CL_AGN_260427_CC_AgendaPacket_F1
City Council
Monday, April 27, 2026, 7:00 PM
Regular Meeting
City of Rolling Hills
The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s
website. View both the agenda and the live-streamed video.
Members of the public may submit written comments by emailing the City Clerk’s office at CityClerk@cityofrh.net. Your
comments will become part of the official meeting record if received before 3pm on the meeting day. You must provide
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View recordings to City Council meetings online.
AGENDA
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Presentations/Proclamations/Announcements
5. Approve Order of the Agenda
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.
6. Blue Folder Items (Supplemental)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda
packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.
7. Public Comment on Non-Agenda Items
This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to
the Brown Act, no action will take place on any items not on the agenda.
Page 1 of 129
2
8. Consent Calendar
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent
Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and
acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar"
section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone
wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by
Councilmembers for discussion.
8.A. Approve Affidavit of Posting for the City Council Regular Meeting of April 27, 2026
RECOMMENDATION: Approve.
8.B. Approve Motion to Read by Title Only and Waive Further Reading of All Ordinances
and Resolutions Listed on the Agenda
RECOMMENDATION: Approve.
8.C. Approve the following Minutes of April 13, 2026: City Council Regular Meeting
RECOMMENDATION: Approve as presented.
8.D. Payment of Bills
RECOMMENDATION: Approve.
8.E. Republic Services Recycling Tonnage and Complaint Reports for March 2026
RECOMMENDATION: Receive and file.
8.F. Adopt Resolution 1407 authorizing the exchange of Proposition A Funds with the
Palos Verdes Peninsula Transit Authority for General Funds; and authorize the City
Manager to execute the Fund Exchange Agreement
RECOMMENDATION: Approve as presented.
8.G. Reaffirm approval awarding an emergency construction contract to Pearce Concrete
& Masonry, Inc. for the re-routing and repair of City Hall’s water main service line in
an amount not-to-exceed $29,373, inclusive of a 5% contingency subject to minor
revisions approved by legal counsel to conform insurance requirements to
California Joint Powers Insurance Authority guidance; re-authorizing the City
Manager to execute the agreement; and finding the project categorically exempt
from the California Environmental Quality Act.
RECOMMENDATION: Approve as presented.
9. Excluded Consent Calendar Items
10. Commission Items
11. Public Hearings
12. Discussion Items
Page 2 of 129
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12.A. Discussion regarding the City of Rancho Palos Verdes' Emergency AM Radio
Program
RECOMMENDATION: Staff seeks City Council direction on the following options:
1. Provide direction to staff to further explore participation in an emergency AM radio
program in coordination with the City of Rancho Palos Verdes, including the
potential development of a Memorandum of Understanding (MOU) outlining roles,
responsibilities, and cost-sharing.
2. Provide direction to staff to continue monitoring the development and
implementation of the emergency AM radio program in the City of Rancho Palos
Verdes and return to the City Council with updates and options for consideration.
3. Provide alternative direction to staff, as determined appropriate by the City Council.
12.B. Consideration and discussion regarding the Traffic Commission's recommendation
to modify the existing Rolling Hills Municipal Code overnight parking restriction
ordinance for possible revisions or updates
RECOMMENDATION: Receive and file. Provide further direction to staff on whether to
formally modify the Municipal Code as recommended.
13. Matters From the City Council
14. Matters From Staff
14.A. Receive and file the Code Compliance Quarterly Report for the First Quarter of 2026
(January 1 - March 31)
RECOMMENDATION: Receive and file.
15. Recess to Closed Session
16. Reconvene to Open Session
17. Adjournment
Next regular meeting: Monday, May 11, 2026 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese
Bend Road, Rolling Hills, California, 90274.
Notice:
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at
which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please
contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure
accessibility and accommodation for your review of this agenda and attendance at this meeting.
Page 3 of 129
Item: 8.A.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Approve Affidavit of Posting for the City Council Regular Meeting of April 27, 2026
Background:
None.
Discussion:
None.
Fiscal Impact:
None.
Recommendation:
Approve.
Attachments:
1. CL_AGN_260427_CC_AffidavitofPosting
Page 4 of 129
Administrative Report
8.A., File # 2026-76 Meeting Date:4/27/2026
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 27, 2026
EXECUTIVE SUMMARY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.
Legislative Body City Council
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274
City Hall Window
City Website: https://www.rolling-hills.org/government/agendas_meetings.php
https://rollinghillsca.portal.civicclerk.com/
Meeting Date & Time APRIL 27, 2026 7:00pm Open Session
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was
posted at the date displayed below.
Christian Horvath, City Clerk
Date: April 24, 2026
Page 5 of 129
Item: 8.C.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Approve the following Minutes of April 13, 2026: City Council Regular Meeting
Background:
None.
Discussion:
None.
Fiscal Impact:
None.
Recommendation:
Approve as presented.
Attachments:
1. CL_MIN_260413_CC_F
Page 6 of 129
MINUTES – CITY COUNCIL MEETING
Monday, April 13, 2026
Page 1
Minutes
Rolling Hills City Council
Monday, April 13, 2026
Regular Meeting 7:00 p.m.
1. Call To Order
The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Dieringer
presiding.
2. Roll Call
Councilmembers Present: Pieper, Mirsch, Wilson, Mayor Dieringer
Councilmembers Absent: Black
Staff Present: Karina Bañales, City Manager
Christian Horvath, Assistant to the City Manager / City Clerk
Samantha Crew, Management Analyst
Nicolas Papajohn, City Attorney
3. Pledge Of Allegiance – Councilmember Pieper
4. Presentations / Proclamations / Announcements - None
5. Approve Order of the Agenda
Motion by Councilmember Pieper, seconded by Councilmember Mirsch to approve the order of the agenda.
Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
6. Blue Folder Items (Supplemental)
Motion by Councilmember Pieper, seconded by Councilmember Wilson to receive and file Blue Folder Item
12B. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: None
ABSENT: Black
Mayor Pro Tem Black arrived at 7:01 p.m.
7. Public Comment on Non-Agenda Items
Public Comment: Jeanevra Calhoun
8. Consent Calendar
8.A. Approve Affidavit of Posting for the City Council Regular Meeting of April 13, 2026
Page 7 of 129
MINUTES – CITY COUNCIL MEETING
Monday, April 13, 2026
Page 2
8.B. Approve Motion to Read by Title Only and Waive Further Reading of All Ordinances and
Resolutions Listed on the Agenda
8.C. Approve the following Minutes of March 23, 2026: City Council Regular Meeting
8.D. Payment of Bills
8.E. Republic Services Recycling Tonnage and Compliant Reports for February 2026
8.F. Pulled by Councilmember Mirsch
Motion by Councilmember Pieper, seconded by Councilmember Wilson to approve the Consent Calendar
with the exception of Item 8F and with a minor modification to the minutes. Motion carried unanimously with
the following vote:
AYES: Pieper, Mirsch, Wilson, Black, Mayor Dieringer
NOES: None
ABSENT: None
9. Excluded Consent Calendar Items
8.F. Adopt Resolution No. 1406 authorizing a Fiscal Year 2025-2026 Budget Modification to
increase Appropriations by $77,231 in Fund 40-949 from a transfer of General Fund Reserves
for providing additional Southern California Gas Construction Services on the City Hall
Emergency Backup Dual-Fuel Generator Project
Motion by Councilmember Mirsch, Seconded by Councilmember Pieper to approve Resolution No. 1406 as
presented. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Black, Mayor Dieringer
NOES: None
ABSENT: None
10. Commission Items - None
11. Public Hearings - None
12. Discussion Items
12.A. Consideration and Possible Action on Entering into a Three-Year Professional Services
Agreement with John L. Hunter & Associates for TMDL Trash Monitoring and Reporting
Presentation by Management Analyst Crew
Motion by Councilmember Mirsch, seconded by Councilmember Pieper to approve a Three-Year
Professional Services Agreement with John L. Hunter & Associates. Motion carried with the following vote:
AYES: Pieper, Mirsch, Wilson, Mayor Dieringer
NOES: Black
ABSENT: None
Page 8 of 129
MINUTES – CITY COUNCIL MEETING
Monday, April 13, 2026
Page 3
12.B. Consideration and possible action to adopt Resolution No. 1405 approving the ward of an
emergency construction contract to Pearce Concrete & Masonry, Inc. for the re-routing and
repair of City Hall’s water main service line in an amount not-to-exceed $29,373, inclusive of
a 5% contingency; authorizing the City Manager to execute the agreement; and finding the
project categorically exempt from the California Environmental Quality Act.
Presentation by Assistant to the City Manager / City Clerk Horvath
Public Comment: Judith Haenel
Motion by Councilmember Mirsch, seconded by Mayor Pro Tem Black to adopt Resolution No. 1405 and
award the contract to Pearce Concrete & Masonry, Inc. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Black, Mayor Dieringer
NOES: None
ABSENT: None
13. Matters From the City Council
13.A. Consideration of the Fiscal Year 26/27 South Bay Cities Council of Governments annual
membership dues
Presentation by Assistant to the City Manager / City Clerk Horvath
Motion by Councilmember Pieper, seconded by Councilmember Mirsch to remain a member of South Bay
Cities Council of Government. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Black, Mayor Dieringer
NOES: None
ABSENT: None
13.B. Discussion and Direction of Structure Height Standards for Williamsburg Lane
Presentation by City Manager Bañales
Public Comment: Jeanevra Calhoun
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Black to send this item to Planning
Commission regarding possible height standard amendments to houses on Williamsburg Lane at a not-to-
exceed height of 25 feet. Motion carried with the following vote:
AYES: Pieper, Mirsch, Wilson, Black
NOES: Mayor Dieringer
ABSENT: None
14. Matters From Staff
14.A. Consideration of Establishing a Civic Engagement Series and Providing Direction for a 2026
Program.
Presentation by City Manager Bañales
Public Comment: Judith Haenel
Page 9 of 129
MINUTES – CITY COUNCIL MEETING
Monday, April 13, 2026
Page 4
Members of the City Council provided their thoughts and directed staff to solicit residents’ interest or
feedback regarding proposed programs.
14.B. Consideration of Authorizing the Mayor to Sign a Letter of Opposition for SB 866 (Blakespear)
Regarding Housing Element Mandates specific to Homelessness
Presentation by Assistant to the City Manager / City Clerk Horvath
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Black to approve Mayor Dieringer to send
a short letter of opposition. Motion carried unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Black, Mayor Dieringer
NOES: None
ABSENT: None
14.C. Update on City Council Chamber Audio/Visual and Functional Upgrades
Presentation by Assistant to the City Manager / City Clerk Horvath
Motion by Councilmember Pieper, seconded by Councilmember Wilson to receive and file. Motion carried
unanimously with the following vote:
AYES: Pieper, Mirsch, Wilson, Black, Mayor Dieringer
NOES: None
ABSENT: None
Assistant to the City Manager / City Clerk Horvath provided a verbal update on the Tennis Court
Improvements and FEMA Grants.
Councilmember Mirsch suggested agendizing a future item recognizing the three residents who donated use
of their private tennis courts while the City Courts were undergoing construction.
15. Recess To Closed Session - None
16. Reconvene To Open Session - None
17. Adjournment: 9:09 P.M.
The meeting was adjourned at 9:09 p.m. on April 13, 2026. The next regular meeting of the City Council is
scheduled to be held on Monday, April 27, 2026 beginning at 7:00 p.m. in the City Council Chamber at City
Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at:
https://www.rolling-hills.org/government/agenda/index.php
All written comments submitted are included in the record and available for public review on the City website.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Page 10 of 129
MINUTES – CITY COUNCIL MEETING
Monday, April 13, 2026
Page 5
Approved,
____________________________________
Bea Dieringer, Mayor
Page 11 of 129
Item: 8.D.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Payment of Bills
Background:
None.
Discussion:
None.
Fiscal Impact:
None.
Recommendation:
Approve.
Attachments:
1. CL_AGN_260427_CC_PaymentOfBills
Page 12 of 129
Page 13 of 129
Page 14 of 129
Item: 8.E.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Republic Services Recycling Tonnage and Complaint Reports for March 2026
Background:
On July 1, 2020, the City entered into an Amended and Restated Agreement with Republic Services
for the collection, transportation, recycling, composting, and disposal of solid waste, including
recyclables, green waste, bulky items, and brush. The Agreement is scheduled to expire on June 30,
2029.
As part of this partnership, the city regularly receives and reviews Recycling Tonnage and Complaint
Reports from Republic Services. These reports serve several important municipal, regulatory, and
community functions.
Discussion:
The primary purpose of the Republic Services Recycling Tonnage and Complaint Reports is to
provide the City with oversight and transparency regarding its waste management and recycling
services. These reports enable the City to monitor the volume of waste and recyclable materials
collected and processed, as well as identify any recurring service issues or resident complaints. By
regularly reviewing these reports, the City can ensure that Republic Services is fulfilling its contractual
obligations, promptly addressing service deficiencies, and making informed decisions related to public
education and operational improvements. Additionally, the reports support compliance with recycling
and waste diversion, while supplying essential data for planning and reporting to regulatory agencies.
Below are highlights of the types of reports and notes included:
Recycling Tonnage Report: Documents the total weight of recyclable materials collected, helping the
City measure progress toward recycling and waste diversion goals and comply with mandated
requirements.
Complaint Report: Logs resident complaints related to waste and recycling services—such as missed
pickups or other service issues, to enable tracking of service quality and resolution of recurring
concerns.
Page 15 of 129
Red Tags Report: Records instances where a "red tag" is issued at an address, indicating a violation
or another issue with waste practices.
Missed Pick-Up Report: Details incidents where scheduled waste pickups were missed, including the
address, date, and resolution status.
Commercial Recycling: Commercial recycling materials are hauled to various transfer facilities, with a
portion separated and recovered. Recovery rates from these facilities are reported monthly and
applied to servicing areas.
Greenwaste Reporting: Greenwaste data in the Non-Franchise report may fluctuate monthly due to
factors like changes in customer service types, load contamination, or data entry errors.
Greenwaste and Trash - Residential Roll Off Bin
Republic Services provides on-call brush and green waste collection for Rolling Hills residents. Each
residence may request one roll-off dumpster of up to 40 cubic yards per calendar year at no
additional cost. The reporting of greenwaste is labeled "Greenwaste — Residential Roll Off Bin."
The report also indicates a “Trash – Residential Roll-Off Bin,” which signifies that materials other than
green waste were placed in these containers. It is important to note that the resident will be invoiced
when this occurs.
Diversion Requirements: Under the current Agreement between the City and Republic Services,
Republic Services is required to achieve a minimum annual Diversion Rate of 30% for Residential
Solid Waste Collection Services, or such amount as may be set in accordance with other changes in
law which mandate certain actions of programs for municipalities. The City currently achieves
compliance with California’s recycling and waste diversion requirements rate of at least 50% by
diverting green waste (such as yard trimmings and plant matter) from landfills and incorporating it into
its overall waste management program.
The Republic Services team continues to search for mixed waste options, and while they have a
prospect that looks promising, they are trying to work through some issues before settling on their
decision.
Red Tag Report Abbreviations
COMM: This column refers to Commercial service status. While Republic Services uses a standard
red-tag reporting template across all its service jurisdictions, the City of Rolling Hills does not have
commercial waste service. Therefore, entries under “COMM” are marked as “NO” for applicable red
tags within the City.
Fiscal Impact:
None.
Recommendation:
Receive and file.
