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2022-06-27_CC_AgendaPacket1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 5.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. 6.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. 7.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. 7.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 27, 2022 RECOMMENDATION: Approve. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, June 27, 2022 CITY OF ROLLING HILLS 7:00 PM The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. Both the agenda and the live-streamed video can be found here: https://www.rolling-hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published. Recordings to City Council meetings can be found here: https://www.rolling- hills.org/government/agenda/index.php Next Resolution No. 1303 Next Ordinance No. 376 1 7.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 7.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 23, 2022 RECOMMENDATION: Approve as presented. 7.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 7.E.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY 2022. RECOMMENDATION: Receive and file. 7.F.RECEIVE AND FILE 2022-23 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES FORM 575 SERVICE LEVEL AUTHORIZATION RECOMMENDATION: Receive and file. 7.G.ADOPT RESOLUTION NO. 1297 UPDATING THE CONSOLIDATED TAX AND FEE SCHEDULE TO INCREASE THE COMMITTEE ON TREES AND VIEWS PROCESSING FEE FOR VIEW CASES RECOMMENDATION: Approve as presented. 7.H.ADOPT RESOLUTION NO. 1302 PERMITTING THE USE OF A ROLLING HILLS COMMUNITY ASSOCIATION VEHICLE WITH AMBER LIGHTS; AND REQUIRE THE ROLLING HILLS COMMUNITY ASSOCIATION TO INSTALL SIGNAGE PER THE RECOMMENDATIONS OF THE CITY'S TRAFFIC ENGINEER RECOMMENDATION: Approve as presented. 7.I.AMENDED AGREEMENT WITH MCGOWAN CONSULTING FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE RECOMMENDATION: Approve as presented. CL_AGN_220627_CC_AffidavitofPosting.pdf CL_MIN_220523_CC_F.pdf CL_AGN_220613_PaymentOfBills_E.pdf CL_AGN_220627_PaymentOfBills.Temp.pdf CL_AGN_220627_Rolling Hills YTD Tonnage Report.pdf CA_AGR_220602_LACoSheriff_575Form_FY22-23.pdf ResolutionNo1297_FeeSchedule_FY22-23_CTV_Update.pdf CL_AGN_220414_RHCA_VehicleCode_RequestLetter.pdf CL_AGN_220613_RHCA_AmberLight_TE_Memo.pdf ResolutionNo1302_RHCA_AmberLights.pdf RH-MS4-ProposalLetter-FY2223(2022-06-01).pdf RH-MS4_SOS_FY2022-23(Final).pdf CA_AGR_220613_McGowan_Amend05.pdf MCGOWAN CONSULTING LLC, Agrmnt_ 2015-18_Signed.pdf McGowan 1stAmendment 2018-2020 SIGNED.pdf Second Amendment McGowan Agreement 4-17-19.pdf 3rd Agreement McGowan Consulting LLC Agreement 2020_07_29.pdf 2 7.J.APPROVE ROLLING HILLS COMMUNITY ASSOCIATION'S APPLICATION TO LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH FOR REPLACEMENT OF SEPTIC TANK SERVING THE MAIN GATE AND AUTHORIZE CITY MANAGER TO SIGN. RECOMMENDATION: Approve as presented. 8.EXCLUDED CONSENT CALENDAR ITEMS 9.COMMISSION ITEMS 9.A.ZONING CASE 21-16: REQUEST FOR APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RETAINING WALL; CONDITIONAL USE PERMIT FOR A RECREATIONAL GAME COURT; AND VARIANCE TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE FOR A PROPERTY LOCATED AT 18 EASTFIELD DRIVE (LOT 69-A-EF) (RICH) RECOMMENDATION: Receive and file. 9.B.ZONING CASE NO. 22-20: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A 1,583-SQUARE-FOOT ADDITION AND REMODEL TO AN EXISTING RESIDENCE, MAXIMUM FIVE-FOOT-HIGH RETAINING WALLS, GRADING, AND OTHER IMPROVEMENTS; AND VARIANCES TO CONSTRUCT IN THE FRONT YARD SETBACK AND FOR A FIVE-FOOT-HIGH RETAINING WALL TO BE CONSTRUCTED IN THE SETBACK AREA FOR A PROPERTY LOCATED AT 16 SOUTHFIELD DRIVE (LOT 33-SF), ROLLING HILLS, CA (BURGOYNE) RECOMMENDATION: Receive and file. 10.OLD BUSINESS 11.NEW BUSINESS 11.A.CONSIDER AND APPROVE AMENDING SEWER STUDY TO PHASE THE CONSTRUCTION OF THE 8" SEWER MAIN PROJECT RECOMMENDATION: Approve the additional services request from Willdan and direct staff to prepare an amendment to the service agreement with Willdan in the amount PSA 4th Amendment signed 06.29.2021.pdf PW_CHC_220608_TC_RHCA_Septic_LACoDPH_App_rev.pdf PW_CHC_220607_TC_RHCA_Septic_GeoTech.pdf Vicinity Map - 18 Eastfield Dr.pdf Development Table (ZC 21-16).pdf Email from Sam Galletti 050922.pdf RICH RESIDENCE - FINAL SUBMITTAL FOR PLANNING - reduced.pdf Previously Approved Resolutions - 18 Eastfield Dr.pdf 2022-05_PC_Resolution_18EastfieldDr_ZC 21-16_E.pdf Vicinity Map - 16 Southfield Dr.pdf 16 Southfield Vicinity Map.pdf Development Table (ZC 22-20).pdf 16 Southfield Drive_Combined Plan Set_2022.05.11(reduced).pdf 2022-06_PC_Resolution_16Southfield_ZC 22-20_E.pdf 3 of $9,010. 11.B.APPROVE CONTRACT RENEWAL WITH GRANICUS FOR SUBSCRIPTION TO AGENDA MANAGEMENT, MINUTES, AND UPGRADED LIVECAST HARDWARE/SOFTWARE PROGRAMS; AUTHORIZE THE CITY ATTORNEY TO FINALIZE THE AGREEMENT AND THE CITY MANGER TO SIGN R E C O M M E N D AT I O N : Approve as presented and/or provide direction regarding additive services. 11.C.CONSIDERATION OF RENEWAL FOR FY 2022/23 SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) REGIONAL PLANNER SPECIAL ASSESSMENT RECOMMENDATION: Provide direction to staff. 11.D.APPROVE AND AUTHORIZE CITY MANAGER TO SUBMIT THE SEPULVEDA CANYON CONTINUOUS FLOW MONITORING TECHNICAL MEMORANDUM AND REVISED SUBSECTION 3.5.2 RECOMMENDATION: Approve as presented. 12.PUBLIC HEARINGS 12.A.PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1300 ADOPTING THE 2022/2023 FISCAL YEAR BUDGET AND RESOLUTION NO. 1301 ESTABLISHING THE ANNUAL APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS. R E C O M M E N D ATI O N : Upon the conclusion of the public hearing, staff recommends that the City Council adopt the Fiscal Year 2022-2023 Budget for all the City’s Funds and the Annual Appropriations Limit. P22-158_23401 RH_Phase II_ Sewer Area Study Supplement.pdf CA_AGR_220606_AttachmentA_Peak_GovMtgLiveCast_3yr_Renewal_Proposal_F.pdf CA_AGR_220623_Granicus_2022-25.pdf CL_AGN_220613_SBCCOG_22-23_Assessment_RegionalPlanner.pdf Sepulveda Canyon Continuous Flow Technical Memorandum_Final.pdf PVP_EWMP_Sec_3.5.2(Final)redline.pdf PVP_EWMP_Sec_3.5.2(Final).pdf CL_AGN_220613_General Fund Revenues.pdf CL_AGN_220613_General Fund Expenditures.pdf CL_AGN_220613_One-Time Costs.pdf CL_AGN_220613_Balancing Measures.pdf CL_AGN_220613_GF Sources and Uses of Funds.pdf CL_AGN_220613_Other Funds.pdf ResolutionNo1300_FY2022-23_AdoptedBudget.pdf ResolutionNo1301_FY2022-23_AppropLimit.pdf CL_AGN_220613_CC_Item12A_PublicComment_01.pdf CL_AGN_220613_CC_Item12A_PublicComment_02.pdf CL_AGN_220627_CC_Budget_StaffPresentation.pdf 4 13.MATTERS FROM THE CITY COUNCIL 13.A.REQUEST FOR ACTION ON SB1186 (WIENER) MEDICINAL CANNABIS PATIENTS RIGHT OF ACCESS ACT (DIERINGER) RECOMMENDATION: Provide direction to staff. 13.B.DISCUSSION REGARDING LOS ANGELES COUNTY SANITATION DISTRICT LABOR AGREEMENT (WILSON) RECOMMENDATION: Provide direction to staff. 14.MATTERS FROM STAFF 14.A.UPDATE ON EIS REGISTRATION EFFORTS RECOMMENDATION: Receive and file. 14.B.CONSIDERATION OF SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) REQUEST FOR SUPPORT REGARDING STATE BUDGET REQUEST RECOMMENDATION: Consider and provide direction to staff. 15.RECESS TO CLOSED SESSION 16.RECONVENE TO OPEN SESSION 17.ADJOURNMENT Next regular meeting: Monday, July 11, 2022 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. CL_AGN_220613_CC_SB1186.pdf CL_AGN_220613_CC_SB1186_AsAmends.pdf CL_AGN_220613_CC_SB1186_SenateFloorAnalyses.pdf CL_AGN_220613_SanitationDistrict.pdf CL_AGN_220613_SBCCOG_StateBudgetRequest.pdf Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 5 Agenda Item No.: 7.A Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 27, 2022 DATE:June 27, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_220627_CC_AffidavitofPosting.pdf 6 Administrative Report 7.A., File # 1265 Meeting Date: 06/27/2022 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 27, 2022 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/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time June 27, 2022 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: June 24 , 2022 7 Agenda Item No.: 7.B Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA DATE:June 27, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 8 Agenda Item No.: 7.C Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 23, 2022 DATE:June 27, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_220523_CC_F.pdf 9 MINUTES – CITY COUNCIL MEETING Monday, May 23, 2022 Page 1 Minutes Rolling Hills City Council Mon day, May 23, 2022 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 7:02 p.m. Mayor James Black presiding. 2. ROLL CALL Councilmembers Present: Dieringer, Pieper, Mirsch, Mayor Pro Tem Wilson, Mayor Black Councilmembers Absent: None Staff Present: Elaine Jeng, City Manager Jane Abzug, City Attorney John Signo, Planning & Community Services Director Christian Horvath, City Clerk / Executive Assistant to the City Manager Robert Samario, Finance Director Vanessa Hevener, Senior Management Analyst 3. PLEDGE OF ALLEGIANCE – Councilmember Pieper 4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Councilmember Pieper, seconded by Councilmember Dieringer to receive and file supplemental items for 7C, 11A and 12B. Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None 6. PUBLI C COMMENT ON NON-AGENDA ITEMS Public Comment: Alfred Visco, Jim Aichele City Manager Jeng introduced Vanessa Hevener as the new Senior Management Analyst 7. CONSENT CALENDAR 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF MAY 23, 2022 7.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA 7.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 9, 2022 7.D. PAYMENT OF BILLS 10 MINUTES – CITY COUNCIL MEETING Monday, May 23, 2022 Page 2 7.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR APRIL 2022 7.F. PULLED BY COUNCILMEMBER MIRSCH 7.G. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BOLTON ENGINEERING CORPORATION TO PERFORM A TOPOGRAPHIC SURVEY AT THE CITY HALL CAMPUS TO SUPPORT THE IMPROVEMENTS REQUESTED BY THE NEEDS OF SENIOR COMMITTEE 7.H. PENINSULA EMERGENCY WATE RSHED MANAGEMENT PROJECT (EWMP) RESPONSE TO REGIONAL BOARD COMMENTS 7.I. PULLED BY COUNCILMEMBER DIERINGER 7.J. PULLED BY COUNCILMEMBER DIERINGER 7.K. ADOPT RESOLUTION NO. 1299 ACCEPTING CALRECYCLE SB1383 GRANT 7.L. REPORT BY BUDGET/AUDIT/FINANCE COMMITTEE ON MEETING HELD ON MAY 9, 2022 7.M. ADOPT RESOLUTION NO. 1298 MEMORIALIZING A REDUCTION IN THE SELFINSURANCE FUND RESERVES FROM $500,000 TO $250,000 7.N. UPDATE ON RESTRICTED TRANSPORTATION FUND PROJECTS Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve Consent Calendar excluding Items 7F, 7 I and 7J. Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None 8. EXCLUDED CONSENT CALENDAR ITEMS 7.I. APPROVE ROLLING HILLS COMMUNITY ASSOCIATION'S APPLICATION TO LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH FOR REPLACEMENT OF SEPTIC TANK SERVING THE MAIN GATE AND AUTHORIZE CITY MANAGER TO SIGN City Attorney Abzug recommended bringing this item back to allow time for further review of the maintenance agreement within the application to understand any city obligations. Mayor Black directed staff to hold the item, ascertain if the City Attorney found the agreement acceptable and if so return for approval at the June 13, 2022 City Council meeting. Without objection, so ordered. 