county, city
and county, special district, school district, or political subdivision established by the state
dedicated to providing the entirety of the agenda information for the legislative body of the city,
county, city and county, special district, school district, or political subdivision established by the
state to the public.
(2) “Legislative body” means a legislative body that meets the definition of subdivision (a) of
Section 54952.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda,
except that members of a legislative body or its staff may briefly respond to statements made or
questions posed by persons exercising their public testimony rights under Section 54954.3. In
addition, on their own initiative or in response to questions posed by the public, a member of a
legislative body or its staff may ask a question for clarification, make a brief announcement, or
make a brief report on their own activities. Furthermore, a member of a legislative body, or the
body itself, subject to rules or procedures of the legislative body, may provide a reference to staff
or other resources for factual information, request staff to report back to the body at a
subsequent meeting concerning any matter, or take action to direct staff to place a matter of
business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not
appearing on the posted agenda under any of the conditions stated below. Prior to discussing any
item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation
exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at
the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and that the need for action
came to the attention of the local agency subsequent to the agenda being posted as specified in
subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body
occurring not more than five calendar days prior to the date action is taken on the item, and at
the prior meeting the item was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of
subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local
agency’s internet website, if the local agency has one, shall only apply to a legislative body that
meets either of the following standards:
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(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members
of the legislative body are compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as that term is defined by
subdivision (a) of Section 54952.
SEC. 17. Section 54954.3 of the Government Code is amended to read:
54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the
public to directly address the legislative body on any item of interest to the public, before or during
the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the
legislative body, provided that no action shall be taken on any item not appearing on the agenda
unless the action is otherwise authorized by subdivision (b) of Section 54954.2.
(2) (A) Notwithstanding paragraph (1), the agenda need not provide an opportunity for members
of the public to address the legislative body on any item that has already been considered by a
committee, composed exclusively of members of the legislative body, at a public meeting wherein
all interested members of the public were afforded the opportunity to address the committee on
the item, before or during the committee’s consideration of the item.
(B) Subparagraph (A) shall not apply if any of the following conditions are met:
(i) The item has been substantially changed since the committee heard the item, as
determined by the legislative body.
(ii) When considering the item, a quorum of the committee members did not participate
from a singular physical location, that was clearly identified on the agenda, open to the
public, and situated within the boundaries of the territory over which the local agency
exercises jurisdiction.
(iii) The committee has primary subject matter jurisdiction, as defined by the charter, an
ordinance, a resolution, or any formal action of the legislative body that created the
subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing
from, or restricting access to, materials available in public libraries, or taxes or related
spending proposals. This clause shall not apply to an item if the local agency has adopted a
law applicable to the meeting of the committee at which the item that was considered
prohibits the committee from placing a limit on the total amount of time for public
comment on the item.
(3) Every notice for a special meeting shall provide an opportunity for members of the public to
directly address the legislative body concerning any item that has been described in the notice
for the meeting before or during consideration of that item.
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the
intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for
public comment, the legislative body of a local agency shall provide at least twice the allotted
time to a member of the public who utilizes a translator to ensure that non-English speakers
receive the same opportunity to directly address the legislative body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous
translation equipment in a manner that allows the legislative body of a local agency to hear the
translated public testimony simultaneously.
(c) The legislative body of a local agency shall not prohibit public criticism of the policies,
procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.
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Nothing in this subdivision shall confer any privilege or protection for expression beyond that
otherwise provided by law.
SEC. 18. Section 54956 of the Government Code is amended to read:
54956. (a) (1) A special meeting may be called at any time by the presiding officer of the legislative
body of a local agency, or by a majority of the members of the legislative body, by delivering
written notice to each member of the legislative body and to each local newspaper of general
circulation and radio or television station requesting notice in writing and posting a notice on the
local agency’s internet website, if the local agency has one. The notice shall be delivered personally
or by any other means and shall be received at least 24 hours before the time of the meeting as
specified in the notice. The call and notice shall specify the time and place of the special meeting
and the business to be transacted or discussed. No other business shall be considered at these
meetings by the legislative body. The written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body
a written waiver of notice. The waiver may be given by telephone or electronic mail. The written
notice may also be dispensed with as to any member who is actually present at the meeting at the
time it convenes.
(2) The call and notice shall be posted at least 24 hours prior to the special meeting in a location
that is freely accessible to members of the public.
