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City Council Agenda 03-27-2017Ral&t.9 get4 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, APRIL 10, 2017 7:00 P.M. Next Resolution No. 1206 Next Ordinance No. 351 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes - Regular Meeting of March 27, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of a recommendation from the Traffic Commission to approve a request from the Palos Verdes Art Center for a Homes Tour on April 28 and 29, 2017 to feature two Rolling Hills homes and one Rolling Hills garden located at 2 Johns Canyon Road, 7 Johns Canyon Road and 35 Crest Road West. RECOMMENDATION: Approve as presented. D. City Council Finance/Budget/Audit Committee meeting notes of March 27, 2017 RECOMMENDATION: Receive and file. E. Consideration and Approval of the 2017/2018 City Council Committee Assignments. RECOMMENDATION: Approve as presented. F. ORDINANCE NO. 351 — AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. RECOMMENDATION: Second reading, waive full reading and adopt Ordinance. Page 1 of 3 PRESENTATION Silver Level Energy Leader Partnership Certificate from Southern California Edison /South Bay Cities Council of Governments Presented by: Marilyn Lyon, Public Affairs, Environmental Services Analyst South Bay Cities Environmental Services Center/SBCCOG 5. COMMISSION ITEMS A. RESOLUTION NO. 2017-02 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A STABLE AND CORRAL, TENNIS COURT, AND GUESTHOUSE IN ZONING CASE NO. 914, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (AUTHOR HOME LLC/CHOWDHURY). AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE OF A NEW DRIVEWAY APRON AT 11 UPPER BLACKWATER CANYON ROAD. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. STATUS REPORT REGARDING COMPLIANCE WITH CITY COUNCIL RESOLUTION NO. 1203 CONCERNING AZUL, THE DOG OWNED BY DR. JEFFREY OSTRIKER AT 27 CABALLEROS ROAD WITH REGARD TO THE CONFINEMENT RESTRICTIONS IMPOSED ON AZUL. B. DISCUSSION AND CONSIDERATION OF FISCAL YEAR 2017/2018 BUDGET PRIORITIES. C. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY AND SCOTT, LLP FOR PROVIDING THE CITY OF ROLLING HILLS ACCOUNTING, FINANCE AND TREASURY SERVICES. D. DISCUSSION AND CONSIDERATION OF UPDATING THE CITY'S TECHNOLOGY UTILIZATION POLICY TO MAKE IT APPLICABLE TO CITY COUNCILMEMBERS AND COMMISSIONERS; AND SETTING UP AN EXCHANGE SERVER IN ORDER TO AID IN COMPLIANCE WITH THE CITY'S E- MAIL RETENTION POLICY. City Council Agenda 04/10/17 Page 2 of 3 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. DISCUSSION AND POTENTIAL DIRECTION AFTER THE CITY COUNCIL LIASON TO THE TENNIS CLUB PROVIDES A STATUS REPORT ON THE TENNIS COURT IMPROVEMENT PROJECT, CONSTRUCTION MANAGER AND PROCEDURE TO NAME THE COURTS AFTER AN INDIVIDUAL. (ORAL REPORT) 10. MATTERS FROM STAFF NONE. 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, April 24, 2017 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 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. City Council Agenda 04/10/17 Page 3 of 3 agenda + staff report agenda + staff report agenda + staff report agenda + staff report agenda + staff report agenda I -agenda agenda agenda agenda agenda 04/10/17 CC Notification List Z.C. NAME email: 4-C - Art Center Homes Garden Tour Bobbie Nowling PV Art Center Richard Colyear Tom & Julie Heinsheimer RHCA 5-A 914 - 11 Upper Blackwater Canyon Rd Author Homes LLC 014.4 Jessica Dan Bolton Alan McGregor Tony. Fan Dave Breiholz Martin Waters James Hao Bing Liu Lance and Judy Yamato Jeffrey Manquen Mailing address 35 Crest Road W 7 Johns Canyon Rd in RPV jessicaf@tomaro.com dbolton@boltonengineering.com abmrla@gmail.com tony.fan@potentialindustries.com dcbreiholz@aol.com '5. M.L err - 9 Upper Blackwater Canyon Rd 6 Sagebrush Lane 1 Appaloosa Lane 5 Sagebrush Lane 26 Middleridge Lane South Fire Code Ordinance - also posted on the website, e -Notify set for 3:45 pm on Friday 8-A - Ostriker (Azul confinment) Staff Report Dr. Jefrey Ostriker Geraldean Belleville Mr. & Mrs. Norm LaCaze Matt Chaisson 8-C - RAMS Agreement Terry Shea finance@cityofrh.net VIA EMAIL ONLY 28 Caballeros Road 12 Crest Road East 24 Portuguese Bend Road 8 Crest Road East oan -Teic...e.ki.S 64e e Public:2017 CITY COUNCIL AGENDAS:04-10-17 City Council Agenda:Notification Listxlsx CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 6th day of April, 2017, I serve the within City Council Meeting 04/10/2017 Regular Meeting a copy of which is annexed hereto and made a part hereof, and the person, or persons, named below were emailed or mailed the agenda: E -MAILED MAILED Interested RH Web site listSery Parties Interested parties DropBox City Attorney CouncilMembers Dieringer, Pieper, Black, Mirsch and Wilson DELIVERED City Manager City Council Also posted at City Hall, at www.Rolling-Hills.org and PDF's in DropBox. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 6th day of April, 2017 at Rolling Hills, California. Ewa Nikodem Administrative Assistant DRAFT Agenda Item No. 4-A Meeting Date: 04/10/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 27, 2017 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Captain Dan Beringer, LASD, Lomita Station. OPEN AGENDA - PUBLIC COMMENT WELCOME None. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes - Regular Meeting of March 13, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of February 2017. RECOMMENDATION: Approve as presented. Mayor Pro Tem Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Mirsch seconded the motion, which carried without objection. DRAFT OATH OF OFFICE ADMINIS 1'RATION OF OATH OF OFFICE & PRESENTATION OF CERTIFICATES OF ELECTION TO COUNCILMEMBERS DIERINGER AND PIEPER. City Clerk Luce presented the Certificate of Election and administered the Oath of Office to Councilmembers Dieringer and Pieper. CITY COUNCIL REORGANIZATION NOMINATION OF 2017-2018 MAYOR Councilmember Wilson nominated Mayor Pro Tem Black to serve as Mayor for the 2017-2018 term. Councilmember Mirsch seconded the nomination, which was confirmed by acclamation by Mayor Dieringer. COMMENTS FROM 2017-2018 MAYOR Mayor Black thanked his colleagues for selecting him as Mayor and stressed the importance of maintaining strong fiscal policies. NOMINATION OF 2017-2018 MAYOR PRO TEM Councilmember Mirsch nominated Councilmember Wilson to serve as Mayor Pro Tem for the 2017-2018 term. Councilmember Dieringer seconded the nomination, which was confirmed by acclamation by Mayor Black. PRESENTATION PRESENTATION TO MAYOR DIERINGER IN RECOGNITION OF HER SERVICE DURING HER 2016-2017 TERM AS MAYOR. Mayor Black thanked outgoing Mayor Dieringer for her service during her term as Mayor and presented her with a plaque in appreciation of her service. He praised Ms. Dieringer for always being well prepared and for her diligence and thoughtful consideration of the matters before the City Council. COMMENTS FROM OUTGOING MAYOR. Mayor Dieringer expressed sincere appreciation to the City Council, staff and those present for their support and participation during her term as Mayor. ADJOURNMENT TO RECEPTION The City Council adjourned to a brief reception at 7:13 p.m. The meeting was called back to order at 7:23 p.m. Minutes City Council Meeting 03-27-17 DRAFT COMMISSION ITEMS None. PUBLC HEARINGS ORDINANCE NO. 351-U - AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. ORDINANCE NO. 351: A NON -URGENCY ORDINANCE ADOPTING THE SAME PROVISIONS IN THE URGENCY ORDINANCE, ABOVE. Mayor Black introduced the item and asked for staffs comments. Planning Director Schwartz stated that before the City Council is a public hearing to adopt by reference the Los Ageless County Fire Code which contains more strict provisions than the State Code which is adopted every three years. She presented the staff report and stated that the City Attorney's office recommends adopting both an urgency ordinance and regular ordinance so that in the event the urgency provisions are challenged; the regular ordinance will be on track to be effective so there is no lapse in coverage under the Fire Code. Mayor Black opened the public hearing and called for public comment. Hearing none, he closed the public hearing and called for a motion. Councilcmember Dieringer moved staff's recommendation to waive full reading and adopt Ordinance No. 351-U adopting by reference the Los Angeles County Fire Code and declaring the urgency thereof and to introduce and waive full reading of Ordinance No. 351 also adopting by reference the Los Angeles County Fire Code as a non -urgency ordinance. Councilmember Pieper seconded the motion, which carried without objection. OLD BUSINESS None. NEW BUSINESS None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. MATTERS FROM STAFF None. Minutes City Council Meeting 03-27-17 DRAFT CLOSED SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 7:28 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, April 10, 2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, James Black, M.D. Mayor Minutes City Council Meeting 03-27-17 CHECK CHECK NO. DATE * 24760 03/28/2017 * 24761 03/28/2017 * 24762 03/28/2017 * 24763 04/01/2017 24764 04/04/2017 24765 04/04/2017 24766 04/04/2017 24767 04/04/2017 24768 04/04/2017 24769 04/04/2017 24770 04/04/2017 24771 04/04/2017 24772 04/04/2017 24773 04/04/2017 24774 04/04/2017 24775 04/04/2017 24776 04/04/2017 24777 04/04/2017 24778 04/04/2017 * PR LINK 03/31/2017 * PR LINK 03/31/2017 C1ty opellin9,�t�� Agenda Item No: 4-B Mtg. Date: 04/10/17 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 04/10/2017 - CHECK RUN PAYEE FIRST AMERICAN 111LE COMPANY USCM VANTAGEPOINT TRANSFER AGENTS CALPERS CALIFORNIA WATER SERVICE CO. COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES COX COMMUNICATIONS ELI AYOUB EXECUTIVE -SUITE SERVICES, INC. LA COUNTY SHERIFF'S DEPARTMENT MANCHESTER LOCK & SECURITY MANERI SIGN CO., INC. MCGOWAN CONSULTING PALOS VERDES PENINSULA SOUTHERN CALIFORNIA EDISON THOMAS BRODIE WILLDAN INC. XEROX CORPORATION PR LINK - PAYROLL PROCESSING PR LINK - PAYROLL 7 & PR TAXES DESCRIPTION PREPARE TITLE REPORT -5 EL CONCHO LN DEFERRED COMP 3/31/2017 DEFERRED COMP 3/31/2017 RETIREMENT FOR APRIL 2017 WATER SERVICES 2/25/17-3/24/17 COYOTE CONTROL JAN 2017 ANIMAL CONTROL KENNEL FEB 2017 PHONE/INTERNET 3/26/17-4/25/17 RESTITUTION FOR DAMAGES -HUMMINGBIRD LN STRIP REMOVAL JANITORIAL SERVICES MARCH 2017 LAW ENFORCEMENT SRVCS FEB 2017 DOOR CLOSER REPAIR REINTALL SHARP LEFT SIGN CONSULTING JAN 2017 NEWSLETTER MASTER ELECTRICITY 2/23/17-3/24/17 RESTITUTION FOR DAMAGES -HUMMINGBIRD LN STRIP REMOVAL INSPECTION SERVICES FEB 2017 COPIER LEASE MARCH 2017 PROCESSING FEE PAY PERIOD - MARCH 15, 2017 THROUGH MARCH 28, 2017 I, Raymond R. Cruz, City Manager of Rolling Hills, California certify that the above demands are acc - and there is available in the General Fund a balance of $43 0.08 for the payment of .: we ite s. Ra ruz, City Manager * Previously Disbursed AMOUNT 380.00 998.00 364.00 8,279.69 502.95 758.16 677.61 420.86 700.00 490.00 553.95 457.00 131.57 5,354.40 1,386.56 844.17 700.00 1,830.00 37.00 47.45 18,436.71 $ 43,350.08 24,865.92 Printed on Recycled Paper Ra qiceed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4-C Mtg. Date: 04/10/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A REQUEST FROM THE PALOS VERDES ART CENTER FOR A HOMES TOUR ON APRIL 28 AND 29, 2017 TO FEATURE TWO ROLLING HILLS HOMES AND ONE ROLLING HILLS GARDEN LOCATED AT 2 JOHNS CANYON ROAD, 7 JOHNS CANYON ROAD AND 35 CREST ROAD WEST. DATE: APRIL 10, 2017 ATTACHMENT: March 23, 2017 Staff Report to the Traffic Commission BACKGROUND At its meeting of March 23, 2017, the Traffic Commission supported the Palos Verdes Art Center's request to for a Homes Tour on April 28 and 29, 2017 between the hours of 10 am and 4 pm to feature two Rolling Hills homes and one Rolling Hills garden located at 2 Johns Canyon Road, 7 Johns Canyon Road and 35 Crest Road West per the attached report. RECOMMENDATION The Traffic Commission recommends the City Council "receive and file" this report and thereby, approve of the request. RC:hl PVACHomesTour staffreport.docx THIS PAGE INTENTIONALLY LEFT BLANK 64 al Rearif INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6-A Mtg. Date: 03/23/17 TO: HONORABLE CHAIR AND MEMBERS OF THE TRAFFIC COMMISSION FROM: RAYMOND R. CRUZ, CITY MANAGER ()If --6' SUBJECT: CONSIDERATION OF A REQUEST FROM THE PALOS VERDES ART CENTER FOR A HOMES TOUR ON APRIL 28 AND 29, 2017 TO FEATURE TWO ROLLING HILLS HOMES AND ONE ROLLING HILLS GARDEN LOCATED AT 2 JOHNS CANYON ROAD, 7 JOHNS CANYON ROAD AND 35 CREST ROAD WEST. DATE: MARCH 23, 2017 ATTACHMENT: February 2, 2017 request letter from Palos Verdes Art Center RECOMMENDATION It is recommended that members of the Traffic Commission consider the request by the Palos Verdes Art Center and make an appropriate recommendation to the City Council. BACKGROUND Attached to this staff report is a correspondence from Ms. Bobbie Nowling, representing the Palos Verdes Art Center. The Palos Verdes Art Center is proposing to include the following two Rolling Hills homes and one garden in its annual "Homes Tour" scheduled to be held on April 28 and 29, 2017: 2 Johns Canyon Road (Colyear) 7 Johns Canyon Road (Heinsheimer) 35 Crest Road West - Garden (Colyear) The event is scheduled between the hours of 10:00 a.m. and 4:00 p.m. on both days. All parking will be outside the City and shuttles are proposed to provide transportation to and form the event for all volunteers and guests. Historically, the Traffic Commission has reviewed requests for home and garden tours to determine if there are any issues of traffic safety that need to be addressed. Final approval would be subject to the following: • The event will include tours of the two homes and one garden in Rolling Hills between the hours of 10:00 a.m. and 4:00 p.m. on Friday, April 28, 2017 and Saturday, April 29, 2017. The properties are located at 2 Johns Canyon Road, 7 Johns Canyon Road and 35 Crest Road West. The addresses shall not appear on event tickets or in advertisements. ■ An insurance certificate/endorsement showing the City of Rolling Hills as additionally insured on the Art Center's Liability Insurance Policy shall be presented within 15 days prior to the scheduled date of this event. ■ The Art Center shall provide shuttle bus transportation for Tour attendees and provide event parking areas outside the City. The Art Center will also remind the shuttle bus drivers to observe the City's traffic speed and parking regulations. NOTIFICATION Ms. Nowling as well as the three property owners involved in the tour have been sent this report to advise them that this matter is being considered by the Traffic Commission. The Rolling Hills Community Association has also been advised. RC:h1 PVAC HomesTour-staffreport.docx PA OS VERGES ART CENTER February 2,-2017 Mr. Raymond R. Cruz City Manager City of Rolling Hills 2 -Portuguese Bend Rd. Rolling Hills, CA 90274 Dear Mr. Cruz: 5504 West Crestridge Road Rancho Palos Verdes, CA 90275 T 310.541.2479 E info@pvartcenter.org www.pvartcenter.org RECEIVED FEB 0 6 2017 City of Rolling Hills By For over. 20 years, the Circle,a support group of the Palos Verdes Art Center, has held the "Homes Tour" as its major fundraiser for the Art Center. All proceeds from the homes tour will help sustain and expand the Art Center's exhibitions, education and outreach programs. These endeavors enrich the lives of thousands of children and adults in the South Bay and beyond. Each_year, the homes tour showcases three homes in the Palos Verdes area. This year, the tour will be held on April 28 and 29 from 10:00 a.m. through 4:00 p.m. each day. Two of the homes are located in Rolling Hills (the Colyear property at 2 Johns Canyon Road and the Heinsheimer Residence at 7 Johns Canyon Road): There is also a garden included in the tour and it is located at another property owned by Mr. Colyear, located at 35 Crest Road in Rolling Hills. Three shuttles will provide transportation to and from the homes for all volunteers and guests. The start of the shuttle service will be at the Palos Verdes Art Center at 5504 W. Crestridge Rd. in Rancho Palos Verdes. The shuttles will enter Rolling Hills at the Crest Rd. entrance and travel to the three properties, completing the route and returning to the Art Center location. No parking will be allowed on the adjacent streets and efforts will be made the days of the event to reduce inconvenience to the neighboring homes. Enclosed is the Certificate of Insurance for the City of Rolling Hills. Please notify me if the City of Rolling Hills has any requirements to meet, or if you have any questions about this fundraising event. Thank you in advance for your assistance. Sincerely, Bobbie Nowling Administrator Enclosure Agenda Item No.: 4-D Mtg. Date: 04/10/17 Finance / Budget / Audit Committee March 27, 2017 6:00 PM Meeting Notes Participants James Black, Councilmember Leah Mirsch, Councilmember Raymond R. Cruz, City Manager Terry Shea, Finance Director Review Investment Policy; Financial, Budget and Debt Policy; and Asset Capitalization Policy. Staff indicated they have reviewed the aforementioned policies as well as the City's external auditors and are not recommending any changes at this time. However, the City Manager inquired if the City should amend the Financial, Budget and Debt Policy, Section 6 Reserve Policies, to add a section for setting money aside annually to fund the PERS unfunded liability. There was some discussion regarding whether to use an outside trust or hold the funds in house. If the City invests the funds themselves, they are limited to the amounts the City can earn. Staff indicated they would come back to the City Council with more information on all of the alternatives. Consideration of Update to Schedule of Fees and Charges The City Manager went over the Schedule of Fees and Charges and indicated that Staff is not recommending any changes to the current schedule. He also indicated since the City Council recently reviewed the Planning & Building Fees from Los Angeles County in July 2016, it was recommended by staff not to make any adjustments since the Council voted to not adjust them and very little has changed to be reconsidered so quickly. There was discussion about the fee multiplier and Dr. Black indicated that he would like to lower the multiplier from 21/2 times to 2 times, for the following fees: Building Permit; Plumbing Permit; Mechanical Permit; and Electrical Permit. Committee Member Mirsch inquired as to how the fees are generated on these permits and Dr. Black indicated they were based on the value of the improvements. Since home values are increasing in Rolling Hills, the City could lower the multiplier and still should have sufficient revenue in his opinion. Committee Member Mirsch also asked staff what a ih percent reduction on the multiplier be in lost revenues? Staff indicated it would need to be researched and they would have to get back to the Committee with that information. Committee Member Mirsch then asked about lowering the multiplier to 21/4 times and Dr. Black agreed with the recommendation. Dr. Black then recommended the following fees be changed: Park & Recreation Fund Fee from .5% of the valuation over $100,000 to .25% of the valuation over $100,000; Environmental Impact Report for City consultant fee plus 20% to just the City consultant fee; Final Parcel or Tract Map from County Fees plus 20% to just the County Fees; Lighting Ordinance Modification fee from $750 to $375; Planning and Zoning Applications involving illegal or "as built" structures or grading that require Planning Commission review from $2,500 to $1,500; Preparation of Negative Declaration from $1,000 to $50 plus fee charged by Department of Fish & Wildlife. Dr. Black stated that he wanted to lower the fees associated with the View Ordinance to encourage residents to come forward and Committee Member Mirsch did not want to lower those fees at this time. The City Council will be reviewing these recommended changes to the Schedule of Fees and Charges at the April 24, 2017 City Council meeting. Notes prepared by: Terry Shea aiRalle:09 qeek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-E Mtg. Date: 04/10/17 TO: HONORABLE MEMBERS OF THE CITY COUNCIL Pfl" FROM: RAYMOND R. CRUZ, CITY MANAGER BY: HEIDI LUCE, CITY CLERK SUBJECT: CONSIDERATION OF THE 2017-2018 CITY COUNCIL COMMITTEE ASSIGNMENTS. DATE: APRIL 10, 2017 ATTACHMENT: 2017-2018 Committee Liaison and Assignments Committee Goals and Objectives FPPC Form 806 Attached are the 2017-18 Committee Liaisons and Assignments as proposed by Mayor Black. Among the assignments, the Peninsula Cities Mayors Committee and Sanitation District are both automatically changed each year to the current Mayor and the Mayor Pro Tem is typically listed as the alternate delegate. Also attached is a brief description of the goals and objectives of each Committee. With approval of the assignments, a letter will be prepared for the Mayor's signature informing agencies/organizations of their respective City Council liaison. As necessary, Subcommittee meetings will be scheduled throughout the year. Additionally, based on the appointments and to comply with the FPPC regulation 18705.5, the City Clerk has prepared and posted FPPC Form 806. A copy is attached for the City Council's information. RECOMMENDATION It is recommended that the City Council approve the Committee Liaisons and Assignments as presented. RC:hl 17-18 Committee Assign-sta.docx 0 CITY OF ROLLING HILLS CITY COUNCIL DRAFT COMMITTEE ASSIGNMENTS 2017/2018 1. OFFICIAL COMMITTEES/BOARDS COMMITTEE LIAISON BLACK DIERINGER MIRSCH PIEPER WILSON a. CALIFORNIA CONTRACT CITIES ASSOCIATION D A b. LEAGUE OF CA CITIES D A c. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS D d. LA SANITATION DISTRICT NO.5 D A e. VECTOR CONTROL DISTRICT { t 1 �1 f. SMBRC - WATERSHED ADVISORY COUNCIL (Paul Grubs -D) t g. PEN. REG. LAW ENFORCEMENT COM./PUBLIC SAFETY X X h. PENINSULA CITIES MAYORS' COMMITTEE D A i. LOS ANGELES COUNTY CITY SELECTION COMMITTEE D A j. SOUTHERN CALIFORNIA ASSOC. OF GOVERNMENTS (SCAG) A D CITY COUNCIL COMMITTEES (STANDING) COMMITTEE BLACK DIERINGER MIRSCH PIEPER WILSON a. PERSONNEL X X b. FINANCE/BUDGET/AUDIT X X c. PLANNING COMMISSION LIAISON X d. EMERGENCY SERVICES/DISASTER PREPAREDNESS X X e. TENNIS CLUB LIAISON X f. CABALLEROS LIAISON X g. INSURANCE COMMITTEE (CJPIA) D A h. WOMEN'S COMMUNITY CLUB LIAISON X i. TRAFFIC COMMISSION REPRESENTATIVE X j. SOLID WASTE/ RECYCLING X X k. CITY/ASSOCIATION LIAISON X 1. UNDERGROUND UTILITY X X 3. AD HOC SUBCOMMITTEES (FYI ONLY) COMMITTEE BLACK DIERINGER MIRSCH PIEPER WILSON a. FIRE CODE AD HOC SUBCOMMITTEE X X b. FIRE FUEL REDUCTION AD HOC SUBCOMMITTEE X X c. STORMWATER MANAGEMENT AD HOC SUBCOMMITTEE X X D = Delegate A = Alternate X = Representative DRAFT 3/29/17 CITY OF ROLLING HILLS COMMITTEE MEETING SCHEDULES and OBJECTIVES 1. OFFICIAL COMMITTEES/BOARDS COMMITTEE MEETING TIME MEETING LOCATION MISSION OF ORGANIZATION CALIFORNIA CONTRACT CITIES ASSOCIATION (562) 622-5533 3rd Wednesday of each month 6:30 p.m. Social; 7:00 p.m. Dinner/Meeting Rotates, as different cities host the meeting Focus on issues specific to contracting for municipal services and broader issues affecting all contract cities. LEAGUE OF CALIFORNIA CITIES 1st Thursday of each month 6:00 p.m. Reception 7:00 p.m. Dinner/Meeting Various Locations For cities in Los Angeles County to exchange ideas and information and . share the advantages of cooperative advocacy. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) (310) 371-7222 4th Thursday of each month 7:00 p.m. Various Locations Serves to provide a forum to ensure that cities retain local control, and obtain desired outcomes from federal, state, and regional agencies. L.A. COUNTY SANITATION DISTRICT NO. 5 562.908.4288 x 1500 3rd Wednesday of each month 1:30 p.m. Torrance City Hall -3rd Floor Assembly Room 3031 Torrance Blvd. Torrance Serves to collect, treat and dispose of wastewater and provide for the disposal and management of solid wastes in a cost effective and environmentally sound manner. VECTOR CONTROL DISTRICT (310) 915-7370 2nd Thursday of each month 7:00 p.m. District Office 6750 Centinela Ave. Culver City Serves to control insect vectors and surveillance of vector -borne diseases. SANTA MONICA BAY RESTORATION COMMISSION / WATERSHED ADVISORY COUNCIL As noticed As noticed Restoration and enhancement of the Santa Monica Bay through actions and partnerships that improve water quality, conserve and rehabilitate natural resources, and protect the Bay's benefits and values. DRAFT April 10, 2017 Page 1 of 5 1. OFFICIAL COMMITTEES/BOARDS (continued) COMMITTEE MEETING TIME MEETING LOCATION MISSION OF ORGANIZATION PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE Quarterly on 21x1 Thursday of February, May, August and November @ 8:00 a.m. City of Rolling Hills City Council Chambers 2 Portuguese Bend Road Rolling Hills Review, recommend and discuss regional law enforcement in Peninsula region. PENINSULA CITIES MAYORS COMMITTEE 3rd Wednesday of each month before the Sanitation District Meeting; 12:00 noon Luncheon The Depot 1250 Cabrillo Avenue Torrance Discuss matters of concern to Peninsula Cities. LOS ANGELES COUNTY CITY SELECTION COMMITTEE Meets 3-4 times per year at the call of the Chairman Kenneth Hahn Hall of Administration 500 W. Temple St, LA or various other locations. Members include the Mayor (or appointee) of each city within LA County. Duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law (ie: LAFCO, SCAQMD, MTA, Hazardous Waste Advisory Committee and California Coastal Commission) SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Varies based on the committee/task force SCAG Offices 818 W. 7th St., 12th Floor Los Angeles To facilitate a forum to develop and foster the realization of regional plans that improve the quality of life for Southern Californians. DRAFT April 10, 2017 Page 2 of 5 2. CITY COUNCIL COMMITTEES COMMITTEE MEETING FREQUENCY ROLE PURPOSE/GOALS/OBJECTIVES Personnel 1. As needed for consideration of the Recommend a course of • Consider candidates for appointment of Commissioners and Committee action to the City Council. Commissions and Committees. members. 2. A minimum of lx/yr for review of the City • Respond to compensation matters recommended by the City Manager's contract. Manager. 3. Generally called at request of City Manager. Finance/Budget/Audit 1. A minimum of lx/yr for review of the annual Recommend a course of • Evaluate and consider budget and audit findings, review of the City's investment and financial policies and review of the proposed fiscal year budget. action to the City Council. financial matters to maintain the City in a positive and safe fiscal position. 2. Generally called at request of City Manager. 3. As needed to respond to financial concerns or fiscal irregularities. Planning Commission As needed to address items of mutual interest Serve as a conduit on matters • Provide the Commission with a Liaison between the City Council and Planning between the City Council and perspective of the City Council. Commission. Planning Commission. Emergency Services / As needed to address emergency services / Serve as a conduit on matters • Provide staff with information and Disaster Preparedness disaster preparedness issues in the community related to emergency services guidance for the direction of the Representative / disaster preparedness Committee. • Chair meetings. Tennis Club Liaison As needed to address items of mutual interest Serve as a conduit on matters • Represent the City at social events between the City Council and Tennis Club. between the City Council and of the Club. Tennis Club. • Provide event -related information from the Club to the City Council. • Represent the City before the Club on specific topics as directed by the City Council. DRAFT April 10, 2017 Page 3 of 5 2. CITY COUNCIL COMMITTEES (continued) COMMITTEE MEETING FREQUENCY ROLE PURPOSE/GOALS/OBJECTIVES Caballeros Liaison As needed to address items of mutual interest between the City Council and Caballeros. Serve as a conduit on matters between the City Council and Caballeros. • Represent the City at social events of the organization. • Provide event -related information from the organization to the City Council. • Represent the City before the organization on specific topics as directed by the City Council. Insurance Committee (CJPIA) One meeting per year. Represent Rolling Hills at the annual Board meeting. • Represent the City before the organization. • Provide information from the organization to the City Council. Women's Community Club Liaison As needed to address items of mutual interest between the City Council and Women's Club. Serve as a conduit on matters between the City Council and Women's Club. • Represent the City at social events of the organization. • Provide event -related information from the organization to the City Council. • Represent the City before the organization on specific topics as directed by the City Council. Traffic Commission Representative 4th Thursday of odd months. Serves as Chair of the Traffic Commission • Chair meetings. Solid Waste/Recycling As needed. Serve as a conduit between the solid waste hauler(s) and the City Council. • Evaluate and consider financial matters, service levels and regulation related to the collection and disposal of solid waste. DRAFT April 10, 2017 Page 4 of 5 2. CITY COUNCIL COMMITTEES (continued) COMMITTEE MEETING FREQUENCY ROLE PURPOSE/GOALS/OBJECTIVES City/Association As needed to address items between the City Serve as a conduit for the • Represent the City at social events Liaison Council and the Rolling Hills Community dissemination of information of the organization. Association (RHCA). between the City Council and RHCA. • Provide event -related information from the organization to the City Council. • Represent the City before the organization on specific topics as directed by the City Council. Underground As needed. Address topics related to the • Evaluate opportunities and Utility undergrounding of utilities and present recommendations to the programs for undergrounding utilities. City Council. • Consider and recommend programs to the City Council. 3. CITY COUNCIL AD HOC SUBCOMMITTEES COMMITTEE MEETING FREQUENCY ROLE PURPOSE/GOALS/OBJECTIVES Fire Code As needed. Address topics related to the application of the Fire Code and present recommendations to the • Evaluate and decide if the City should follow the State or County Fire Code City Council. • Make a recommendation to the City Council Fire Fuel ' As needed. Address topics related to the • Determine what measures the City Reduction reduction of the fire fuel load in the City and present should take with regard to fire prevention strategies recommendations to the City Council. • Consider and recommend programs to the City Council Stormwater As needed. Address topics related • Determine what measures the City Management stormwater management and MS4 Permit compliance. should take with regard to stormwater management ' • Consider and recommend measures to the City Council DRAFT April 10, 2017 Page 5 of 5 Agency Report of: Public Official Appointments 1. Agency Name City of Rolling Hills California if '' Form For Official use Only cI Division, Department, or Region (If Applicable) Designated Agency Contact (Name,Title) Heidi Luce, City Clerk Page g 1 of 1 Date Posted: April 7, 2017 Area Code/Phone Number 310-377-1521 E-mail hluce@cityofrh.net (Month, Day, Year) 2. Appointments A Public Document Agency Boards and Commissions Name of Appointed Person Appt Date and Length of Term Per Meeting/Annual Salary/Stipend Los Angeles County Sanitation District No. 5 Board of Directors Black, James Name (Last. First) Wilson, Patrick Alternate, if any (Last First) ► 4 / 10 / 17 Appt Date ► 12 months Length o&Term ► Per Meeting: $ 125 ► Estimated Annual: ❑ $o-$1,000 ❑ $2,001-$3,000 ®$1,001-$2,000 ❑ Other Name (Last, First) Altemate, if any (Last First) ► / / Appt Date ► Length of Term ► Per Meeting: $ ► Estimated Annual: ❑$0-$1,000 ❑$2,001-$3,000 ❑$1,001-$2,000 0 Other Name (Last First) Alternate, if any (Last, First) ► / / Appt Date ► Length of Tenn ► Per Meeting: $ ► Estimated Annual: ❑ $0-$1,000 ❑ $2,001-$3,000 ❑$1,001-$2,000 0 Other Name (LastFirst) Altemate, if any (Last First) ► / / Appt Date Length of Term 1 Per Meeting: $ ► Estimated Annual: ❑ $0-$1,000 ❑ $2,001-$3,000 ❑ $1,001-52,000 ❑ Other 3. Verification I have read and tyfide' nd FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief. Heidi Luce City Clerk April 7, 2017 Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Comment' FPPC Form 806 (4/16) FPPC Toll -Free Helpline: 866/ASK-FPPC (866/275-3772) TO: FROM: THRU: SUBJECT: Ra 009 glez INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4-F Mtg. Date: 04/10/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR RAYMOND CRUZ, CITY MANAGER()yl'L- CONSIDERATION OF ORDINANCE NO. 351 - AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). DATE PUBLISHED: March 16, 2017 ATTACHMENTS: I. Ordinance No. 351 II. Current City Fire Code RECOMMENDATION It is recommended that the City Council waive full reading and adopt Ordinance No. 351, adopting by reference the 2017 Los Angeles County Fire Code BACKGROUND In January 2017 the City Council adopted the LA County Codes, except for the Fire Code. Normally, the County Board of Supervisors adopts the Fire Code at the same time as the other County codes. This year the adoption of the Fire Code was delayed and it was adopted in February 2017. The State of California, through the State Building Standard Commission, publishes uniform building standards applicable throughout the state. The State Fire Code is part 0 of the California Code of Regulations, Building Standards Code, Title 24, part 9, and is updated tri-annually. Local jurisdictions, including the County and District are required by law to adopt the latest edition of the California Fire Code. The 2017 County Fire Code adopts by reference with some changes the 2016 California (State) Fire Code. State law allows cities, counties and fire protection districts to adopt more restrictive building standards than those contained in the State of California Fire Code if those standards are necessary due to the unique climatic, geological, and topographical conditions existing in the local jurisdiction. In order to adopt these more restrictive building standards, the County and District must make findings justifying the more restrictive provisions. As part of the amended Fire Code adopted by the BOS, the Consolidated Fire Prevention District of Los Angeles County proposed building standards relating to fire safety that are more stringent than those building standards contained in the California Building Standards Code, pursuant to Health and Safety Code section 13869.7. District amendments that are more restrictive building standards must be ratified by the City in order for those amendments to be enforceable within the City's jurisdiction. If the City were to choose not to adopt the County Code; then by default the California Building Standards Code of California Fire Code becomes effective in the City. DISCUSSION The resolution before you adopts the Los Angeles County Fire Protection District Fire Code as the City's Fire Code and ratifies the building standards, relating to fire and life safety, which are more restrictive than those adopted by the State Fire Marshal and contained within the California Building Standards Code. California law requires building standards adopted by local jurisdictions that are more restrictive than those adopted by the state to be enacted by ordinance within 180 days after the state adopts and publishes the California Building and Fire Code. The California Health and Safety Code Section 13869.7 authorizes the Fire District to adopt such standards but requires ratification by the legislative body where the standards will apply. There are no changes in the 2017 LA County Fire Code pertinent to regulations for single-family residential construction. The 2014 Fire Code has adopted all of the more restrictive building standards that apply to single-family residential construction. The only change relevant to residential construction is a change in fees for plan check and inspection. At the March 27, 2017 meeting of the City Council, this Ordinance was introduced for first reading and full reading was waived. There were no public comments when the ordinance was heard on first reading and staff was directed to bring the ordinance back for second reading and adoption. Also at the March 27, 2017 meeting, upon a recommendation from the City Attorney, this same ordinance was adopted as an Urgency Ordinance with the necessary findings and that ordinance became effective immediately. It is a good practice to adopt both ordinances, in case the urgency provisions are challenged. If the urgency provisions were challenged, the Fire Department staff would be able to process projects applying the new Fire Code adopted under the non -urgency ordinance, although a little later. This non -urgency ordinance becomes effective 30 -days following the second reading and adoption by the City Council. FISCAL IMPACT Building plan check and Fire Department permit fees are paid to compensate the City for expenditures associated with fire code implementation activities. The fees collected will continue to match the expenditures, and there will be no net fiscal impact to the City. NOTIFICATION A notice of this public hearing was published in the Peninsula News on March 16, 2017, in the City's Newsletter and was posted at City Hall. The City Council agenda is also available on the City's website. CONCLUSION Staff recommends that the City Council waive full reading and adopt Ordinance No. 351. ® THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 351 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.20.010 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.010 Adoption of Fire Code. Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on February 24, 2017, which constitutes an amended version of the California Fire Code, 2016 Edition and an amended version of the International Fire Code, 2015 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2016 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2016 Edition has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. Section 2. Ratification of More Stringent Building Standards. Pursuant to Health and Safety Code section 13869.7, subdivision (a), as part of its amendments to Title 32 (Fire Code), the Consolidated Fire Protection District of Los Angeles County proposed building standards relating to fire and public safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Code. Pursuant to Health and Safety Code section 13869.7, subdivision (c), by adoption of this ordinance, the City Council hereby ratifies the building standards included within the ordinance amending Title 32 (Fire Code) as amended and in effect on February 24, 2017. Section 3. The City Council hereby finds that the changes and modifications to the Fire Code that has been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the California Fire Code in Title 32 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Accordingly, the City Council fmds the Ordinance No. 351 1 ® modifications in this Ordinance to the Fire Code to be necessary for the protection of the public health, safety, and welfare. Section 4. To the extent the provisions of this ordinance are substantially the same as previous provisions of the Rolling Hills Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 6. This ordinance shall be effective upon adoption and shall become operative as of February 24, 2017. Section 7. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section 15061(b)(3) because it is not a project that has the potential for causing a significant effect on the environment. Section 8. Thee City Clerk shall certify the adoption of this Ordinance and shall file a copy of this Ordinance as follows: California Department of Housing and Community Development, Division of Codes and Standards, 2020 West El Camino Avenue, Suite 250, Sacramento, California 95833-1820. California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833 and Consolidated Fire Protection District of Los Angeles County, Attn: Chief Mark Savage, Fire Marshal, 5823 Rickenbacker Road, Commerce, California 90040. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2017. James Black, M.D. Mayor ATTEST: Heidi Luce City Clerk Ordinance No. 351 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 351 entitled: ORDINANCE 351-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE (FIRE CODE), RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on April 10, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 351 3 0 &O Raflew, geZ INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5-A Mtg. Date: 04/10/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR JULIA STEWART, ASSISTANT PLANNER' THRU: RAYMOND R. CRUZ, CITY MANAGER P SUBJECT: RESOLUTION NO. 2017-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A STABLE AND CORRAL, TENNIS COURT, AND GUESTHOUSE IN ZONING CASE NO. 914, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (AUTHOR HOME LLC/CHOWDHURY), AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON. APPLICANT: REPRESENTATIVE: DATE PUBLISHED: Attachments: AUTHOR HOMES LLC JESSICA FARINACCI, TOMARO DESIGN GROUP DECEMBER 8, 2016 Correspondence dated 02/23/17 (Fan); 03/07/17 (Farinacci); 03/16/17 (Black); 03/16/17 (Hao); 03/21/17 (Yamato) w/photos Resolution 2017-02 REQUEST AND PLANNING COMMISSION ACTION Recommendation It is recommended that the City Council receive and file this report or provide other direction to staff. Z.C. No. 914 Request The applicant, Author Homes LLC, requested a Site Plan Review (SPR) and Conditional Use Permit (CUP). The Site Plan Review request is for construction of a 11,052 square foot residence with a total of 2,870 square feet of covered porches (including 195 square feet of covered porches at the guest house), a 1,446 square foot garage, a 6,620 square foot basement, a terraced set of walls at 3 feet and 5 feet screening the basement egress and ingress to the exterior, and a 115 square foot service yard. Also included in Site Plan Review will be a proposed 154 square foot Porte cochere, a 1,336 square foot swimming pool and spa, exterior features including a water feature, barbeques and fire pits, and 43,220 cubic yards of overall cut and fill, including over -excavation and re -compaction. The Conditional Use Permit request seeks permission to construct a 744 square foot total two-story stable with a 504 square foot ground floor and 240 square foot loft, a 1,491 square foot corral, a 6,985 square foot tennis court, and a 800 square foot guesthouse with 195.square feet of attached covered porches. Planning Commission Review The project was initially presented to the Planning Commission at its regular meeting held on December 20, 2016. A field trip was conducted for the project on February 21, 2017 with additional review and discussion at the evening Planning Commission meeting held on that same date. After review and discussion of revisions to the project, the Planning Commission directed staff to prepare a Resolution of approval for their consideration at the next meeting subject to the applicant providing additional information, revisions and/or new plans. In response to the Planning Commission's request the applicants revised their plans. Neighbor Concerns Several concerns regarding the proposed project were raised by residents in the surrounding area. Noise and Visibility from Tennis Court There are three neighbors located on Sagebrush Lane and a fourth neighbor located on Appaloosa but in close proximity to Sagebrush who expressed a desire to eliminate the tennis court from the proposal due to concerns of visibility between the residences and the court and possible noise issues. The applicant responded to these concerns by agreeing to add a rubberized surface on the tennis court and increasing the amount of landscaping surrounding the court for additional noise attenuation and screening. Commissioners directly acknowledged the concerns expressed by the nearby residents but moved forward to approve the project because they were satisfied that the applicant had been responsive to these concerns. Visibility between Residences along Sagebrush The new proposed residence includes a garage, which directly faces the residence across Sagebrush. The resident across Sagebrush expressed concern that there might be a loss of privacy due to being directly across from the new residence. As a result, the applicant increased the amount of landscaping to add screening between the two residences. Further, because the garage is the element that is closest to the neighbor Z.C. No. 914 there are no windows proposed for that portion of the new residence. The Commissioners and the resident were satisfied that the issue of possible privacy loss from the proximity of the new residence had been adequately addressed. Location and Visibility of Stable from Upper Blackwater Canyon and Middleridge The proposed stable and corral for the project were initially proposed near the property line of a residence along Upper ' Blackwater Canyon Road. The closest neighbor expressed concern that there might be problems that arise from the close proximity of the stable. Additionally, residents from Middleridge expressed concern about visibility from across the canyon. The applicant moved the stable 115 feet farther into the property from the originally proposed location and added citrus and pepper trees to the landscaping plan to screen the stable and corral from all sides. Visibility of Daylighted Basement Staff expressed concern that the proposed daylighted basement was visible from at least one vantage point and could make the project look like it had a second story. The applicant also took the basement on its own to the Rolling Hills Community Association Architectural Committee for early review. As a result, the daylighted basement exit was modified so that stairs leading out from the exit must lead up to nearby landings and completely shield the exit from view. Further, terraced planters were added to keep the wall sizes near the basement exit no higher than 3 and 5 feet tall. Drainage A resident located downhill from the project expressed concern about the initial drainage plan, which included a single erosion exit unit in the middle of the property and cisterns with no specific designation. The applicant responded by revising the drainage plan so that two rip raps (erosion control units) are proposed to drain to the canyons on both sides of the property and the two cisterns for the project are to be designed for 100 year flood incidents. All final drainage plans are subject to the final review and approval by the Building Department. Landscaping Overall, the landscaping plan has also been revised to address the neighbors' concerns. This includes some removal of vegetation to satisfy a neighbor on Appaloosa with view concerns related to fully -grown trees on the property. Also, a hedge that was originally proposed around the tennis court, garage and parking area has been substituted with plants that would not form a hedge but still screen the structures. The applicant made revisions to the project based on all complaints with nearby residents. Because of this, the Planning Commission was comfortable moving the project forward. Special Conditions of Approval As requested by the Planning Commission at the February 21, 2017 meeting, the following special considerations are included in the Resolution of approval: Z.C. No. 914 • Revised drainage plan • Changed location of the proposed stable • Enhanced landscape plan as noise reduction and screening measures to the satisfaction of the neighbors • Use of rubberized surface for the tennis court as noise reduction measure • Screening, terraced planters, and walls not to exceed 4 feet high to be used for the (RHCA approved in concept) daylighted basement. These conditions, specific to this project, are included in the draft Resolution together with the standard findings of facts and conditions of approval. Past Approval for the Property In 2014, approval was granted to the previous owners for grading of 5,385 cubic yards of cut and 4,137 cubic yards of fill and construction of 10,175 square foot residence with 1,566 square foot garage, 1,694 square feet of covered porches, including Porte Cochere, 8,900 square foot basement, 1,306 square foot swimming pool and other outdoor amenities. Approximately 704 cubic yards of dirt was proposed to be spread over the 19,000 square foot flat corral and stable area. The pad was to be raised by one foot. Approximately 1,248 cubic yards of dirt was to be left over and exported. Also, a Conditional Use Permit was granted for the construction of a 890 square foot single story stable with 750 square foot covered porch and over 16,600 square foot corral. The prior approval contained conditions that the project be screened from the properties to the north and south and that the applicant work with the neighbors regarding the screening and type of vegetation to be used. In addition, the property owner at 2 Appaloosa had an agreement (verbal) with the project owner regarding tree removal and trimming. The aforementioned approval expired and the property was sold. MUNICIPAL CODE COMPLIANCE Grading and Stabilization The total combined grading for this project will consist of 24,900 cubic yards of cut and fill (plus 9,160 c.y. each of over -excavation and re -compaction). A net of 1,542 cubic yards of dirt overall will be exported. The residential pad is proposed to be lowered by approximately two feet with a relatively small amount of grading (945 cubic yards excluding the basement). Two of the building pads will be stabilized with caissons. The applicants provided a soils and geology report that was prepared for the previously approved project, as well as prepared an updated soils and geology report for the currently proposed project where it was concluded that there is a landslide condition on some portions of the lot. The report determined that there are slope stability issues on about 2/3 of the area of the front of the lot. The applicants have two options in order to remediate the condition. One would be to conduct extensive remedial grading, which would include landslide area removals and replacement with engineered fill, keyway excavation, benching and installation of subdrain systems and intensive monitoring. The report states that this option is feasible but would result in extensive temporary excavations, complex Z.C. No. 914 phasing and stockpiling and in general much disturbance to the lot and residents. Option two, which the applicants chose to implement, is to construct caissons to stabilize the portions of the building pads that are to be developed along the residential and tennis court building pads. Once completed, Option 2 construction will meet the building code requirement for factor of stability for the building pads. A known "Geologic Hazard Line" exists on the lot and is shown on the plan. It represents the area with less than the required 1.5 factor of stability (safety) for development as is required by Code. Disturbance The proposed project will result in 35.74% or 133,490 square feet of overall disturbance of the net lot area. Additional 21,340 square feet of the lot is proposed to be disturbed or 5.71 %, which includes both the residential building pad, tennis court and guest house pad, and the stable and corral area. Currently there are two building pads on the property, for a total of 112,150 square feet of existing disturbance. The existing disturbed area of the lot is 30.03%. Height The finished roof heights of the proposed residence will be between 15 feet 91h -inches and 20 feet 5 5/8 -inches . The finished roof height of the proposed guest house is 12 feet 6 inches. The finished roof height of the proposed stable is 20 feet 10 1/4 inches. These heights reflect the final set of plans shared with the Planning Commissioners. Improved Basement Basement Access The basement has been designed to daylight into a patio with an entertainment area. Stairs on either side of the walkout area would lead down to the tennis court patio. The basement egress and ingress design is subject to RHCA Architectural Committee review and approval. However, walls are under Planning Commission purview. The concept design of the basement walkout has been reviewed by the Architectural Committee. As currently proposed, the basement is designed so that stairs leading out from the exit must lead up to nearby landings and completely shield the exit from view. Further, terraced planters were added to keep the wall sizes near the basement exit no higher than 3 feet tall. Basement Garage The proposed residence includes a six car garage at grade with a single car lift that lowers into the basement. The basement garage is proposed to accommodate several additional cars below ground. Driveway Change The driveway apron will be relocated approximately 10 feet to the north of the existing driveway. The Traffic Commission reviewed the proposed apron and recommended approval. Z.C. No. 914 Drainage Storm water runoff will be collected from roof downspouts and inlets located in hardscape areas and discharged to 100 year flood cisterns, located at the side of the swimming pool and side of the guest house, sized to comply with City's Low Impact Development requirements. Excess water and runoff from landscaped areas will be routed downhill in a northerly direction and discharged to two dissipaters, discharging to the two canyons that rim along the sides of the property. This design reflects the revised plans for drainage shown to the Planning Commission. Storm Water Management This application is subject to the General Permit requirements for storm water management, where the State requires that a Storm Water Pollution Prevention Plan be submitted and a permit obtained, due to grading on one or more acres of land. This application is also subject to the City's Low Impact Development (LID) ordinance requirements for retention of water on site, and the City's Water Efficient Landscaping Ordinance where the applicants must implement low water usage planting and devices and certify compliance. All of these requirements will be monitored at the plan check review process and during construction. Lot Coverage The structural net lot coverage is proposed at 25,277 square feet or 6.8% (20% max. permitted). The total lot coverage proposed (structural and flatwork) will be 37,337 square feet or 10.00% (35% max. permitted). The residential building pad is proposed at 48,380 square feet. The building pad coverage on the main residence pad is proposed at 15,803 square feet or 32.66%, which includes the residence, garage, swimming pool & spa, pool equipment, and service yard structures, but excludes the permissible deductions of portion of the attached porch and several of the miscellaneous outdoor amenities. The Tennis Court/Guest House building pad is proposed at 20,267 square feet. The building pad coverage on the Tennis Court/Guest house pad is proposed at 7,785 square feet or 38.41 %, which includes the guest house, sports court, and attached covered porches of the accessory structures excluding the permissible deductions. The stable building pad is proposed at 2,152 square feet with a proposed lot coverage of 504 square feet and will have pad coverage of 23.4%. Walls A series of walls are proposed for this project. A 2.5 foot retaining wall is proposed to be located principally along the access road to the stable. Caissons and retaining walls are proposed to surround the residence and pool area with an average height of 2.48 feet. A four foot retaining wall will be located adjacent to the tennis court primarily between the recreational space and the residence. A three foot retaining wall is proposed to surround the corral. Z.C. No. 914 Two walls are subject to Site Plan Review. One wall is five feet in height and is being used to screen basement access, in front of which a 3' high outdoor kitchen is proposed for a combined total of eight feet. The other wall is eight feet at its highest point and is being used to enclose two sides of the patio adjacent to basement access. However, this wall is being terraced with three foot planters. Both walls require discretionary approval. Pedestrian Access On grade walking paths are proposed to access the rear area of the property. There will be a minimum of a 5 foot wide walkway around all structures to comply with Fire Department requirements. Access to the stable is proposed from the residential driveway via a 12' wide D.G. path, which could be used by horses, vehicles, or pedestrians. CONDITIONAL USE PERMIT TABLES A Conditional Use Permit is required for the stable, tennis court, and guest house. Stable Requirements The proposed stable will be two stories and contain 504 square feet with 240 square foot loft. The following requirements must be met for a stable: Pursuant to the zoning code requirements of section 17.18.060 the following is applicable to this request: REQUIREMENTS PROPOSED Not less than 6' wide roughened access Proposed 12 wide D.G. surface access from driveway. Stable, corral not to be located on slopes greater than 4:1 Located on area with a slope no greater thar 4:1 Not in front yard or side or front setback. May be located up to 25' in rear setback. Stable and corral comply Min. 35' from any residential structure 258' to nearest neighboring residential structure (over 80' away from onsite house) Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items Building is proposed to look like a stable and be used for a stable Size to include the entire footprint including loft, if any 504 sq.ft. footprint; 240 sq. ft. loft is proposed for a total of 744 sq. ft. Minimum of 60% shall be maintained for agricultural uses Agricultural spaces include 2 stalls and agricultural uses measuring 612 sq.ft. or 82.3% Maximum of 40% not to exceed 800 sq.ft. may be maintained for a tack room Tack room of 132 sq.ft. or 17.7% of the structure Tack room may have sanitary and kitchenette amenities Proposed bathroom Tack room may have glazed openings No windows in tack room are proposed Entry doors to agricultural space to be min. To comply with City's requirement. Z.C. No. 914 4'wide & 8' high; appearance of a stable door Loft is permitted 240 sq. ft. loft proposed . Loft plate height may not exceed 7' Proposed loft plate height of approximately 61h feet Exterior area of stables may not to be paved Proposed gravel or D.G. Corral shall be fenced Proposed fenced corral Access not to exceed 25% Access proposed at 20-25% maximum grad& Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable 1,491 sq.ft. corral contiguous to stable. Commercial uses or sleeping is not allowed Applicant is not proposing any commercial uses or sleeping in the stable Guest House Requirements An 800 square foot guest house is proposed. Section 17.16.210 (A)(5) of the Zoning Ordinance contains conditions for a guest house, subject to approval of a conditional use permit. These conditions, listed below, are intended to ensure that such structures are ancillary uses, do not eliminate an existing or future development for a stable and are not converted to other than permitted uses. REQUIREMENTS PROPOSED Shall not exceed eight hundred square feet An 800 square foot guest house is proposed. Shall not be located in the front yard or any setback. The guest house is not proposed to be in the front yard or any setback. A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted. Applicant proposes a kitchenette and shower and is a condition of approval to meet the requirement No vehicular access or paved parking area shall be developed within fifty feet of the guest house. The driveway is more than fifty feet away. Occupancy of the guest house shall be limited to persons employed on the premises, the immediate family of the occupants of the main residence or by the temporary guests of the occupants of the main residence. No temporary guest may remain in occupancy for more than thirty days in any six-month period. This is a standard condition of approval. Renting of a guest house is prohibited. This is a standard condition of approval. Z.C. No. 914 Tennis Court Requirements Also proposed is a 6,985 square foot sports court with a 4' high maximum retaining wall along east side of the court. Section 17.16.210 (A) (7) of the Zoning Ordinance contains conditions for recreational game courts, subject to approval of a conditional use permit. These conditions, listed below, are intended to ensure that such structures: are ancillary recreational uses, do not eliminate an existing or future development for a stable, do not create visual or other impacts and blend in with the existing topography and landscape or views. Recreational Game Courts are defined as: tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes. They shall adhere to the following conditions: REQUIREMENTS: PROPOSED: A legally required and accessible stable and corral area shall be provided; Stable and corral are proposed to rear of the house A game court shall not be located in the front yard or any setback; Proposed project is not in setback or front yard. A game court shall not be located within fifty feet of any paved road or street easements; Proposed project is not located within fifty feet of any paved road or street easements. Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade; A 4 -foot high maximum retaining wall is proposed along the east side of the tennis court. The construction of a game court shall conform to the lot coverage limitations as set forth in Section 17.16.070; All development standards for coverage are within the permitted standards. A game court shall not be located on a slope that exceeds a 2:1 grade; Existing slope in court location does not exceed 2:1 gradient. A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; Location of proposed court is not in a canyon or in a natural drainage course. The proposed court is partially on an existing knoll. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of 750 cubic yards; Grading is proposed to be balanced for the court; the total grading for the game court will be less than 750 c.y. of dirt at 293 c.y. cut and 55 c.y. fill. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 square feet; Graded area for the proposed court does not exceed 10,000 sq.ft. at 6,985 square feet. Z.C. No. 914 The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; This is a large lot and much of the lot will remain undisturbed. Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer; Drainage for the court will be collected by a drainpipe along the west side of the court into a cistern and any overflow will drain to the dissipater below the stable. A game court shall be adequately screened on all four sides; Detailed landscaping plan was submitted. Landscape screening shall include native or other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council Standard condition of approval to require that the applicant submit detailed plans and a bond or similar financial deposit for landscaping prior to obtaining grading permit. (plans submitted). Landscaping shall not interfere with the viewscape of surrounding properties or easements pursuant to Chapter 17.26; Landscaping to be planted around court perimeter to be designed to screen the perimeter fencing. RHCA regulates height of sport court fences. Game court lighting shall not be permitted; Standard condition in resolution prohibiting lighting. Design and construction of a game court shall include methods to mitigate visual and noise impacts. Landscaping plan submitted buffering the development. Daytime use only will minimize noise. Utility Lines/ Septic Tank It will be a requirement that utility lines to all of the new structures be placed underground and a new septic tank installed. General Justification for Approval In the application, the ratio of the proposed development to the lot is minimal because the site is very large. The applicant states "The proposed site development preserves the existing slope and vegetation on the site as well as natural drainage." All setbacks and coverages are well below the requirements and the Zoning and General Plan allow a single family residence on the lot. The applicant also states, "The proposed project is well under the buildable area of the lot. Most of the natural hillside of the lot will remain" and also states, "The project is compatible with the general plan and surrounding uses in that the first floor is similar in size to neighboring buildings. The home does not build at all the setback lines and is located toward the center of the lot on the East/ West axis. There are other homes in the area with tennis courts and guest houses." Environmental Review/CEQA The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) as a Class 3, Section 15303 exemption. Z.C. No. 914 City Council Responsibilities When reviewing a site plan review application the City Council considers whether the adopted resolution is consistent with the criteria for Site Plan Review and Conditional Use Permits. Rolling Hills Community Association The project is still undergoing review by the Rolling Hills Community Association Architectural Committee. Z.C. No. 914 -11- SITE PLAN REVIEW CRITERIA 11.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 11.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent withrthe goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 11.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; Z.C. No. 914 B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. Request is consistent with the general plan of the City of Rolling Hills. Development Comparables ZC NO. 914 NEARBY PROPERTIES (For information only) Address House size in sq.ft. (built/add or remodel) Lot Area (excl. roadway easements) 5 Sagebrush 7,860 (1996)* 2.5 6 Sagebrush 5,846 (2010)* 2.3 1 Sagebrush 7,542 (2006)* 2.2 3 Appaloosa*** Approved: 8,990* 8.2 9 Upper Blackwater Cny. 4,489 (1978/88) 2.3 14 Upper Blackwater Cny. 5,831 (1990) 2.38 12 Upper Blackwater Cny. 7,614 (2002)* 4.08 11 Upper Blackwater Cny. Existing 3,200 Proposed 11,052 Previously approved 10,175 9.2 NOTE: The above do not include garages, basements and other accessory structures. SOURCES: Assessors' records * City records Z.C. No. 914 ZONING CASE NO. 914 Project Summary SIl"E PLAN REVIEW EXISTING PROPOSED RA -S- 2 ZONE SETBACKS SINGLE FAMILY RESIDENCE WITH GARAGE , STABLE, AND POOL. TO BE NEW RESIDENCE WITH ACCESSORY USES INCL STABLE Front 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from rear property line DEMOLISHED STRUCTURES & GRADING Residence Garage Pool Stable 3,200 sq.ft. 1,566 sq.ft 1,306 sq.ft. 890 sq.ft. Residence Garage Pool/Spa Stable Guest House Tennis Court Basement Service yard Porches Pool Equipment Outdoor kitchen Fire place Porte Cochere 11,052 sq.ft. 1,446 sq.ft. 1,336 sq. ft. 744 sq.ft. 800 sq. ft. 6,985 sq. ft. 6,620 sq. ft. 115 sq.ft 2,870 sq.ft 130 sq. ft. 100 sq.ft 52 sq.ft. 154 sq. ft. (Site Plan Review required for new residence and addition if size of structure increases by more than 999 sq.ft. in a 36 -month period). TOTAL EXISTING 6,962 sq.ft TOTAL PROPOSED 25,784 sq.ft (excluding basement) STRUCTURAL LOT COVERAGE Will be demolished 25,277 sq.ft. w/ allowances or 6.77% of 373,484 sq.ft. net lot area (20% maximum) TOTAL LOT COVERAGE Will be demolished 37,337, sq.ft. w/ allowances or 10.0% of 373,484 sq.ft. net lot area (35% maximum) BUILDING PADS (30% guideline' Will be demolished 32.66% of 48,380 sq.ft. residential Pad 38.41% on 20,267 sq.ft. sports court/guest house pad 23.42% on 2,152 sq. ft. stable pad Residence, pool, other misc. structures Recreational Court/Guest House Stable GRADING N/A 13,221 c.y. cut and 11,679 c.y. fill to be balanced on site (plus overexcavation and recompaction) 1,542 c.y. exported from site Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA 30.03% 35.74% or 133,490 sq.ft. of the net lot area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. N/A CUP required - 744 sq. ft. stable and 1,491 sq. ft. corral proposed & 550 SQ.FT. CORRAL' STABLE ACCESS N/A 12 ft. wide D.G. pathway from driveway/motor court area ROADWAY ACCESS Existing driveway approach New driveway approach (north) VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review Z.C. No. 914 Thursday, February23, 2017 7:32:21 AM Pacific Standard Time Subject: re: 11 Blackwater Canyon new project Date: Wednesday, February 22, 2017 7:22:33 PM Pacific Standard Time From: Tony Fan <tony.fan@potentialindustries.com> To: Yolanta Schwartz <ys@cityofrh.net> Dear Yolanda, It was nice to meet you on the property on 11 Blackwater Canyon Rd on Feb. 21, Tuesday. As I made the comment on the Planning Commission meeting last night, I like to add the following comment to our honorable City Manager and commissioners: 1. City of Rolling Hills is a Peace, Safe and very Unique high class City. 2. City of Rolling Hills is a residential City, it is not like a public sport center, therefore , for any amusement or sport amenity, it should be confined inside the house so it won't change the nature of the City. 3. The proposed tennis court is so close to the Sagebrush Lane, I am afraid after it is built, it will impact the peace environment when the court is build. 4. My suggestion is if city will grant the conditional use permit to the developer, the tennis court should be moved further away from the street to the North side, or if possible, the City should request the homebuilder to hire the professional company to do a report for the noisy level from the court to the street. Thank you for your attention to this issue. If you can share my comment to the City manager, Mr Cruz and Commissioners, that will be much appreciated. Regards Tony Fan FEB 2 3 2017 City of . 1 us Page 1 of 1 March 7, 2017 Re: Chowdhury Residence 11 Upper Blackwater Planning Commission and Neighbor Revisions MAR 07 2017 City. of Roiling -tills Based on the neighbors' concerns, Planning Commission comments and Homes Associations Approval, the following revisions have been made to the plans. • C.1.1- C2.1- Per the Planning Commission and staffs requests we have added catch basins in multiple locations as well as a secondary outfall near the East property line. The rain cistern has been revised to handle a 100 year flood calculation. • A.01- Site Plan- Per Mr. Water's request at 9 Upper Blackwater the stable has been moved an additional 50'-0" West from the plan brought to the last Planning Commission hearing and a total of 115'-0" from the original location where the stable is currently staked in the field. • A.04 and A.06- The elevations and roof plan have been revised to reflect the gable roofs approved by the Homes Association. • L -1-L-3- Per the request of Camille and Jeff at 26 Middle Ridge the landscape plans have been revised to show trees and vegetation to help block the view across the canyon of the stable. Sheet L-2 was added per the request of the planning commission to show the landscaping of the entire lot and not just up at the main pad. Per the request and concerns of Tony Fan at 1 Sagebrush Lane, we are proposing to use a hedge to screen the tennis court and garage wing from view in addition a rubberized surface that will help mitigate noise. Alan McGregor the Landscape Architect has met with Dr. Black at 2 Appaloosa to address his concerns with the existing trees. Alan and Dr. Black walked the site to review which trees will be cut down during construction and the owner of 11 Upper Blackwater has granted Dr. Black permission to access the site and trim/remove trees prior to construction. It is our understanding Dr. Black will be writing a letter to City Council in favor of the project as a resident. Singer ly, J�sfi a Farinacci Tomaro Architecture, Incorporated TOMARO DESIGN GROUP ARCHITECTURE DIVISION 2617 N. SEPULVEDA BLVD. SUITE 100 MANHATTAN BEACH CA 90266 T 310.318.8089 F 31 ' 18.9400 WWW.TOMARO.COM lamed/bid, eVieWhi geseM.ere eft s reernel e ffweawtr 22930 Crenshaw Blvd., Suite D Torrance, California 90505 Tel: (310) 530-4200 Fax: (310) 530-1562 March 13, 2017 Rolling Hills Planning Commission c/o City of Rolling Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 RE: Tree removal - 11 Upper Blackwater Canyon Road Dear Commissioners: MAR 16 2017 City of Rolling Hills By I wish to document a meeting I had with Alan McGregor, the landscape architect for the property at 11 Upper Blackwater Canyon Road owned by Subir Chowdhury. We met regarding trees to be removed and maintenance of remaining trees to alleviate a view obstruction issue which has been present for many years. The previous owner had agreed to remove all offending trees from the property at their expense. However, the current owner feels that a lesser number of trees should be removed at his expense. We examined the entire property in order to come to an agreement regarding which trees can be removed, which should stay, and which should undergo crown reduction followed by biannual maintenance. On the southernmost periphery of the property bordering Sagebrush Lane, there is one eucalyptus tree adjacent to Sagebrush Lane which will be removed at Dr. Black's expense. There is a second eucalyptus tree along Sagebrush Lane which will be maintained in order to provide screening for property owners on Sagebrush Lane. However, it will undergo marked crown reduction in order to alleviate the view obstruction that it currently imposes. Both the initial crown reduction and ongoing maintenance will be provided by the owner of 11 Upper Blackwater Canyon Road. There is a third eucalyptus tree which is diseased adjacent to the barn on the south and western portion of the property. This will be removed. Along the eastern border of the property paralleling Upper Blackwater Canyon Road there are two pine trees which may be removed at Dr. Black's expense. There are multiple dead and dying trees which will be removed at the expense of the Subir Chowdhury. On the northern/eastern portion of the property there are multiple trees in a row, primarily pine trees which will removed at the :xpense of the owner of the property. There is a very tall RE: Tree removal - 11 Upper Blackwater Canyon Road Page 2 Washington Fan Palm which will remain. On the secondary building pad between the proposed barn and tennis court there is a very large pine that will be removed at Dr. Black's expense. On the primary building pad in the area where the home is proposed there are three eucalyptus adjacent to the driveway between the home pad and the garage pad. Two of these will be removed at Dr. Black's expense. The third will undergo thinning, maintenance and crown reduction at the expense of Subir Chowdhury. All continued maintenance will be provided by the owner of 11 Upper Blackwater Canyon Road. All other large trees including pines and eucalyptus are to be removed from the building pad site. There is another Washington Fan Palm which will be left intact. Otherwise, all palms, pines, and eucalyptus will be removed at Subir Chowdhury's expense. Dr. Black will pay for: 1. One large pine between the proposed barn and tennis court. 2. One eucalyptus adjacent to Sagebrush Lane. 3. Two separate eucalyptus adjacent to the driveway between the home building pad and the garage entrance. 4. If necessary the two pines along Upper Blackwater Canyon Road. All other removal and remediation shall be paid for by the owner of the property. In addition, ongoing maintenance every two years will be paid for by the owner 11 Upper Blackwater Canyon Road. Finally I would ask that all dead trees be removed as part of the ongoing Rolling Hills Fire Fuel Reduction Ordinance. There are multiple large trees which are dead adjacent to Upper Blackwater Canyon Road and between the proposed building pads. These should all be removed as part of the building approval process. Photos were obtained of all trees and can be submitted in conjunction with this letter. Thank you very much. Si erely yours, JAMES J. BLACK, M.D., F.A.C.S. Plastic & Reconstructive Surgery Associate Clinical Professor David Geffen School of Medicine at UCLA JJB/jc cc: Subir Chowdhury 11. Upper Blackwater Canyon Road Rolling Hills, CA 90274 From: James Hao Date: March 16, 2017 at 2:07:51 PM PDT To: James Hao Cc: <ys@cityofrh.net> Subject: Re: Planning commission meeting my address is #6 Sagebrush Lane Rolling Hills Ca 90274 James Hao On Mar 16, 2017, at 2:00 PM, James Hao wrote: Dear Yolanta, MAR 1 6 2017 City of Roiling Hills By Since I will be traveling from March 20, I will not be able to attend the March 21, Planning Commission meeting to raise my opinion on the upcoming new house development project near our home on Blackwater Canyon , so I send you this email to express my objection for City to issue the conditional use permit to construct a tennis court in this new house development. Here is my reason of objection : The 4 parcel lands on Sagebrush Lane are the subdivided parcels from a large parcel many years ago, so these 4 lots are relatively smaller in comparison to the other lots in Rolling Hill, the 4 houses on Sagebrush are very close each other, I am sure all the homeowners on the Sagebrush deserve to have more natural open space so we can enjoy our living in Rolling Hills. To build a tennis court in Rolling Hill, unless it is far away from the neighborhood , otherwise it should not be permitted , more over , the tennis court for this new house development is very to close the Sagebrush Lane . I am also concern this tennis court will change the peace environment we have and that is very valuable to us. Thank you very much for your attention to this issue. Regards Sent from my iPhone March 20, 2017 To: The Rolling Hills Planning Commission, Yolanda Schwartz From: 5 Sagebrush Lane Lance & Judy Yamato Reference to: 11 Upper Blackwater Canyon Road Project To Whomever it may concern: We strongly object to the proposed tennis court and guest house to be built bordering Sagebrush Lane. We are located at 5 Sagebrush Lane which will be greatly affected/impacted by this project in the loss of our city view, loss of privacy, loss of the peaceful enjoyment of our home. All of our rooms bordering Sagebrush Lane provide stunning views of the city and directly face the proposed tennis court/ guest house. They include: 1. the family room, 2. the casual dinning room, 3. the computer room, 4.2 bedrooms. Having the tennis court /the guest house in the proposed location will result in our having to keep our windows facing Sagebrush and the proposed tennis court/guest house, closed at all times to maintain privacy and quiet. This will result in our loss of our city view and the loss of the wonderful sunshine that floods into our home that brightens the enjoyment of our days. Photos are inclosed to document the losses we will have to endure should the proposed tennis court/guest house project go forward. We kindly request that you consider/include our situation in the decision making process regarding 11 Upper Blackwater Canyon. Sincerely, V/ 11 Lance & Judy Yamato 310 833-7089 RECEIVEL MAR 21 2017 City of Rolling Hills By A CU Copirf p.ad-?D vicw �►..