Attachments:
1. VC_REP_260427_Mar_TonnageReport
2. VC_REP_260427_Mar_C&D_Report
3. VC_REP_260427_Mar_CallLog
4. VC_REP_260427_Mar_ComplaintList
Page 16 of 129
5. VC_REP_260427_Mar_RedTagList
Page 17 of 129
Year 2026
Diversion RequirementY
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion %
1 Greenwaste 89.97 89.97 - 100.00%
Trash 169.33 - 169.33 0.00%
Greenwaste - Residential Roll Off Bin 26.16 26.16 - 100.00%
Trash - Residential Roll Off Bin 5.26 - 5.26 0.00%
1 Total 290.72 116.13 174.59 39.95%
2 Greenwaste 105.57 105.57 - 100.00%
Trash 133.77 - 133.77 0.00%
Trash - Residential Roll Off Bin 4.65 - 4.65 0.00%
2 Total 243.99 105.57 138.42 43.27%
3 Greenwaste 99.86 99.86 - 100.00%
Trash 195.06 - 195.06 0.00%
Greenwaste - Residential Roll Off Bin 4.99 4.99 - 100.00%
Trash - Residential Roll Off Bin 12.13 - 12.13 0.00%
3 Total 312.04 104.85 207.19 33.60%
Grand Total 846.75 326.55 520.20 38.57%
CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2026
Page 1 of 2
Page 18 of 129
Year 2026
Diversion RequirementN
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion %
1 Recycle 0.16 0.07 0.09 42.94%
Trash 64.25 - 64.25 0.00%
Organics 0.02 0.01 0.01 67.20%
1 Total 64.43 0.08 64.35 0.12%
2 Recycle 0.18 0.09 0.09 50.45%
Trash 13.48 - 13.48 0.00%
Organics 0.02 0.01 0.01 61.64%
2 Total 13.68 0.11 13.57 0.77%
3 Recycle 0.19 0.09 0.09 50.78%
Trash 83.53 - 83.53 0.00%
3 Total 83.71 0.09 83.62 0.11%
Grand Total 161.82 0.28 161.54 0.17%
CITY OF ROLLING HILLS NON-FRANCHISE
2026
Page 2 of 2
Page 19 of 129
Republic Services City of Rolling Hills
C&D Report Reporting Period March-26
Disposal Site Material Loads Taken Tons Collected
*No C&D to report this month
Summary
Row Labels Sum of Tons Collected
(blank)
Grand Total
Page 1 of 1
Page 20 of 129
Republic Services Call Log Report
City:Rolling Hills
Year 2026
Month/Quarter 3
Summary of Calls by Type
Final Call
Final Call Type Sub-Type Total
*No Missed Pick-ups to Report this month (blank)1
*No Missed Pick-ups to Report this month Total 1
Grand Total 1
Pg 1 of 2
Page 21 of 129
Republic Services Call Log Report
Final Call Type Sub-Type Case Number
Date/Time
Opened
Date/Time
Closed
Created
By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone
*No Missed Pick-ups to Report this month
Pg 2 of 2
Page 22 of 129
City of Rolling Hills - March 2026 Republic Services Complaint Log
Date of Issue Time Issue/Complaint Resident Name Resident Address Republic
contacted
Republic
Reponse
3/6/2026 9:10 AM Missed Green Waste Sean Fontenot 88 Crest Rd. E.Hernan Acevedo Hernan Acevedo
3/6/2026 10:00 AM Missed Trash Arlene Honbo 33 Portuguese Bend Rd. Hernan Acevedo Hernan Acevedo
3/6/2026 1:30 PM Missed Trash Leslie Bennet 3 Eastfield Dr. Hernan Acevedo Hernan Acevedo
3/6/2026 4:50 PM Bulky Item Timothy Lillington 14 Georgeff Rd. Hernan Acevedo Hernan Acevedo
3/10/2026 4:30 PM Missed Green Waste Rumel Itchon 36 Portuguese Bend Rd.Kash Knudson Kash Knudson
Page 23 of 129
City of Rolling Hills - March 2026 Republic Services Red Tag List
Republic Services - Red Tag List
Date of
Issue Time Issue Resident
Name Resident Address Republic
Response
3/27/2026 10:29 AM Greenwaste Bins Overweight 54 Eastfield Dr. Kash Knudson
Page 24 of 129
Item: 8.F.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Adopt Resolution 1407 authorizing the exchange of Proposition A Funds with the
Palos Verdes Peninsula Transit Authority for General Funds; and authorize the City
Manager to execute the Fund Exchange Agreement
Background:
The City annually receives countywide tax disbursements from Proposition A, Proposition C, Measure
R and Measure M funds to be used for transportation and transit-related purposes. Proposition A and
C funds are dedicated to transit and major arterial improvements; they are not eligible for use in
Rolling Hills due to the roads within the City being privately owned and maintained. Measure R and
Measure M funds are eligible for transportation improvement projects on public properties. In years
past, the City would accumulate local return funds and solicit interest in exchanging the local return
funds for General Fund monies or gift funds towards other transportation-related purposes with
another public agency.
In 2019, the City exchanged Prop A funds with the Palos Verdes Peninsula Transit Authority
(PVPTA). In 2021 and 2023, the City exchanged Prop A funds with the City of Beverly Hills. During
the past weeks, (PVPTA) expressed interest in doing an exchange with the City of Rolling Hills for
$140,927 of accumulated Proposition A funds since 2023.
Discussion:
PVPTA staff expressed interest in an exchange of Proposition A Funds at the requested exchange
rate of $0.75 in General Funds for $1.00 in Proposition A Funds. PVPTA proposes to use the
Proposition A Local Return funding to provide transit services. Staff recommends that the City Council
approve the exchange rate of $0.75 in General Funds for $1.00 in Proposition A funds and direct staff
to prepare documents to finalize the exchange.
Fiscal Impact:
If the City Council approves the exchange, the City will receive $105,695.25 in non-restricted General
Fund revenues in exchange for $140,927 in Proposition A restricted funds that the City is unable to
Page 25 of 129
spend.
The following summarizes the disposition of Proposition A funds over the past 17 years:
Fiscal Year
(FY)
Amount Benefiting
Agency
Exchange
Rate
General
Fund
Revenue
1999/2000 $ 40,000 Torrance $0.65 $26,000
2001/2002 $ 80,000 Torrance $0.65 $52,000
2004/2005 $ 87,475 Torrance $0.65 $56,858
2007/2008 $100,000 PVP Transit $0.70 $70,000
2010/2011 $ 65,000 Rancho PV $0.75 $48,750
2012/2013 $ 60,000 Rancho PV $0.75 $45,000
2014/2015 $ 75,000 PVP Transit $0.75 $56,250
2016/2017 $ 75,000 Rancho PV $0.75 $56,250
2018/2019 $75,000 PVP Transit $0.75 $56,250
2020/2021 $84,000 Beverly Hills $0.75 $63,000
2022/2023 $58,400 Beverly Hills $0.75 $43,800
2025/2026 $140,927 PVP Transit $0.75 $105,695.25
Recommendation:
Approve as presented.
Attachments:
1. ResolutionNo1407_PropA_PVPTA_FundExchange_F
Page 26 of 129
-1-
ResolutionNo1407_PropA_PVPTA_FundExchange
RESOLUTION NO. 1407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA APPROVING AN AGREEMENT
BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE
PALOS VERDES PENINSULA TRANSIT AUTHORITY THAT
AUTHORIZES THE EXCHANGE OF PROPOSITION “A”
TRANSPORTATION LOCAL RETURN FUNDS FOR GENERAL
FUNDS.
WHEREAS, the City of Rolling Hills has uncommitted Proposition “A” Funds within
its reserve allocation; and
WHEREAS, Proposition “A” Funds are dedicated to transit and major arterial
improvements; and
WHEREAS, the roads within the City are privately owned and maintained, and
there are no, and will be no, projects within the City that are eligible for Proposition “A” Funds in
the foreseeable future; and
WHEREAS, on April 13, 2026, the City received an email from the Palos Verdes
Peninsula Transit Authority inquiring as to interest in an exchange of Proposition “A” Funds at
the requested exchange rate of $0.75 in General Funds for $1.00 in Proposition “A” Funds for
eligible transportation programs; and
WHEREAS, the City subsequently contacted neighboring Peninsula cities
inquiring as to their potential interest in an exchange of Proposition “A” Funds and none
expressed interest to the City of Rolling Hills staff; and
WHEREAS, the City of Rolling Hills desires to transfer $140,927 of its Fiscal Years
2023-2025 Proposition A Local Return Funds to Palos Verdes Peninsula Transit Authority and
in exchange the Palos Verdes Peninsula Transit Authority shall transfer $105,695.25 of its
unrestricted General Fund revenues to City of Rolling Hills; and
WHEREAS, both agencies agree that this exchange of funds would provide a
benefit to both agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS, AS FOLLOWS:
Section 1. The City Council approves an Agreement for the acquisition of
General Funds from the Palos Verdes Peninsula Transit Authority in exchange for Proposition
“A” Funds from the City of Rolling Hills. Said Agreement is hereto attached as Exhibit “A”, and
is made a part hereof by reference.
Section 2. The Mayor or her representative is hereby authorized to affix her
signature to this Resolution, indicating its approval.
Page 27 of 129
-2-
ResolutionNo1407_PropA_PVPTA_FundExchange
Section 3. The City Manager is hereby directed and authorized to execute any
necessary documents, including, but not limited to agreements, amendments, forms,
applications, etc., to follow through with the exchange of funds.
Section 4. The City Clerk, or duly appointed deputy, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS ON THIS 27th DAY OF April, 2026.
____________________________________
Bea Dieringer
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
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EXHIBIT A
PROPOSITION “A” FUNDS FOR GENERAL FUNDS ASSIGNMENT AGREEMENT
This Agreement is made and entered into this 27th day of April, 2026 by and between the
City of Rolling Hills and the Palos Verdes Peninsula Transit Authority, with respect to the
following facts:
A. The City of Rolling Hills has accumulated $140,927 in Proposition “A” Funds, which
are dedicated to transit and major arterial improvements;
B. Proposition “A” Funds are not eligible for use in the City of Rolling Hills due to the
fact that the roads are privately owned and maintained; and
C. The Palos Verdes Peninsula Transit Authority has expressed an interest in an
exchange of Proposition “A” Funds at the requested exchange rate of $0.75 in General Funds
for $1.00 in Proposition “A” Funds.
Now, therefore, in consideration of the mutual benefits to be derived by the parties, it is
mutually agreed as follows:
1. Scope of Agreement.
a. The City of Rolling Hills and the Palos Verdes Peninsula Transit Authority
agree that the City will assign $140,927 of its uncommitted Proposition “A” Funds (at the
requested exchange rate of $0.75 in General Funds for $1.00 in Proposition “A” Funds) to Palos
Verdes Peninsula Transit Authority in exchange for Palos Verdes Peninsula Transit Authority
assigning $105,695.25 of its uncommitted General Funds to the City of Rolling Hills.
b. The City of Rolling Hills and Palos Verdes Peninsula Transit Authority shall
assign the agreed upon funds identified in this Section in one payment no later than June 30,
2026.
2. Term.
This Agreement is effective on the date above written and for such time as is necessary
for both parties to complete their mutual obligations under this Agreement.
3. Termination.
Termination of this Agreement may be made by either party before the due date for
payment referenced in Section 1 of this Agreement so long as written notice of intent to terminate
is given to the other party at least five (5) days prior to the termination.
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4. Notices.
Notices shall be given pursuant to this Agreement by personal service or written notice
deposited in the custody of the United States Postal Service as follows:
a. Karina Bañales, City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
b. Martin Gombert, Administrator
Palos Verdes Peninsula Transit Authority
P.O. BOX 2656
Palos Verdes Peninsula, CA 90274
5. Assurances. Palos Verdes Peninsula Transit Authority shall use the assigned
Proposition “A” funds only for the funds’ intended purposes including but not limited to transit
and major arterial improvements.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment Agreement to
be executed by their respective officers, duly authorized, on the day and year written above.
CITY OF ROLLING HILLS PALOS VERDES PENINSULA TRANSIT AUTHORITY
________________________ _________________________
Karina Bañales, City Manager Administrator
ATTEST: ATTEST:
________________________ ________________________
Christian Horvath, City Clerk
Approved as to Form: Approved as to Form:
________________________ _________________________
Nicholas Papajohn, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1407 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA APPROVING AN AGREEMENT
BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE
PALOS VERDES PENINSULA TRANSIT AUTHORITY THAT
AUTHORIZES THE EXCHANGE OF PROPOSITION “A”
TRANSPORTATION LOCAL RETURN FUNDS FOR GENERAL
FUNDS.
was approved and adopted at a regular meeting of the City Council on April 27, 2026 by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Christian Horvath
City Clerk
Page 31 of 129
Item: 8.G.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Reaffirm approval awarding an emergency construction contract to Pearce Concrete
& Masonry, Inc. for the re-routing and repair of City Hall’s water main service line in
an amount not-to-exceed $29,373, inclusive of a 5% contingency subject to minor
revisions approved by legal counsel to conform insurance requirements to California
Joint Powers Insurance Authority guidance; re-authorizing the City Manager to
execute the agreement; and finding the project categorically exempt from the
California Environmental Quality Act.
Background:
In March 2023, City staff observed signs of water near the City Hall ADA parking space in the
northwest section of the rear parking lot near the service meter. At that time, the City utilized an
approved vendor, Stephens Plumbing, to detect the location, assess, and repair. After excavation, the
pinhole leak was found approximately 8 feet below grade, repaired, backfilled, compacted, and re-
paved over the course of one week. The final costs for parts and labor were $23,569.70.
In October 2024, City Staff observed signs of water near the installation of the City Hall siren pole in
the rear parking lot. Again, the City utilized an approved vendor, Stephens Plumbing, to detect the
location, assess, and repair. During detection/excavation, two pinhole leaks were found. The first was
in the riser adjacent to the building, approximately 6 feet below grade, and the second was under the
asphalt near the air conditioning condenser units, approximately 6.5 feet below grade. Both were
repaired, backfilled, compacted, and re-paved over the course of two weeks. The final costs for parts
and labor were $23,485.40.
At that time, Stephen's representative recommended that the City consider rerouting the water main
line in the future, as continued development of pinhole leaks in the aging pipes would lead to multiple
costly repairs over time.
In late January 2026, City staff observed that recent signs of water on the pavement in City Hall's rear
parking lot were causing the water meter to spin irregularly, denoting another water main leak. Based
on the aforementioned advice and in consideration of future-proofing the water main to avoid further
leaks, staff requested quotes for rerouting the water main in a more direct, linear-foot route alongside
City Hall, at a more reasonable industry-standard depth of 18" to 24".
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Staff solicited multiple quotes, including from approved city vendors. After receipt of multiple
estimates and further consultation with the City Attorney's office, it was determined that projects over
$1,000 must comply with prevailing wage requirements for public works, and those over $15,000
must comply with California's Department of Industrial Relations (DIR) registration and reporting
requirements.
On April 13, 2026, an item was presented to City Council for adoption of Resolution No. 1405
(Attachment A) and awarding of an emergency contract (Attachment B). The City Council
unanimously adopted the resolution and approved a contract with not-to-exceed amount of $29,373
with Pearce Concrete & Masonry, Inc.(including a 5% contingency).
Discussion:
After the City Council approved the contract on April 13, 2026, it was determined that the document's
insurance requirements exceeded the recommendations of the California Joint Powers Insurance
Authority (CJPIA).
Original Contract Language (Attachment B):
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General
Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury
and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and
property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’
compensation limits as required by the Labor Code of the State of California. Employer’s Liability
limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily
injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the
minimum limits specified herein, any available coverage shall be provided to the parties required to
be named as additional insureds pursuant to this Contract.
CJPIA Recommendations:
General liability insurance. Contractor shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less
than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury,
and property damage, and a $2,000,000 completed operations aggregate. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO “insured
contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad
as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all
activities of the Contractor arising out of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount
not less than $1,000,000 combined single limit for each accident.
To correct the contract, the City Attorney has recommended bringing the item back to the City Council
for a re-affirmation of approval of awarding an emergency construction contract to Pearce Concrete &
Masonry, Inc. for the re-routing and repair of City Hall’s water main service line, subject to minor
revisions approved by legal counsel to conform insurance requirements to California Joint Powers
Insurance Authority guidance.
Staff will publish the amended contract as a supplemental blue folder item by Monday, April 27, 2026,
and recommends approval of the minor revisions, reauthorizing the City Manager to execute the
agreement, and finding the project categorically exempt from the California Environmental Quality
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Act.
ENVIRONMENTAL REVIEW
The approval of the construction contract to Pearce Concrete & Masonry Inc. is categorically exempt
from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section
15301 [Class 1]. Class 1 applies to the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. Here, the
project proposes to construct site and plumbing improvements to support the replacement of an
existing water main at Rolling Hills City Hall. Further, none of the exceptions outlined in State CEQA
Guidelines section 15300.2 apply. Thus, the project fits within the Class 1 exemption, and no further
environmental review is required.
Fiscal Impact:
The project has a not-to-exceed amount of $29,373 (including a 5% contingency). This remains
unchanged.
Recommendation:
Approve as presented.
Attachments:
1. Attachment A - ResolutionNo1405_CityHallWaterMain_EmergencyRepair_F_E
2. Attachment B - CA_AGR_260413_PearceC&M_CHWaterMain_EmergencyContract_F_E
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Resolution No. 1405
1
RESOLUTION NO. 1405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS FINDING AND DECLARING THAT AN
EMERGENCY CONDITION EXISTS ARISING FROM
DAMAGE TO THE CITY HALL WATER MAIN LOCATED
AT 2 PORTUGUESE BEND ROAD AND AUTHORIZING
EMERGENCY RELOCATION AND REPAIR TO THE
WATER MAIN WITHOUT PUBLIC BIDDING
RECITALS
A. Sections 22035 and 22050 of the Public Contracts Code authorize the City
of Rolling Hills (“City”) to proceed with awarding a public works contract to perform
emergency work upon adoption by the City Council by a four-fifths vote of a resolution
declaring that the public interest and necessity demand the immediate expenditure of
public funds to safeguard life, health, or property;
B. The City Hall water main service located at 2 Portuguese Bend Road
(“water main”) is in need of emergency relocation/repair as a result of water leaking
approximately six to eight feet below the asphalt pavement in the parking lot;
C. This represents the third City Hall water main leak in less than three years
with the previous two repairs being significant in costs to the City;
D. Due to the original, aged service line depths, it is warranted to re-route a
new service line at 18” to 24” depth with the majority of the linear footage in the
landscaped area adjacent to City Hall;
E. The repairs are necessary to preserve the health, safety and welfare of the
City;
F. The need for repair of the City’s water main requires immediate action that
will not permit undergoing the formal competitive bidding process because the leak
appears to be growing, releasing a larger volume of water, and increasing the City’s utility
bill;
G. The Assistant to the City Manager solicited proposals from Pearce Concrete
& Masonry, Inc., Stephens Plumbing, Tier One Mechanical, Inc., Verne’s Plumbing and
Carney Engineering Construction, Inc. and received written acceptable proposals to
perform the emergency work from all, and the City now wishes to award an emergency
contract for repair of the City’s storm drain to Pearce Concrete & Masonry, Inc.;
H. Public Contract Code section 22050 also provides that the City Council
may, by resolution, delegate the authority to order any action required by the emergency
and to procure the necessary equipment, services, and supplies for those purposes,
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CITY OF ROLLING HILLS
EMERGENCY CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ROLLING HILLS
AND PEARCE CONCRETE & MASONRY, INC.