7.J. ACCEPT EMERGENCY STORM DRAIN REPAIR AT 1 MIDDLERIDGE LANE NORTH AS COMPLETE, FILE NOTICE OF COMPLETION, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO EC CONSTRUCTION Motion by Councilmember Pieper, seconded by Mayor Pro Tem Wilson to approve as presented. Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None 11 MINUTES – CITY COUNCIL MEETING Monday, May 23, 2022 Page 3 7.F. APPROVE COUNTY OF LOS ANG ELES DEPARTMENT OF AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES FY 2022/2023 PEST CONTROL AGREEMENT NO. 779 FOR PEST CONTROL SERVICES Motion by Councilmember Mirsch, seconded by Councilmember Pieper to approve contract as presented. Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None 9. COMMISSION ITEMS – NONE 10. MATTERS FROM THE CITY COUNCIL 10.A. DISCUSS 2022 SCE RELIABILITY REPORT AND WILDFIRE DETECTION CAMERAS ON THE PENINSULA (DIERINGER) Presentation by Southern California Edison representatives: Robert Steins, Senior Advisor; Robert Brambila, Southbay District Manager; Jae Lee, Performance and Resource Supervisor, Southbay District; Ajay Singh, Operations Senior Supervisor, Southbay District; Connie Turner, Government Relations Manager Mayor Black moved to Item 11A. Without objection, so ordered. 11. BUDGET WORKSHOP 11.A. CITY COUNCIL FISCAL YEAR 2022-23 BUDGET WORKSHOP Presentation by Robert Samario, Finance Director Public Comment: Arlene Honbo Mayor Black direct ed staff to schedule a follow-up Finance/Budget/Audit Committee meeting for further evaluation, to identify potential savings, and discuss further cuts in the core budget that would bring it closer to balance, including potential one-time capital costs. Without objection, so ordered. Mayor Black moved back to Item 10B. Without objection, so ordered. 10. MATTERS FROM THE CITY COUNCIL 10.B. DISCUSS EXISTING CELLULAR SERVICE ISSUES (BLACK) Mayor Black expressed concerns about existing cellular service. Councilmember Pieper said he will bring this subject up with the RHCA subcommittee at their meeting next week. Mayor Black moved to Item 12A. Without objection, so ordered. 12. NEW BUSINESS 12.A. PRESENTATION OF EDUCATIONAL VIDEOS ON FIRE FUEL MANAGEMENT IN THE CANYON; RECOGNIZE LEAD BLOCK CAPTAIN GENE HONBO, BLOCK CAPTAIN DEBRA SHRAD ER, AND LOS ANGELES COUNTY FIRE DEPARTMENT FORESTRY DIVISION TREVOR MOORE 12 MINUTES – CITY COUNCIL MEETING Monday, May 23, 2022 Page 4 FOR THEIR LEADERSHIP IN COMPLETING THE PROJECT; AND DIRECT STAFF TO DISSEMINATE THE VIDEOS THROUGH THE BLOCK CAPTAIN PROGRAM Presentation by Elaine Jeng, City Manager Public Comment: Gene Honbo Councilmember Pieper requested to move to Item 13A. Without objection, so ordered by Mayor Black. 13. PUBLIC HEARINGS 13.A. SUBMITTAL OF "ADOPTION DRAFT" 2021-2029 ROLLING HILLS HOUSING ELEMENT TO HCD Presentation by Barry Miller, Consultant Motion by Councilmember Dieringer, seconded by Councilmember Pieper to authorize staff to submit the revised Draft Housing Element to HCD for their second review, along with the responses to HCD’s comments. Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None Mayor Black moved back to Item 12B. Without objection, so ordered. 12.B. APPROVE AMENDED PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP TO PREPARE A CEQA DOCUMENT FOR THE 6TH CYCLE HOUSING ELEMENT TO ADDRESS COMMENTS FROM THE DEPARTMENT OF FISH AND WILDLIFE Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Pieper, seconded by Councilmember Dieringer to authorize the preparation of a contract amendment approved to form by the City Attorney in a not to exceed amount of $60,000; and authorize the City Manager to execute such an agreement. Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None 12.C. ADOPT RESOLUTIONS NOS. 1295 AND 1296 PERTAINI NG TO A GENERAL MUNICIPAL ELECTION CONSOLID ATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 Presentation by Christian Horvath, City Clerk / Executive Assistant to the City Manager Motion by Councilmember Pieper, seconded by Councilmember Dieringer to Adopt Resolution Nos. 1295 and 1296 pertaining to the General Municipal Election to be held on November 8, 2022 as presented . Motion carried unanimously with the following vote: AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black NOES: None ABSENT: None 13 MINUTES – CITY COUNCIL MEETING Monday, May 23, 2022 Page 5 14. MATTERS FROM STAFF – NONE 15. RECESS TO CLOSED SESSION – NONE 16. RECONVENE TO OPEN SESSION – NONE 17. ADJOURNMENT : 9:45 P.M. The meeting was adjourned at 9:45 p.m on May 23, 2022. The next regular meeting of the City Council is scheduled to be held on Monday, June 13, 2022 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ James Black, M.D., Mayor 14 Agenda Item No.: 7.D Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PAYMENT OF BILLS DATE:June 27, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_220613_PaymentOfBills_E.pdf CL_AGN_220627_PaymentOfBills.Temp.pdf 15 16 17 18 Agenda Item No.: 7.E Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY 2022. DATE:June 27, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: CL_AGN_220627_Rolling Hills YTD Tonnage Report.pdf 19 Year 2022 Franchise Y/N Y Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Greenwaste 98.26 98.26 - 100.00% Trash 156.54 - 156.54 0.00% Jan Total 254.80 98.26 156.54 38.56% Feb Greenwaste 93.00 93.00 - 100.00% Trash 134.41 - 134.41 0.00% Feb Total 227.41 93.00 134.41 40.90% Mar Greenwaste 111.44 111.44 - 100.00% Trash 183.40 - 183.40 0.00% Mar Total 294.84 111.44 183.40 37.80% Apr Greenwaste 100.44 100.44 - 100.00% Trash 156.07 - 156.07 0.00% Apr Total 256.51 100.44 156.07 39.16% May Greenwaste 111.54 111.54 - 100.00% Trash 162.42 - 162.42 0.00% May Total 273.96 111.54 162.42 40.71% Grand Total 1,307.52 514.68 792.84 39.36% 514.68 CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2022 Contract Requires 30% Household - Page 1 of 2 20 Agenda Item No.: 7.F Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AND FILE 2022-23 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CONTRACT CITY LAW ENFORCEMENT SERVICES FORM 575 SERVICE LEVEL AUTHORIZATION DATE:June 27, 2022 BACKGROUND: The City of Rolling Hills contracts with the Los Angeles County Sheriff’s Department (LASD) for law enforcement services through a regional contract shared with Rolling Hills Estates, and Rancho Palos Verdes. In 2019, the City entered into another 5-year Service Agreement from 2019-2024. DISCUSSION: Annually, the city executes a 575 Form with the Lomita Sheriff's Station Unit Commander to memorialize the next fiscal year's contract obligations including supplemental services. FISCAL IMPACT: The estimate fiscal impact for FY 2022-23 is $386.492.92. RECOMMENDATION: Receive and file. ATTACHMENTS: CA_AGR_220602_LACoSheriff_575Form_FY22-23.pdf 21 22 23 24 25 26 Agenda Item No.: 7.G Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT RESOLUTION NO. 1297 UPDATING THE CONSOLIDATED TAX AND FEE SCHEDULE TO INCREASE THE COMMITTEE ON TREES AND VIEWS PROCESSING FEE FOR VIEW CASES DATE:June 27, 2022 BACKGROUND: For Fiscal Year 2022-2023, staff proposed the following change to the Consolidated Tax and Fee Schedule: A. View Impairment 1. Review by Committee on Trees and Views Processing fee $6,000 for complaints against one property. Review by Committee on Trees and Views Processing fee $10,000 for complaints against multiple properties. Chapter 17.26 of the Rolling Hills Municipal Code (RHMC) was adopted by Ordinance 354 on October 23, 2017. Since adoption, the first view case to be processed was the case between 59 and 61 Eastfield Drive. The case was filed in October 2020. The vegetation owner filed an appeal of the Committee on Trees and Views decision to the City Council and the City Council denied the appeal at the April 11, 2022 City Council meeting, bringing the case to a close. Staff, including the City Attorney's office, has worked on the case since the initial filing. Taking a snap shot of the City Attorney expenses relating to the 59 and 61 Eastfield Drive view case between May, 2021 and November, 2021, a total of $10,678 was paid by the city to the contracted attorney for services relating to the case. Currently, the Consolidated Tax and Fee Schedule allows the city to charge $2,000 for view impairment case to be reviewed by Committee on Trees and Views. The charge is purposed to recover city expenses relating to processing the case by staff and by contracted staff. Not taking into consideration staff time spent on the 59 and 61 Eastfield Drive case, and taking a very conservative inventory of the City Attorney's expenses relating to the case, the recovery on the case was 19% of the actual cost. 27 Additionally, according to the City Attorney's reading of RHMC Chapter 17.26.040, the city's current view preservation ordinance anticipates that one complaint might allege obstruction of "multiple views," which implies that views could conceivably be obstructed by vegetation on multiple owners' properties: RHMC Section 17.26.040(C)(1)(a) A view impairment complaint ... shall consist of ... [a] description of the nature and extent of the view, as well as of the alleged obstruction. If multiple views are identified, each must be disjointed and observable from a separate viewing area. Evidence of the views and alleged obstructions must be pertinent and may include, but is not limited to, documentary evidence, (as described by Section 17.26.050), dated photographs, or written declarations. The City Attorney noted that if the city's current fee resolution does not address a view preservation complaint alleging multiple views by multiple properties, the city is limited to collecting the one fee for the one complaint that includes allegations of multiple views obstructed by multiple properties. In order to avoid this situation, the city could consider amending its fee resolution to charge the higher cost of processing a view preservation complaint that alleges multiple views obstructed by multiple properties. This would help alleviate the concern that property owners will frivolously allege multiple views obstructed by multiple properties. DISCUSSION: At the May 9, 2022 City Council meeting, the City Council approved the staff recommendation of raising Committee on Trees and Views Processing fee to $6,000 for complaints against one property and $10,000 for complaints against multiple properties. The motion carried on a 3/2 vote with Mayor Black and Councilmember Pieper dissenting. FISCAL IMPACT: Fiscal impact depends on changes and level of activity for proposed fee increases. RECOMMENDATION: Approve as presented. ATTACHMENTS: ResolutionNo1297_FeeSchedule_FY22-23_CTV_Update.pdf 28 Resolution No. 1297 1 RESOLUTION NO. 1297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE ROLLING HILLS FEE RESOLUTION AND REPEALING RESOLUTION NO. 1278. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The following fees are established and charged for applications for processing discretionary cases for Planning, Zoning and Subdivisions and shall be paid by the applicant prior to submission for public hearing, pursuant to Title 16 (Subdivision) and Title 17 (Zoning) of the Rolling Hills Municipal Code: A. Site Plan Review $ 1,500 B. Conditional Use Permit $ 1,500 C. Variance $ 1,250 D. Variance, Minor $ 750 1. Minor deviation into required yard setback, not exceeding 5’ and attached to main residential structure E. Multiple discretionary reviews; Most expensive fee for the first review and 1/2 fee for second review. No cost for third or more reviews. F. Lighting Ordinance Modification $ 375 G. Outdoor Lighting Audit $ 150 (initiated by resident) H. Time extension $ 200 I. Zone Change $ 2,000 J. General Plan Amendment $ 2,000 K. Zoning/Subdivision Code Amendment $ 2,000 L Discretionary Approval Modification $ 2/3 of original application fee M. Appeal Fee $ 2/3 of original application fee N. City Council and Planning $ 375 Fee to be credited if Commission interpretation results in filing of a formal 29 Resolution No. 1297 2 and miscellaneous reviews application to City Council or Planning Commission O. Environmental Review fees for discretionary permits 1. Preparation and Staff Review $ 200 of Initial Study 2. Preparation of Negative $ 50 (plus fee charged by CA Declaration or Mitigated Department of Fish and Wildlife, Negative Declaration applicable, as adjusted annually) P. Environmental Impact Reports Consultant fee plus 10% Q. County Clerk Processing Fee County fee R. Lot Line Adjustment $ 1,500, plus County fee S. Tentative Parcel/Tract Map $ 1,500, plus County fee T. Final Parcel/Tract Map County fee U. Zoning violation and construction $ 1,500 penalty fee 1. Applications for illegal or “as built” grading or construction or non- compliance with approved plans for projects that require Planning Commission review. Fee is charged in addition to the discretionary application review fee. V. Stop work order $ 200 1. Fee charged for each additional “stop work order” that is issued beyond the original stop work order for illegal construction and grading activity. W. Service Request County fee, plus 20% (For services provided by L.A. County not included in the General Services Agreement) X. Appeal of Zone Clearance $ 375 Y. Stable Use Permit $ 375 (For stables under 800 sq ft considered by the Planning Commission) Z. Major Remodel Review $ 375 (For remodels of more than 50% demolition) 30 Resolution No. 1297 3 Section 2. The following fees are established and charged for applications for processing View Impairment, Traffic Commission, and Accessory Dwelling Unit cases: A. View Impairment 1. Review by Committee on Trees and Views Processing fee A. Complaint against single property $6,000 B. Complaint against multiple properties $10,000 2. Environmental Review Fees A. Preparation and Staff Review of Initial Study $ 200 B. Preparation of Negative Declaration or $ 50 Mitigated Negative Declaration (plus fee charged by CA Department of Fish and Wildlife, if applicable, as adjusted annually) B. Traffic Commission Review 1. New driveways or other traffic $ 300 related items C. Accessory Dwelling Unit 1. Accessory Dwelling Unit or $ 375 Junior Accessory Dwelling Unit Section 3. The following fees are established and charged for General Administration processing: A. General Plan $ 30 B. Zoning Code $ 25 C. Subdivision Code $ 25 D. Budget $ 30 E. Zoning Map $ 3 F. Xeroxed copies, each page $ 0.25 31 Resolution No. 1297 4 G. False Alarms Fee for 1st and 2nd incident involving a false alarm is waived If paid within 30 days If paid after 30 days 3rd false alarm $ 50 $100 4th false alarm $ 100 $300 5th false alarm $ 150 $600 6th false alarm $ 200 $1,000 Section 4. The following fees are established and shall be collected for each permit pursuant to Title 15, (Building and Construction) of the Rolling Hills Municipal Code: A. 1. BUILDING PERMIT Two and one-quarter times the amount set forth in the Building Code for each fee, table and schedule therein. 2. PARKS AND RECREATION Each new residential dwelling shall pay 2% of the first $ 100,000 of construction valuation, plus 0.25% of such valuation over $ 100,000. B. PLUMBING PERMIT Two and one-quarter times the amount set forth in the Plumbing Code for each fee, table and schedule therein. C. MECHANICAL PERMIT Two and one-quarter times the amount set forth in the Mechanical Code for each fee, table and schedule therein. D. ELECTRICAL PERMIT Two and one-quarter times the amount set forth in the Electrical Code for each fee, table and schedule therein. E. GEOTECHNICAL REPORT, 0.42% of the valuation of the proposed SITE AND PLAN REVIEW structures; however, minimum fee shall be $ 535.00 and the maximum fee shall be $ 3,588.00 F. SOLAR AND PHOTOVOLTAIC The amount set forth in the Los SYSTEMS AND APPURTENANT Angeles County Building and EQUIPMENT Electrical Codes for each fee, table and 32 Resolution No. 1297 5 schedule therein, plus $ 60.11 City administrative fee. Section 5. The following fees are established and shall be collected for each permit pursuant to Title 15, (Building and Construction) of the Rolling Hills Municipal Code for review conducted by the City’s contract building official, other than Los Angeles County Department of Building and Safety: A. BUILDING PERMIT In addition to the provisions of Section 4 A.1 of this resolution, a 25% surcharge on Los Angeles County Department of Building and Safety fees shall be charged for the alternative use of the City’s contract building official. B. PLUMBING PERMIT In addition to the provisions of Section 4 B. of this resolution, a 25% surcharge on Los Angeles County Department of Building and Safety fees shall be charged for the alternative use of the City’s contract building official. C. MECHANICAL PERMIT In addition to the provisions of Section 4 C. of this resolution, a 25% surcharge on Los Angeles County Department of Building and Safety fees shall be charged for the alternative use of the City’s contract building official. D. ELECTRICAL PERMIT In addition to the provisions of Section 4 D. of this resolution, a 25% surcharge on Los Angeles County Department of Building and Safety fees shall be charged for the alternative use of the City’s contract building official. E. GEOTECHNICAL REPORT, SITE AND PLAN REVIEW In addition to the provisions of Section 4 E. of this resolution, a 25% surcharge on Los Angeles County Department of Building and Safety fess shall be charged for the alternative use of the City’s contract building official. 33 Resolution No. 1297 6 F. SOLAR AND PHOTOVOLTAIC In addition to the provision of Section SYSTEMS AND APPURTENANT 4 F. of this resolution, a 25% surcharge EQUIPMENT on Los Angeles County Department of Building and Safety fees, plus $60.11 City administrative fee, shall be charged for the alternative use of the City’s contract building official. Section 6. The following fees are established and shall be collected for each permit relating to construction and demolition waste: A. CONSTRUCTION AND $ 150 single project permit, plus DEMOLITION PERMIT $1,000 deposit refundable upon submittal of a Certificate of Compliance. Section 7. The following fines are established for issuance of administrative citations relating to a violation of Chapter 9.58 of the Rolling Hills Municipal Code: Administrative Penalty for $ 2,500 1st violation violation of Chapter 9.58 $ 5,000 2nd violation within one year of the 1st violation $ 7,500 Each additional violation within one year of the 1st violation Section 8. The following fees are established and charged for processing landscaping submittals subject to the requirements of the Water Efficient Landscape Ordinance. Review of landscape submittal $1,500 (portion refunded if not spent; package and verification of compliance additional funds may be collected, if needed to complete the review); plus $5,000 deposit refundable upon submittal of a Certificate of Compliance. Section 9. The following fees are established and charged for processing utility pole removal reimbursement applications pursuant to City Council Resolution No. 1259. Review of utility pole removal reimbursement $100 application. Appeal of utility pole removal reimbursement $300 decision. 34 Resolution No. 1297 7 Section 10. The following fee is established and charged for processing wireless telecommunication facility applications: Application fee: $1,000 Section 11. Should the City accept payment of any fee identified in this resolution by means of credit card, an additional 3% surcharge on such fee shall be charged as a convenience fee for processing the payment. When City accepts payment by means of credit card, it shall also accept payment by means of cash or check. Section 12. The fees set forth do not exceed the estimated reasonable cost of providing such services. Section 13. The City Council Resolution No. 1278 is hereby repealed and superseded by this Resolution . PASSED, APPROVED, AND ADOPTED this 27th day of June, 2022. _________________________________ JAMES BLACK, M.D. MAYOR ATTEST: _________________________ CHRISTIAN HORVATH CITY CLERK 35 Resolution No. 1297 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 1297 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE ROLLING HILLS FEE RESOLUTION AND REPEALING RESOLUTION NO. 1278 was approved and adopted at a regular meeting of the City Council on the 27th day of June 2022 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. __________________________________ CHRISTIAN HORVATH CITY CLERK 36 Agenda Item No.: 7.H Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT RESOLUTION NO. 1302 PERMITTING THE USE OF A ROLLING HILLS COMMUNITY ASSOCIATION VEHICLE WITH AMBER LIGHTS; AND REQUIRE THE ROLLING HILLS COMMUNITY ASSOCIATION TO INSTALL SIGNAGE PER THE RECOMMENDATIONS OF THE CITY'S TRAFFIC ENGINEER DATE:June 27, 2022 BACKGROUND: In a letter dated April 14, 2022, the Rolling Hills Community Association (RHCA) Manager informed the city that the RHCA purchased a vehicle for the gate staff for RHCA business within the community. The RHCA Board of Directors was advised by RHCA legal counsel that for RHCA to install a rooftop amber colored light bar on the said vehicle, and to comply with the California Vehicle Code, the city needs to adopt a resolution stating, "Vehicle Code Section 25279 applies to all roads within Rolling Hills." California Vehicle Code Section 25279, under Division 12 Equipment of Vehicles and Chapter 2 Lighting Equipment states the following: (a) Vehicles owned and operated by private security agencies and utilized exclusively on privately owned and maintained roads to which this code is made applicable by local ordinance or resolution, may display flashing amber warning lights to the front, sides, or rear, while being operated in response to emergency calls for the immediate preservation of life or property. (b)(1) Vehicles owned by a private security agency and operated by personnel who are registered with the Department of Consumer Affairs under Article 3 (commencing with Section 7582) of Chapter 11.5 of Division 3 of the Business and Professional Code may be equipped with a flashing amber warning light system while the vehicle is operated on a highway, if the vehicle is in compliance with Section 27065 and is distinctively marked with the words "PRIVATE SECURITY" OR "SECURITY PATROL" on the rear and both sides of the vehicle in a size that is legible from a distance of not less than 50 feet. 37 (b)(2) The flashing amber warning light system authorized under paragraph (1) shall not be activated while the vehicle is on the highway, unless otherwise directed by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (c) A peace officer may order that the flashing amber warning light system of a vehicle that is found to be in violation of this section be immediately removed at the place of business of the vehicle's owner or a garage. (d) A flashing amber warning light system shall not be installed on a vehicle that has been found to be in violation of this section, unless written authorization is obtained from the Commission The City Council was presented two options at their May 9, 2022 meeting: 1. Asking the RHCA Board to apply the California Vehicle Code within the City and then allowing RHCA to display the amber lights pursuant to California Vehicle Code Section 25279; or 2. Adopting a resolution or ordinance allowing RHCA to use the amber lights and posting signs within the City. At the May 9, 2022 City Council meeting a motion was unanimously approved to follow the City Attorney’s suggested Option 2 authorizing the City Attorney to draft a resolution regulating RHCA’s use of a security vehicle with amber lights and provide input on the posting of signs to make the rule effective DISCUSSION: The City attorney has drafted a resolution as directed and the City Traffic Engineer has provided a memo agreeing with the recommendations and providing feedback on signage locations and size. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_220414_RHCA_VehicleCode_RequestLetter.pdf CL_AGN_220613_RHCA_AmberLight_TE_Memo.pdf ResolutionNo1302_RHCA_AmberLights.pdf 38 39 Memorandum TO: Elaine Jeng, PE, City Manager FROM: Vanessa Munoz, PE, TE, City Traffic Engineer DATE: June 6, 2022 SUBJECT: Adoption of California Vehicle Code Section 25279 This memorandum is in response to the request by the City to review the staff report dated May 9, 2022 regarding the Rolling Hills Community Association’s (RHCA) request to adopt the California vehicle code section 25279. It is my understanding the RHCA purchased a vehicle for use by the gate staff and the RHCA legal counsel advised them to install a rooftop amber colored light bar on the said vehicle, and to comply with the California vehicle code (CVC) Section 25279 by adopting a resolution stating it applies to all roads within Rolling Hills. I have reviewed the CVC Section 25279 and agree with the recommendation made for the gate vehicle and have no additional comments or concerns. To comply with CVC Section 25279 signs shall be installed at the entrance to the community at each gate. This provides adequate notification and complies with the CVC. The sign shall be 24 by 36 in size. 40 Resolution No. 1302 -1- RESOLUTION NO. 1302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE ROLLING HILLS COMMUNITY ASSOCIATION TO USE A PRIVATE SECURITY PATROL VEHICLE WITH AMBER LIGHTS RECITALS A. The City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and B. The City is comprised of private roads owned and maintained by the Rolling Hills Community Association; and C. California Vehicle Code Section 21107 authorizes the City to adopt rules and regulations by ordinance or resolution regulating vehicular traffic on privately owned and maintained roads; and D. The RHCA has informed the City that it has purchased a security patrol vehicle with an amber colored light bar for use by RHCA personnel for security purposes; and E. The City does not currently authorize operation of vehicles with amber colored light bars on vehicles within the City limits; and F. The City seeks to allow only personnel designated as private patrol operators by RHCA to use the security patrol vehicle with the amber colored light bar for security purposes. NOW, THEREFORE, the City Council of the City of Rolling Hills does hereby resolve, determine, find, and order as follows: Section 1. The City Council hereby authorizes personnel designated as private patrol operators by RHCA to display flashing amber warning lights on the front, rear, or sides of its security vehicle, subject to the following additional conditions: (1) the vehicle must be marked with the words “RHCA PRIVATE SECURITY PATROL” (2) the vehicle must be used exclusively on privately owned and maintained roads wi thin the boundaries of the City. (3) the amber warning lights may only be turned on in response to emergency calls to RHCA for the immediate preservation of life or property. 41 Resolution No. 1302 -2- Section 2. Upon the immediate approach of the RHCA Private Security Patrol vehicle which is flashing amber warning lights that is visible, under normal atmospheric conditions, from a distance of one thousand feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer or Deputy Sheriff, do the following: A. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the road, clear of any intersection, and thereupon shall stop and remain stopped until the authorized RHCA Private Security Patrol vehicle has passed. B. All pedestrians upon the road (including those riding bicycles, skateboards, roller skates or horses) shall proceed to the nearest curb or place of safety and remain there until the authorized RHCA Private Security Patrol vehicle has passed. Section 3. This Resolution shall be effective upon the City Manager posting signs at the Crest Gate, City Hall Gate, and Eastfield Gate giving notice of the operation of the RHCA private security patrol on privately owned and maintained roads within the boundaries of the City. PASSED, APPROVED, AND ADOPTED this 27th day of June, 2022. ______________________________ JAMES BLACK, MD MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 42 Resolution No. 1302 -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1302 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE ROLLING HILLS COMMUNITY ASSOCIATION TO USE A PRIVATE SECURITY PATROL VEHICLE WITH AMBER LIGHTS was approved and adopted at a regular meeting of the City Council on the 27th day of June, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ CHRISTIAN HORVATH CITY CLERK 43 Agenda Item No.: 7.I Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:AMENDED AGREEMENT WITH MCGOWAN CONSULTING FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE DATE:June 27, 2022 BACKGROUND: Kathleen McGowan has consulted for the City since 2003. She has familiarity and understanding of the City’s unique character and requirements and has been effective in negotiating on the City’s behalf with Regional Board staff. McGowan Consulting, LLC (McGowan) assists City staff not only in implementing the permit requirements, but also in coordinating and leveraging efforts being implemented by other consultants and contractors so that the City’s program and annual reports are comprehensive. McGowan provides valuable and needed professional resources and depth for meeting the broad requirements of the MS4 Permit. Moreover, continuing the contract with McGowan provides other important advantages. First, McGowan is very familiar with Rolling Hills’ unique characteristics. Second, McGowan continues to provide for cost sharing and economies of scale, as work products and time are shared among local clients who have similar characteristics and compliance requirements. Finally, McGowan is well regarded and recognized as knowledgeable, practical, responsive and effective in working with the RWQCB and City staff. McGowan was instrumental in negotiating on the City’s behalf for a modification to the permit requirements that allows the City to participate with the Peninsula agencies in a Coordinated Integrated Monitoring Program (CIMP) even though the City Council chose not to participate in the Peninsula Enhanced Watershed Management Program (EWMP). This allowed the City to reduce the cost of monitoring by participating in a joint monitoring effort rather than implementing these requirements individually. Over the past two years, McGowan has coordinated with the City’s contracted hydrology and monitoring consultant, NV5, to document the retention capacity of the Sepulveda Canyon drainage system. The research shows that the net effect of Rolling Hills’ low density planning 44 and land development standards combined with its extensive network of natural canyon drainage systems promotes stormwater retention and infiltration up to and including the runoff from the 85th%, 24-hr storm event. McGowan has used this data to prepare an addendum to the Palos Verdes Peninsula Watershed Management Program (WMP) that includes the City. Indications from the LA Water Board show they are inclined to accept the addendum and a final decision is pending. McGowan has also been coordinating with Torrance staff on including Rolling Hills in the Torrance Airport Stormwater Basin project, which may be needed if the addendum to the WMP is not approved. McGowan represents Rolling Hills in discussions with Peninsula agencies on stormwater issues. DISCUSSION: McGowan Consulting is proposing a cost of $65,000 plus a 10% contingency of $6,500 for a not to exceed amount of $71,500 for Fiscal Year 2022-2023. This is $27,595 lower than last year's proposal due to the fact that the revised EWMP to include the City is only a one-time cost. McGowan's scope of services is designed to assist the City in implementing its individual requirements under the Regional Permit including supporting the City in decision-mak ing and review of the Peninsula CIMP, cooperative implementation of the Peninsula WMP, planning and budgeting for expenditure of the City’s Municipal Safe Clean Water funds, and representing the City’s interests in nego tiations with the LA Water Board. This proposal has been prepared with the assumption that the City’s participation in the WMP as an 85th%, 24-hour stormwater runoff retention area will be approved and become effective for reporting year 2022-2023 (FY2022-23). However, it is the nature of regulatory -driven programs to be subject to uncertainty and unpredictable developments, and as such a 10% contingency has been included for additional unplanned assistance to be used only when authorized by the City. FISCAL IMPACT: The cost estimate for the proposed scope of work is $71,500, including a 10% contingency fee of $6,500 to cover unforeseen events. Safe Clean Water Municipal Program Funds will cover $33,000 with the remainder programmed into the FY 2022/23 Budget. RECOMMENDATION: Approve as presented. ATTACHMENTS: RH-MS4-ProposalLetter-FY2223(2022-06-01).pdf RH-MS4_SOS_FY2022-23(Final).pdf CA_AGR_220613_McGowan_Amend05.pdf MCGOWAN CONSULTING LLC, Agrmnt_ 2015-18_Signed.pdf McGowan 1stAmendment 2018-2020 SIGNED.pdf Second Amendment McGowan Agreement 4-17-19.pdf 3rd Agreement McGowan Consulting LLC Agreement 2020_07_29.pdf PSA 4th Amendment signed 06.29.2021.pdf 45 MCGOWAN CONSULTING, LLC 412 Olive Avenue, #189, Huntington Beach, CA 92648 310-213-4979 Kathleen@McGowan.Consulting June 1, 2022 Elaine Jeng, City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 RE: PROPOSAL FOR MS4 PERMIT CONSULTING FY2022-23 Dear Ms. Jeng: McGowan Consulting is pleased to provide the enclosed scope of services and cost estimate to assist the City of Rolling Hills (City) in implementing the requirements of the Municipal Stormwater Permit during fiscal year 2022-2023. As you are aware, we specialize in providing customized stormwater quality and watershed protection consulting services to