�m Le-droorro 4t 1. Ct�hy Light ets)S C in8, RESOLUTION NO. 2017-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A STABLE AND CORRAL, TENNIS COURT, AND GUESTHOUSE IN ZONING CASE NO. 914, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (AUTHOR HOME LLC/CHOWDHURY). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Subir Chowdhury with respect to real property located at 11 Upper Blackwater Canyon Road, Rolling Hills (Lot 99-B-RH) requesting a site plan review for overall grading of 43,220 cubic yards and construction of 11,052 square foot residence with a 1,446 square foot garage, 2,675 square feet of covered porches, including 154 square foot Porte Cochere, 6,620 square foot basement, 1,336 square foot swimming pool and spa, 115 square feet service yard, and exterior features including a water feature, barbeque and fire pits. Approximately 1,542 cubic yards of dirt will be will be exported from the basement and foundations. A Conditional Use Permit is requested for the construction of a 744 square foot two-story stable, which includes 240 square foot loft and 1,491 square foot corral, an 800 square foot guest house and 6,985 square foot tennis court. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on January 17, 2017, February 21, 2017, and March 21, 2017 and in the field on February 21, 2017. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was published in the Peninsula News on December 8, 2016. The applicant and his agent were notified of the public hearings in writing by first class mail and the agent was in attendance at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal, including neighbors at 6 and 9 Upper Blackwater Canyon Road, 1 Sagebrush Lane and residents of two properties on Middleridge Lane South, and from members of the City staff and the Planning Commission have reviewed, analyzed and studied said proposal. Section 3. The property is zoned RAS-2 and the lot area excluding the roadway easement is 9.2 acres. For development purposes the net lot area of the lot is 373,484 square feet or 8.57 acres. Records show that 3,200 square foot house with 500 square foot garage was constructed in 1951; the swimming pool, cabana and the stable were constructed in 1957. All of the existing structures are proposed to be demolished. Section 4. During the course of the review, local residents expressed concerns regarding the location of the proposed stable, screening for the stable, guesthouse and tennis court elements, noise generated by the tennis court, and the drainage plan and intended drainage course for the proposed project. 11 Upper Blackwater Canyon Rd. Addressing these concerns and suggestions, the applicant revised the project multiple times in an effort to "be a good neighbor". At the February 21, 2017 evening Planning Commission meeting, the Commission requested that the following special considerations be included in the preparation of the Resolution of approval: • Enhanced drainage plan - Drainage plan revisions include added catch basins in multiple locations, a secondary outfall, and rain cisterns to handle a 100 year flood calculation. • Changed location of the proposed stable - The stable was moved a total of 115' west from the originally submitted plans. • Enhanced landscape plan as noise reduction and screening measures - Landscaping was added to the entire lot, not just at the main pad. Natural planting is proposed in the vicinity of the tennis court and along the garage to screen them from view. Trees were added to screen the stable and corral and guesthouse. • A rubberized surface for the tennis court will be used as noise reduction measure. • The daylighted basement will have access through a stairwell and will be screened by terraced planters. No wall greater than 4 feet shall be exposed in any location. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act Section 6. Site Plan Review -Proposed Development. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring grading permit or any new building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by not more than 999 square feet in any thirty-six (36) month period. The grading for the development and the new structures require Site Plan Review. The pool/spa requires a Site Plan Review due to the grading and the size (over 800 sq. ft. surface water area). With respect to the Site Plan for the development, the Planning Commission hereby approves the request for Site Plan Review in Zoning Case No. 914 to build the proposed project and makes the following findings: A. The proposed development, which includes the residence, garage, basement, stable, guest house, tennis court, and pool, is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. The project conforms to Zoning Code setback requirements and no variances are required for setbacks. The proposed project is screened from the road so as to reduce the visual impact of the development. The project conforms to Zoning Code lot coverage requirements, including lot disturbance. The net lot area of the lot is 373,484 square feet. The structural net lot coverage is proposed at 27,277 square feet or 6.8%, which includes all of the structures, with allowance for permitted 11 Upper Blackwater Canyon Rd. 2 deductions, (20% max. permitted); and the total lot coverage proposed, including the driveway would be 37,337 square feet or 10.0%, (35% max. permitted). The disturbed area of the lot is proposed to be 35.74%. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed largely on existing building pads, and anticipated grading will enable proposed project elements to be the least intrusive to surrounding properties, be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The lot is over 9 acres in size and no more than 35.74% is proposed to be disturbed, with the remaining of the lot left in natural state. The project promotes equestrian uses, therefore furthering the City's goal to remain an equestrian community. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the views from Sagebrush Lane, Middleridge Lane South and Appaloosa Lane and the residential development pad will be sunk by approximately 2 feet, which will help preserve views toward the city. The slopes are being preserved or rebuilt in a manner that attempts to mimic the existing slopes on the property. Significant portions of the lot will be left undeveloped. The project will be screened from the road and neighbors. During the review process, at suggestions from the Planning Commission and addressing the neighbors' concerns, the applicant is developing the property in general to retain as much of the natural terrain as possible and not greatly affect the lower portion of the lot. D. The development plan will introduce additional landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the project will utilize the proposed driveway as recommended for approval by the City of Rolling Hills Traffic Commission. There is ample parking in the garages and there is a proposed parking pad at the front of the house, outside of all setbacks, so all visitor parking will be contained on site. An adequate pathway is proposed to safely accommodate horse trailers to the stable and corral area. F. The project is exempt from the requirements of the California Environmental Quality Act. 11 Upper Blackwater Canyon Rd. 3 Section 7. Conditional Use Permits. Sections 17.18.060 and 17.18.090 of the Rolling Hills Municipal Code permit approval of a stable over 200 square feet and corral over 550 square feet with a Conditional Use Permit. The proposed 744 square foot stable including 240 square foot loft and 1,491 square foot corral comply with all requirements of these sections. An 800 square foot guesthouse is proposed. Section 17.16.210 (A)(5) of the Zoning Ordinance contains conditions for a guesthouse, subject to approval of a conditional use permit. A 6,985 square foot tennis court is also proposed. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Planning Commission approves a Conditional Use Permit for such use. All of the detached structures comply with the provisions and conditions for such structures. With respect to this request for Conditional Use Permits, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The City Council must consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the stable, corral, tennis court, and guesthouse would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the uses are consistent with similar uses in the community, and meet all the applicable code development standards for such uses and they are located in the areas on the property that are adequately sized to accommodate such uses. The proposed uses are appropriately located in that they will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. The stable/corral would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses and the rural, equestrian character of Rolling Hills. The tennis court is proposed to be located on the property so that it will be slightly recessed into the hillside and will be screened with shrubs and trees. The proposed guesthouse is a common amenity to Rolling Hills. C. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed uses (stable/corral, tennis court, and guesthouse) are located in the middle of a 9.2 acre lot and their general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed tennis court and guesthouse will be constructed on a portion of the secondary building pad that will be the least intrusive to surrounding properties and will be screened and landscaped with trees and shrubs and will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The proposed stable is to be located adjacent to the corral. There is a path designated for equestrian uses that runs from the stable to the motor court, driveway and road above and is separate from the other outdoor living areas on the property. The 12 foot wide path will be comprised of decomposed granite. 11 Upper Blackwater Canyon Rd. 4 D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed uses comply with the low profile residential development pattern of the community and will not give the property an over -built look, and areas will remain open and unobstructed. The lot is 9.2 acres gross in size and is sufficiently large to accommodate the proposed uses. The stable will be compatible with the uses in the surrounding area because Rolling Hills is an equestrian community and stables are encouraged. The stable will look like a stable and with the corral will promote open space on the pad. The guesthouse will be compatible with the uses in the surrounding area because it will match the architectural design of the house and is in the side yard and is an amenity other residences in Rolling Hills enjoy. E. The proposed conditional uses comply with all applicable development standards of the zone district and require Conditional Use Permits pursuant to Sections 17.18.060, 17.18.090, 17.16.210(A)(5) and (A)(7) of the Zoning Ordinance. F. The proposed conditional uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 8. Based upon the foregoing findings, and the evidence in the record, the City Council hereby approves Zoning Case No. 914 request for a Site Plan Review for the construction of a new 11,052 square foot residence and 6,620 square foot basement, an attached garage totaling 1,446 square feet, 2,870 square feet of covered porches including for the residence and 195 square feet of porches for the guesthouse, a new pool and spa totaling 1,336 square feet with a 130 square foot pool equipment area, a 115 square foot service yard, a 100 square foot outdoor kitchen, a 154 square foot porte cochere, a two-story stable with 504 square foot on the first level and a 240 square foot loft, a new driveway and turnaround access and access to the stable. Grading will entail a total of 43,220 cubic yards of dirt (including 13,221 c.y. of cut and 11,679 c.y. of fill; and 9,160 c.y. over -excavation and 9,160 c.y. recompaction) with 1,542 cubic yards to be exported, subject to the following conditions: A. The Site Plan and Conditional Use Permits approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080(A), 17.42.070 of the Zoning Ordinance unless otherwise extended pursuant to the requirements of these sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the 11 Upper Blackwater Canyon Rd. 5 Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 7, 2017 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review and Conditional Use Permit approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. Such review will require a public hearing before the Planning Commission if the modifications represent a major modification of the project. E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building and grading permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. 11 Upper Blackwater Canyon Rd. 6 G. Structural lot coverage of the lot shall not exceed 25,277 square feet or 6.8% of the net lot area, in conformance with lot coverage limitations, and with the permitted allowances, (20% maximum). The total lot coverage proposed, including structures and flatwork, shall not exceed 37,337 square feet or 10.0%, of the net lot area, with allowable deductions, in conformance with lot coverage limitations (35% maximum). H. The disturbed area of the lot, including the approved stable and corral shall not exceed 35.74%; over 133,490 square feet surface area. Grading for this project shall not exceed 13,221 cubic yards of cut and 11,679 cubic yards of fill, 9,160 cubic yards of over -excavation, and 9,160 cubic yards of recompaction with 1,542 cubic yards exported. I. The residential building pad is proposed at 48,380 square feet and shall not exceed coverage of 15,800 square feet or 32.66% with allowed deductions. The tennis court and guesthouse pad is proposed at 20,267 square feet and shall not exceed coverage of 7,785 square feet or 38.41%. The stable pad is proposed at 2,152 square feet and shall not exceed 504 square feet of coverage or 23.42%. J. A new driveway shall be provided per the Fire Department requirements and the apron of the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in slope. The Traffic Commission reviewed the driveway apron and recommended approval. K. Access to the stable and to the corral shall be decomposed granite or like 100% pervious roughened material and be not wider than 12'. L. Per Section 17.16(A)(5)(c) of the zoning ordinance, only one sanitary facility consisting of a shower, sink, and a toilet and a kitchenette is permitted in the guesthouse; there shall be no parking area within 50 -feet of the guesthouse; no renting of the guesthouse is permitted. M. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all of the proposed structures, or as otherwise required by the Fire Department. N. At any time there are horses on the property, Best Management Practices (BMPs) shall be applied for manure control, including but not be limited to removal of the manure on a daily basis or provision of a receptacle with a tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with metal or other sound material and that is safeguarded against access by flies. The contents of said receptacles shall be removed once a week. It is prohibited to dispose of manure or any animal waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or spread on the property. 0. The dissipaters and pool equipment area shall be screened with landscaping. Sound attenuating equipment shall be installed to dampen the sound from the pool equipment 11 Upper Blackwater Canyon Rd. 7 area and the pool pump. The project shall utilize the most quiet and technologically advanced equipment to dampen the sound. Per LA County Building Code, pool barrier/fencing shall be required. P. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property; roofing and material requirements of properties in the Very High Fire Hazard Severity Zone and Low Impact Development requirements for storm water management on site (RHMC Chapter 8.32). Q. All utility lines to the residence, guesthouse, and stable shall be placed underground, subject to all applicable standards and requirements. R. Hydrology, soils, geology and other reports, as required by the Building and Public Works Departments, and as may be required by the Building Official, shall be prepared. S. Prior to issuance of a final construction approval of the project, all graded slopes shall be landscaped. Prior to issuance of building permit, a landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and graded slopes. T. The project shall be landscaped, and continually maintained in substantial conformance with the landscaping plan on file date stamped on March 15, 2017. A detailed landscaping plan shall be submitted and shall provide that any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that screens the project development from adjacent streets and neighbors, such that shrubs and trees as they mature do not grow into a hedge or impede any neighbors views and the plan shall provide that all landscaping be maintained at a height no higher than the roof line of the nearest project structure. In addition, the landscaping plan shall provide for screening of the proposed sport court with vegetation not to exceed 10 feet in height or the height of the sport court fence, if installed, whichever is less, and that the vegetation used for screening shall be planted in an off -set manner, so as to preventit, as it grows from forming a solid hedge. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area, are water - wise and are consistent with the rural character of the community. U. The applicant shall submit a landscaping performance bond or other financial obligation, to be kept on deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond shall be released no sooner than two years after completion of all plantings, subject to a City staff determination that the plantings required for the project are in substantial conformance with approved plans and are in good condition. The landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC). Pursuant to Chapter 8.30 of the RHMC the property shall at all times be maintained free of dead trees and vegetation. V. The tennis court shall have a rubberized surface and shall not have lights. 11 Upper Blackwater Canyon Rd. 8 W. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. X. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences -including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. Y. Minimum of 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. Z. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion,. or land subsidence shall be required. AA. During construction, to the extent feasible, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car- pool into the City. To the extent feasible, a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times. AB. During construction, the property owners shall be required to schedule and regulate construction and relate traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. AC. Prior to demolition of the existing structures, an investigation shall be conducted for the presence of hazardous chemicals, lead -based paints or products, mercury and asbestos - containing materials (ACMs). If hazardous chemicals, lead -based paints or products, mercury or ACMs are identified, remediation shall be undertaken in compliance with California environmental regulations and policies. AD. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http//www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AE. The sports court shall drain into one of two cisterns serving the property. Drainage dissipaters shall be constructed outside of any easements, unless approved by the 11 Upper Blackwater Canyon Rd. 9 RHCA. The drainage system shall be approved by the Department of Building and Safety. If an above ground swale and/or dissipater is required, it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall be stained in an earth tone color, and shall be screened from any trail, road and neighbors' view to the maximum extent practicable, without impairing the function of the drainage system. AF. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. AG. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2016 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution. AH. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities and septic tank. AI. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees and Palos Verdes Peninsula Unified School District fees for the new residence, if any. AJ. Prior to final inspection of the project, "as graded" and "as constructed" plans and certifications shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the Planning Commission approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. AK. The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan Review approval, or the approval shall not be effective. AL. All conditions, when applicable, must be complied with prior to the issuance of a grading or building permit from the Building and Safety Department AM. 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 Code of Civil Procedure Section 1094.6. Ps�sSED 1 O DAND. ADOPTED THIS 21ST DAY OF MARCH, 2017. ELF, CHAIRPERS I,) HEIDI LUCE, CITY CLERK 11 Upper Blackwater Canyon Rd. 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2017-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND A SWIMMING POOL AND CONDITIONAL USE PERMITS FOR CONSTRUCTION OF A STABLE AND CORRAL, TENNIS COURT, AND GUESTHOUSE, IN ZONING CASE NO. 914, 11 UPPER BLACKWATER CANYON ROAD, (LOT 99-B-RH), (AUTHOR HOMES LLC). was approved and adopted at a regular meeting of the Planning Commission on March 21, 2017 by the following roll call vote: AYES: Commissioners Cardenas, Cooley, Kirkpatrick, Seaburn and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. cgadtaa.) HEIDI LUCE CITY CLERK 11 Upper Blackwater Canyon Rd. 11 jr) i ewS koni 6 tioor N i Bc.CU(;G s Vices � om 1Q,r oor) ,.J.. �i' VI cws 04 Bedroom) it 2 V i ews bran,) `bhc., ci i hn Vi eW St>onv (-Ohl piA -' roo►yl) Vie Sro ►e, ni 1t5t;roo hn) Ci-Ny Ligj Views 4t,,An.6, day '' ' n fight Rd/ea, qte.6 INCORPORATED JANUARY 24, 1957 TO: FROM: RAYMOND R. CRUZ, CITY MANAGER NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 8-A Mtg. Date: 04/10/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: STATUS REPORT REGARDING COMPLIANCE WITH THE CITY COUNCIL RESOLUTION NO. 1203 CONCERNING AZUL, THE DOG OWNED BY DR. JEFFREY OSTRIKER AT 27 CABALLEROS ROAD WITH REGARD TO THE CONFINEMENT RESTRICTIONS IMPOSED ON AZUL. DATE: APRIL 10, 2017 ATTACHMENTS: Resolution No. 1203 Amending Resolution 1195 March 16, 2017 photograph March 29 , 2017 photographs BACKGROUND As a result to multiple incidents by Dr. Jeffrey Ostriker's (27 Caballeros Rd.) dog Azul over a 12 month period involving killing of chickens, the City Council amended its confinement order of Azul. At the January 23rd City Council meeting, the City Manager gave his report that Dr. Ostriker technically has been in compliance with Resolution 1195. However, he also reported out that all of residents whose chickens were victims of Azul's violent actions thought that the previous Council action required that Dr. Ostriker build an enclosed dog run/kennel. They further mentioned that they would not feel safe from Azul until the dog kennel would be built. Theses same sentiments were also brought up by a number of City Councilmembers. As a result of the discussion of the item, it was considered infeasible and inhumane to require Azul to wait to relieve himself by being transported outside the City limits. The present situation does not account for unforeseen circumstances, such as inclement weather, emergencies, or illness on the part of either Dr. Ostriker or Azul. It was concluded by the City Council that the only acceptable solution that advances the City's goal of protecting neighboring pets from Azul's violent behavior and providing for the wellbeing of the dog is the construction of a fully enclosed dog run on the property where Azul lives. As a result, the attached Resolution amending Resolution 1195 modifies the language of the original resolution requiring that Azul to be confined to Dr. Ostriker's home except when he is being transported by leash to the required enclosed dog kennel on the property or to a vehicle when leaving the City limits. Furthermore, the dog run needed to be completed 45 days from the date of the amended resolution. Finally, the City Council reserved jurisdiction over the matter for 90 days, during which time the City Manager is directed to monitor Dr. Ostriker's compliance with the conditions imposed by the amended resolution. Should Dr. Ostriker be found not in compliance with any condition in the amended resolution, the City Manager shall schedule a hearing before the City Council. DISCUSSION As a result of the February 13th City Council action, the City Manager was instructed to determine if the required enclosed dog kennel was constructed within 45 days, inspect to determine if it was built to the identified specifications and determine if there have been any more aggression issues involving Azul since the last incident. On March 16th, Dr. Ostriker submitted a photograph of the completed dog run (enclosed) that met the timeline identified in the confinement order. The City Manager subsequently personally inspected the dog kennel on March 29th and confirmed that the enclosed dog run met the confinement requirements (see attached photographs). The dog kennel was totally enclosed with a concrete floor. Although it was attached to a small guesthouse that has been utilized as a gym, there were no locations where a dog could escape the structure. In fact, Dr. Ostriker mentioned that all his dogs are enjoying the new structure as an alternative to being inside his home. Finally, to date there have been no reported incidents of Azul being involved with a aggressive animal attack or seen roaming in any part of the City. Therefore, at this point, Dr. Ostriker and Azul have been determined to be in compliance to the confinement order. NOTIFICATION The parties involved in the complaints have been notified. RRC:hl Ostriker Compliance Modifed Resolution Status Staff Report.docx RESOLUTION NO. 1203 AN AMENDMENT TO RESOLUTION NO. 1195 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE DECISION OF THE CITY MANAGER, FOLLOWING THE APPEAL FILED BY DR JEFFREY OSTRIKER, WHICH ORDERED THE CONFINEMENT OF AZUL TO THE OSTRIKER PROPERTY. The City Council of the City of Rolling Hills does hereby resolve and order as follows: Section 1. City Council Resolution No. 1195, enacted on November 28, 2016, modified the decision of the City Manager in the appeal filed by Dr. Jeffrey Ostriker ("Owner") and ordered the confinement of Azul (a male spaniel mix) to 27 Caballeros Road ("Property") as follows: (1) Azul is ordered confined to the Owner's Property and shall be kept indoors at all times, except that (2) Azul may be allowed outdoors, provided that he is confined to a fully enclosed, secure dog run with a concrete pad; and (3) Azul shall not be walked outdoors off of the Owner's Property anywhere within the territorial boundaries of the City of Rolling Hills. The City Council retained jurisdiction over the appeal for 90 days, during which time the City Manager was directed to monitor Dr. Ostriker's compliance with the conditions imposed by Resolution No. 1195. Section 2. On January 23, 2017, the City Council heard a status report on Dr. Ostriker's implementation of the conditions set forth in Resolution No. 1195 from the City Manager and heard testimony from the public regarding the Dr. Ostriker's compliance with Resolution 1195. During the presentation of this evidence, the City Council learned that Dr. Ostriker had not constructed an enclosed dog run, and that he did not plan to do so in the near future. At the meeting, Dr. Ostriker further testified before Council that due to the requirement that Azul not be walked anywhere within the City, he is currently placing Azul in his vehicle and transporting him outside of the City, twice a day, so that Azul may relieve himself. Section 3. Following the City Manager's report and the public testimony, including testimony from Dr. Ostriker, the City Council reviewed and considered the information in the record, including evidence presented by Dr. Ostrikerand finds as follows: A. In the absence of a dog run, as conditioned by Resolution No. 1195, Azul can relieve himself outdoors only if transported by automobile to a location outside the City. It is infeasible and inhumane to limit Azul's ability to relieve himself outdoors to the times when he is transported out of the City via automobile, and only twice per day; B. Dr. Ostriker's alternative to constructing a dog run — limiting Azul's access to the outdoors to those occasions when he is driven to a location outside the City — does not account for unforseen circumstances, such as inclement weather, emergencies, or illness on the part of either Dr. Ostriker or Azul. Consequently, it is unrealistic, impractical and ultimately doomed to fail; C. It is inhumane to confine Azul to the interior of the Ostriker home with the sole exception of those occasions when he is driven outside the City; the only acceptable solution that advances the City's goal of protecting neighboring pets from Azul's aggressive and violent behavior and providing for well-being of the dog, is the construction of a fully enclosed dog run on the property where Azul lives. Section 4. Consequently, and based on the foregoing, the City Council hereby modifies Resolution 1195 as follows: A. Azul is ordered confined to the interior of the home on the Ostriker property and shall be kept indoors at all times except when he is placed in the dog run constructed as ordered in paragraph B below. B. Dr. Ostriker shall construct a fully enclosed and secure dog run with a concrete pad on his property within 45 days from the date of this Resolution. C. Azul shall not be walked outdoors off the Ostriker property anywhere within the territorial boundaries of the City of Rolling Hills. D. Azul may be placed within a secured vehicle for the purposes of being transported outside of the City. Resolution No. 1203 -1- c) E. Any time Azul is being transferred to either the dog run or a secured vehicle, he must be leashed and under the control of an adult capable of controlling him. Section 4. The City Council reserves jurisdiction over this matter for 90 days, during which time the City Manager is directed to monitor Dr. Ostriker's compliance with the conditions imposed herein. Should Dr. Ostriker not be in compliance, the City Manager shall schedule a hearing before the City Council. Section 5. The remedial provisions of this Resolution supersede the remedial provisions set forth in Resolution No. 1195. PASSED, APPROVED AND ADOPTED this 13a` day of February, 2017. ATTEST: (In fst9 Heidi Luce City Clerk Resolution No. 1203 -2- STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS The foregoing Resolution No. 1203 entitled: SS AN AMENDMENT TO RESOLUTION NO. 1195 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE DECISION OF THE CITY MANAGER, FOLLOWING THE APPEAL FILED BY DR JEFFREY OSTRIKER, WHICH ORDERED THE CONFINEMENT OF AZUL TO THE OSTRIKER PROPERTY. was approved and adopted at a regular meeting of the City Council on February 13, 2017 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Pieper and Mayor Dieringer. NOES: Councilniember Wilson. ABSENT: None. ABSTAIN: None. I if) p Heidi Luce City Clerk Resolution No. 1203 M arch 29, 2017 y me . w • TA -iv �.•i v n N N limik .47 ���r r fey q 44.; 149 A A44 .1 'V '\ \ i ) A a V. I LLOZ`6Zy3J V\ • 10 0" • * Nrk..4a ita..4491 M arch 29, 2017 Q ' >5, 1 `,, . ;max,' • S y ? cr- - ` tae 14 Ra&W, qee4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8-B Mtg. Date: 04/10/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: DISCUSSION OF FISCAL YEAR 2017/18 BUDGET PRIORITIES DATE: APRIL 10, 2017 RECOMMENDATION It is recommended that the City Council identify and discuss its priorities for Fiscal Year (FY) 2017/18. BACKGROUND Annually, as part of the process of preparing the fiscal year budget, the City Council is asked to identify budget priorities. In turn, the priorities are incorporated into the budget that is prepared by staff and presented to the City Council for adoption. Staff is currently in the process of developing the proposed FY 2017/18 budget and is scheduled to review it in draft form with the City Council Finance/ Budget/Audit Committee at its meeting of May 16th. Incorporated into the draft budget are the priorities identified herein, based on an assessment of current and anticipated projects. It is requested that the City Council review the priorities and consider additions, changes or modifications for preparation of the final proposed budget. DISCUSSION The following represents the projects and tasks identified by staff as work plan priorities in FY 2017/18 and beyond. Based on staff's existing responsibilities, part- time and/or contractual services are incorporated to accomplish several of the projects. 0 1. Finalize the amendments to the View Preservation Ordinance (possibly with a new title), and hold an election to repeal Measure B. 2. Develop guidelines for stable and corral design and functionality. 3. Initiate various Zoning Code Amendments 4. Coordinate the design and benefit assessment work associated with the Eastfield Undergrounding of Overhead Utilities Project. 5. Coordinate planning and construction of the ADA elements of the Tennis Court Improvement Project. 6. Continue Civic Center Landscape and Hardscape Replacement Program 7. Redesign Planning Department's document storage area to properly store the Planning Department's growing file inventory and allow for easier access to plans/documents. Includes purchasing new EasiFile cabinets for storage of plans. 8. Initiate fully funded Ca1PERS Retirement Liability Obligation. 9. Installation of Financial System Upgrade. 10. Continue Community Wildfire Protection Plan 11. Conduct Traffic Speed Survey 12. City Hall ADA Transition Plan 13. Pervious City Hall Parking Lot Replacement —Storm Water Management Project Fund Balance Commitment 1. General Plan Update (Safety Element to be prioritized) Minimum $600,000 FISCAL IMPACT The City Council's additions or changes to the list of priorities, with their fiscal implications, will be addressed in the proposed budget. The budget will be presented to the City Council on June 12, 2017 for consideration. NOTIFICATION The City Council agenda with this item identified for discussion will be included in the City's newsletter of April 5, 2017. CONCLUSION By identifying annual priorities, the City Council allocates City resources thus creating a work plan that guides staff for the year. RRC Budget Priorities.doc Rollie, get4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8-C Mtg. Date: 04/10/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER kii" SUBJECT: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY AND scon; LLP FOR PROVIDING THE CITY OF ROLLING HILLS ACCOUNTING, FINANCE AND TREASURY SERVICES. DATE: APRIL 10, 2017 ATTACHMENTS: Proposal Proposed Agreement RECOMMENDATION It is recommended that the City Council direct and provide the City Manager with authority to enter into an agreement, effective July 16, 2017 through July 15, 2020 with an option to renew the agreement through July 15, 2022, with Rogers, Anderson, Malody and Scott, LLP ("RAMS") to provide the City with all aspects of accounting, finance and treasury services. BACKGROUND The City's contract with RAMS to provide the City's accounting, finance and treasury services ends on July 15, 2017. As allowed in 3.04.070 in the Rolling Hills Municipal code, the City Manager can make a determination to keep an existing contractual service provider if the contractor has demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. The City Manager believes that RAMS meets this criteria and recommends that they continue providing the City's financial services in order to maintain the continuity of this important internal service that keeps the City functioning smoothly. There is a tremendous benefit of RAMS knowing the City's operations and organizational culture. The services provided by RAMS have been very good and their staff is easy to work with on all subjects. Their skills are dynamic and they are always available to work on any special financial inquiry the City has asked of them. The Finance Director has achieved the respect and confidence of the Finance -Budget - Audit Committee and the City Council, which is vital when providing recommendations to important financial decisions. Furthermore, the firm has retained the City's former in house Finance Director to complete the City's budget that has been invaluable resource for this important task. The budget preparation process would be much more difficult and time consuming if RAMS did not retain this individual. The City this year agreed to pay for 50% of this individual's services with RAMS paying the other 50%. However, as part of the proposed agreement, RAMS agreed to pay 2/3 the cost of this service for the entire period of the new contract. Since the RAMS proposal to maintain the present contract is only asking for a very modest annual increase for the entire length of the proposed contract, it is clear that it would the in the best interest of the City to continue the relationship with RAMS to provide the City's financial services. DISCUSSION In November 2011, staff became aware of a Ca1PERS provision that precluded the City's then Finance Director, a retiree from a Ca1PERS agency, from continuing his part-time employment with the City. In summary, relative to Rolling Hills, Ca1PERS prohibits retirees from working over 12 months unless there are special skills required for the work and financial services did not qualify. The Finance Director and coincidently the bookkeeper both retired at the same time that necessitated an immediate change of plan in the way the City's financial services would be performed. Despite the size of Rolling Hills, the scope of the City's accounting, finance and treasury services is basically the same as a large City. The breadth, procedural and technical aspects of the work are similar between small and large cities; in comparison, Rolling Hills has a smaller number of accounts, number of payables and vendors, and amount of money to invest, etc. Therefore, on the basis that finding an experienced, non -retired, governmental Finance Director to work part-time without benefits, for an extended time period (e.g., at least three to five years) and be responsible for a vast scope of work, it was determined that hiring a firm for accounting, finance and treasury services was the optimal solution. Furthermore, it was concluded that if the cost of a Bookkeeper provided by a firm were not excessive, it would be better to consolidate the entire function for streamlining the workflow and supervisorial oversight. The City distributed a Request for Proposals to seven firms for financial services. Only four of the firms submitted a proposal. There were ultimately only two competitive qualified bids, and one dropped out late in the process leaving only RAMS. Through staff's analysis, RAMS was determined to be the best fit for the City; because they have the right in-house staff support, resources, experience, personnel, and commitment to meet the City's immediate and on -going needs. Staff called the references of RAMS and they were positive. After proper due diligence, the staff recommended them, and the City Council approved the agreement. O At this point, staff is comfortable with RAMS as its financial services provider. Since it is such a vital service where trust is the most important element in performing this service, staff could find no good operational or financial reason to change it. RAMS has demonstrated an excellent track record managing the financial and human resources components for the City over the last five years. Since the contract is ending with RAMS, it is believed that moving forward with a contract renewal with them will expedite this process and allow staff to move forward with other work. Beyond five years of quality service, staff wanted to provide further reasons to the City Council why to keep RAMS: 1. RAMS is very familiar with our financial systems, processes and procedures. 