WATER MAIN RE-ROUTING REPAIRS
1. PARTIES AND DATE.
This Contract is made and entered into this 13TH day of April, 2026 by and between the
City of Rolling Hills, a public agency and public corporation of the State of California (“City”) and
PEARCE CONCRETE & MASONRY, INC., a California corporation, with its principal place of
business at 841 Van Ness Ave, Torrance CA 90501 (“Contractor”). City and Contractor are
sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
storm drain related construction services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the services in the State of
California, and that it is familiar with the plans of City. The following license classifications are
required for this Project: A.
2.3 Project. City desires to engage Contractor to render such services for the 2026-01
City Hall Water Main Re-Routing Repairs(“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, a performance bond, a payment bond, and all insurance documentation,
as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)
• Public Works Contractor Registration Certification (Exhibit “E”)
• Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)
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• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction
(The Greenbook), Excluding Sections 1-9
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at
its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately complete the Project,
including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant
to this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents, as well as the exhibits attached hereto and incorporated herein by
reference. The plans and specifications for the Work are further described in Exhibit “B” attached
hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work
are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition
or deletion is approved in writing by a valid change order executed by the City. Should Contractor
request a change order due to unforeseen circumstances affecting the performance of the Work,
such request shall be made within five (5) business days of the date such circumstances are
discovered or shall waive its right to request a change order due to such circumstances. If the
Parties cannot agree on any change in price required by such change in the Work, the City may
direct the Contractor to proceed with the performance of the change on a time and materials
basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section
3400(b), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so indicated
or specified in this Contract. However, the City may have adopted certain uniform standards for
certain materials, processes and articles. Contractor shall submit requests, together with
substantiating data, for substitution of any “or equal” material, process or article no later than
thirty-five (35) days after award of the Contract. To facilitate the construction schedule and
sequencing, some requests may need to be submitted before thirty-five (35) days after award of
Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize
an extension of time for performance of this Contract. If a proposed “or equal” substitution request
is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process
or article is an “or equal” material, process or article that may be substituted. Data required to
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substantiate requests for substitutions of an “or equal” material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted “or
equal” material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted “or equal”
material, process or article, and substantiates that it is an “or equal” to the material, process or
article. The substantiating data must also include information regarding the durability and lifecycle
cost of the requested substituted “or equal” material, process or article. Failure to submit all the
required substantiating data, including the signed affidavit, to the City in a timely fashion will result
in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of
substitution requests. Contractor shall be responsible for all costs related to a substituted “or
equal” material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance.
3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract
within 5 working days, beginning the effective date of the Notice to Proceed (“Contract Time”).
Contractor shall perform its Work in strict accordance with any completion schedule, construction
schedule or project milestones developed by the City. Such schedules or milestones may be
included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to
Contractor. Contractor agrees that if such Work is not completed within the aforementioned
Contract Time and/or pursuant to any such completion schedule, construction schedule or project
milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and
agreed that the City will suffer damage.
3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85,
Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500)
per day for each and every calendar day of delay beyond the Contract Time or beyond any
completion schedule, construction schedule or Project milestones established pursuant to the
Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Work. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, including any required
business license, and that such licenses and approvals shall be maintained throughout the term
of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any work
necessary to correct errors or omissions which are caused by Contractor’s failure to comply with
the standard of care provided for herein. Any employee who is determined by the City to be
uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who
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fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed
from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor
as an independent contractor to furnish all materials and to perform all Work according to the
terms and conditions herein contained for the sum set forth above. Except as otherwise provided
in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory
performance by Contractor of the services and obligations required by this Contract, the below-
referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Twenty Seven
Thousand Nine Hundred Seventy Four ($27,974) (“Total Contract Price”) provided that such
amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written
change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty
(30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more than
thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On
or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized
application for payment in the format supplied by the City indicating the amount of Work completed
since commencement of the Work or since the last progress payment. These applications shall
be supported by evidence which is required by this Contract and such other documentation as
the City may require. The Contractor shall certify that the Work for which payment is requested
has been done and that the materials listed are stored where indicated. Contractor may be
required to furnish a detailed schedule of values upon request of the City and in such detail and
form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other
expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests
in accordance with the provisions set forth in Section 20104.50 of the California Public Contract
Code. However, no progress payments will be made for Work not completed in accordance with
this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to
the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent
(5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
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Contract retention shall be released and paid to Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor’s obligations under the Contract which
Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied;
(4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for
the unpaid balance of the Total Contract Price or within the scheduled completion date; (6)
unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the
Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient
documentation as required by the Contract or by City during the prosecution of the Work; (9)
erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Contract; and (11) any other sums which the City is entitled
to recover from Contractor under the terms of the Contract or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public
Contract Code Section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with
a state or federally chartered bank in California as the escrow agent, and thereafter the City shall
then pay such monies to Contractor as they come due. Upon satisfactory completion of the
Contract, the securities shall be returned to Contractor. For purposes of this Section and Section
22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean
the time the City has issued written final acceptance of the Work and filed a Notice of Completion
as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any
securities substituted for monies withheld and shall receive any interest thereon. The escrow
agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract. Such
transferred title shall in each case be good, free and clear from any and all security interests,
liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate,
or otherwise encumber the items in any manner that would result in any lien, security interest,
charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by
the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and
shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the Work
governed by this Contract prior to final payment by City.
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3.7.9 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations,
Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. Since the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation
is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Contract upon request. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at Contractor’s
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor
and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for
each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the
California Labor Code with respect to the employment of properly registered apprentices upon
public works. The primary responsibility for compliance with said section for all apprenticeable
occupations shall be with Contractor. The Contractor or any subcontractor that is determined by
the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty
an amount not exceeding $100 for each full calendar day of noncompliance, or such greater
amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes
a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit
a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week, except when
payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for
that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages paid
to each journeyman, apprentice, worker, or other employee employed by him or her in connection
with the public work. The payroll records shall be certified and shall be available for inspection at
all reasonable hours at the principal office of Contractor in the manner provided in Labor Code
section 1776. In the event of noncompliance with the requirements of this section, Contractor
shall have 10 days in which to comply subsequent to receipt of written notice specifying in what
respects such Contractor must comply with this section. Should noncompliance still be evident
after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for
each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The
amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is
found to have violated the provisions of law regarding wages on Public Works with the intent to
defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as
determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from
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progress payments then due. The responsibility for compliance with this section is on Contractor.
The requirement to submit certified payroll records directly to the Labor Commissioner under
Labor Code section 1771.4 shall not apply to work performed on a public works project that is
exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code
sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a
bid proposal, or enter into a contract to perform public work must be registered with the
Department of Industrial Relations. No bid will be accepted nor any contract entered into without
proof of the contractor’s and subcontractors’ current registration with the Department of Industrial
Relations to perform public work. Contractor is directed to review, fill out and execute the Public
Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract
execution. Notwithstanding the foregoing, the contractor registration requirements mandated by
Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works
project that is exempt pursuant to the small project exemption specified in Labor Code Sections
1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s
sole responsibility to evaluate and pay the cost of complying with all labor compliance
requirements under this Contract and applicable law. Any stop orders issued by the Department
of Industrial Relations against Contractor or any subcontractor that affect Contractor’s
performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay
arising out of or resulting from such stop orders shall be considered Contractor caused delay
subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents
free and harmless from any claim or liability arising out of stop orders issued by the Department
of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state and federal laws, rules and regulations that may impact, or be implicated by
the performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General
Permit. Contractor shall comply with all conditions of the most recent iteration of the National
Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated
with Construction Activity, issued by the California State Water Resources Control Board
(“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage
under the Permit for all construction activity which results in the disturbance of more than one
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acre of total land area or which is part of a larger common area of development or sale. Prior to
initiating work, Contractor shall be solely responsible for preparing and implementing a Storm
Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be
responsible for procuring, implementing and complying with the provisions of the Permit and the
SWPPP, including the standard provisions, and monitoring and reporting requirements as
required by the Permit. The Permit requires the SWPPP to be a “living document” that changes
as necessary to meet the conditions and requirements of the job site as it progresses through
difference phases of construction and is subject to different weather conditions. It shall be
Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the
project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City,
or local agency regarding discharges of storm water to separate storm drain systems or other
watercourses under their jurisdiction, including applicable requirements in municipal storm water
management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the
Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from
such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising
therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the
Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this
Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its
directors, officials, officers, employees, volunteers and agents for any alleged violations. In
addition, City may seek damages from Contractor for any delay in completing the Work in
accordance with the Contract, if such delay is caused by or related to Contractor’s failure to
comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor’s failure to comply with the
Permit or any other relevant water quality law, regulation, or policy. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
reimburse the City for the costs (including the City’s attorney’s fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the
requirements of this paragraph.
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3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. Contractor shall comply with the requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the Work and the conditions under which the Work is
to be performed. Safety precautions as applicable shall include, but shall not be limited to,
adequate life protection and lifesaving equipment; adequate illumination for underground and
night operations; instructions in accident prevention for all employees, such as machinery guards,
safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching
and shoring, fall protection and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the
proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors practicing
in the vicinity of the Project, as well as the telephone number of the local ambulance service,
adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and regulations
in connection with Work. If Contractor observes that the drawings or specifications are at variance
with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes
shall be made by written change order. If Contractor performs any work knowing it to be contrary
to such laws, rules and regulations and without giving written notice to the City, Contractor shall
be solely responsible for all costs arising therefrom. City is a public entity of the State of California
subject to certain provisions of the Health & Safety Code, Government Code, Public Contract
Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law
applicable to the public contracts of a municipality are a part of this Contract to the same extent
as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold
City, its officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Contract, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited
to, any required business license. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this
Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more
in depth, Contractor shall comply with all applicable provisions of the California Labor Code,
including Section 6705. To this end, Contractor shall submit for City’s review and approval a
detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation of such trench or
trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a
registered civil or structural engineer.
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3.8.6 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
disturbance of any conditions, notify City of: (1) any material discovered in excavation that
Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II
or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from
those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date
and shall proceed with all Work to be performed under the Contract, but shall retain all rights
provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of
the California Government Code, City shall compensate Contractor for the costs of: (1) locating
and repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay caused by failure of City to provide for removal or
relocation of such utility facilities.
3.8.8 Air Quality.
Contractor shall fully comply with all applicable laws, rules and regulations in
furnishing or using equipment and/or providing services, including, but not limited to, emissions
limits and permitting requirements imposed by the South Coast Air Quality Management District
(Air District) and/or California Air Resources Board (CARB). Although the Air District and
CARB limits and requirements are more broad, Contractor shall specifically be aware of their
application to "portable equipment", which definition is considered by Air District and CARB to
include any item of equipment with a fuel-powered engine.
Contractor shall comply, and shall ensure all subcontractors comply, with all
applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all
pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make
available for inspection and copying any and all documents or information associated with
Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported
Compliance, fuel/refueling records, maintenance records, emissions records, and any other
information the Contractor is required to produce, keep or maintain pursuant to the Regulation
upon two (2) calendar days’ notice from the City.
Contractor shall indemnify City against any fines or penalties imposed by Air
District, CARB, or any other governmental or regulatory agency for violations of applicable laws,
rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is
responsible under its indemnity obligations provided for in this Agreement.
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3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling
Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly
diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items
of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed
the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once
the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to
be paid, less any amount which City may be authorized or directed by law to retain. Payment of
retention proceeds due to Contractor shall be made in accordance with Section 7107 of the
California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California
Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial
supervised mediation, and judicial arbitration to resolve disputes on construction claims of
$375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes
a process for negotiation and mediation to resolve disputes on construction claims. The intent of
this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public
Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand
by the Contractor, after a change order duly requested in accordance with the terms of this
Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages
arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an
amount the payment of which is disputed by the City. A “Claim” does not include any demand for
payment for which the Contractor has failed to provide notice, request a change order, or
otherwise failed to follow any procedures contained in the Contract Documents. Claims governed
by this Section may not be filed unless and until the Contractor completes all procedures for giving
notice of delay or change and for the requesting of a time extension or change order, including
but not necessarily limited to the change order procedures contained herein, and Contractor’s
request for a change has been denied in whole or in part. Claims governed by this Section must
be filed no later than fourteen (14) days after a request for change has been denied in whole or
in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to
the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.”
Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing
in this Section is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims, including all requirements pertaining to compensation
or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such
contractual requirements shall bar any claims or subsequent lawsuits for compensation or
payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the
following format:
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3.10.3.1 Summary of claim merit and price, reference Contract
Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an
allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall
provide a summary of the percentage of the claim subject to design errors or omissions and shall
obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including
any claims from subcontractors of any tier, in accordance with Government Code section 12650
et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall
conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide
the Contractor a written statement identifying what portion of the claim is disputed and what
portion is undisputed. Any payment due on an undisputed portion of the claim will be processed
and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually agreed to
extension of time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, City shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in
writing additional documentation supporting the claim or relating to defenses or claims City may
have against the Contractor. If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
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3.10.4.3 City’s written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15
days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation,
whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City
fails to respond within the time prescribed, the Contractor may so notify City, in writing, either
within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the
time prescribed, respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and
confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet
and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide
the Contractor a written statement identifying the portion of the claim that remains in dispute and
the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be
processed and made within 60 days after City issues its written statement. Any disputed portion
of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation,
with City and the Contractor sharing the associated costs equally. City and Contractor shall
mutually agree to a mediator within 10 business days after the disputed portion of the claim has
been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged
by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any
nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in
which an independent third party or board assists the Parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes
in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in
writing, the mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new
unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any
portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing
with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title
1 of the Government Code. For purposes of those provisions, the running of the period of time
within which a claim must be filed shall be tolled from the time the Contractor submits his or her
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written claim pursuant to subdivision (a) until the time the claim is denied, including any period of
time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions
filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to commencement
of the action in accordance with Public Contract Code section 9204 and the terms of these
procedures. The mediation process shall provide for the selection within 15 days by both parties
of a disinterested third person as mediator, shall be commenced within 30 days of the submittal,
and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted
to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,
be experienced in construction law, and (B) any party appealing an arbitration award who does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra work, disputed work,
claims and/or changed conditions, Contractor must comply with the claim procedures set forth in
Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government Code claims
shall be limited to those matters that remain unresolved after all procedures pertaining to extra
work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no
such Government Code claim is submitted, or if any prerequisite contractual requirements are not
otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining
a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date
the work is completed or the date the Contractor last performs work on the Project, whichever
occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new
unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor
within the time periods described in this Section or to otherwise meet the time requirements of
this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond
shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to
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herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted by
City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of
the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3;
provided, however, that the City needs to provide Contractor with only one (1) day advanced
written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Contractor’s
services, the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys’ fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782,
Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury
to persons, injury to property, or any other loss, damage or expense arising from the sole or active
negligence or willful misconduct of the City or the City’s agents, servants, or independent
contractors who are directly responsible to the City, or for defects in design furnished by those
persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall
also reimburse City for the cost of any settlement paid by City or its officials, employees, agents
and authorized volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse City and its officials, employees, agents and authorized
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by the City, its officials, employees,
agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to commence
work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
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3.13.2 Minimum Requirements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office
Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for
operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business
Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate
for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per
accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and
each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to
the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied
or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status using ISO
endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same
coverage, with respect to the Work or operations performed by or on behalf of Contractor,
including materials, parts or equipment furnished in connection with such work; (2) all policies
shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by
the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any
person named as an additional insured pursuant to this Contract, and Contractor agrees to waive
all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as
respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and
authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to
contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
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hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive
or shall permit Contractor to waive all rights of subrogation which may be obtained by the
Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person
named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such
rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the
City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its officials, employees, agents and authorized
volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute
with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees,
agents and authorized volunteers for losses paid under the terms of the insurance policy which
arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City,
its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall guarantee that,
at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officials, employees, agents and authorized volunteers;
or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City
guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and
satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when
not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
supplied or approved by the City. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
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3.13.8 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall
name the City, its officials, employees, agents and authorized volunteers as additional insureds
using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages
for subcontractors shall be subject to all of the requirements stated herein except as otherwise
agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition
to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Contract a Payment Bond in an amount required by the
City and in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Contract a Performance Bond in an amount required by the City and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Contract until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance
with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer,
as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California-admitted surety insurer issuing bonds does not meet these requirements, the insurer
will be considered qualified if it is in conformance with Section 995.660 of the California Code of
Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of
this Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Contract or in any guarantee or warranty provided
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by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the Work or non-conformance of the Work to the Contract,
commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act sooner as requested by the City in response to
an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any
portions of the Work (or work of other contractors) damaged by its defective Work or which
becomes damaged in the course of repairing or replacing defective Work. For any Work so
corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Contract. All costs associated with such corrective actions and testing, including the removal,
replacement, and reinstitution of equipment and materials necessary to gain access, shall be the
sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the Work, whether express or implied, are deemed
to be obtained by Contractor for the benefit of the City, regardless of whether or not such
warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City
shall have the right to correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker’s Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this purpose,
which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be
executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
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3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager,
or his or her designee, to act as its representative for the performance of this Contract (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative who shall
be subject to the review and approval of the City (“′Contractor’s Representative”). Following
approval by the City, Contractor’s Representative shall have full authority to represent and act on
behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall
supervise and direct the Work, using his best skill and attention, and shall be responsible for all
construction means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Work under this Contract. Contractor’s Representative shall
devote full time to the Project and either he or his designee, who shall be acceptable to the City,
shall be present at the Work site at all times that any Work is in progress and at any time that any
employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible
supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the
information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either
with our without cause, by giving Contractor three (3) days advance written notice. In the event of
termination by City for any reason other than the fault of Contractor, City shall pay Contractor for
all Work performed up to that time as provided herein. In the event of breach of the Contract by
Contractor, City may terminate the Contract immediately without notice, may reduce payment to
Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other
available recourse against Contractor. Contractor may not terminate this Contract except for
cause. In the event this Contract is terminated in whole or in part as provided, City may procure,
upon such terms and in such manner as it may determine appropriate, services similar to those
terminated. Further, if this Contract is terminated as provided, City may require Contractor to
provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter
prepared or built by Contractor in connection with its performance of this Contract. City shall not
be liable for any costs other than the charges or portions thereof which are specified herein.