(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the
salaries, salary schedules, or compensation paid in the form of fringe benefits, of the legislative
body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this
subdivision does not apply to a local agency calling a special meeting to discuss the local agency’s
budget.
SEC. 19. Section 54956.5 of the Government Code is amended to read:
54956.5. (a) For purposes of this section, “emergency situation” means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity
that severely impairs public health, safety, or both, as determined by a majority of the members
of the legislative body.
(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist
act, or threatened terrorist activity that poses peril so immediate and significant that requiring a
legislative body to provide one-hour notice before holding an emergency meeting under this
section may endanger the public health, safety, or both, as determined by a majority of the
members of the legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon
which prompt action is necessary due to the disruption or threatened disruption of public facilities,
a legislative body may hold an emergency meeting without complying with either the 24-hour
notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and
posting requirements.
(2) Each local newspaper of general circulation and radio or television station that has requested
notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of
the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the
case of a dire emergency, at or near the time that the presiding officer or designee notifies the
members of the legislative body of the emergency meeting.
(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be
given by telephone and all telephone numbers provided in the most recent request of a
newspaper or station for notification of special meetings shall be exhausted. In the event that
telephone services are not functioning, the notice requirements of this paragraph shall be
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deemed waived, and the legislative body, or designee of the legislative body, shall notify those
newspapers, radio stations, or television stations of the fact of the holding of the emergency
meeting, the purpose of the meeting, and any action taken at the meeting as soon after the
meeting as possible.
(B) For an emergency meeting held pursuant to this section, the presiding officer of the
legislative body, or designee thereof, may send the notifications required by this paragraph by
email instead of by telephone, as provided in subparagraph (A), to all local newspapers of
general circulation, and radio or television stations, that have requested those notifications by
email, and all email addresses provided by representatives of those newspapers or stations
shall be exhausted. In the event that internet services and telephone services are not
functioning, the notice requirements of this paragraph shall be deemed waived, and the
legislative body, or designee of the legislative body, shall notify those newspapers, radio
stations, or television stations of the fact of the holding of the emergency meeting, the
purpose of the meeting, and any action taken at the meeting as soon after the meeting as
possible.
(c) During a meeting held pursuant to this section, the legislative body may meet in closed session
pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body
present, or, if less than two-thirds of the members are present, by a unanimous vote of the
members present.
(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a
meeting called pursuant to this section, with the exception of the 24-hour notice requirement.
(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding
officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a
copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10
days in a public place as soon after the meeting as possible.
SEC. 20. Section 54957.6 of the Government Code is amended to read:
54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold
closed sessions with the local agency’s designated representatives regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented
employees, and, for represented employees, any other matter within the statutorily provided scope
of representation, subject to all of the following conditions:
(1) Prior to the closed session, the legislative body of the local agency shall hold an open and
public session in which it identifies its designated representatives.
(2) The closed session shall be for the purpose of reviewing its position and instructing the local
agency’s designated representatives.
(3) The closed session may take place prior to and during consultations and discussions with
representatives of employee organizations and unrepresented employees.
(4) Any closed session with the local agency’s designated representative regarding the salaries,
salary schedules, or compensation paid in the form of fringe benefits may include discussion of
an agency’s available funds and funding priorities, but only insofar as these discussions relate to
providing instructions to the local agency’s designated representative.
(5) The closed session shall not include final action on the proposed compensation of one or more
unrepresented employees.
(6) For the purposes enumerated in this section, a legislative body of a local agency may also
meet with a state conciliator who has intervened in the proceedings.
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(b) For the purposes of this section, the term “employee” shall include an officer or an independent
contractor who functions as an officer or an employee, but shall not include any elected official,
member of a legislative body, or other independent contractors.
SEC. 21. Section 54957.9 of the Government Code is amended to read:
54957.9. In the event that any meeting is willfully interrupted by a group or groups of persons so as
to render the orderly conduct of the meeting unfeasible and order cannot be restored by the
removal of individuals who are willfully interrupting the meeting, the members of the legislative
body conducting the meeting may order the meeting room cleared and continue in session. Only
matters appearing on the agenda may be considered in such a session. Representatives of the
press or other news media, except those participating in the disturbance, shall be allowed to attend
any session held pursuant to this section. Nothing in this section shall prohibit the legislative body
from establishing a procedure for readmitting an individual or individuals not responsible for
willfully disturbing the orderly conduct of the meeting.