small municipal clients and have an in-depth understanding of the City’s particular challenges and constraints. Over the past two years, we have coordinated with the City’s contracted hydrology and monitoring consultant to document the retention capacity of a representative canyon drainage system in the City as evidence that the net effect of Rolling Hills’ low density planning and land development standards combined with its extensive network of natura l canyon drainage systems is to promote stormwater retention and infiltration up to and including the runoff from the 85th%, 24-hr storm event. We then used this data to assist City staff in the preparation of an addenedum to the Palos Verdes Peninsula Watershed Management Program (WMP) to include the City as an 85th%, 24-hr stormwater runoff retention area and obtain deemed-compliance with TMDL waste load allocations. Indications from LA Water Board staff based on discussions and comments received on the City’s proposed WMP addendum are that they are inclinded to accept this approach. Final acceptance of the City’s deemed compliance approach will be a unique accomplishment among the 84 municipalities in Los Angeles County. Meanwhile the Regional Municipal Stormwater Permit (Regional Permit)1 was adopted on July 23, 2021 and became effective on September 11, 2021, replacing the previous 2012 Los Angeles Municipal Stormwater Permit. While the Regional Permit is similar in many ways to the previous 2012 Permit, there are changes and expanded requirements in existing programs, as well as new requirements that must be implemented on an ongoing basis regardless of the means of demonstrating compliance with TMDL waste load allocations. Examples of new requirements applicable to the City include but are not limited to annual stormwater training of City staff in targeted roles, more detailed annual tracking and reporting of implementation activities, and tracking of performance metrics and costs for implementing these activities. McGowan Consulting has been working with City staff to initiate implementation of 1 Regional Phase I MS4 NPDES Permit. Order No. R4-2021-0105. NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties 46 McGowan Consulting, LLC ROLLING HILLS MS4 PERMIT CONSULTING FY2022-23 Page 2 these new requirements, however some program elements still need to be revised in accordance with the schedule provided in the Regional Permit. This scope of services is designed to assist the City in implementing its individual requirements under the Regional Permit including supporting the City in decision mak ing and review of the Peninsula Coordinated Integrated Monitoring Program, cooperative implementation of the Peninsula WMP, planning and budgeting for expenditure of the City’s Municipal Safe Clean Water funds, and representing the City’s interests in negotiations with the LA Water Board. This proposal has been prepared with the assumption that the City’s participation in the WMP as an 85th%, 24-hour stormwater runoff retention area will be approved and become effective for reporting year 2022-2023 (FY2022-23). However, it is the nature of regulatory-driven programs to be subject to uncertainty and unpredictable developments , and as such a ten percent contingency has been included for additional unplanned assistance to be used only when authorized by the City. Please do not hesitate to contact me if you have any questions or require additional information or scope clarification. Thank you for the opportunity to continue to work with you and your colleagues and to serve the City of Rolling Hills. Sincerely, Kathleen C. McGowan, P.E., Principal McGowan Consulting, LLC Attachment: Scope of Services and Cost Estimate 47 Scope of Services – Stormwater Permit Consulting City of Rolling Hills FY2022-23 This scope of services is designed to assist the City of Rolling Hills with implementation of required programs in the Regional Phase I MS4 NPDES Permit – Order No. R4-2021-0105 – NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties (Regional Permit). The City has notified the Los Angeles Regional Water Quality Control Board (LA Water Board) of its intent to to participate in the Palos Verdes Peninsula Watershed Management Program and has submitted a required addendum to the Watershed Management Program and responded to LA Water Board comments. This proposal has been prepared with the assumption that the City’s participation as an 85th%, 24-hour stormwater runoff retention area will be approved and become effective for reporting year 2022-2023 (FY2022-23). This scope of services is organized into tasks based on the Regional Permit program areas. Task 1 - Program Management, Individual Reporting and Regulatory Support Task 2 - Public Information and Participation Program Task 3 - Commercial Facilities Control Program [not applicable to the City] Task 4 - Planning & Land Development and Construction Programs Task 5 - Public Agency Activities Program Task 6 - Illicit Discharge Detection and Elimination Program Task 7 - Watershed Planning and CIMP and TMDL Implementation Task 1 Program Management, Individual Reporting and Regulatory Support The Regional Permit affects a wide range of municipal activities and requires management and coordination of pollution prevention and implementation activities across municipal functions and among co-permittees. Task 1 is focused on stormwater program planning, coordination and reporting. Subtask 1.1 Coordination, Communication and Project Management This subtask provides an allocation of time for McGowan Consulting to conduct stormwater program planning, coordination, and regular communication with City staff on action items and pending decisions needed, regulatory and watershed developments, and for internal coordination and project management. Time is also included in this subtask for periodic meetings or calls with City staff on the status of work progress. This effort will include working with City staff to create and maintain a required list of applicable staff positions and contractors who should receive stormwater annual training specific to their responsibilities and in tracking that new staff in these targeted positions are trained within 180 days of starting employment. This task also allocates time for assisting City staff in preparing staff reports to City Council to update them on progress of key stormwater program implementation topics , and attending City Council meetings when needed. Subtask 1.2 Regional Permit Individual Annual Report The Regional Permit requires the City to submit an Individual Annual Report to the Los Angeles Regional Water Quality Control Board (LA Water Board) by December 15th summarizing its stormwater management program activities during the preceding fiscal year (July 1st-June 30th). The Regional Permit 48 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 2 of 11 introduced a new reporting format with more detailed categorization and reporting of costs and tracking of measurable achievements; FY2022-23 will be the first time using the new format which is being deployed via the Los Angeles County-wide Watershed Reporting Adaptive Management & Planning System (WRAMPS) online reporting tool (https://wramps2.org/app/). Additionally, as part of the City’s contribution to the new Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) progress reporting requirements, the City will need to update its progress on meeting Watershed Management Program (WMP) measures in WRAMPS on a semi-annual basis. This subtask covers McGowan Consulting’s preparation of the City’s Individual Annual Report following the required format and content prescribed in the Regional Permit covering activities implemented and costs incurred by stormwater program and type during the reporting year. The City’s Individual Annual Report also supports the preparation of the Semi-Annual Watershed Report which is also due on December 15. BMcGowan Consulting will provide City staff a detailed list of information needed to complete the Individual Annual Report. Given receipt of the requested Individual Annual Report information in electronic format from City staff by September 15, a draft Individual Annual Report will be prepared using the updated WRAMPS online reporting tool for City staff review by November 1. A two-week turnaround for City staff review with a consolidated set of comments, and a single revision of the annual report are assumed to meet the December 15th submittal deadline. Following submittal of the report, an electronic copy of the Individual Annual Report and its supporting files will be provided for the City’s records. Time is also allocated in this subtask to upload the City’s semi -annual progress reporting information into WRAMPS for submittal to the watershed lead. It is assumed that the City will continue to contract separately for monitoring of trash consistent with its approved Trash Monitoring and Reporting Program and that information will be provided to McGowan Consulting in spreadsheet format required by the Regional Permit for inclusion in its Individual Annual Report. Subtask 1.2 Deliverables: • Draft and final Regional Permit Individual Annual Report Subtask 1.3 Permit-wide Coordination and Regulatory Suppport This subtask includes time to participate in virtual Co-Permittee meetings and conference calls to share information, resources and address challenges cooperatively amongst the Co-Permittees of the Regional Permit and for coordination with other Permittees on implementation strategies for new Regional Permit provisions, such as participation in LA Permit Group meetings, the County of Los Angeles’s WRAMPS workshops and Technical Working Group meetings. This subtask also allocates time for McGowan Consulting to track and review regulatory actions affecting the City’s stormwater program such as new or revisions to statewide water quality standards applicable to MS4 permits, statewide permitting policies, precedential State and Regional Water Board orders, and issuance or reconsideration of Total Maximum Daily Loads (TMDLs). McGowan Consulting’s effort for this subtask has been reduced based on the assumption that actual time will be be distributed among several municipal clients. 