Contractor shall not be entitled to payment for unperformed Work including, without limitation, any
overhead and profit on the portion of the Work that is terminated and shall not be entitled to
damages or compensation of any kind or nature for termination of Work.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning
or import of any of the provisions of this Contract or written or oral instructions from City, the
matter shall be referred to City’s Representative, whose decision shall be binding upon
Contractor.
3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
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Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section
16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of
goods, services, or materials pursuant to the Contract. This assignment shall be made and
become effective at the time the City tender final payment to Contractor, without further
acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
Pearce Concrete & Masonry, Inc
841 Van Ness Ave., Torrance, CA 90501
Attn: Shawn Taylor
CITY:
City of Rolling Hills
2 Portuguese Bend Rd
Rolling Hills, CA 90274
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
3.17.7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action
of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws and Venue. This Contract shall be interpreted in accordance
with the laws of the State of California. If any action is brought to interpret or enforce any term of
this Contract, the action shall be brought in the Superior Court of California for the County of Los
Angeles, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each
of which shall constitute an original.
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3.17.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation of
this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Contract, no director, official, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Contract, or obtain any present or anticipated
material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees
or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required
under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor’s license of the classification indicated below under
Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated
by the Contractors’ State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within ten (10) years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract and
bind each respective Party.
3.17.18 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
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3.17.19 Non-Waiver. None of the provisions of this Agreement shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects..
[SIGNATURES ON NEXT PAGE]
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EXHIBIT “A”
SERVICES / SCHEDULE
WATER MAIN:
Demo - Sawcut and demo asphalt at parking lot crossing. Protect trench with steel plates.
Trenching and Backfill - Trench from water meter to planter at NW corner of building. Shade pipe
with imported sand soil. Backfill and compact remaining trench with native soil. 45 LF Shade all
pipe, with imported sand soil, in planter surrounding building. 70 LF. All other trenching and backfill
in planter NOT included. Furnish and install 2” Type K Copper water line from meter to POC on
building. 115 LF
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract,
the Contractor shall deliver to the City four identical counterparts of the Performance Bond and
Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.
Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid
security. The surety supplying the bond must be an admitted surety insurer, as defined in Code
of Civil Procedure Section 995.120, authorized to do business as such in the State of California
and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one
hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the
California Labor Code which require every employer to be insured against liability for Worker’s
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and
I, the undersigned Contractor, agree to and will comply with such provisions before commencing
the performance of the Work on this Contract.
PEARCE CONCRETE & MASONRY, INC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Shawn Taylor
Project Manager
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish
to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the Department of Industrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further
acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project.
• Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in
its contract with subcontractors and ensure that all subcontractors are registered at the
time of bid opening and maintain registration status for the duration of the project.
• Failure to submit this form or comply with any of the above requirements may result in a
finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code
Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
Pearce Concrete & Masonry
PW-LR-1000928932
6/30/26
Pearce Concrete & Masonry
Project Manager
4/7/26
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EXHIBIT “F”
PAYMENT BOND
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Rolling Hills (hereinafter designated as the “City”), by action taken or a resolution passed April 13, 2026 has awarded to PEARCE CONCRETE & MASONRY, INC. hereinafter designated as the “Principal,” a contract for the work described as follows:
2026-01 City Hall Water Main Re-Routing Repairs (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 13, 2026 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement
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herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______
day of ______________, 2026.
(Corporate Seal) Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of
the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
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65277.00001\44866777.1
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- 33 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Exhibit G
Fleet Compliance Certification.
Contractor hereby acknowledges that they have reviewed the California Air Resources
Board’s policies, rules and regulations and are familiar with the requirements of Title 13,
California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the
“Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s)
(“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate
Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed
description of the subject vehicles, and reasoning for exemption has been
attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100
renewable diesel fuel as defined in the Regulation pursuant to section
2449.1(f)(3). Contractor shall keep detailed records describing the normal
refueling methods, their attempts to procure renewable diesel fuel and proof that
shows they were not able to procure renewable diesel (i.e. third party
correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section
2449(i)(4) because this Project has been deemed an Emergency, as defined
under section 2449(c)(18). Contractor shall only operate the exempted vehicles
in the emergency situation and records of the exempted vehicles must be
maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a
detailed reasoning is attached hereto.
Name of Contractor :____________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
Pearce Concrete & Masonry
Shawn Taylor
Project Manager
4/7/26
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Item: 12.A.
Meeting Date: 4/27/2026
To: City Council
From: Samantha Crew, Management Analyst
Thru: Karina Bañales, City Manager
Subject: Discussion regarding the City of Rancho Palos Verdes' Emergency AM Radio
Program
Background:
The City of Rancho Palos Verdes (RPV), through its Emergency Preparedness Committee (EPC),
initiated exploration of a localized emergency AM radio station to provide continuous, reliable
communication during emergencies. Testing demonstrated that a low-power AM station operating on
the 1680 kHz frequency could provide broad coverage across the Palos Verdes Peninsula, with
approximately 95% signal reach.
As part of this effort, RPV identified Ridgecrest Intermediate School as the preferred site for an
emergency broadcast radio transmitter. The location was selected for its central position on the
Peninsula and high elevation, which improves signal propagation. Recently, RPV entered into a
Memorandum of Understanding (MOU) with the Palos Verdes Peninsula Unified School District
(PVPUSD) to utilize the school property for the installation and operation of the system.
AM radio remains a resilient communication tool, as most vehicles and many handheld emergency
radios are equipped to receive AM broadcasts, even during widespread infrastructure disruptions.
This capability allows residents, particularly those evacuating, to access real-time emergency
information when other communication systems are unavailable. As a result, RPV has proceeded
with implementing this system and has engaged regional partners to assess potential interest in a
broader Peninsula approach.
Discussion:
The city of RPV has shared that the proposed emergency AM radio system would function as a
redundant communication layer, complementing existing tools such as Alert SouthBay and the City’s
outdoor emergency siren system. The system would provide an additional communication pathway
when the internet and cellular-based systems are unavailable.
The system would allow for:
• Continuous broadcast of emergency messaging during outages
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• Pre-recorded preparedness messaging during non-emergency periods
• Live or remote message updates through multiple upload methods (internet, radio frequency,
or manual access)
• Coverage accessible via standard vehicle and handheld radios
In addition to its core functionality, the emergency AM radio system can support both preparedness
and real-time response operations. During non-emergency periods, the system can broadcast pre-
recorded preparedness messaging, public safety reminders, and information about emergency-
related programs and events. During an incident, authorized personnel can upload live or pre-
recorded emergency messages to provide timely updates to the public.
To support operational readiness, the system would require the development of internal procedures,
including message templates, protocols for activation, and staff training. These materials are typically
incorporated into the Emergency Operations Center (EOC) Public Information Officer (PIO) functions
to ensure rapid, coordinated communication during emergencies.
Operations and Maintenance Considerations:
If implemented, the system would require ongoing operational oversight to ensure readiness. This
may include periodic testing, maintaining a continuous loop message identifying the station as an
emergency resource, and updating content with seasonal preparedness messaging or relevant public
safety information.
Responsibility for system management would fall within the City’s Emergency Services Coordinator
(ESC) function, with support from trained staff during activations. Establishing clear roles and
responsibilities for message development, approval, and dissemination would be critical to the
effective use of the system during emergencies.
In coordinated systems, advance notice is typically provided for non-urgent messaging to ensure
alignment across agencies, while urgent life-safety messaging may be disseminated immediately with
follow-up coordination.
Technology:
While modern communication systems continue to advance, many rely on power, cellular networks,
and internet connectivity, all of which can be disrupted during major disasters. In contrast, AM radio
remains a simple and highly resilient technology that has consistently proven reliable in emergency
conditions. Its ability to function with minimal infrastructure and be received by standard vehicles and
weather/emergency battery-powered radios makes it a dependable communication tool when more
advanced systems are unavailable.
The system infrastructure may also include redundant components, such as antennas and backup
power sources to ensure continued operation during outages, further reinforcing its reliability as a
communication tool when other systems fail.
Public Awareness and Outreach Considerations:
The effectiveness of an emergency AM radio system is highly dependent on public awareness.
Outreach efforts would be necessary to ensure residents know when and how to access the station
during an emergency. Typical strategies include integration into City communication platforms such
as the Blue Newsletter, website, and the Block Captain program, as well as physical signage along
evacuation routes and at key community locations.
Outreach materials and messaging should also be incorporated into emergency plans, training
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materials, and public education efforts to reinforce familiarity with the system before an incident
occurs.
At this time:
• Rancho Palos Verdes is moving forward with implementation (see RPV staff reports in
Attachments A and B).
• Rolling Hills Estates and Palos Verdes Estates have indicated they will not participate at this
time.
The City of Rolling Hills has not committed to participation and is seeking additional information
related to the program’s structure, responsibilities, and potential costs.
If Rolling Hills were to participate, it would likely involve:
• Entering into a Memorandum of Understanding (MOU) with Rancho Palos Verdes and Palos
Verdes Peninsula Unified School District
• Coordinating on messaging protocols and system access
• Participating in a cost-sharing structure for installation and potentially future expansion, FCC
licensing, and maintenance (current and future)
• Integrating the system into the City’s broader emergency communications framework
• Ensuring all staff are cross-trained in understanding the radio system
Additional Consideration:
Even if Rolling Hills does not participate, residents would still be able to access the AM radio station,
as the broadcast signal is expected to cover much of the Peninsula. However, without participation,
messaging would be limited to content developed by Rancho Palos Verdes and may not reflect
Rolling Hills-specific conditions, priorities, or localized emergency information. Participation would
enable the City to directly input and control messaging for Rolling Hills residents, ensuring more
tailored, timely, and jurisdiction-specific communication during emergencies.
The emergency AM radio program represents a potential opportunity to enhance the City’s
emergency communication capabilities through a resilient, low-tech system that remains functional
during widespread outages.
Clarification – Under the Radio Access section of the RPV staff report (Attachment B), the last
paragraph states that a draft MOU is currently under review by the Peninsula cities. This reference
pertains to the MOU between the City of Rancho Palos Verdes and the Palos Verdes Peninsula
Unified School District, which is included as an attachment to the RPV staff report (Attachment A). At
this time, there is no existing MOU between the City of Rancho Palos Verdes and the Peninsula cities
regarding the emergency radio program.
Conclusion:
Staff recommends that the Council use this opportunity to discuss the program, ask questions, and
provide direction on next steps. To assist in this discussion, staff has provided options outlining
potential paths forward. The City Council may also provide alternative direction should it wish to
pursue a different approach or level of involvement.
Fiscal Impact:
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The total one-time installation cost for the emergency AM radio system is currently estimated at
approximately $32,000. If Rolling Hills elects to participate, the City’s share of the cost will be
dependent on the final program structure and any future participation by other agencies.
At this time:
• No funding has been allocated for this project in the City’s upcoming Emergency Preparedness
budget
• Ongoing maintenance costs are expected to be minimal but have not been fully defined
• Any financial commitment would be brought back to Council for consideration as part of a
future agreement
Recommendation:
Staff seeks City Council direction on the following options:
1. Provide direction to staff to further explore participation in an emergency AM radio program in
coordination with the City of Rancho Palos Verdes, including the potential development of a
Memorandum of Understanding (MOU) outlining roles, responsibilities, and cost-sharing.
2. Provide direction to staff to continue monitoring the development and implementation of the
emergency AM radio program in the City of Rancho Palos Verdes and return to the City
Council with updates and options for consideration.
3. Provide alternative direction to staff, as determined appropriate by the City Council.
Attachments:
1. Attachment A - CL_AGN_260427_CC_RPVEmergRadioStaffReport_260317
2. Attachment B - CL_AGN_260427_CC_RPVEmergRadioStaffReport_260421
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CITY COUNCIL MEETING DATE: 03/17/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider installing and operating a Citywide emergency AM radio station.
RECOMMENDED COUNCIL ACTION:
(1) Approve the installation and operation of a Citywide emergency AM radio
station, including installing three antennas, a 10-foot tall antenna to the roof at
City Hall; a 27-foot tall antenna to the auditorium roof and a 10-foot tall antenna
at Ridgecrest Intermediate School, to communicate critical emergency
response and preparedness information to the Rancho Palos Verdes
community;
(2) Authorize the City Manager to sign the Memorandum of Understanding (MOU)
between the City of Rancho Palos Verdes and the Palos Verdes Peninsula
Unified School District (PVPUSD) to install and operate the emergency AM
radio station and associated equipment, including a 27-foot and 10-foot tall
antenna, at Ridgecrest Intermediate School; and,
(3) Direct staff to return with a recommended radio station name for City Council
consideration at a future meeting.
FISCAL IMPACT: The installation of an AM radio station will require a one-time cost of
approximately $32,000, which includes equipment, installation, and
backup power to operate the radio during an outage. Sufficient funds
are available in the Fiscal Year (FY) 2025-26 Budget and no
additional appropriation is requested. VR
Amount Budgeted: $71,500
Additional Appropriation: N/A
Account Number(s): 101-400-1430-5101 VR
ORIGINATED BY: Lubna Mohammad, Emergency Management Coordinator
REVIEWED BY: Catherine Jun, Deputy City Manager CJ
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. MOU with Palos Verdes Peninsula Unified School District (Page A-1)
B. Cost proposal for AM Emergency Radio Station (Page B-1)
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BACKGROUND
Major disasters such as earthquakes, landslides, and wildfires are often accompanied by
concurrent outages of power, internet, and/or cell service. These utility outages pose
numerous public safety risks, primarily the loss of all communication capabilities. Among
the key takeaways from the Palisades Fire in 2025, particularly in the City of Malibu, was
the loss of such capabilities and the community’s subsequence reliance on a local AM
emergency radio station to obtain critical information about the status of the fire, its extent,
and evacuations orders routes. This was particularly useful, as most automobiles in the
United States are equipped with an AM radio , and the AM band is a feature of most
weather and emergency handheld radios. Thus, most residents, including those who are
actively evacuating, were able to tune in to receive updates, even during outages.
Testing
In light of the recent fires, the Emergency Preparedness Committee (EPC) began
considering the feasibility of the City deploying its own emergency AM radio station, given
its high risk of wildfire, landslides, and other hazards that can cut off wireless, cellular,
and landline communication. The EPC, with the support of City Staff, hired Information
Station Specialists (ISS), to further explore its feasibility. ISS conducted a radio frequency
search to identify any available AM radio frequencies on the Palos Verdes Peninsula and
found one on the 1680 kHz AM band.
The City then completed an FCC license application to reserve that frequency for a period
of one year, starting May 3, 2025. City Staff, EPC, and ISS then identified Ridgecrest
Intermediate School as the most likely site to successfully accommodate an emergency
broadcast radio transmitter that could cover nearly the entire Peninsula. This location was
chosen due to its central location for the Peninsula, high altitude (which increases signal
propagation), distance from other antennas, and large flat roof of the school’s auditorium
building, where the antenna could be installed. Following discussions with PVPUSD, the
City’s request to utilize the Ridgecrest Immediate School Auditorium to test the range of
the radio station’s coverage was accepted.
EPC and HAM radio members conducted this test, with the assistance of PVPUSD and
ISS, utilized their car radios, NOAA radios, and/or other equipment to test the clarity of
the broadcast. The test, broadcasting at the legal limit of 10 watts, demonstrated that the
radio station could cover over 95% of the Peninsula.
Signal levels were lower along the outer edges of the Peninsula to the north and west
ends of Palos Verdes Estates, along the southeast borders of Rancho Palos Verdes, and
along the eastern border with San Pedro. Despite the lower signal levels, the broadcast
was still easy to understand. The handheld radio signal performance was weaker, due to
their smaller antennas but generally understandable enough to receive emergency
guidance when required.