SEC. 22. Section 54957.95 of the Government Code is amended to read:
54957.95. (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the
presiding member of the legislative body conducting a meeting or their designee may remove, or
cause the removal of, an individual for disrupting the meeting, including any teleconferenced
meeting.
(2) Prior to removing an individual, the presiding member or their designee shall warn the
individual that their behavior is disrupting the meeting and that their failure to cease their
behavior may result in their removal. The presiding member or their designee may then remove
the individual if they do not promptly cease their disruptive behavior. This paragraph does not
apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually
disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and
includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body
pursuant to Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force.
(2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that
a reasonable observer would perceive it to be an actual threat to use force by the person making
the threat.
SEC. 23. Section 54957.96 is added to the Government Code, to read:
54957.96. (a) The existing authority of a legislative body or its presiding officer to remove or limit
participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or
renders infeasible the orderly conduct of the meeting, including existing limitations upon that
authority, shall apply to members of the public participating in a meeting via a two-way telephonic
service or a two-way audiovisual platform.
(b) For purposes of this section, the following definitions apply:
(1) “Two-way audiovisual platform” means an online platform that provides participants with the
ability to participate in a meeting via both an interactive video conference and a two-way
telephonic service. A two-way audiovisual platform may be structured to disable the use of video
for the public participants.
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(2) “Two-way telephonic service” means a telephone service that does not require internet access
and allows participants to dial a telephone number to listen and verbally participate.
SEC. 24. The Legislature finds and declares that Section 4 of this act, which amends Section
54953 of, Section 5 of this act, which adds Section 54953.4 to, Sections 8 to 15, inclusive, of this
act, which add Sections 54953.8 to 54953.8.7, respectively, to, Section 19 of this act, which
amends Section 54956.5 of, Section 22 of this act, which amends Section 54957.95 of, and Section
23 of this act, which adds Section 54957.96 to, the Government Code, impose a limitation on the
public’s right of access to the meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
(a) This act is necessary to provide opportunities for public participation in meetings of specified
public agencies and to promote the recruitment and retention of members of those agencies.
(b) This act is necessary to ensure minimum standards for public participation and notice
requirements allowing for greater public participation in meetings.
(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological
changes that can promote greater public access to local officials.
(d) The exclusively virtual nature of the California Online Community College presents unique
barriers to the requirements for an in-person quorum, a physical location for public participation,
and certain accommodations. Participating students of the online community college come from all
across the state and necessitating travel for these requirements would pose a significant and
exclusionary barrier.
SEC. 25. The Legislature finds and declares that Sections 1 and 2 of this act, which amend and
repeal Section 54952.2, respectively, of, Section 3 of this act, which amends Section 54952.7 of,
Section 4 of this act, which amends Section 54953 of, Section 5 of this act, which adds Section
54953.4 to, Section 6 of this act, which amends Section 54953.5 of, Section 7 of this act, which
amends Section 54953.7 of, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to
54953.8.7, respectively, to, Section 16 of this act, which amends Section 54954.2 of, Section 17 of
this act, which amends Section 54954.3 of, Section 18 of this act, which amends Section 54956 of,
Section 19 of this act, which amends Section 54956.5 of, Section 20 of this act, which amends
Section 54957.6 of, Section 21 of this act, which amends Section 54957.9 of, Section 22 of this act,
which amends Section 54957.95 of, and Section 23 of this act, which adds Section 54957.96 to,
the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that constitutional section as it relates to
the right of public access to the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of
the California Constitution, the Legislature makes the following findings:
(a) This act is necessary to provide opportunities for public participation in meetings of specified
public agencies and to promote the recruitment and retention of members of those agencies.
(b) This act is necessary to ensure minimum standards for public participation and notice
requirements allowing for greater public participation in meetings.
(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological
changes that can promote greater public access to local officials.
(d) The exclusively virtual nature of the California Online Community College presents unique
barriers to the requirements for an in-person quorum, a physical location for public participation,
and certain accommodations. Participating students of the online community college come from all
across the state and necessitating travel for these requirements would pose a significant and
exclusionary barrier.
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SEC. 26. The Legislature finds and declares that adequate public access to meetings is a matter
of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, this bill would apply to all cities, including charter cities.
SEC. 27. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that is within the scope of paragraph
(7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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