49 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 3 of 11 Task 2 Public Information and Participation Program Each Permittee is responsible for developing and implementing a Public Information and Participation Program (PIPP) that addresses specific Regional Permit and Peninsula WMP requirements. Each of the required elements of the PIPP may be met by the City either through a County-wide, watershed group, individual program approach, and/or through partnerships with State or National stormwater member agencies, or a combination of approaches. The Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) has committed to joint development of certain elements of the PIPP which are addressed in Subtask 8.2. The City’s solid waste franchisee disseminates information to residents and businesses on proper handling of wastes such as: vehicle waste fluids, household waste materials, construction waste materials, organic waste and animal waste. City staff disseminate opportunities for participation in pollution prevention activities and events to residents and businesses via e-news and Blue Newsletter. Accordingly, the City’s PIPP obligations will be met through a combination of individual City activities, outreach material developed in collaboration with the other members of the Peninsula WMG, promotion of local environmental events and workshops hosted by other organizations, as well as County-wide outreach and engagement efforts including those implemented through the Safe Clean Water Program. The Regional Permit requires documentation and tracking of information on the City’s PIPP activities, including the (1) date of activity; (2) method of dissemination, (3) targeted behavior; (4) targeted pollutant; (5) targeted audience; (6) culturally effective methods; (7) metric(s) for measuring effectiveness of activity, and related information necessary for measuring effectiveness. Subtask 2.1 PIPP Implementation This subtask includes an allocation of time to track the City’s PIPP activities via metrics identified in collaboration with City staff in a spreadsheet database to be updated annually. This scope of work includes a meeting with City staff at the beginning of the fiscal year to discuss the anticipated PIPP activities and associated metrics to be tracked during the year and to gather information o n the metrics tracked during the preceding year. McGowan Consulting will update the spreadsheet database following this meeting and will work with City staff to track the metrics throughout the year for compilation in the City’s next Individual Annual Report. This task also provides an allocation of effort for McGowan Consulting to support the City as needed in its efforts to disseminate public outreach materials and encourage community engagement on stormwater and related environmental programs. This support may include reviewing and recommending changes to the Environmental Programs website material and/or recommendations for information to be disseminated to the public via the City’s Blue Newsletter. It is assumed that City staff will be responsible for making as-needed recommended updates to its website content. Subtask 2.1 Deliverables: • Annual update of City’s individual PIPP activities database and metrics for tracking effectiveness Subtask 2.2 Safe Clean Water Municipal Program The Safe Clean Water (SCW) Program, also known as Measure W, provides dedicated funding to increase local water supply, improve water quality and protect public health with a key goal of supporting 50 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 4 of 11 municipalities in implementing new efforts to meet Regional Permit water quality objectives. The City receives approximately $100,000 annually in Municipal Program Funds and accordingly has annual planning and reporting responsibilities for the expenditure of these funds as outlined in the City’s Municipal Transfer Agreement with Los Angeles County Flood Control District (LACFCD). The Municipal SCW Annual Plan and the Municipal SCW Annual Progress/Expenditure Report must be prepared and submitted via the SCW online reporting tool following the structure and detail ed content required by the tool. The tool is mounted on the Los Angeles County Safe Clean Water Program website (SafeCleanWaterLA.org) where the plans and reports are also posted for public transparency and accountability. This subtask provides for McGowan Consulting to assist the City by preparing the Municipal SCW Annual Progress/Expenditure Report for FY2021-22 and the Municipal SCW Annual Plan for FY2023-24 using the SCW online reporting tool based on a similar level of effort experienced preparing these plans and reports for the City during FY2021-22. Authorized City staff must approve and submit the final Municipal SCW Annual Progress/Expenditure Report and Annual Plan to the LACFCD via the SCW reporting tool. Municipal SCW Annual Progress/Expenditure Report (due in December): McGowan Consulting will prepare a list of information necessary to prepare the draft Municipal SCW Annual Progress/Expenditure Report covering the preceding fiscal year (FY2021 -22). Within six weeks of receiving the requested information, McGowan Consulting will prepare the draft Municipal SCW Annual Progress/Expenditure Report for City staff review. A consolidated set of comments from City staff, and a single revision of the report to incorporate City staff comments are assumed. Municipal SCW Annual Plan (due by April 1): McGowan Consulting will meet with City staff in January to identify anticipated Municipal SCW Program expenditures for the upcoming fiscal year (FY2023-24) and then will provide a list of additional information items necessary to prepare the Municipal SCW Annual Plan. Given receipt of the requested information from City Staff by February 1st, McGowan Consulting will prepare a draft Municipal SCW Annual Plan for City staff review by March 1st. A two-week turnaround for City staff review, with a consolidated set of City staff comments, and a single revision of the annual plan are assumed. It is assumed that City staff will be responsible for adherence to the SCW Program financial documentation and audit requirements, compliance with revenue transfer agreement requirements, operation in accordance with best practices and strict accountability for funds, receipts and disbursements as delineated in the SCW Progra m Municipal Program Transfer Agreement. Subtask 2.2 Deliverables: • Draft and Final Municipal SCW Annual Plan • Draft and Final Municipal SCW Annual Progress/Expenditure Report Task 4 Planning & Land Development and Development Construction Programs The Planning & Land Development and Construction Programs are both applicable to public and private development projects and there are separate and cross-cutting requirements in these programs. 51 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 5 of 11 Subtask 4.1 Planning & Land Development Program Training & Tracking The Planning and Land Development provisions of the Regional Permit require the City to ensure that Priority Development Projects provide for permanent measures to reduce storm water pollutant loads from the development site by conditioning approval of these projects with Low Impact Development (LID) requirements. Qualifying capital improvement projects are also subject to LID requirements. This subtask provides for preparation and delivery of a virtually accessible training on the Planning & Land Development Program requirements of the Regional Permit consistent with the City’s implementation policies and procedures. This subtask also provides an allocation of time for entering Priority Development Projects subjected to LID into the WRAMPS online tool for tracking and annual reporting. Subtask 4.1 Deliverables: • Virtual training session for Community Development, Management and contract staff on the Planning & Land Development requirements Subtask 4.2 Construction Program Training The City is required to implement a Construction Program to track and ensure appropriate BMPs are being implemented on construction sites within its jurisdiction. The City must also ensure that developers of construction sites larger than one acre are obtaining coverage under the Statewide Construction General Permit (CGP), have an approved LID Plan in place prior to the City’s issuance of a grading or building permit, and that these sites are inspected for effective stormwater BMPs at frequencies consistent with the Regional Permit requirements. This subtask provides for preparation and delivery of a virtually accessible training on the Construction Program requirements of the Regional Permit. This training will be distinct from the Planning & Land Development training module to provide flexibility for targeted City and contract staff to access the training at their convenience as appropriate to their job responsibilities. This task also includes time to track and review reporting via the State Board’s online SMARTS system by construction sites disturbing one acre or more within the City. It is assumed that the City will utilize contracted or in-house practitioners that are trained and knowledgeable in CGP requirements for any municipal capital improvement projects one acre and larger consistent with the State Water Board Qualified QSD/QSP program since the training provided by McGowan Consulting is primarily focused on the Regional Permit Construction Program requirements and is not equivalent to the two- or three-day training required for practitioners of the CGP. Subtask 4.2 Deliverables • Virtual training session for Community Development, Management and contract staff on the Regional Permit Construction Program requirements Subtask 4.3 Expanded LID Support McGowan Consulting understands the City intends to establish a program of expanded low impact development for new and redevelopment projects through effective site design requirement s. Broader 52 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 6 of 11 application of effective site design practices to development projects will distribute stormwater detention and retention across more properties in the City thereby increasing overall stormwater capture in the City and supporting the City’s 85%, 24-hour stormwater retention compliance approach. Effective site design preserves and/or creates natural landscape features that promote percolation of stormwater on-site, minimizes impermeable surfaces that create runoff, and uses permeable paving for exterior paved surfaces where feasible. Effective site design practices are no more complex than what is normally undertaken by architects and landscape designers for a typical new or redevelopment project and therefore can be applied to most new and redevel opment projects during planning and design, regardless of whether they trigger the numeric performance requirements of Priority Development Projects as defined in the Regional Permit. This subtask provides an allocation of time for McGowan Consulting to assist City staff in developing guidelines and outreach materials for implementation of the program. Task 5 Public Agency Activities Program The Public Agency Activities program focuses on public works maintenance and capital improvement activities. The Regional Permit requires implementation of BMPs to minimize water quality impacts from the maintenance of public facilities, including parks, streets, storm drain infrastructure, recreational and other municipally owned or operated facilities. The City is required to maintain an updated electronic inventory or database of all public facilities that are potential sources of pollutants in stormwater runoff; incorporation of facility information into GIS is recommended but not required by the Regional Permit. The inventory must also identify potential for stormwater pollutant generation activities at each facility and the BMPs that are implemented to address them. The City’s facility inventory was previously developed in spreadsheet format in 2016, and the Regional Permit newly requires the addition of Permittee-maintained roads and catch basins to the inventory. McGowan Consulting will meet with management staff to verify the accuracy of the City’s public facility inventory and to identify significant modificat ions or other changes that have occurred since 2016 that require reassessment of