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Even in areas with weak
signals (indicated with a
yellow highlight and circle on
the map to the right) the
broadcast could be heard
with 60% noise in the
background, which is still
intelligible enough to be
understood in the event of a
real emergency. Two small
areas highlighted and circled
in red along a sliver of Palos
Verdes Drive South and
Western Avenue, were the
only areas where the
broadcast was unintelligible.
The station could easily be
heard north into Torrance on
Sepulveda and Hawthorne
Boulevards without any
impediments.
Based on the results of the testing, the City Council is now being asked to consider
establishing a Citywide emergency AM radio station to communicate critical emergency
response and preparedness information to the Rancho Palos Verdes community as
discussed in the next section.
DISCUSSION
Radio Equipment
The radio antenna needed to operate the
AM radio station is approximately 27 feet tall.
It transmits at 10 watts and has a reach of 5-
10 miles. Radio equipment will be mounted
in the boiler room of the Ridgecrest
Intermediate School and connected to the
antenna that allows pre-recorded looped
messaging along with live recordings and
can be left on 24/7. Messages can be
uploaded via internet, digital radio, or
manually through a flash drive.
Furthermore, when the City is not in a state of emergency, looped messages can include
emergency preparedness tips or information about upcoming emergency prep events or
programs.
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To ensure functionality of back up message uploading via digital radio, two 10-foot-tall
antennas will be installed; one at the northeast corner of the roof over City Hall and the
other at Ridgecrest Intermediate School located as close as possible to the permanent
location of the broadcast equipment.
Radio Installation
The City will coordinate with ISS to complete all installation work after the City and
PVPUSD execute a MOU for the installation, maintenance, and operation of the AM radio.
Installation will include the cabinet for radio equipment, antenna installations, and
permitting and inspection requirements through the City’s Building and Safety Division.
PVPUSD will be responsible for checking with the Division of State Architecture to
complete any of their inspection or construction requirements and correspond with the
City accordingly. PVPUSD will also ensure the room holding the radio equipment is
weatherproof.
Maintenance
While there are no ongoing maintenance fees for the radio, the City will complete an FCC
renewal every 10 years and perform any repairs as needed.
Back Up Power
While Rancho Palos Verdes City Hall has a backup power system, Ridgecrest
Intermediate School does not. To ensure the continuous functionality of the radio during
power outages, an Uninterruptable Power Supply (UPS) will be purchased and installed
by the City for Ridgecrest Intermediate School. A UPS is capable of supplying power for
at least 72 hours, allowing enough time to transport and connect a small portable
generator, should the power outage continue beyond the 72 -hour time frame.
Furthermore, the City has several small generators that can be deployed during an
emergency to ensure the radio station remains operational.
Radio Use Protocol
Upon installation, the radio station will continuously broadcast a pre-recorded message
on a 24-hour loop identifying the radio station as an emergency channel for the City and
PVPUSD.
The primary method for uploaded pre-recorded or live messaging to the radio station will
be through the internet, allowing authorized users to remotely add or update messaging.
However, recognizing that internet service may be disrupted during a major disaster, a
secondary upload method will be available through a digital radio connection operating
on the 470 MHz band and using 50-watt radios at City Hall and Ridgecrest Intermediate
School. Finally, if both the internet and digital radio connections are unavailable,
messaging may be uploaded directly to the broadcast unit at Ridgecrest Intermediate
School, by inserting a USB drive containing the message. This is the only instance where
physical access would be needed at the facility to upload messaging.
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Radio Messaging
The City and PVPUSD leadership will have full access to the radio station and may upload
pre-recorded messages or live recordings under the following circumstances:
• A potential or active hazard posing a threat to life or property.
• Emergency-related information, including preparedness, mitigation, response,
and/or recovery messaging.
• Announcements of events or programs related to disasters, emergencies, or
hazards.
To ensure coordination, newly uploaded messages or recordings should be shared
between the City and PVPUSD at least 48 hours in advance by one of the following
representatives or their designees for each entity:
• PVPUSD Superintendent or Assistant Superintendent
• Rancho Palos Verdes City Manager, Deputy City Manager, or Emergency
Management Coordinator
When messaging pertains to immediate life -safety matters, advance notice is not
required; however, every reasonable effort should be made to notify the individuals listed
above as soon after the message is uploaded.
Radio Access
PVPUSD will provide City leadership with keys granting access to the room housing the
radio equipment, which also provides access to the antennas. This access will allow
authorized City personnel to manually upload emergency messaging to the radio station
when necessary and perform any required maintenance or repairs.
In the event a neighboring jurisdiction wishes to utilize the emergency radio station for
disaster-related messaging, that jurisdiction must submit its proposed message to City
leadership for review and approval. If approved, the messaging will be shared with
PVPUSD’s leadership and uploaded by the City in accordance with the process described
above and an established fee.
PVPUSD MOU Approval
On February 25, 2026 the PVPUSD Board approved and signed the MOU , which is under
Attachment A and presented tonight for City Council’s consideration in order to effectuate
this Project.
Radio Station Name
At this time, a name has not been selected for the radio station. Prior to going live, an
item will be brought back to the City Council to consider the name of the radio station (i.e.
AMRPV, Radio RPV, RPV Emergency AM Radio: 1680 AM).
5
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ADDITIONAL INFORMATION:
Next Steps
Upon approval by City Council and completion of all signatures on the MOU, City Staff
will purchase the radio equipment and work with PVPUSD to get all installation work
completed. The process should take approximately one month, with the actual installat ion
requiring one to two days. To ensure compliance with the City’s FCC license, the radio
station must be live by May 3, 2026.
The Vendor will then provide radio use training to City and PVPUSD leadership and
coordinate the recording of pre-scripted messaging. The City will also work with PVPUSD
to sign any facility access agreements to receive keys to the radio location at Ridge crest
Intermediate School. The radio station will then go live and will be incorporated into City
emergency plans and outreach material as a communications tool.
The total cost to install the AM radio station is approximately $32,000 (Attachment B).
Sufficient funds are budgeted in the Emergency Preparedness program budget for FY
2025-26. No additional appropriation is requested.
Peninsula Cities
In late 2025, the City engaged the other three Palos Verdes Peninsula cities to gauge
their interest in participating in this project and contributing towards the installation cost.
At that time, the three Peninsula cities indicated that they would be willing to discuss
participation in the future and to proceed without their participation at this time. It should
be noted that if approached by the other three Peninsula cities to participate or to use the
system for messaging, a fee or cost share formula will be established.
CONCLUSION:
Installing an emergency radio station for the City enhances communication capabilities
during emergencies, strengthening response capabilities and protecting public safety.
The City Council is recommended to approve installing the emergency radio station,
including associated antennas and equipment, and authorizing the City Manager to sign
the MOU between the City and PVPUSD.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the installation of the emergency radio station and subsequent MOU.
2. Take other action, as deemed appropriate.
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A-1
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A-2
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A-3
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A-4
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A-5
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A-6
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Description Unit Price Amount
Deliverables
Deliverables Subtotal
Discount %-
Deliverables Discounted
Quantity
The Information Station - IP & USB Editions
Number Date
Author Contact Info
Version Frequency
Contact
Agency
Ship To
Mail To
Phone
Number
Email
Comments:
Quote Estimate Proforma Invoice
Customer Reference
Number
Phone 616.772.2300 - info@theRADIOsource.com - www.theRADIOsource.com Page 1 of 5
USBEditionIPEdition
B-1
Page 88 of 129
Services (****)
Description Unit Price AmountQuantity
State sales tax will be applied to all deliverables and services on this document, unless you
are remitting the tax to your state as “use tax” or you are exempt. We denote partial
taxation by checking applicable boxes to the right of line items. If you feel we have not
applied tax correctly, please let us know before ordering. We will also send you a "State
Tax Information Form" to complete and submit, after we receive your order. If sales tax is
not to be applied on this quote, please indicate at the time of ordering if you are
Packaging and Handling
Shipping
State Sales Tax %
Grand Total
Subtotal
Services
or paying use tax.tax exempt
Quotations are valid for 180 days from quotation date.
Footnotes
The Information Station basic package includes yard or isolated antenna/groundplane installation equipment, a transmitter; a digital message
player.
Installations of Vertical Profile Antenna Systems assume adequate room and no underpaving excavation work required.
Flashing ALERT Signs are 42" x 24" aluminum with LED beacons and custom text. Each sign must be physically wired to the RCPU for power and
control. Each RCPU includes a receiver, cabinet and LED/flasher, solar-charging system and support and attachment hardware. RCPUs are powered by
the sun and triggered to activate Flashing ALERT Sign beacons via your 2-way radio system. Each RCPU can power and control up to 4 signs. Flashing
ALERT Sign System installation is not included unless specified. Installation is typically done locally.
Services: (a) Frequency Planning Package includes Frequency Search and Signal Monitor Radio Receiver. (b) The FCC License includes the
engineering study, FCC filing and FCC-required construction notification, as well as tracking, changes, temporary test licenses and notifications. (A FCC
license is required for 10-watt Information Stations, except for federal agencies, which obtain an authorization separately thru their agencies.) (c)
Transmitter Site Preparation Package typically includes connection to services, installation of coaxial cables, cabinets, groundplanes, conduits and
excavation. (d) The Electronics Installation Package typically includes installation, tuning and testing of electronics. (e) The Training and FCC Signal
Intensity Survey typically include FCC-required signal documentation, complete staff training, certification and customer materials. Unless otherwise
specified, the buyer is responsible for providing telephone, network, leased line or other services to the site. (f) Required Services: life-time remote
technical assistance for product operation, maintenance and troubleshooting during the life of the equipment. Unless required by the purchase
contract, the following are not included: wood antenna support poles, ordering of telephone, network, paging, cellphone or other services from third-
party providers; connection to customer computer networks; cutting and replacing pavement for buried services installation; restoration of landscaping
or yards; securing work permits.
Phone 616.772.2300 - info@theRADIOsource.com - www.theRADIOsource.com Page 2 of 5B-2
Page 89 of 129
Notes
We prepay ground freight within the 48 contiguous United States, if the total of the order before tax exceeds $7,500. Freight to Alaska and Hawaii
bears an additional charge. The product is typically available for shipment 30-60 days after we receive your order and the equipment configuration is
provided.
Terms for Government Entities: Net 30 days to government entities and their agents.
Terms for Private Entities: Payment is required at the time of order or shipment. Check clearance time will apply. Terms may be extended after
initial orders.
Payment Methods: Check, money order, credit card or wire and electronic funds transfer (EFT).
Warranty: See "Warranty and Service Information" at the end of this document.
Organization or Agency Name
Today'sDateYourName & Title
EmailPhoneLocalContact's Name (if different)
Federal Tax ID Number (if applicable)
State Sales Tax Exemption Number (if applicable). Or attach certificate.
Shipping Address
Billing Address
Credit Card Information:
Credit Card Number
Expiration Date 3-Digit Security Number Name on Card
Billing Address
Purchase Order # (Net 30, Government Agencies Only)
Person and Phone Number to Call for Credit Card Info
For charges exceeding $2,000, please note that a surcharge of 2% for MasterCard or 3% Visa and PayPal will be added.
The Agreement
This agreement comprises an order for the aforementioned products and services. Purchases are subject to the "Standard Terms and Conditions"
presented on the next page, which becomes part of the contract. Please submit the below information in association with or in lieu of a purchase order
document.
Customer Information:
MasterCard Visa Send PayPal Invoice
Phone 616.772.2300 - info@theRADIOsource.com - www.theRADIOsource.com Page 3 of 5B-3
Page 90 of 129
Standard Terms and Conditions
These terms and conditions shall be part of any purchase contract with Information Station Specialists, Inc., unless, by agreement between buyer and
sellers, modified in writing.
Orders
Orders for products and services will be accepted and will be entered for implementation only when configuration information is provided to
Information Station Specialists. This information, if not provided by the buyer on the purchase order, is to be provided by the completion and return of
special questionnaires sent to the buyer immediately after the order is received. Purchase orders are deemed incomplete and are not accepted until
configuration information is received by Information Station Specialists.
Billing
Payment terms by the buyer of Information Station Specialists' equipment and services shall be net 30 days (maximum government buyers only).
Information Station Specialists reserves the right to invoice for equipment at the time of delivery and separately for labor at the time of completion.
Deliveries of equipment and provision of services may be in stages. Partial billing may occur as the project proceeds. Information Station Specialists
reserves the right to postpone or cancel field labor or subsequent equipment shipments in the event that invoices beyond 30 days are unpaid. Net-30
payment terms are independent of any arrangement or contract the buyer has with any other party, including his customer, if any. For credit card
charges exceeding $2,000, a surcharge of 2% for MasterCard or 3% for Visa and PayPal will be added. A PayPal invoice can be sent. Other credit card
payments are not currently accepted. A 1.5% interest charge shall be levied against invoices not paid within the 30-day period, beginning on the date
30 days have elapsed and monthly on that calendar date thereafter. Return of components and materials to Information Station Specialists are subject
to a 20% restocking fee to cover freight and labor, a cost the purchaser shall bear.
Field Labor
Information Station Specialists reserves the right to invoice for additional field labor and travel-related expenses required of Information Station
Specialists' technicians due to lack of preparation on the part of the customer or his/her agents or contractors under his/her direction. A 30-Day
minimum leadtime is required to schedule field labor.
Submittals
By entering into this agreement, the buyer agrees that Information Station Specialists' product specifications are acceptable to him/her as well as to
his/her customer, if said product(s) is(are) to be resold.
FCC Licensing
Information Station Specialists cannot guarantee FCC approval of license applications in advance of such grants. If the buyer elects to build the station
in advance of a regular license grant, components that might subsequently require return or modification are subject to additional freight, labor, parts
or restocking fees.
Interference
Information Station Specialists is not responsible for signal interference from the environment, including, but not limited to: other radio stations,
power lines, computer or communication systems. Signal reception cannot be guaranteed at any location unless a signal test is performed in advance
of the provision of equipment and services. In such a case, similar reception can be guaranteed only given the same environmental conditions and
equipment configuration present during testing. IMPORTANT: For AM antennas installed on/near buildings, the installation of an AM antenna on or
within 50 feet of other communications systems increases the likelihood of interference to such systems (telephone, computer, radio and other AV
systems). The buyer will accommodate or otherwise be responsible for rectifying any resulting interference to these systems.
Insurance
If the buyer stipulates insurance coverage levels or exposure protections that exceed Information Station Specialists' standard insurance policies, costs
to provide the requirements may be added to the purchase contract at the discretion of Information Station Specialists.
Phone 616.772.2300 - info@theRADIOsource.com - www.theRADIOsource.com Page 4 of 5B-4
Page 91 of 129
Phone 616.772.2300 - info@theRADIOsource.com - www.theRADIOsource.com Page 5 of 5
Warranty and Service Information
Lifetime Product Support
Information Station Specialists provides remote technical support 24 hours a day, 7 days a week, for the life of your Information Station Specialists
system.
By telephone: Call 616.772.2300 and press 2, 9 am to 5 pm Eastern Time. After hours, press 3 to contact a technician.
By email: Send to info@theRADIOsource.com, 24 hours a day. You will receive a response within 24 hours and/or on the next business day.
For assistance with computer-based audio control systems: Call between the hours of 9 am and 5 pm Eastern Time at 616.772.2300 (and press 2) to
have an Information Station Specialists technician work with you live online.
General Warranty
Information Station Specialists, Inc., warrants its new products against defects in workmanship for one year from the date the products are placed
into service. Defective components may be returned prepaid to Information Station Specialists for repair or replacement at no charge during the
one-year warranty period. Damage that occurs after delivery, such as from lightning or other physical, electrical/digital sources, including improper
use or abuse, is not covered by this warranty. The warranty is void should the configuration of components, hardware or software, including the
total system, be modified (or modified with respect to the operating environment) subsequent to delivery.
This is the full and complete warranty for new products and services. Information Station Specialists assumes no obligation or liability for additions
or modifications to the above warranty unless made in writing and signed by an officer of Information Station Specialists, Inc. Information Station
Specialists supplies this warranty in lieu of all other warranties expressed or implied, including warranties of fitness of the product(s) for a particular
purpose. In no event shall Information Station Specialists be liable for incidental or consequential damage to the full extent that might be
disclaimed by law.
Warranty periods for preowned / reconditioned products, may vary and will be stated on associated quotations.
Certain personal computer components, peripherals and software might have warranties that exceed the one-year Information Station Specialists
warranty and might begin on the date of sale, e.g.: Dell-brand computer hardware has a three-year onsite warranty with next-day service.
The Information Station Specialists general warranty may be extended beyond one year for an annual charge.
Service Information
The warranty service location is Zeeland, Michigan, USA.
Service contracts are available after expiration of the warranty period. These contracts provide for prompt repair and replacement of defective
components in the field. Please inquire for pricing.
Repair parts may be purchased directly from Information Station Specialists, Inc., maintains a 24-hour access line and email service to make contact
simple and immediate.
The proposed equipment includes diagnostic equipment operators might use to easily identify defective components. Typically, defective modules
are removed by users and sent to Information Station Specialists for immediate replacement or repair.