2. RAMS has a track record of meeting deadlines. 3. The staff of RAMS are experienced as accountants 4. RAMS has experience serving other agencies in a similar capacity. Their personnel have the experience necessary to fulfill, with quality and expertise, the City's Scope of Work. 5. RAMS has familiarity with the City's fiscal and financial standards, recognize the importance placed by the City and Auditor on internal controls and separation of duties; and understands the City's audit requirements and procedures. Five City audits have been performed and no findings have been made about the City's financial records under RAMS tenure. 6. RAMS has the internal resources to back-up and train staff as well as meet the City's needs, is committed to serving the City and, has the depth to address policy, procedures and a variety of big and small issues and questions that arise. 7. With RAMS, the City does have to contend with issues involving Ca1PERS retirees serving or the time to find difficult qualified part time employees the City. 8. RAMS proposed fee schedule (through July 15, 2022) is reasonable and their costs are commensurate with the current City expenditures for this service. It is proposed that RAMS' continue its services beginning on July 16, 2017 through July 15, 2020 as a 3 -year contract. Further, it is proposed that the agreement include a provision for continuing RAMS' services at the City's option for two additional years at the City's option through July 15, 2022. The agreement includes modest annual cost adjustments over the five-year contract. These costs are commensurate to the funds the City currently budgets for financial services. The contract also provides both parties with the ability to terminate the agreement at anytime with 30 days notice. The timely retention of a firm to provide accounting, finance and treasury services is important for the big projects on the immediate horizon such as the preparation of the 2017/18 fiscal year budget, the Tennis Court Improvement Project and Eastfield Undergrounding Project. If the City Council chooses a different direction, it would take significant staff time from these and other important pending projects. If directed, staff would commence the Request for Proposal (RFP) process including preparation of the RFP, solicitation of proposals, interviews with the selected firm and making a recommendation to the City Council. Additionally, once the RFP process is complete and the agreement awarded, there would be a transition period and learning curve if a different firm is ultimately selected. The change in the staffing mode was disruptive five years ago to the organization and this recommendation is meant to prevent that from occurring again. Staff has faith that RAMS will continue to perform this service at a high level, so it again recommends that the City Council provide the City Manager the authority to enter in the contract. FISCAL IMPACT The proposal's fees are outlined in the following schedule. Accounting, Finance and Treasury Services Fiscal Year Annual Fee % Increase 2017-18 $85,600 2.00% 2018-19 $87,300 1.99% 2019-20 $89,000 1.95% Two-year option 2020-21 2021-22 $90,700 $92,500 1.91% 1.98% Supplemental Budget Preparation Services Fiscal Year Annual Fee % Change 2017-18 $3,168 -34% 2018-19 $3,168 0% 2019-20 $3,168 0% Two -Year Option 2020-21 $3,168 2021-22 $3,168 NOTIFICATION 0% 0% $ Increase $1,705 $1,700 $1,700 $1,700 $1,800 $ Change ($1,632) 0 0 0 0 RAMS has been advised that staff's recommendation is agendized for City Council consideration on April 10, 2017 and, a representative of the firm is scheduled to be in attendance at the meeting. RC:hl Finance -Accounting -Treasury Seroices.docx 735 E. Carnegie Dr. Suite 100 San Bernardino, CA 92408 909 889 0871 T 909 889 5361 F ramscpa.net i:t.P.ti',ERS _, enda L Qrie CA.MST 7.2rTy P. Shat. CPA <akA. hrar.s,CP.A iron W. h'iann°. CPA. CGMA ? eEn : Si,anat :r. CPA. t iS i'. Cc MA Sr.ad';rrd A. `•.. ;€�' CPI. M64.. C ir. py H. Zc•rcn=_r, CPA ;Partnes rr>rlrira H. Wa€I :. , CPA : Parrnz:r Em ' :. Mr,€4AGEbtS; STAFF jenry l.:u. ,:PA. MST CPA. ,•M45i. C ha•.iC5 €?a S;rrnr..._PA Nat., -van S;ariarA. CPA, t-SCA r t, CPA. 1.4.SA ��-,'%'•::tr;i r,It C A cOl:!`:faltii PC.PS T;>e h!CP.A ,U1.'.,.re cz.• CFA F0775 Governrn r •a'.3ude .1 u ed Pub„ .. Ac: ;,nra:as ROGERS, ANDERSON, MALODY & SCOTT, LIP CE# Ti rIED PUBLIC ACCOUNTANTS, +iNCE %4�•: March 16, 2017 Raymond Cruz, City Manager City of Rolling Hills 2 Portuguese Bend Rd Rolling Hills, CA 90274 Dear Raymond: RECEIVED APR 0 4 2017 City of Rolling Hills By We would like to take this opportunity to thank you and your staff for the confidence and support you have provided to us over the past years, and present this letter for your consideration regarding extending our accounting services contract with the City of Rolling Hills. We are proud of the excellent service our firm has provided the City, we have met every deadline and have completed five annual audits with no findings. Per your request, we are pleased to present this proposal to extend our accounting services contract for five additional five fiscal years, beginning with fiscal year 2017-18. Our proposed fees for the new term are as follows: Fiscal Year 2017-18 2018-19 2019-20 2020-21 2021-22 Annual Fee $ 85,600 87,300 89,000 90,700 92,500 % Increase Increase 2.00% $ 1,705 1.99% 1,700 1.95% 1,700 1.91% 1,700 1.98% 1,800 We will continue to use Jim Walker to assist us in the preparation of the annual budget. For fiscal year 2016-17 we shared the additional cost of $9,600, $4,800 for RAMS and $4,800 for the City. For this new contract period we will pick up 67% of the cost $6,432 and the City's portion will be 33% which is $3,168 each year for an additional cost over the five years of $15,840. Our portion of the annual fee of $6,432 is included in the fees above. We will invoice the City for its share in June of each year after the adoption of the budget. If we do not incur these costs we will not invoice the City for the additional costs. STABILITY. ACCURACY. TRUST. Raymond Cruz, City Manager/ March 16, 2017 City of Rolling Hills Page 2 As has been the case during our current contract period, we will continue to provide continuity of staffing and attend Council meetings as necessary. We value the City as an important client and look forward to continuing our services beginning with fiscal year 2017-18 through fiscal year 2021-22. Please do not hesitate to contact us for further clarification. We look forward to continuing our professional relationship with the City Very truly yours, ROGERS, ANDERSON, MALODY & SCOTT, LLP Terry St , Partner Certified Public Accountant 6.) DRAFT PROFESSIONAL SERVICES AGREEMENT This AGREEMENT, made and entered into this day of 2017 by and between the CITY OF ROLLING HILLS, hereinafter called the "CITY" and ROGERS, ANDERSON, MALODY AND SCOTT, LLP, hereinafter called the "CONSULTANT." 1. RECITALS: A. CITY desires to retain CONSULTANT to provide finance, accounting and treasury services consistent with governmental accounting standards, laws, and best practices. B. CONSULTANT is well qualified by reason of experienced personnel to perform such services; and C. CONSULTANT is willing to render such professional services as defined in the Request for Proposals for FINANCE, ACCOUNTING AND TREASURY SERVICES. 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 set forth in the scope of work attached as Exhibit A. 3. CITY RESPONSIBILITIES CITY shall provide information and documents as may be necessary to assist with the work, office space, office equipment, and parking for the CONSULTANT. 4. 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 Fee Schedule, Exhibit B. Total expenditure made under this Agreement shall not exceed an annual sum of $95,668 including reimbursable expenses. Any increase in Agreement amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. 5. METHOD OF PAYMENT CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided per Exhibit B. CONSULTANT shall submit invoices addressed to the CITY, 2 Portuguese Bend Road, Rolling Hills, CA 90274. Invoices will be paid within 30 days of their receipt. DRAFT April 10, 2017 Page 1 of 8 6. SUBCONTRACTING CONSULTANT shall not be permitted to subcontract any portion of this Agreement without the express written consent of the CITY. 7. COMMENCEMENT OF WORK CONSULTANT shall commence work under this agreement upon execution of this Agreement. 8. 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 during this Agreement period and thereafter for five years from the date of final payment. 9. OWNERSHIP OF DATA All visuals, drawings, data, written documents and other material prepared under this Agreement shall become the property of the CITY. 10. TERM OF AGREEMENT This Agreement shall be valid for three years from execution of this Agreement. The CITY may extend this Agreement for an additional two years. Extensions of the term of this Agreement shall be made in writing and agreed upon by the CITY and the CONSULTANT. 11. TERMINATION Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. Immediately upon receiving written notice of termination, CONSULTANT shall discontinue performing services. The termination without cause of this Agreement shall not terminate the parties' rights and obligations with respect to work and/or work product provided during the term or any extension thereof. Should the Agreement be breached in any manner, the non -breaching party may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the breaching party to remedy the violation within the stated time or within any other time period agreed to by the parties. 12. ASSIGNABILITY CITY or CONSULTANT shall not assign or transfer interest in this Agreement without the prior written consent of the CITY. 13. AMENDMENT It is mutually understood and agreed that no alteration or variation of the terms of this Agreement, 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. DRAFT April 10, 2017 Page 2 of 8 14. 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. 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 to the degree determined in a final and non - appealable judgment or by agreement of the parties to be proportionate to its liability. 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 attorneys 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) with respect to claims determined by a trier of fact to have been CONSULTANT's allocated share of liability. 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. 16. INSURANCE A. Without limiting CONSULTANT'S obligations arising under paragraph 15 - 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 with minimum coverage of $1,000,000 for property damage, $1,000,000 for injury to one person/single occurrence, and $1,000,000 for injury to more than one person/single occurrence. ii. General Liability Insurance, insuring CITY, its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. iii. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by, and statutory requirements of, the State of California. 0 DRAFT April 10, 2017 Page 3 of 8 iv. Professional Liability Coverage. The 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 be by the CONSULTANT or by its employees, subcontractors, or sub -consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single -limit -per -occurrence basis. v. Fidelity or Commercial Crime Insurance for all CONSULTANT'S employees with a limit of not less than $1,000,000 that names the City of Rolling Hills as the Loss Payee. B. Deductible Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insured on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. 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. F. Self Insured Retention/Deductibles. All policies required by this Agreement to name the CITY as additional insured shall allow CITY, to satisfy the self -insured retention ("SIR") and/or deductible of the policy in lieu of the CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the City Manager. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONSULTANT'S behalf upon the CONSULTANT'S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach. DRAFT April 10, 2017 Page 4 of 8 17. 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. 18. 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. Nothing herein precludes individual property owners or residents from independently retaining the CONSULANT, individually or as a group, for personal consultation. 19. INDEPENDENT CONTRACTOR The CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. 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. 20. PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by CONSULTANT or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing services on CITY'S premises. 21. CONFIDENTIALITY CONSULTANT in the course of its duties may have access to confidential data of CITY, private individuals, or employees of the CITY. CONSULTANT covenants that all data, documents, discussion, or other information received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without written authorization by the owner thereof. CITY shall grant such authorization if disclosure is required by law. All data or documents received from CITY shall be returned upon the termination of this Agreement, excepting that one complete copy of CONSULTANT'S project may be maintained in its permanent records in accordance with the provisions of this section. CONSULTANT'S covenant under this section shall survive the termination of this Agreement. 22. 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 DRAFT April 10, 2017 Page 5 of 8 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 CITY and CONSULTANT. 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. In the event of litigation over the interpretation or alleged breach of this Agreement, venue shall be in the state courts in Los Angeles County, California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Raymond R. Cruz City Manager Date: ATTEST: Heidi City Clerk APPROVED AS TO FORM: Mike Jenkins City Attorney CONSULTANT Rogers, Anderson, Malody & Scott, LLP 735 E. Carnegie Drive, #100 San Bernardino, CA 92408 Terry Shea Certified Public Accountant, Partner Date: DRAFT April 10, 2017 Page 6 of 8 Exhibit A SCOPE OF WORK The City seeks a firm to provide all aspects of finance, accounting and treasury services ranging from performing basic accounting functions to high-level policy development and presentation on a part-time basis at approximately 20 hours per week. The firm awarded the agreement is to have sufficient depth and breadth of personnel to provide on -going future services (for succession) as a result of breaks or changing of the individual(s) assigned to the City. Staff assigned to the City will be required to comply with all finance -related laws and ethics, obtain a Fidelity Bond and complete Economic Interest Form 700. The firm will be required to meet the City's insurance requirements. Under minimum supervision, the services desired by the City include accounting, bookkeeping, cash management, assessment billing, budgeting, records management, report preparation, financial analysis, payroll functions, daily and long-term investment functions, presentations and all other financial services associated with municipal operations. Examples of services include: 1. Accounting functions such as maintaining ledgers, year-end closings, and fixed asset schedules. 2. Preparation and production of the Annual Financial Statements, reports and statements in accordance with GAAP, Sarbanes-Oxley, GFOA, State and Federal and other professional and legal standards. 3. Processing and recording all revenues. 4. Processing all warrants. 5. Working with the financial institutions, auditor, contractors and employee benefit providers. 6. Performing reviews and audits of financial data including quarterly federal and state payroll reports. 7. Preparing and presenting fiscal year and mid -year budget including projections, fee schedule, Gann limit, rates, and forecasts. 8. Utilizing office automation for spreadsheets and financial and budget reports and using Fund Balance software for all accounting practices. 9. Cash management including investing, transfers, monitoring balances, reconciling statements and maintaining petty cash. 10. Reporting to local and state agencies relative to revenues and expenditures. 11. Maintaining all personnel files and serve as personnel officer. 12. Performing special projects and duties as assigned/necessary. 13. Developing and implementing best practices and policies. 14. Provide coverage of the front counter and telephones as necessary. 15. Payroll and benefit administration 16. False alarm billing 17.Assist City Manager with administrative duties and research pertaining to budget and finance. 18.Attending and presenting at City Council, community and other meetings as required. 19. Communicating directly with City Council, staff and the public. 