specific facilities and/or revision of the inventory. This subtask includes time for McGowan Consulting to conduct site visits/assessments at up to three (3) municipal facilities selected by City staff to assess significantly revised conditions for purposes of updating the facility inventory. It is assumed that City staff will contract separately for conversion of some or all of the facility inventory to GIS if City staff determines it is appropriate. The City must annually train all employees in targeted positions whose interactions, jobs, 6ctiveities affect stormwater quality. This training requirement also applies to contractors performing privatized/contracted municipal services such as solid waste collection or landscape maintenance. This subtask provides for McGowan Consulting to prepare and provide virtually accessible training for targeted City staff and contracted service providers. The training will provide an overview of the permit requirements for context and then focus most of the training on municipal operation and maintenance activities with the potential to impact stormwater quality. The Regional Permit further specifies that contractors hired by the City to conduct public works activities that may affect stormwater quality be contractually required to implement and maintain BMPs for t he 53 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 7 of 11 work they are conducting. This subtask includes an allocation of time for McGowan Consulting to prepare template language for insertion in public works contracts. Task 5 Deliverables: • Up to three (3) public facility site visits/assessments with recommendationed revisions to the facility inventory • Virtual training session for targeted public works staff and contractors • Template language for insertion in public works contracts Task 6 Illicit Discharge Detection and Elimination Program Training The Regional Permit requires the City to continue to implement its Illicit Discharge Detection and Elimination (IDDE) program to detect and identify the source of suspected illicit discharges and to implement procedures for eliminating confirmed illicit discharges. This task provides for preparation and delivery of an interactive or virtually accessible required annual training for field staff on the identification and reporting of illicit discharges. Although the City’s IDDE procedures manual must be updated once during the five-year Regional Permit term, it is assumed that such an effort will be deferred to a later year within the permit term in favor of updating the Public Facility Inventory in FY2022-23 as described in Task 5 a to allow balancing of the City’s annual stormwater costs. Task 6 Deliverable: • Virtual training session on the IDDE program with anonymous online quiz to assess effectiveness of the training Task 7 Watershed Group Planning and Coordination The Coordinated Integrated Watershed Management Program (CIMP) and Watershed Management Program (WMP) are being implemented cooperatively by the Peninsula WMG in accordance with the requirements of the Regional Permit. The City has been participating in CIMP implementation through a separate contracting mechanism under an MOU administered by the City of Rancho Palos Verdes in coordination with the Peninsula WMG member agencies. The WMP was revised in 2021 to newly include the City of Rolling Hills as an 85th %, 24-hr stormwater runoff retention area and to update the WMP based on monitoring data collected and stormwater capture projects implemented over the past five years. The Peninsula WMG is currently responding to comments from the LA Water Board on the revised WMP and making further revisions as necessary. The City is also participating in the Harbor Regional Monitoring Coalition MOU to meet its monitoring obligations under the Greater Los Angeles and Long Beach Harbors Toxics TMDL. The Harbor Regional Monitoring Coalition (Harbor RMC) meets quarterly to coordinate TMDL compliance monitoring and reporting in the harbors. Task 7.1 Watershed Group Planning & Coordination The Peninsula WMG meets monthly to plan and coordinate compliance monitoring and implementation activities for both the CIMP and WMP and TMDL regulatory issues. This subtask includes McGowan Consulting time for meeting preparation and attendance at twelve (12) Peninsula WMG meetings, with time for this effort distributed among three Peninsula municipal clients. Additional time is included for 54 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 8 of 11 periodic coordination meetings among the Peninsula WMG consulting team members. Time for participation in quarterly Harbor RMC meetings is also included with that effort distributed between two Peninusula municipal clients. Task 7.2 CIMP Review & Support During FY2022-23 the Peninsula CIMP must be revised to align with the Regional Permit monitoring and reporting requirements and to make adaptive management changes planned for the benefit of the Peninsula WMG agencies. This subtask allocates time for McGowan Consulting to provide review and comment on the draft and final revisions of the CIMP prior to submittal to the LA Water Board for review. This subtask also allocates time for McGowan Consulting to provide review and comment on the draft and final annual Integrated Monitoring Compliance Report to be prepared by the CIMP Consultant. Lastly, this task provides time for McGowan Consulting to review results of sampling events and attend monthly 30-minute coordination calls with the Peninusula WMG and CIMP consulting teams to make as- needed implementation and adaptive management decisions. McGowan Consulting time for this subtask has been reduced based on the assumption that it will be be distributed among three municipal clients. Task 8 WMP Joint Implementation Activities The Peninsula WMG members have been undertaking certain WMP implementation tasks in a cooperative manner with effort for carrying out these tasks distributed equitably between the consultant for the City of Rancho Palos Verdes and McGowan Consulting as consultant for the City of Rolling Hills Estates, Palos Verdes Estates and Rolling Hills. This task provides for McGowan Consulting to perform the City’s share of the following cooperative WMP implementation subtasks. Subtask 8.1 Semi-Annual Watershed Progress Report Assistance & Review The Regional Permit newly requires the submittal of semi -annual Watershed Progress Reports to the LA Water Board which are due on December 15 and June 15. Although the consultant for the City of Rancho Palos Verdes will lead this submittal, this is necessarily a cooperative effort and as such, McGowan Consulting will provide assistance in compiling key elements of these reports and will also provide review and comment on the draft and final semi-annual progress reports. Subtask 8.2 Joint Public Outreach Content Development & Metrics The Peninsula WMG in collaboration with the Beach Cities WMG has been developing and disseminating stormwater outreach website content to the local community via the South Bay Cities Council of Governments (SBCCOG) website. This outreach program has been managed and facilitated by McGowan Consulting, supported by website hosting services subcontracted with the SBCCOG. This outreach program also includes the development of periodic supplemental outreach pieces for dissemination through the participating jurisdictions’ e-news and social media channels to extend the reach of the messaging and draw traffic to the website content. The ongoing scope of this subtask is anticipated to include annual revision and refreshing of webpage content on the SBCCOG website platform. The Regional Permit newly requires Permittees to track metrics on the effectiveness of their public outreach and participation efforts which will be implemented in part through collection of website metrics from the SBCCOG hosting service . Additionally, the effort in this subtask may include development of one or more targeted public outreach pieces to address topics relevant to the stormwater management program with support by subcontracted graphic design 55 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 9 of 11 services as needed. McGowan Consulting’s level of effort and supporting contract services for this subtask are assumed to be similar to those in previous years and will continue to be offset through combined work for the Beach Cities WMG including shared subcontracting costs for website hosting and as-needed graphic design. Cost Estimate McGowan Consulting will deliver the services described in the foregoing Scope of Services for an estimated cost of $65,000 based on time and materials as detailed in the following Budget Table and FY2022-23 Rate Schedule. To provide flexibility to best meet the needs of the City in addressing the requirements of the Regional Permit, it is understood that reallocation of level-of-effort between tasks and subtasks may occur so long as the total contract amount is not exceeded. Given the nature of regulatory-driven programs which are subject to changing requirements and unpredictable developments, an additional ten percent contingency in the amount of $6,500 is also recommended to be used only when authorized by the City to support additional assistance that is unplanned. Labor rates for FY2022-23 are shown in the Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Invoices will be submitted based on actual time expended by each McGowan Consulting staff member in accordance with the rate schedule. Other direct costs chargeable to the project may include subcontracted website hosting, graphic design, illustration, and translation services; and other direct project costs not specifically included in labor rates. 56 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 10 of 11 Fiscal Year 2022-2023 Budget Table Stormwater Consulting Services Task Description Labor Hours Estimated Cost 1.1 Coordination, Communication and Program Management 50 $ 8,500 1.2 Regional Permit Individual Annual Report 50 $ 8,400 1.3 Permit-wide Coordination and Regulatory Support 18 $ 2,900 2.1 Public Information & Participation Program Implementation 24 $ 3,600 2.2 Safe Clean Water Municipal Program + 50 $ 8,400 4.1 Planning & Land Development Program Training & Tracking 22 $ 3,600 4.2 Construction Program Training 20 $ 3,300 4.3 Expanded LID Support + 32 $ 5,300 5 Public Agency Activities Program 40 $ 6,600 6 Illicit Discharge Detection and Elimination Training 12 $ 1,800 7.1 Watershed Group Planning & Coordination 24 $ 4,000 7.2 CIMP Review and Support 15 $ 2,500 8.1 Semi-annual Watershed Progress Report Assistance & Review 12 $ 2,000 8.2 Joint Public Outreach Content Development & Metrics 14 $2,100 Other Direct Costs - Includes subcontracted website hosting by SBCCOG and graphic design services for outreach materials $ 2,000 Total Estimated Costs $ 65,000 Contingency @ 10% $ 6,500 + indicates costs planned to be covered by the SCW Municipal Program Funds 57 McGowan Consulting, LLC ROLLING HILLS STORMWATER CONSULTING FY2022-23 Page 11 of 11 McGowan Consulting, LLC Labor Rates - Contract Year 2022-231 Professional Staff Rates Principal $175 per hour Sr. Scientist $145 per hour Staff Scientist $63 per hour Expenses Labor rates include automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Other direct costs chargeable to the project include: graphic layout and illustration, webpage design and hosting, translation services, re port reproduction and binding, courier services, blueprint services, graphics services, project -specific publications, and any other direct project costs not included in the labor rates. 