Technical training may be requested of Information Station Specialists at the time of system installation and/or by calling 616.772.2300 to arrange
an appointment.
B-5
Page 92 of 129
CITY COUNCIL MEETING DATE: 04/21/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider naming and outreach efforts for the City’s emergency radio station.
RECOMMENDED COUNCIL ACTION:
(1) Approve the City’s emergency radio name as 1680 AM: Peninsula Emergency
Updates; and,
(2) Approve the community outreach strategies for the 1680 AM Peninsula
Emergency Radio Station.
FISCAL IMPACT: The signs and banners needed for community outreach efforts for the
City’s AM radio station are estimated at $3,000. Sufficient funds are
available in the Fiscal Year (FY) 2026-27 Budget and no additional
appropriation is requested. VR
Amount Budgeted: $3,000
Additional Appropriation: N/A
Account Number(s): 101-400-1430-4310 VR
(General Fund – Emergency Preparedness) – Operating Supplies)
ORIGINATED BY: Lubna Mohammad, Emergency Management Coordinator
REVIEWED BY: Catherine Jun, Deputy City Manager CJ
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. March 17, 2026 Staff Report (Linked)
BACKGROUND
Major disasters such as earthquakes, landslides, and wildfires are often accompanied by
concurrent outages of power, internet, and/or cell service. These utility outages pose
numerous public safety risks, primarily the loss of all communication capabilities. For this
reason, the City Council, on March 17, 2026, authorized the installation and operation of
a citywide emergency AM radio station, in partnership with the Palos Verdes Unified
School District (PVPUSD). Additional detail about the required equipment, its location,
and coverage across the Palos Verdes Peninsula are outlined in the March 17 Staff
Report under Attachment A. The AM emergency radio station serves as a backup means
of sharing critical public information about emergencies during communication disruptions
1
Page 93 of 129
and is accessible in most vehicles and weather/emergency handheld radios . Thus, most
residents, including those who are actively evacuating, will be able to tune in to receive
safety information and evacuation guidance, even during outages. Following City Council
authorization of the AM Radio Station, Staff indicated it would return to a future Council
meeting with a recommended radio station name and outreach strategy to raise public
awareness about this emergency resource.
DISCUSSION
Name and Logo
The emergency radio station is recommended to
be named “1680 AM: Peninsula Emergency
Updates”. Place the station number in the front
of the name helps residents remember where to
tune in during an emergency. Using the term
“Peninsula” articulates the range of the radio to
broadcast messaging throughout the area, which
includes all PVPUSD schools and the City. While
use of the City’s and PVPUSD’s names within
the station’s name were initially considered, it
was ultimately determined that this would take
away from the simplified message this radio
station seeks to portray, which is to tune into
1680 AM for local emergency updates
throughout the Peninsula.
While the Palos Verdes Peninsula does include other cities who are not currently a part
of this partnership, this radio station name is appropriate as PVPUSD schools exist in all
four Peninsula cities and provides an opportunity for the other Peninsula cities to join the
radio partnership in the future without a major renaming and rebranding effort. Moreover,
the radio protocols and agreement have been written to allow the other Peninsula cities
to work through the City to broadcast messaging on the radio during emergencies, since
the radio reaches most of the entire Peninsula.
Outreach Strategy
The City will utilize the following platforms to advertise the new emergency radio station:
• Social Mediaemail listserv messages, websites, quarterly newsletters, MyRPV app
and the City Manager’s Weekly Report
• RPVtv Public Service Announcements on Channel 33 and YouTube
• Emergency Preparedness Committee (EPC) booth at events, monthly messages,
and meetings
• City Meetings
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Additionally, to amplify messaging, City staff will work to post signs on all major egress
routes throughout the City, City facilities, local businesses, nonprofits, within
neighborhoods (where possible), Homeowners’ Associations (including Council of
Homeowners Associations (CHOA), and Neighborhood Watch.
Upon approval by City Council of the emergency radio’s name and outreach strategy, City
staff will begin distributing flyers, banners, and roadway signs that will be posted after the
installation and testing of the radio in May to June 2026. City Staff will incorporate the
outreach material into radio procedures, guidance, templates and scripts and host these
in SharePoint and within the EOC position binders to ensure staff is able to quickly utilize
the radio station for emergency messaging.
ADDITIONAL INFORMATION:
Radio Procedure Implementation
After the radio station is installed and tested, City staff will begin outreach on the radio
station, along with training staff to operate the radio during emergencies. Installation and
testing will occur during Spring 2026 and outreach will begin in Summer 2026 .
The City’s Emergency Management Coordinator will be responsible for maintaining the
radio station when there is no emergency; conducting monthly testing and uploading a
generic message that will run on a loop 24/7 on the radio station, identifying it as a backup
form of communication for the City and PVPUSD during emergencies. The Emergency
Management Coordinator will also upload emergency related information, such as
preparedness messaging, safety reminders during inclement weather, and advertising for
emergency related events regularly, adding this information to the looped message when
appropriate.
The Emergency Management Coordinator will work with the vendor to train City Staff on
the radio operation and use, along with developing and incorporating procedures, training
manuals, and pre-scripted messaging into the Public Information Officer (PIO) Se ction of
the City’s Emergency Operations Center (EOC). While the Emergency Management
Coordinator will take on the primary responsibility of maintaining and operating the radio
station on behalf of the City, the PIO Section of the EOC may be called upon du ring an
emergency to help quickly share messaging on the radio station.
Radio Access
The City and PVPUSD leadership will have full access to the radio station and may upload
pre-recorded messages or live recordings under the following circumstances:
• A potential or active hazard posing a threat to life or property.
• Emergency-related information, including preparedness, mitigation, response,
and/or recovery messaging.
3
Page 95 of 129
• Announcements of events or programs related to disasters, emergencies, or
hazards.
To ensure coordination, newly uploaded messages or recordings should be shared
between the City and PVPUSD at least 48 hours in advance by one of the following
representatives or their designees for each entity:
• PVPUSD Superintendent or Assistant Superintendent
• Rancho Palos Verdes City Manager, Deputy City Manager, or Emergency
Management Coordinator
When messaging pertains to immediate life -safety matters, advance notice is not
required; however, every reasonable effort should be made to notify the individuals listed
above as soon as possible after the message is uploaded.
In the event a neighboring jurisdiction wishes to utilize the emergency radio station for
disaster-related messaging, that jurisdiction must submit its proposed message to City
leadership for review and approval. If approved, the messaging will be shared w ith
PVPUSD’s leadership and uploaded by the City in accordance with the process described
above and an established fee. This procedure is called out in the draft Memorandum of
Understanding (MOU) currently under review by the three other Peninsula cities.
Peninsula Cities
City Staff have reached out to the other Peninsula cities to provide details about the
project with the offer to be partners on the emergency radio station, leaving the door open
to the possibility of a future partnership on this project, if the other Peninsula cities voice
interest. City staff continue to provide updates and information to the other Peninsula
cities as major project milestones are reached and as questions are presented.
CONCLUSION:
Ensuring a sound outreach strategy is critical to the success of the City’s emergency AM
radio station, helping inform both City staff and the public about the radio station and its
purpose. The City Council is recommended to approve the name and outreach strategy
for the emergency radio station, as outlined above.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the emergency radio station name and outreach strategy.
2. Identify a different name for the emergency radio station
3. Approve the emergency radio station name and outreach strategy with certain
modifications.
4. Take other action, as deemed appropriate.
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Page 96 of 129
Item: 12.B.
Meeting Date: 4/27/2026
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Consideration and discussion regarding the Traffic Commission's recommendation to
modify the existing Rolling Hills Municipal Code overnight parking restriction
ordinance for possible revisions or updates
Background:
At the May 22, 2025 Traffic Commission meeting (Attachment B), the Commission requested that
this item be continued for further discussion based on input provided by LA County Battalion Chief
Butorovich, specific to ingress/egress, public safety, and the City of Los Angeles Ordinance regarding
parking restrictions within canyons during Red Flag Events.
At the July 24, 2025, Traffic Commission meeting (Attachment B), the Commission considered all
information present and unanimously recommended that the City Council consider an Ordinance
excluding street parking on Red Flag days.
On August 11, 2025, the City Council unanimously created a limited Ad Hoc Council Subcommittee to
discuss potential Red Flag Warning Municipal Code changes related to parking and potential
prohibition on high-risk outdoor activities, and also provided direction to the Traffic Commission to
look at all existing parking ordinances for possible revisions or updates and to bring information back
to the City Council for further consideration
At the September 24, 2025, Traffic Commission meeting (Attachment B), staff was directed to
evaluate conflicting rules or inconsistencies with the municipal code, look at similar communities as
mentioned (Hidden Hills, Bradbury, and La Habra Heights), and return with high-level
recommendations for the Commission to consider.
At the January 22, 2026 Traffic Commission meeting, the Commission reviewed Municipal Code
sections from Hidden Hills, Bradbury, and La Habra Heights to compare with the Rolling Hills
Municipal Code. After discussion, the Commission directed staff to bring back more equitable and
enforceable language to update the existing municipal code on overnight parking.
At the March 26, 2026 Traffic Commission meeting, the Commission unanimously approved
recommending that the City Council approve revisions of RHMC 10.52.210 to read as follows: “no
Page 97 of 129
person shall stop, leave standing, or park any motor vehicle between the hours of 2 a.m. and 4. am,
except for authorized emergency vehicles, city or association approved construction staging sites,
and/or the vehicle of any regularly licensed physician when engaged in making professional calls.”
Discussion:
At the direction of the Traffic Commission, staff evaluated the existing Rolling Hills Municipal Code
(RHMC) specific to overnight parking, as seen below,
10.52.210 All-night parking prohibited. No person shall stop, stand, or park a vehicle on any
road for a period of time longer than one hour between the hours of two a.m. and four a.m. of any
day, except authorized emergency vehicles and the vehicle of any regularly licensed physician
when engaged in making professional calls. (Ord. 261 § 1(part), 1996).
and recommended simplifying the existing language to be more in line with Bradbury (see matrix in
Attachment A), which denotes a set window of time during overnight hours when parking is
disallowed. This change would remove any ambiguity that currently exists and reinforce the intent of
the original language to prohibit overnight parking.
At the March 26, 2026 Traffic Commission meeting, the Commission unanimously approved
recommending that the City Council approve revisions of RHMC 10.52.210 to read as follows: “no
person shall stop, leave standing, or park any motor vehicle between the hours of 2 a.m. and 4.am,
except for authorized emergency vehicles, city or association approved construction staging sites,
and/or the vehicle of any regularly licensed physician when engaged in making professional calls.”
If the Council directs staff to draft an Ordinance change, the Council may want to also consider
directing staff to conduct a "resident educational campaign" ahead of any potential change(s) to the
municipal code to ensure that the community is aware of the potential for ticketing. It is important to
note that any changes will require a first and second reading.
Fiscal Impact:
None.
Recommendation:
Receive and file. Provide further direction to staff on whether to formally modify the Municipal Code
as recommended.
Attachments:
1. Attachment A - CL_AGN_260326_TC_MuniCode_ComparisonMatrix
2. Attachment B - CL_AGN_250925_TC_Item10C
Page 98 of 129
Municipal Code Parking Comparisons as presented to Traffic Commission on 03/26/26
Rolling Hills Hidden Hills Bradbury La Habra Heights
10.52.090 Parking on narrow roads.
The City Manager is authorized to place signs or markings
indicating no parking upon any road when the width of the
roadway does not exceed twenty feet or upon one side of a road
as indicated by such markings when the width of the roadway
does not exceed thirty feet. When official signs or markings
prohibiting parking are erected upon narrow roads as authorized
herein, no person shall park a vehicle upon any such road in
violation of any such sign or marking.
(Ord. 261 § 1(part), 1996).
4-4D-3: F. Narrow Streets: The Building Official is authorized by
the City Council to place signs or markings indicating no parking
upon any street when the width of the roadway does not exceed
20 feet or upon one side of a street as indicated by such signs or
markings when the width of the roadway does not exceed 32 feet.
6.5.20 On-Street parking prohibitions
B. On-street parking is never allowed if such causes a significant
increase in hazards for users of the road by narrowing useable
pavement width to a degree causing impeded passage or access
or by obstructing sight distance.
4-4D-3: C. Parkways: No person shall stop, park or leave
standing any vehicle within or upon any parkway between the
hours of 3:00 a.m. and 6:00 a.m., provided, the City Clerk may
permit parking during such hours when the driveway or drive
approach is unavailable for parking due to repair, reconstruction
and similar causes.
.
10.52.250 Parking over seventy-two hours prohibited.
No person who owns or has possession, custody or control of any
vehicle shall park such vehicle upon any road for more than a
consecutive period of seventy-two hours.
(Ord. 261 § 1(part), 1996).
Sec. 4.01.1000. Stopping, standing or parking on city streets
during certain hours.
(a) No person shall park any motor vehicle or leave standing any
motor vehicle for a period exceeding two hours between the hours
of 7:00 a.m. and 6:00 p.m. on any day except Sunday on
Braewood Drive.
6.5.20 On-Street parking prohibitions
D. No person shall park, leave standing, or store upon any
roadway or other place open for vehicular travel within the City
limits of the City of La Habra heights, any vehicle, as defined in
Vehicle Code Section 670, for more than 72 consecutive hours
10.52.210 All-night parking prohibited.
No person shall stop, stand or park a vehicle on any road
for a period of time longer than one hour between the hours
of two a.m. and four a.m. of any day, except authorized
emergency vehicles and the vehicle of any regularly
licensed physician when engaged in making professional
calls.
(Ord. 261 § 1(part), 1996).
Sec. 4.01.1000. (b) No person shall park any motor
vehicle or leave standing any motor vehicle between the
hours of 4:00 a.m. and 5:00 a.m.
6.5.20 On-Street parking prohibitions
In addition to those restrictions imposed by state law… A.
Overnight on-street parking is prohibited on all roads in the
City of La Habra Heights. Temporary on-street parking is
permitted when and where it does not interfere with or
obstruct the safe use of the street or adjacent properties.
10.52.140 Parking on equestrian path prohibited.
No person shall stop, park or leave standing any vehicle; whether
attended or unattended, upon any bridle trail or equestrian path so
as to cause equestrians to use the road instead of such trail or
path.
(Ord. 261 § 1(part), 1996).
1
Page 99 of 129
Municipal Code Parking Comparisons as presented to Traffic Commission on 03/26/26
Rolling Hills Hidden Hills Bradbury La Habra Heights
10.52.130 Hazardous parking prohibited.
No person shall stop, park or leave standing any vehicle, whether
attended or unattended, which, when so stopped or parked,
constitutes a hazard to other traffic, except when necessary to
avoid conflict with other traffic or in compliance to the directions of
a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
10.52.220 Blocking driveway prohibited.
No person shall stop, park or leave standing any vehicle, whether
attended or unattended, in front of a public or private driveway,
except when necessary to avoid conflict with other traffic or in
compliance with the directions of a Deputy Sheriff or official traffic
control device.
(Ord. 261 § 1(part), 1996).
10.52.240 Parking near traffic control devices prohibited.
No person shall stop, park, or leave standing any vehicle, whether
attended or unattended, within twenty feet of a stop sign, official
electric flashing device or any other official traffic control device or
sign.
(Ord. 261 § 1(part), 1996).
4-4D-6: EMERGENCY PARKING SIGNS.
Whenever the Building Official determines that an emergency
traffic congestion is likely to result from the holding of public or
private processions or assemblages, he as authorized by the local
authority and shall place temporary signs indicating that the
operation, parking or standing of vehicles is prohibited on such
streets and alleys. Such signs shall remain in place only during
the existence of such emergency, and the Building Official shall
remove such signs thereafter.
(Ord. 215, 1-19-89; 1993 Code)
Sec. 4.01.1000. (c) Upon application to the City Manager, or
designee, on a form created for such purpose, any resident may
be granted authority to park on the streets or portions of streets
described in subsections (a) or (b) adjacent to their property for
the duration provided in this subsection to allow out-of-town
visitors to park in front of the residence which they are visiting for
a limited time period during the hours otherwise prohibited by
subsections (a) or (b).
(1) Parking passes shall be issued by the City Manager or
designee.
(2) To obtain a parking pass, each applicant shall furnish their
name and address, the license number of the vehicle, the date of
issuance and the day the parking pass is valid. Such pass shall
be placed in the interior of the vehicle in such a manner as to be
clearly visible to traffic enforcement officers.
(3) The vehicle parking pass shall be issued and shall include the
identifying license number of the vehicle and the location at which
the applicant desires to park the vehicle.
(4) The parking pass shall be valid for a maximum of five days.
Prior to expiration of a vehicle parking pass issued under this
section, the applicant may apply for and be granted a new vehicle
parking pass for three days if the applicant still qualifies under the
conditions set forth herein. In no event shall more than two vehicle
parking passes be issued to an applicant within a 30-day period.
(5) The City Council shall, by resolution, establish a fee for
issuance of a vehicle parking pass.
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Page 100 of 129
Item: 10.C.
Meeting Date: 9/25/2025
To: Traffic Commission
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Consideration and discussion regarding existing parking ordinances for possible
revisions or updates
Background:
At the May 22, 2025 Traffic Commission meeting, the Commission requested that this item be
continued for further discussion based on input provided by LA County Battalion Chief Butorovich
specific to ingress/egress, public safety, and the City of Los Angeles Ordinance regarding parking
restrictions within canyons during Red Flag Events.