20. Working in emergencies/disasters, as needed, as City's Finance Director. The firm selected for the work must be familiar with and maintain internal controls to the extent possible in a small organization. DRAFT April 10, 2017 Page 7 of 8 EXHIBIT B FEE SCHEDULE Accounting, Finance and Treasury Services Fiscal Year Annual Fee % Increase $ Increase 2017-18 $ 85,600 2.00% $ 1,705 2018-19 $ 87,300 1.99% $ 1,700 2019-20 $ 89,000 1.95% $ 1,700 2020-21 $ 90,700 1.91% $ 1,700 2021-22 $ 92,500 1.98% $ 1,800 Supplemental Budget Preparation Services* Fiscal Year Annual Fee % Change $ Change 2017-18 $ 3,168 -34% $ -1,632 2018-19 $ 3,168 0% $ 0 2019-20 $ 3,168 0% $ 0 2020-21 $ 3,168 0% $ 0 2021-22 $ 3,168 0% $ 0 * To retain Jim Walker to assist in preparation of the annual budget. Will be invoiced annually in June of each year after adoption of the budget. Will not be invoiced if expense is not incurred. DRAFT April 10, 2017 Page 8 of 8 TO: FROM: THRU: SUBJECT: e4 Rd/4ff ge, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8-D Mtg. Date: 04/10/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HEIDI LUCE, CITY CLERK RAYMOND R. CRUZ, CITY MANAGER DISCUSSION AND CONSIDERATION OF UPDATING THE CITY'S TECHNOLOGY UTILIZATION POLICY TO MAKE IT APPLICABLE TO CITY COUNCILMEMBERS AND COMMISSIONERS; AND SETTING UP AN EXCHANGE SERVER IN ORDER TO AID IN COMPLIANCE WITH THE CITY'S E-MAIL RETENTION POLICY. DATE: APRIL 10, 2017 ATTACHMENTS: Technology Utilization Policy RECOMMENDATION Staff is seeking the City Council's approval to amend the City's Technology Utilization Policy to make it applicable to City Councilmembers and Commissioners; and set up an Exchange server to aid in compliance with the e-mail retention policy. BACKGROUND On March 2, 2017, the California Supreme Court issued its long-awaited opinion in the San Jose Public Records Act case, reversing the court of appeal and holding that communications (texts, emails, etc.) pertaining to public business on private/personal devices and private servers are public records subject to inspection and disclosure. In light of this decision and given that the City previously only provided one general e- mail address for City Council communication; the City Council, at its meeting on February 13, 2017 directed staff to proceed with creating an e-mail address for each City Councilmember and Commissioner. All of the e-mail addresses have been created and City Councilmembers and Commissioners will be provided with a web mail portal through which e-mail messages can be checked and sent. Additionally for those Councilmembers/ Commissioners who wish to receive their e-mail messages to a handheld device such as a cell phone or tablet, those devices can be set up to automatically receive and send messages as well. Although the opinion does not address the retention of communications on private devices; the same retention rules that apply to staff emails on the City's server as set forth in the City's document retention policy and email policy will apply to Councilmember and Commissioner email messages. The City's Technology Utilization Policy (attached) provides the framework for City's retention policy with regard to e- mail messages (see Section F). The policy states that emails are not intended to be retained unless a staff member takes some affirmative action (such as printing it out in hard copy and filing it, or putting it into a separate electronic folder) to save it. Otherwise, the emails are to be deleted and purged after 30 days. DISCUSSION Staff proposes to modify the City's Technology Utilization Policy to make it applicable to Councilmembers and Commissioners. Adherence to 'this policy assures that the City doesn't accumulate excessive emails that would have to be searched in the case of public records requests. In discussing the process for automatically deleting the e-mail messages every 30 days with the City's IT service provider, staff learned that the City's current process for deleting staff e-mail messages where the e-mail software on each individual desktop computer is set up to automatically delete the messages won't work for the City Council/Commissioner messages. Instead, the server would need to be set up to accommodate automatic deletion directly from the server instead of individual device. For this process to work, purchasing Microsoft licensing for the additional e-mail addresses is required. If the City Council chooses to proceed with amending the City's Technology Utilization Policy to make it applicable to City Councilmembers and Commissioners, staff recommends purchasing the license agreement so that the new e-mail addresses can be configured in such a way that any e -mails over 30 days old are automatically deleted as is done with staff e-mail messages. FISCAL IMPACT Accomplishing this objective requires purchasing Microsoft licensing for the mailboxes on the Exchange server at a one-time cost of $1,100, plus $400-500 in IT services to set up the mailboxes and configure the individual devices. Any additional IT support required for those mailboxes would be subject to the City's contracted rate for IT services, but it is not anticipated that there would be much further need for support. 0 Sufficient funds exist in the Contingency Fund within the current fiscal year budget to cover this expense, which could be made under the City Manager's authorization. CONCLUSION Staff is seeking the City Council's approval to amend the City's Technology Utilization Policy to make it applicable to City Councilmembers and Commissioners; and set up an Exchange server to aid in compliance with the e-mail retention policy. HL, Technology Utilization -Exchange Server Staff-report.docx THIS PAGE INTENTIONALLY LEFT BLANK CITY OF ROLLING HILLS ADMINISTRATIVE POLICY/PROCEDURES TECHNOLOGY UTILIZATION POLICY Original Version Effective: 01/10/2011 Current Version Effective: 01/10/2011 See end of document for complete policy history. Subject Electronic Communications, Voicemail, Internet, Intranet and Network Usage Purpose To establish policy and procedures for access to and usage of the Internet, electronic communications and voicemail. Application This policy shall apply to staff, consultant, City Councilmembers, Planning Commissioners, Traffic Commissioners and public use of the City's information technology and communication systems inclusive of computers, telephones, and both hardware and software applications. Enforcement The City Manager or, if necessary, the City Attorney shall be responsible for enforcing this policy. Policy The City's information and communication systems and equipment shall be used solely for City purposes. All electronic communications are officially the property of the City, including E -mails, Telephone, Intranet, Software and Network Systems. The City reserves the right to retrieve and make proper and lawful use of any and all communications transmitted through these systems. Users should have no expectation of privacy in communications sent over the network as electronic communications are not confidential. For purposes of this policy, electronic communications shall also include all messages, activity and transactions transmitted over the Internet as well as the City's calendaring, instant messaging, telephone, voicemail, and other communication systems. A. PROPER USE OF ELECTRONIC COMMUNICATIONS SYSTEMS, TELEPHONE, VOICEMAIL, INTERNET, INTRANET AND NETWORK RESOURCES 1. Use of and communications transmitted over these systems shall involve City business activities or contain information related to the accomplishment of City business or employee relations. 2. Job related professional development, educational activities and information sharing with business and professional colleagues that are incidental to an employee's duties are generally within the scope of employment for purposes of this policy. 1 TECHNOLOGY UTILIZATION POLICY 01110Rev. 04/10/20174 3. Occasional non -business use of information and communication systems and equipment is permitted as a privilege provided by the City for the convenience of its employees while at work, but shall not interfere with City operations, result in increased costs to the City or be done in a manner that violates this policy. 4. Employees should take reasonable care to prevent introduction or spread of computer viruses into or through the City's communication and information systems and equipment 5. Users are responsible for the management of their mailbox and its associated folders, subject to the provisions of Section E of this policy. B. PROHIBITED USES OF ELECTRONIC COMMUNICATION, TELEPHONE, VOICEMAIL, E-MAIL, INTERNET, INTRANET AND NETWORK RESOURCES 1. Communications that disrupt or threaten to disrupt the efficient operation of City business or administration are prohibited. Such communications include, but are not limited to, those that publicize a personal dispute other than according to an approved grievance or complaint procedure, those that constitute insubordination, those that may harm working relationships, those that may take employees away from their assigned tasks, those that may undermine the City's ability to provide public services through its employees, those that harm the integrity of the system or network, those that could reasonably be expected to directly or indirectly cause excessive strain on any of these resources or those that interfere with others' use of these resources. 2. Communications that violate law, violate individual rights, or that violate City policy or public policy of the State of California are prohibited. Such communications include, but are not limited to: a. Communications which are pornographic or obscene. b. Communications in conflict with the City's Sexual Harassment Policy or any other policy prohibiting discrimination, including harassment, on the basis of race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, medical condition, veteran status, marital status, sexual orientation or any other status protected by local, state or federal law. c. The use of racial, religious or ethnic slurs. d. Communications intended to harass or annoy. e. Threats to personal safety. f. The use of a false identity (the name or electronic identification of another). 3. The City's electronic communication systems, telephone, voicemail and network shall not be used to solicit or proselytize others for non job related commercial ventures or products, religious or political causes, outside organizations or other. non job related solicitations. 4. The City's electronic communication systems, telephone, voicemail and network shall not be used to transmit confidential, private or proprietary information. TECHNOLOGY UTILIZATION POLICY 2 I l l 01/10Rev. 04/10/20174- 5. Copying of City network security, operating system security and/or configuration files is prohibited. 6. Any attempt to circumvent passwords, security, permissions, or rights on any internal or external system using the City's network, computers, or Internet access is prohibited. If changes or additions to access are needed, contact should be made to the City Manager. 7. The willful introduction of malicious code such as computer "viruses," "worms," "Trojan horses," "trap-door code," "denial -of —service attacks," or other disruptive and/or destructive programs —into the City's computer systems or network is prohibited. 8. Copyrighted material may not be installed, duplicated or distributed using the City's network or computer systems without the appropriate licenses or permission from the copyright holder. 9. It is a violation of City policy for any user to use the electronic mail and computer systems for purposes of satisfying idle curiosity about the affairs of others, for obtaining access to the files or communications of others with no substantial business purpose or legal authority. 10. Deletion, examination, copying, or modification of files, emails and/or data belonging to other users without their prior consent is prohibited, except as noted in Section C. 11. Continuing a burdensome consumption of system resources, after receipt of a request to cease such activity, is prohibited. 12. Users may not install software or hardware on City information and communication systems, such as desktop or laptop computers without authorization. C. STATUS OF ELECTRONIC COMMUNICATIONS 1.. Communications are not confidential and are subject to review by City management, except= for —the —content —of -non_ business -cocommunications using systems or servers outside of the City's network and control, accessed from the City's network via the Internet using City provided web browsing software. 2. Telephone call records may be used in response to public records requests. 3. Electronic communications may be subpoenaed or requested under the Public Records Act and/or may be used as evidence in court or as part of an investigation. The City will raise objections and privilege appropri t to the disclosure of electronic communications and to protect privacy interests of users, but cannot guarantee that these communications can be protected from disclosure. When the City is obligated or directed to disclose electronic communications, the content of electronic communications and/or documents may be disclosed within or outside of the City without employee permission or knowledge, although the City will endeavor to provide notice whenever feasible. 1 TECHNOLOGY UTILIZATION POLICY 3 01/10Rev. 04/10/20174- In view of the foregoing, users use the City's electronic communication systems for non -business purposes at their own risk. 4. The City Manager has the authority to access communications in the system at any time for any lawful City business -related reason. 5. The City has unlimited access to protect system security or the City's property rights. D. EMAIL MESSAGE DISCLAIMER 1. All email generated from City personnel, elected and appointed officials utilizing City equipment, systems and/or resources must contain the following disclaimers following the author's closing/signature: This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. WARNING: Computer viruses can be transmitted by e-mail. The recipient should check this e-mail and any attachments for the presence of viruses. The CITY OF ROLLING HILLS accepts no liability for any damage caused by any virus transmitted by this e-mail. 2. The disclaimers must be in a clearly legible font (e.g., Veranda, Times New Roman, Arial, etc) no smaller than the font size of 7.5. E. PENALTIES FOR MISUSE OF ELECTRONIC COMMUNICATION SYSTEMS, TELEPHONE, VOICEMAIL, EMAIL, INTERNET, INTRANET AND NETWORK RESOURCES 1. Failure on the part of any employee to comply with the provisions of this policy may subject the employee to progressive disciplinary action in accordance with the City's personnel rules. Disciplinary action may include suspension or revocation of the privilege of using or accessing the system, if doing so would not otherwise materially impair the employee's ability to perform his or her job. 2. Failure on the part of any appointed official to comply with the provisions of this policy will constitute grounds for the City Council to deny the official access to the system and/or for removal. 3. Failure on the part of any non -employee, contractor or consultant to comply with the provisions of this policy will constitute grounds for termination of their relationship with the City. F. RECORDS MANAGEMENT 1. Electronic communications which are intended to be retained in the ordinary course of the City's business are recognized as official records in need of protection/retention in accordance with the California Public Records Act. Because the system is not designed for long-term storage, electronic 1 TECHNOLOGY UTILIZATION POLICY 4 01110Rev. 04/10/2017-1- communications which are intended to be retained as an official record should be printed out and the hard copy filed in the appropriate subject file or are to be stored in an appropriate electronic folder on the City server, not within the email system. 2. The City will maintain hard copies of all electronic communications determined by staff to be official records in accordance with the City's retention schedule. These hard copies may be subject to public disclosure, even if they are drafts or informal notes, unless the need to retain their confidentiality outweighs the need for disclosure (Government Code Section 6254(a)), or unless protected by another exemption from disclosure. 3. Electronic communications which are not intended to be retained and which serve no useful purpose to the City should be deleted from the system. 4. It is the City's policy that emails be purged from the server and every City computer (including but not limited to the in -box, sent and deleted folders) within 30 days. Each individual staff person is responsible for his/her assigned computer until such time that the City's E-mail system is configured to purge messages automatically. Once purged, these emails are not subject to recovery for any purpose. G. E-MAIL ETIQUETTE This Section is intended to serve as guidelines and failure to adhere to the below guidelines will not be subject the user to disciplinary action. 1. Through communications both internally and externally, it is critical that you maintain a professional image for both yourself and the City. 2. Be certain that your message is addressed to the proper person. Be sure you check the list of persons being E -mailed when you choose a REPLY ALL function. E-mail should not be used for broadcast purposes unless the message is of interest to all users. 3. Capitalize words only to emphasize an important point or to distinguish a title or heading. Capitalizing whole sentences or paragraphs is generally interpreted as shouting. 4. Be professional and careful of what you say about others. E-mail is easily forwarded and blind copied. 5. Be cautious when using sarcasm and humor. Without face to face communication, humor may be viewed as criticism. By the same token, also carefully read what others write. The perceived tone may easily be misinterpreted. 6. Some messages, especially those written in "the heat of the moment," are best unsent. Think twice before sending angry or sarcastic messages or using E-mail to let off steam. 7. Employees play a vital role in protecting the City's network from computer viruses and other security threats. Please make every effort to exercise safe computing and ask for assistance whenever a problem is suspected. TECHNOLOGY UTILIZATION POLICY 5 01/10Rev. 04/10/20174 H. TELEPHONE AND VOICEMAIL ETIQUETTE This Section is intended to serve as guidelines and failure to adhere to the below guidelines will not subject the user to disciplinary action 1. Users are to be courteous, respectful and attentive while on the telephone. 2. Voicemail is not to be used as a substitute to answering a City telephone during regular business hours. 3. Absent unusual circumstances, voicemail messages should be returned by end of the business day but in no event later the staff person's next working day. 4. Irate callers shall be treated with special care. Users should attempt to identify their primary complaint quickly. 5. Callers may be disconnected if the caller refuses to request to refrain from using abusive or profane language, unreasonably refuses to conclude the conversation, is unreasonably repetitive, or otherwise is not communicating in a manner that is capable of being understood. 6. Voicemail greetings shall contain the staff member's name and "City of Rolling Hills." 7. If an extended absence is expected an alternate secondary message shall be prepared. The length of the absence and the anticipated return to the office as well as the information included in the standard primary greeting shall be recorded in the alternate secondary outgoing message. I. RESPONSIBILITIES 1. The City expects all City elected and appointed officials, employees, and consultants or other non -employees to be responsible for adhering to the City policy regarding Electronic Communications, E -Mail, Internet and . Network Usage. All users will be provided a copy of this regulation, upon the granting of access to the computer network. 2. It is the responsibility of the City Manager, and any other supervisory employees to use their best efforts to take the necessary and proper steps, including disciplinary action, to maintain a working environment in accordance with this policy. 3. Any supervisory staff who observe or receive a complaint of electronic communication, E -Mail, Internet, or network misuse, as specified in this policy, whether formal or informal, oral or written, shall endeavor to resolve the problem, and then report the matter to the City Manager or, if necessary, the City Attorney. Supervisory staff shall not independently review or investigate an employee's electronic communications, but instead, shall coordinate any such review with the City Manager or, if necessary, the City Attorney. 4. The City Manager or, if necessary, the City Attorney is responsible for promptly initiating an investigation after receiving a report of an unresolved complaint or incident of any misuse as delineated in this policy. TECHNOLOGY UTILIZATION POLICY 6 l l fl l 01/10Rev. 04/10/20174 5. It is the responsibility of E-mail users that inadvertently receive unwelcome offensive or inappropriate material to report the untoward communication to the City Manager or, if necessary, the City Attorney. The user should preserve the offensive or inappropriate communication for investigative purposes, but should not forward it to individuals not involved in a City -initiated investigation. Policy Administrative History: Adopted January 10, 2011 I TECHNOLOGY UTILIZATION POLICY 7 01 /10Rev. 04/10/20174