At the July 24, 2025 Traffic Commission meeting, the Commission considered all information present
and unanimously recommended the City Council consider an Ordinance excluding street parking on
Red Flag days. The Administrative Report and attachments from July can be found as Attachment A.
On August 11, 2025, the City Council unanimously created a limited Ad Hoc Council Subcommittee to
discuss potential Red Flag Warning Municipal Code changes related to parking and potential
prohibition on high-risk outdoor activities and also provided direction to the Traffic Commission to look
at all existing parking ordinances for possible revisions or updates and to bring information back to
the City Council for further consideration
Discussion:
Attachment A includes the municipal code areas regarding parking. Staff had highlighted the sections
most germane to the discussion specific to Red Flag Warnings / Evacuations.
Staff recommends the Traffic Commission begin discussions, provide direction to staff, continue the
item for additional discussion if needed, and/or provide recommendations to the City Council.
Fiscal Impact:
Unknown at this time.
Recommendation:
Receive and file. Provide direction to staff, continue the item for additional discussion, and/or provide
recommendations to the City Council.
Page 101 of 129
Attachments:
1. CL_AGN_250724_TC_Item10A_RedFlagWarning
Page 102 of 129
Item: 10.A.
Meeting Date: 7/24/2025
To: Traffic Commission
From: Christian Horvath, Assistant to the City Manager / City Clerk
Thru: Karina Bañales, City Manager
Subject: Consideration and discussion regarding vehicles parked within roadside easements
and potential public safety impacts on major evacuation routes as well as
ingress/egress access on smaller roads
Background:
At the May 22, 2025 Traffic Commission meeting, the Commission requested that this item be
continued for further discussion based on input provided by LA County Battalion Chief Butorovich
specific to ingress/egress, public safety, and the City of Los Angeles Ordinance regarding parking
restrictions within canyons during Red Flag Events. The Administrative Report from May can be
found as Attachment A.
Staff has collected further information for the Commission to consider and discuss.
Discussion:
At the May 22, 2025 Traffic Commission meeting, LA County Battalion Chief Butorovich provided
input specific to ingress/egress, public safety, and the City of Los Angeles Ordinance (Attachment B)
specific to parking restrictions within their canyons or other Very High Fire Hazard Severity Zones
(VHFHSZ) during Red Flag Events. Staff has also included a map of those areas (Attachment C).
The City of Los Angeles implemented their Red Flag Parking Restrictions program in January 2006.
When a Red Flag Day is declared by the Los Angeles Fire Department (LAFD), parking is strictly
prohibited in posted areas within the VHFHSZ. Zones include narrow roads, sharp curves, hairpin
turns and key intersections or areas where parked vehicles can block access for emergency
responders and trap residents during an evacuation.
More than 1700 signs were installed to clearly mark the restricted areas. Illegally parked vehicles are
towed to ensure roadways remain clear for emergency access during Red Flag Events.
LAFD have a specific web page regarding Red Flag Parking restrictions (Attachment D) as does the
Laurel Canyon Association (Attachment E). Both pages are meant to provide information for residents
in any designated areas.
Page 103 of 129
Staff recommend the Commission continue the discussion in consideration of the new information
provided and provide further direction to staff and/or recommendations tithe City Council.
Fiscal Impact:
Unknown at this time.
Recommendation:
Receive and file. Provide direction to staff and/or recommendation to City Council.
Attachments:
1. Attachment A - CL_AGN_250522_TC_Item11B_AR_F
2. Attachment B - CL_AGN_250724_TC_CoLA_RedFlag_ParkingOrd
3. Attachment C - CL_AGN_250724_TC_LA_RedFlagOrd_Map-GIS
4. Attachment D - CL_AGN_250724_TC_LAFD_RedFlag_Website
5. Attachment E - CL_AGN_250724_TC_LaurelCanyonAssoc_RedFlag_WebPage
Page 104 of 129
Agenda Item No.: 11.B
Mtg. Date: 05/22/2025
TO:HONORABLE CHAIR AND MEMBERS OF THE TRAFFIC COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT: CONSIDERATION AND DISCUSSION REGARDING VEHICLES
PARKED WITHIN ROADSIDE EASEMENTS AND POTENTIAL PUBLIC
SAFETY IMPACTS ON MAJOR EVACUATION ROUTES AS WELL AS
INGRESS/EGRESS ACCESS ON SMALLER ROADS
DATE:May 22, 2025
BACKGROUND:
In recent years, the topic of vehicular parking within roadside easements has been brought up
by Commissioners under agenda item discussions or Matters from the Traffic Commission. At
the March 27, 2025 Traffic Commission meeting, during the verbal report by the Los Angeles
Sheriff's Department (LASD), conversation ensued regarding parking within easements
specific to potential issues or concerns on major evacuation routes (Portuguese Bend Road,
Eastfield Drive and Crest Road) and questions as to whether the LASD issues citations for
parked vehicles, per the Rolling Hills Municipal Code (RHMC), between 2am and 4am.
As a result of the discussion between the LASD Deputy and Commissioners (Attachment A),
LASD conducted proactive parking enforcement and issued parking citations along a variety of
streets within Rolling Hills on April 9, 2025 between 2am and 4am. Staff was subsequently
informed by residents expressing discontent with the ticketing and existing policy.
DISCUSSION:
Considering the expressed concerns specific to public safety, staff is bringing this item
formally for discussion and/or direction as to whether the Traffic Commission would like to
recommend potential changes to the existing Municipal Code (Attachment B) regarding:
Parking within easements along major evacuation routes
Parking within easements along narrow roads
All-night parking
Los Angeles County Fire and Sheriff Department representatives will be in attendance at the
meeting to answer any potential questions.
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FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file. Provide direction to staff or continue the item to July when Vice Chair Bobit
returns.
ATTACHMENTS:
Attachment A - CL_AGN_250327_Item9A_DiscussionSummary.pdf
RHMC_10.52_StoppingStanding&Parking.pdf
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Summary of March 27, 2025 Traffic Commission discussion during the
Presentation of Traffic Stats by Los Angeles Sheriff’s Department
• Around the 7:40 mark – Vice Chair Bobit asked about whether parking citations were
ever issued as he sees parking for extended periods of time along major routes
and expressed concern about possible issues in the event of a potential evacuation.
• Around the 8:34 mark – Deputy Lopez-Beltran noted that she could let the early
morning shift know to give out citations during the 2am-4am window and maybe that
would help out.
• Around the 8:58 mark – Vice Chair Bobit reiterated his intent was “on the major
routes… doesn’t mean going on every little street” that it might be helpful.
• Around the 9:10 mark – Chair Wilson noted that he believed Deputies only responded
if it was complaint driven, but he could be wrong. He assumed there was no reason a
ticket could not be administered.
• Around the 9:30 mark – Deputy Lopez-Beltran noted that in the past the LASD had
received emails specific to overnight parking. But they had not received anything
recently. She further stated that deputies could patrol.
• Around the 9:59 mark – Vice Chair Bobit noted that it wouldn’t be high-priority, but if
they were coming through to keep an eye out.
• Around the 10:25 mark – Staff notes that previous conversations had been had by the
commission related to overnight parking and that the Commission could have a broader
discussion around parking at a future meeting with a safety nexus built in.
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Title 10 - VEHICLES AND TRAFFIC
Chapter 10.52 STOPPING, STANDING AND PARKING
Rolling Hills, California, Code of Ordinances Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 1 of 8
Chapter 10.52 STOPPING, STANDING AND PARKING 1
Sections:
10.52.010 Applicability of regulations.
The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or
at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or
in compliance with the directions of a Deputy Sheriff or official traffic control.
(Ord. 261 § 1(part), 1996).
10.52.020 Stop sign erection.
Whenever any ordinance or resolution of the City designates and describes any road or portion thereof as a
through road, or any intersection at which vehicles are required to stop at one or more entrances thereto, the City
Manager shall erect and maintain stop signs. A stop sign shall be erected on each and every road intersecting such
through road or portion thereof so designated and at those entrances to other intersections where a stop is
required. Every such sign shall conform with, and shall be placed as provided in, the California Vehicle Code.
(Ord. 261 § 1(part), 1996).
10.52.030 Through roads and intersections.
Those roads and parts of roads established by resolution of the Council are through roads for the purposes of
this title. The provisions of this title shall also apply at one or more entrances to the intersections as such are
established by resolution of the Council.
(Ord. 261 § 1(part), 1996).
10.52.040 Emerging from driveway.
The driver of a vehicle emerging from a driveway shall stop such vehicle immediately prior to driving into the
bermed area extending across such driveway.
(Ord. 261 § 1(part), 1996).
10.52.050 Stops required at stop signs.
A. The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, or railroad
grade crossing shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side
of the intersection.
1 Prior history: Ords. 116 and 138.
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 2 of 8
If there is no limit line or crosswalk, the drive shall stop at the entrance to the intersecting roadway or
railroad grade crossing.
B. The City Manager may, with the review of the Traffic Commission and the approval of the City Council,
provide for the placement of a stop sign at any location on a road where the stop sign would enhance traffic
safety.
(Ord. 261 § 1(part), 1996).
10.52.060 Stop for school bus.
A. The driver of any vehicle, upon meeting or overtaking, from either direction, any school bus equipped with
signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and
displays a flashing red light signal and stop signal arm if equipped with a stop signal arm, visible from front or
rear, shall bring the vehicle to a stop immediately before passing the school bus and shall not proceed past
the school bus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease
operation.
B. The driver of a vehicle upon a road with separate roadways need not stop upon meeting or passing a school
bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school
bus when the school bus is stopped at an intersection where traffic is controlled by a traffic officer or official
traffic control signal, or when the school bus is stopped at a place where traffic is controlled by a traffic
officer or official traffic control signal.
C. 1. If a vehicle was observed overtaking a school bus in violation of subsection A of this section, and the driver of
the school bus witnessed the violation, the driver may, within twenty-four hours, report the violation and
furnish the vehicle license plate number and description and the time and place of the violation to the
Sheriff's Department. The Sheriff's Department shall issue a letter of warning prepared in accordance with
subdivision (2) of this subsection with respect to the alleged violation to the registered owner of the vehicle.
The issuance of a warning letter under this subdivision shall not be entered on the driving record of the
person to whom it is issued, but does not preclude the imposition of any other applicable penalty.
2. The Attorney General shall prepare and furnish to every law enforcement agency in the state a form
letter for purposes of subdivision (1) of this subsection, and the Sheriff's Department may issue those
letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to
any law enforcement agency that requests a copy of the form letter to recover the costs of preparing
and providing that copy.
D. This section also applies to a roadway upon private property.
(Ord. 261 § 1(part), 1996).
10.52.070 Temporary parking signs.
Whenever the City Manager shall determine that unusual traffic congestion is likely to result from the
holding of public or private assemblages, gatherings or functions, or for other reasons, the City Manager shall have
the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or
standing of vehicles is prohibited on such roads as the City Manager shall direct, during the time such temporary
signs are in place. Such signs shall remain in place only during the existence of such assemblages, gatherings or
functions, and the City Manager shall cause such signs to be removed promptly thereafter. When signs authorized
by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any
vehicle contrary to the directions and provisions of such signs.
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 3 of 8
(Ord. 261 § 1(part), 1996).
10.52.080 Parking adjacent to schools.
The City Manager is authorized to erect signs indicating no parking upon that side of any road adjacent to
any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
When official signs are erected prohibiting parking upon that side of a road adjacent to any school property, no
person shall park a vehicle in any such designated place.
(Ord. 261 § 1(part), 1996).
10.52.090 Parking on narrow roads.
The City Manager is authorized to place signs or markings indicating no parking upon any road when the
width of the roadway does not exceed twenty feet or upon one side of a road as indicated by such markings when
the width of the roadway does not exceed thirty feet. When official signs or markings prohibiting parking are
erected upon narrow roads as authorized herein, no person shall park a vehicle upon any such road in violation of
any such sign or marking.
(Ord. 261 § 1(part), 1996).
10.52.100 Parking in intersection prohibited.
No person shall park, stop or leave standing any vehicle, whether attended or unattended, within an
intersection, except when necessary to avoid conflict with other traffic or in compliance with the directions of a
Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
10.52.110 Parking in crosswalk prohibited.
No person shall stop, park or leave standing any vehicle; whether attended or unattended, within a
crosswalk, except when necessary to avoid conflict with other traffic or in compliance with the directions of a
Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
10.52.120 Parking near fire station prohibited.
No person shall stop, park or leave standing any vehicle whether attended or unattended within fifteen feet
of the driveway entrance to any fire station, except when necessary to avoid conflict with other traffic or in
compliance to the directions of a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 4 of 8
10.52.130 Hazardous parking prohibited.
No person shall stop, park or leave standing any vehicle, whether attended or unattended, which, when so
stopped or parked, constitutes a hazard to other traffic, except when necessary to avoid conflict with other traffic
or in compliance to the directions of a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
10.52.140 Parking on equestrian path prohibited.
No person shall stop, park or leave standing any vehicle; whether attended or unattended, upon any bridle
trail or equestrian path so as to cause equestrians to use the road instead of such trail or path.
(Ord. 261 § 1(part), 1996).
10.52.150 Parking near fire hydrant prohibited.
No person shall stop, park or leave standing any vehicle within fifteen feet of a fire hydrant except as follows:
A. If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately
move such vehicle in case of necessity;
B. If the City Council adopts an ordinance or resolution reducing that distance. If the distance is less than
ten feet total length when measured along the curb or edge of the road, the distance shall be indicated
by signs or markings;
C. If the ve hicle is owned or operated by a fire department and is clearly marked as a fire department
vehicle.
(Ord. 261 § 1(part), 1996).
10.52.160 Setting brakes and stopping motor required when parking.
A. No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any road
unattended without first effectively setting the brakes thereon and stopping the motor thereof.
B. No person in control of, or in charge of, any vehicle, other than a motor vehicle, shall permit it to stand on
any road without first effectively setting the brakes thereon, or blocking the wheels thereof, to effectively
prevent the movement of the vehicle.
(Ord. 261 § 1(part), 1996).
10.52.170 Leaving person locked in vehicle prohibited.
No person shall leave standing a locked vehicle in which there is any person who cannot readily escape
therefrom.
(Ord. 261 § 1(part), 1996).
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(Supp. No. 29, Update 1)
Page 5 of 8
10.52.180 Opening doors of vehicle.
No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe
to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door
open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or
unload passengers.
(Ord. 261 § 1(part), 1996).
10.52.190 Parking near posted areas prohibited.
No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any road or
in an area adjacent to and within fifteen feet of the road which is posted with official signs prohibiting such
parking, stopping or standing, except on the property of the owner or driver of the vehicle.
(Ord. 261 § 1(part), 1996).
10.52.200 Blocking wheels required when.
No person driving, or in control of or in charge of a motor vehicle shall permit it to stand on any road
unattended when upon any grade exceeding three percent without blocking the wheels of the vehicle by turning
them against the curb or by other means.
(Ord. 261 § 1(part), 1996).
10.52.210 All-night parking prohibited.
No person shall stop, stand or park a vehicle on any road for a period of time longer than one hour between
the hours of two a.m. and four a.m. of any day, except authorized emergency vehicles and the vehicle of any
regularly licensed physician when engaged in making professional calls.
(Ord. 261 § 1(part), 1996).
10.52.220 Blocking driveway prohibited.
No person shall stop, park or leave standing any vehicle, whether attended or unattended, in front of a
public or private driveway, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
10.52.230 Parking near excavation prohibited when.
No person shall stop, park or leave standing any vehicle, whether attended or unattended, alongside or
opposite any street or road excavation or obstruction when such stopping, standing or parking would obstruct
traffic, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy
Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 6 of 8
10.52.240 Parking near traffic control devices prohibited.
No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within twenty
feet of a stop sign, official electric flashing device or any other official traffic control device or sign.
(Ord. 261 § 1(part), 1996).
10.52.250 Parking over seventy-two hours prohibited.
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any
road for more than a consecutive period of seventy-two hours.
(Ord. 261 § 1(part), 1996).
10.52.260 Parking for sale prohibited.
No person shall park any vehicle on any road for the principal purpose of advertising or displaying it for sale.
This section includes areas adjacent to and within fifteen feet of the roadway, except on the property of the owner
of the vehicle.
(Ord. 261 § 1(part), 1996).
10.52.270 Repairing vehicles on roads prohibited when.
No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be
greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any road in the City. Temporary
emergency repairs may be made upon a road.
(Ord. 261 § 1(part), 1996).
10.52.280 Washing vehicles on road for charge prohibited.
No person shall wash or cause to be washed, polish or cause to be polished, any vehicle or any part thereof
upon any road in this City, when a charge is made for such service.
(Ord. 261 § 1(part), 1996).
10.52.290 Vehicle removal—Traffic obstructions or hazards.
A Deputy Sheriff may remove a vehicle from a road when any vehicle is left standing upon a road in such a
position as to obstruct the normal movement of traffic or in such condition as to create a hazard to other traffic
upon the road.
(Ord. 261 § 1(part), 1996).
10.52.300 Vehicle removal—Blocking entrances.
A Deputy Sheriff may remove a vehicle from a road when it is left standing blocking any driveway, entrance
to a private road or bridle trail.
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 7 of 8
(Ord. 261 § 1(part), 1996).
10.52.310 Vehicle removal—Blocking fire hydrant.
A Deputy Sheriff may remove a vehicle from a road or adjacent area when such vehicle is left standing so as
to prevent access by fire fighting equipment to a fire hydrant.
(Ord. 261 § 1(part), 1996).
10.52.320 Vehicle removal—Incapacitated driver.
A Deputy Sheriff may remove a vehicle from a road when the person or persons in charge of such vehicle are
by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or
removal.
(Ord. 261 § 1(part), 1996).
10.52.330 Vehicle removal—Arrested driver.
Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, or Deputy Sheriff; or any regularly employed and salaried employee, who is engaged in directing traffic or
enforcing parking laws and regulations of the City may remove a vehicle located within the City: (1) when the
officer or Deputy Sheriff arrests any person driving or in control of a vehicle for an alleged offense and the officer
or Deputy Sheriff is, by this title or other law, required or permitted to take, and does take, the person into
custody; or (2) when an officer or Deputy Sheriff serves a notice of an order of suspension or revocation.
(Ord. 261 § 1(part), 1996).
10.52.340 Vehicle removal—Hit-and-run investigations.
A. When any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, or Deputy Sheriff, has reasonable cause to believe that a motor vehicle on a road or
on private property open to the general public onto which the public is explicitly or implicitly invited, located
within the City, has been involved in a hit-and-run accident, and the operator of the vehicle has failed to stop
and comply with the provisions of Chapter 10.20 of this title, the officer may remove the vehicle from the
road or from public or private property for the purpose of inspection.
B. Unless sooner released, the vehicle shall be released upon the expiration of forty-eight hours after such
removal from the road or private property upon demand of the owner. When determining the forty-eight-
hour period, weekends, and holidays shall not be included.
C. Notwithstanding subsection B of this section, when a motor vehicle to be inspected pursuant to subsection A
of this section is a commercial vehicle, any cargo within the vehicle may be removed or transferred to
another vehicle.
This section shall not be construed to authorize the removal of any vehicle from an enclosed structure on
private property which is not open to the general public.
(Ord. 261 § 1(part), 1996).
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)
Page 8 of 8
10.52.350 Vehicle removal—Over seventy-two hours.
A Deputy Sheriff may remove a vehicle from a road when such vehicle is left parked or standing for seventy-
two hours in violation of this title.
(Ord. 261 § 1(part), 1996).
10.52.360 Curb markings.
The City Manager is authorized to place the following berm (also known as "curb") markings and/or signs to
indicate parking or standing regulations. Such markings shall have the following meanings:
A. Red means no stopping, standing or parking at any time except as permitted by this title, and excepting
that a school bus may stop in a red zone marked or signed as a bus loading zone.
B. White means stopping for loading or unloading of passengers, or for depositing mail in an adjacent
mailbox.
C. Green means no standing or parking for a period of time longer than twenty minutes at any time
between the hours of eight a.m. and five p.m. of any day, excepting Sundays and holidays.
D. Blue means parking is limited exclusively to the vehicles of disabled persons and disabled veterans.
(Ord. 261 § 1(part), 1996).
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SEC. 80.72. PARKING PROHIBITED OR LIMITED ON CERTAIN STREETS ON RED FLAG ALERT DAYS.
(Added by Ord. No. 177,215, Eff. 2/8/06.)
(a) Whenever, with reference to any street or portion of a street in the City of Los Angeles’ Very High Fire Hazard Severity Zone, the
Fire Department determines that parking on one or both sides of the street would create a hazard to life or property by interfering with
emergency vehicle access and resident evacuation during a major brush fire, the Department of Transportation is hereby authorized to
install and maintain at that place signs giving notice that no person shall park a vehicle during a Red Flag Alert in the City of Los
Angeles. The Department of Transportation is further authorized to include notice, on any sign that prohibits the parking of vehicles on
Red Flag days, that vehicles parked in violation of the sign may be removed.
(b) It shall be unlawful, when authorized signs are in place giving notice, to park any vehicle on any of the streets or portions of streets
in the City’s Very High Fire Hazard Severity Zone in violation of the signs.
(c) Signs prohibiting parking installed pursuant to this section are only enforceable on Red Flag Alert days in the City of Los Angeles
as declared by the Mayor or the Mayor’s designee.
(d) The provisions of Section 88.01.1 of this chapter are not applicable to signs erected pursuant to this section.
Page 116 of 129
Page 117 of 129
An O cial Website of the City of Los Angeles
RED FLAG STATUS
Red Flag restrictions are NOT in effect
NOTE:In July 2025, the Red Flag website moved to this platform. Those already subscribed who do
not want to change their contact details do not need to take any action. Those wishing to update
their information will need to create a new account via the link HERE or at the top of the page.
How To Video:
LAFD: Red Flag Parking Restrictions Has a New HomeLAFD: Red Flag Parking Restrictions Has a New Home
City Services City Directory
RED FLAG PARKING
RESTRICTIONS
Sign up for notifications
Page 118 of 129
To protect lives and property during wild re conditions, the City of Los Angeles implemented
the Red Flag Parking Restrictions Program, active since January 1, 2006.
When a Red Flag Day is declared by the Los Angeles City Fire Department, parking is strictly
prohibited in posted areas within the Very High Fire Hazard Severity Zones.
These zones include narrow roads, sharp curves, hairpin turns, and key intersections, areas where
parked vehicles can block access for emergency responders and trap residents during evacuation.
More than 1,700 signs were installed by the Department of Transportation to clearly mark these
restricted areas. Illegally parked vehicles will be towed to ensure roadways remain clear for
emergency access.
View the Red Flag restricted parking areas map.
W H A T I S A R E D F L A G D AY ?
The City of Los Angeles declares a Red Flag Day when the weather conditions are such
that the potential for a fast-moving brush re is extremely high. The conditions are
de ned as wind speeds 25 mph or more and humidity 15% or less.
H O W O F T E N W I L L T H E R E B E R E D F L A G D A Y S ?
Over the past years, the maximum number of Red Flag days has been 12. The average
of Red Flag days per year is 4 to 7.
H O W W E R E T H E A R E A S I D E N T I F I E D ?
Fire Department Station Commanders were asked to survey their districts and identify
the areas that would create a problem for citizens while evacuating and for re
companies entering the area during a fast moving brush re. Station Commanders
were directed to identify narrow roads, tight curves, and critical intersections that
Page 119 of 129
would create choke points. The areas identi ed were reviewed by the Fire and
Transportation Departments to make sure the criteria for posting was accurate. Once
identi ed, the Department of Transportation took the role of posting signs.
W H Y I S T H E R E E N F O R C E M E N T O N LY D U R I N G R E D F L A G D AY S ?
The potential for a choke point being created is a daily concern in the identi ed areas,
but during a situation of mass exodus during a brush re event a choke point can trap,
hinder, or delay lifesaving efforts from rst responders.
H O W W I L L I K N O W I F T H E R E I S A R E D F L A G D E C L A R A T I O N ?
Residents can choose to receive push-noti cations (text, phone, email) via the
LAFD Red Flag Noti cation System
Residents can visit www.lafd.org to check the current status of the ag located in
www.lafd.org/red ag
Every local news outlet has agreed to broadcast during traf c, and weather
segments that the City of Los Angeles is in a Red Flag situation
Every re station will y a red ag during the declaration.
W H Y D O W E H E A R O N T H E R A D I O O R T E L E V I S I O N T H A T T H E R E
I S A R E D F L A G C O N D I T I O N Y E T T H E C I T Y O F L O S A N G E L E S I S
N O T E N F O R C I N G T H E P A R K I N G R E S T R I C T I O N S ?
Radio and Television weather reports are broadcast to a wider community than the
City of Los Angeles, and the information they share on “Red Flag Warnings” for
instance, may not apply to the areas served by Your LAFD. Visit www.lafd.org or contact
your local LAFD re station to determine if the Red Flag Parking Restrictions have
been enacted.
Page 120 of 129
H O W D O E S T H E R E D F L A G A L E R T S Y S T E M W O R K ?
When re weather conditions in the City of Los Angeles dictate that special parking
restrictions be enacted, Fire Department staff will activate the Red Flag Alert System.
The System will send a noti cation to all subscribers of the system via text, phone, or
email depending on the selections made during registration.
I S M Y C O N T A C T I N F O R M A T I O N S T O R E D I N T H E R E D F L A G
A L E R T S Y S T E M 'S D A T A B A S E ?
The Red Flag Alert System is an Opt-In System and as such does not store any
information other than that which was provided by the registrant.
W H A T P R E C A U T I O N S A R E T A K E N T O P R O T E C T P E R S O N A L
C O N T A C T I N F O R M A T I O N S T O R E D I N T H E S Y S T E M ? S T I L L
A C C U R A T E ?
Red Flag Alert System data is not shared, distributed, traded, leased, or loaned to any
private or public party. Access to the information stored is only accessible to a limited
number of members in the City of Los Angeles Fire Department.
H O W D O E S T H E R E D F L A G A L E R T S Y S T E M R E S P O N D T O B U S Y
S I G N A L S O R N O -A N S W E R S I T U A T I O N S ?
When the System encounters a busy signal, the system will attempt to deliver the
message to the secondary point of contact provided by the registrant; if one is
provided.
W I L L T H E R E D F L A G A L E R T S Y S T E M B E U S E D F O R
E M E R G E N C I E S ?
Page 121 of 129
The System is an Opt-In system; hence, it is considered incomplete for a resident
outreach campaign. As an advisory system, the System only provides important versus
critical information. During an established emergency the City, County, and other
government entities will coordinate to disseminate information through all available
communication channels.
I F I H A V E P R O V I D E D M O R E T H A N O N E P H O N E N U M B E R , W H A T
N U M B E R W I L L B E C A L L E D ? S T I L L A C C U R A T E ?
The System will call your primary number, if there is no answer the system will call your
secondary number if one is provided. The System is programmed to leave a message if
it encounters a recording device. Furthermore, the System will only make one attempt
per device.
W I L L T H E R E D F L A G A L E R T S Y S T E M C A L L N U M B E R S O U T S I D E
T H E C I T Y 'S A R E A C O D E S ?
Yes. The area code does not impact whether or not a call is made. In addition, the
program is aware that, from time to time, guests, visitors, and other entities can have
an extended visit to the City and as such we owe the same courtesy to all registrants.
W I L L T H E R E D F L A G A L E R T S Y S T E M W O R K I F I S C R E E N M Y
C O M M U N I C A T I O N ?
The System works with call screening devices but it is best practice to add the
communication information to your screening device. Failure to add the Red Flag Alert
System information may result in a failed delivery. In relation to E-mail's spam lters,
the System cannot circumvent such technology. To receive an prompt and accurate
message the System's E-mail address must be allowed to pass.
Page 122 of 129
I F I A M L I S T E N I N G T O A M E S S A G E L I V E , I S T H E R E A W AY T O
R E P E A T I T ?
The System is interactive. The registrant is given options on how to process the call. At a
given time during the call, the registrant is given an option to repeat the message or
terminate the call.
How do I change or delete the information I registered? The registrant may use the log
in feature in the System to change or delete contact information.
Page 123 of 129
J O I N L C A C O N T A C T U S
Red Flag
Days
In an attempt to increase public safety, the Los Angeles Fire Department and Department of Transportation
created a program to remove illegally parked vehicles in posted locations within the Very High Fire Hazard
Severity Zones. These are essentially the narrow streets in our canyon where it may be difficult to move a
high amount of traffic through. You will signs all over the neighborhood that look like this:
H o w D o I k n o w w he n i t ’s a R e d F l a g D a y ?
To determine if an LAFD red flag is in place, you can check lafd.org/redflag for the current status. While the
duration of each red flag lasts 24 hours, it may be renewed once that period is over, so it’s a good idea to
recheck the website or LAFD’s Twitter.
Page 124 of 129
Item: 14.A.
Meeting Date: 4/27/2026
To: City Council
From: Benjamin Johnson , Code Compliance Officer / Planning Technician
Thru: Karina Bañales, City Manager
Subject: Receive and file the Code Compliance Quarterly Report for the First Quarter of 2026
(January 1 - March 31)
Background:
The Code Compliance Division provides quarterly updates on cases, including dead vegetation and
other code violations. The attached reports summarize cases opened and closed during the first
quarter (January 1 through March 31), as well as a cumulative list of open cases.
Discussion:
During the first quarter of 2026, eight new code cases were opened, and all were closed (Attachment
A). Since the last quarterly update, the Code Compliance Officer has been managing four open cases
(Attachment B). When property owners remain unresponsive and fail to comply, cases are referred to
the City Attorney’s Office for further action. As a result, four cases have been assigned to the City
Attorney for review (Attachment C), bringing the total to eight active cases.
A total of eleven cases were closed during this quarter (Attachment D). As this reports the first quarter
of the year, the total number of cases closed year-to-date is equal to the number closed during the
quarter.
Fiscal Impact:
None.
Recommendation:
Receive and file.
Attachments:
1. Attachment A - CE_QRP_2026_FirstQuarter_260422_Q1_OpenedCases
2. Attachment B - CE_QRP_2026_FirstQuarter_260422_Q1_OpenCases_CURRENT
3. Attachment C - CE_QRP_2026_FirstQuarter_260422_CityAttorney
4. Attachment D - CE_QRP_2026_FirstQuarter_260422_ClosedCases_2026_ALL
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City of Rolling Hills
Opened Cases
First Quarter Update
Case # Case Date Case Status Address of Violation Description Notes
478 3/9/2026 Closed 1 Morgan Ln. Long-term parking in the
easement
Closed 3/15/2026
477 2/23/2026 Closed 20 Buggy Whip Dr. Dead pine tree Closed 4/3/2026
475 2/9/2026 Closed 1 Lower Blackwater Canyon Rd. Persistent dog barking Closed 3/2/2026
471 1/20/2026 Closed 11 Buggy Whip Dr. Illegal planting (pine trees) Closed 3/10/2026
469 1/15/2026 Closed 5 Buggy Whip Dr. Aggressive dog Closed 1/20/2026
470 1/12/2026 Closed 9 Buggy Whip Dr. Unpermitted construction Closed 1/20/2026
474 1/6/2026 Closed 67 Saddleback Rd. Dead green waste Closed 2/10/2026
473 1/6/2026 Closed 64 Saddleback Rd. Dead green waste Closed 1/23/2026
Total: 8
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City of Rolling Hills
All Open Cases
First Quarter Update
Case # Case Date Case Status Address of Violation Description Notes
467 11/26/25 Open 65 Portuguese Bend Rd. Property in disrepair Drafting 2nd NOV due to lack of progress.
476 10/29/2025 Open Unknown Aggressive dog Aggressive dog, owner unknown
472 10/24/25 Open 6 Possum Ridge Rd. Aggressive dog Homeowner to possibly install electric fence.
401 1/14/2025 Open 8 Quail Ridge Rd. North Unpermitted Construction Working with property owner on
calculations for legalization.
Total: 4
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City of Rolling Hills
City Attorney Cases
First Quarter Update
Case # Case Date Case Status Address of Violation Description Notes
465 8/21/2025 City Attorney 6 Saddleback Rd. Dilapidated fence and portable
toiler
Working with City Attorney to begin
abatement proceedings.
453 5/1/25 City Attorney 6 Running Brand Rd. Attractive nuisance Held meeting with GMED on site to discuss
feasibility of repairs.
443 2/27/25 City Attorney 77 Portuguese Bend Rd. Dried & overgrown vegetation Owners have made clean-up progress; City
Staff are working to schedule an inspection
& discuss further clean-up efforts.
407 5/28/24 City Attorney 10 Flying Mane Rd. Illegal grading & retaining walls Code Compliance Officer is working to
schedule a meeting with the homeowners
to discuss legalization efforts.
Total: 4
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City of Rolling Hills
All Closed Cases
First Quarter Update
Case # Case Date Case Status Address of Violation Description Notes
478 3/9/2026 Closed 1 Morgan Ln. Long-term parking in the
easement
Closed 3/15/2026
477 2/23/2026 Closed 20 Buggy Whip Dr. Dead pine tree Closed 4/3/2026
475 2/9/2026 Closed 1 Lower Blackwater Canyon
Rd.
Persistent dog barking Closed 3/2/2026
471 1/20/2026 Closed 11 Buggy Whip Dr. Illegal planting (pine trees) Closed 3/10/2026
469 1/15/2026 Closed 5 Buggy Whip Dr. Aggressive dog Closed 1/20/2026
470 1/12/2026 Closed 9 Buggy Whip Dr. Unpermitted construction Closed 1/20/2026
474 1/6/2026 Closed 67 Saddleback Rd. Dead green waste Closed 2/10/2026
473 1/6/2026 Closed 64 Saddleback Rd. Dead green waste Closed 1/23/2026
452 4/22/2025 Closed 2 Crest Rd. East Dead tree Closed 1/4/2026
421 8/27/2024 Closed 7 Portuguese Bend Rd. Unpermitted storage container Closed 3/10/2026
367 7/13/2023 Closed 79 Eastfield Dr. Unfinished construction Closed 2/19/2026
Total: 11
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