1 Labor rates to be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics 58 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This F ifth Amendment to Professional Services Agreement is entered into by and between the City of Rolling H ills, a municipal corporation (“City”) and McGowan Consulting LLC (“Consultant”) upon full, written execution by both parties. RECITALS A. City and Consultant are parties to that Professional Services Agreement dated July 15, 2015 (the “Agreement”) by which City engaged Consultant for environmental consulting services pertaining to the implementation of the Municipal Separate Storm Sewer System Permit (MS4) and Total Maximum Daily Load (TMDL) implementation under the requirements of the Federal Clean Water Act. B. The Agreement has been amended by a First Amendment to the Agreement dated July 26, 2018 (the “First Amendment”), a Second Amendment to the Agreement dated April 17, 2019 (the “Second Amendment”), a Third Amendment to the Agreement dated July 29, 2020 (the “Third Amendment”), and a Fourth Amendment to the Agreement dated June 29, 2021 (the “Fourth Amendment”) by which City continued Consultant's engagement to perform MS4 permit consulting services. C. City and Consultant now desire to further amend the Agreement for a fifth time in order to engage Consultant to perform MS4 permit consulting services for the 2022-2023 fiscal year and to establish compensation for such services (the “Fifth Amendment”). NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: A. Section 2 “SCOPE OF WORK” of the Agreement is amended to read as follows: CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the scope of work attached as Exhibit A, and incorporated herein by this reference. B. Section 3 “COST” of the Agreement is amended to read as follows: The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Exhibit A. Total expenditures made under this Agreement shall not exceed the sum of $35,850 for FY 2015- 16; $39,976 for FY 2016-17; $39,468 for FY 2017-18; $46,996 for FY 2018-19; $46,992 for FY 2019-20; $70,605 for FY 2020-21; $99,095 for FY 2021-22; and $71,500 (inclusive of 10% contingency fee) for FY 2022-23 services in the attached Exhibit A. All such fees include automobile mileage, parking fees, routine printing and copying, photography, travel, attendance at meetings and routine miscellaneous costs incurred during the term. No increase in fees will be allowed during the life of this Fifth Amendment. Any increase in contract amount or scope shall be by express written amendment approved by the City and CONSULTANT. C. Section 9 “TERM” of the Agreement is amended to read as follows: The term of the Agreement is extended until June 30, 2023. 59 D. Except as above modified, in all other respects the Agreement as previously amended is hereby affirmed and in full force and effect. ATTEST CITY OF ROLLING HILLS __________________________________ ___________________________________ Christian Horvath, City Clerk Date ELAINE JENG Date MCGOWAN CONSULTING, LLC ___________________________________ KATHLEEN MCGOWAN Date EXHIBIT A (See following page) 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Agenda Item No.: 7.J Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE ROLLING HILLS COMMUNITY ASSOCIATION'S APPLICATION TO LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH FOR REPLACEMENT OF SEPTIC TANK SERVING THE MAIN GATE AND AUTHORIZE CITY MANAGER TO SIGN. DATE:June 27, 2022 BACKGROUND: In a letter dated April 11, 2022, the Rolling Hills Community Association (RHCA) requested to install a new septic tank to service the Main Gate. The referenced letter noted that the replaced septic tank would also serve the new kitchen and restroom proposed for the tennis courts common area. The RHCA leases the tennis courts, and the City Hall campus from the City. Per the lease agreement, the RHCA maintain and operates the tennis courts. To replace the referenced septic tank, located in the area adjacent to the guest lane approaching the Main Gate, a permit is required from the Los Angeles County Department of Public Health. As the owner of the property, RHCA is requesting that the City submit the required forms to the Los Angeles County Department of Public Works to commence the permitting process. RHCA has a contractor, Peninsula Septic Service on standby to implement the tank replacement upon permit issuance. The City and the RHCA planned separate projects at the tennis courts. The RHCA plans to improve the common areas of the tennis courts to add amenities like a restroom, kitchen, and a gazebo. To comply with the American with Disability Act (ADA), the City plans to bring the walkways of the tennis courts to ADA standards. Over the last three years, these improvements have been placed on hold. The proposed amenities would add effluent to the existing septic tank and would trigger tank replacement by the Los Angeles Department of Public Health. In light of the City's 8" sewer main project, the RHCA decided to hold off on the septic tank replacement in the event that that the City constructs the 8" line, the effluent from the proposed amenities could be 122 discharged to the sewer main instead of the septic tank. The 8" sewer main has been in the design phase for the past 12 months and at the January 2022 City Council Strategic Planning Session, the City Council decided not to dedicate General Fund to construct the 8" sewer main line. Instead, the City Council discussed pursing grant funds for the project. In consideration of the City Council's actions, the RHCA decided to revisit the septic tank replacement project. At the May 9, 2022 City Council meeting, staff was directed to communicate with the RHCA that the Council was in support and requested a copy of the latest plans including the location of the new septic tank. At the May 23, 2022 City Council meeting, directed staff to hold the item, ascertain if the City Attorney found the agreement acceptable and if so return for approval at the June 13, 2022 City Council meeting. DISCUSSION: The RHCA has provided their application including plans as requested. The City Attorney has reviewed and modified the agreement. It is attached for Council's review and approval. FISCAL IMPACT: There is no fiscal impact to complete the permitting forms requested by the RHCA. RECOMMENDATION: Approve as presented. ATTACHMENTS: PW_CHC_220608_TC_RHCA_Septic_LACoDPH_App_rev.pdf PW_CHC_220607_TC_RHCA_Septic_GeoTech.pdf 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Agenda Item No.: 9.A Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT: ZONING CASE 21-16: REQUEST FOR APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RETAINING WALL; CONDITIONAL USE PERMIT FOR A RECREATIONAL GAME COURT; AND VARIANCE TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE FOR A PROPERTY LOCATED AT 18 EASTFIELD DRIVE (LOT 69-A-EF) (RICH) DATE:June 27, 2022 BACKGROUND: On May 17, 2022, the Planning Commission adopted Resolution No. 2022-05 approving Zoning Case No. 21-16 for a Site Plan Review for grading and construction of a new retaining wall; Conditional Use Permit for a recreational game court; and Variance to exceed the maximum permitted lot disturbance. The resolution was adopted unanimously, 4-0, with one commissioner absent. Zoning, Location, and Lot Description The property located at 18 Eastfield Drive is zoned RAS-1 and has a net lot area of 68,826 square feet (1.58 acre). On December 17, 1996, the Planning Commission approved a Site Plan Review request for a new single-family residence and other improvements to replace an existing residence on the subject property. On July 21, 1998, the Planning Commission approved a Conditional Use Permit to construct a cabana and modification to the 1996 Site Plan Review approval for additional grading. On June 14, 2005, the Planning Commission approved a Site Plan Review for grading and construction of a stable and corral, a Conditional Use Permit to convert an existing stable into a recreation room, and a variance to exceed the maximum permitted disturbed area on the lot. The lot is developed with a 5,265-square-foot single-family residence and a 1,284-square-foot garage. There are three existing building pads on site with approximately 50 feet difference in 152 elevation. The highest point is located closest to the roadway easement on the western portion of the property; the lowest portion is located in the eastern portion of the lot near the existing stable and corral. The existing residence and garage are located on the Pad 1, which is 26,083 square feet and located closest to the roadway easement; Pad 2 is 12,342 square feet in the middle of the property and contains a swimming pool, pool house, and garden. Pad 3, in the rear portion of the property, is 7,439 square feet and includes the existing stable and corral and proposed recreational game court. DISCUSSION: Applicant Request The applicant is requesting a site plan review for overall grading of 886 cubic yards and construction of a 1,697-square-foot recreational game court, pond, potting shed, chicken coop, hardscape, and landscape. All grading will be balanced on site. A Conditional Use Permit is requested for the construction and use of the recreational game court, which is intended to be used as a pickleball court. In 2005, a variance was approved to allow lot disturbance up to 48.4%, which exceeds the maximum allowed of 40%. The current application further increases lot disturbance by 1.5% for a total of 49.9%. The applicant proposes to regrade the downward slope adjacent to the pool patio level to flatten the pad and be more useful for agricultural purposes. A chicken coop, potting shed, and landscaping are included in the proposal. A pathway will be provided to access the lower slope leading to the existing barn and stable and proposed recreational game court. The proposed project includes grading that will improve drainage flow. Code Enforcement A code enforcement case was opened in 2020 in regards to expired permits for additions, an open lattice patio cover, detached stable, basement, storage room, and grading. The current condition of the site shows grading work that has been started and trenches that have been dug to install piping. The retaining walls for the recreational game court have already been constructed and will be modified to meet the requirements of the Municipal Code. The existing wall will be lowered one-foot three-inches and a second wall will be installed in front to create a terraced effect. Conditional Use Permit (CUP) Per Rolling Hills Municipal Code (RHMC) Section 17.16.040(A)(5), a Conditional Use Permit is required for a recreational game court subject to the conditions in RHMC Section 17.16.210(A) (7). The applicant is requesting approval of a Conditional Use Permit for the proposed 1,697- square-foot recreational game court in the rear portion of the property next to the stable and corral. Variance to further exceed lot disturbance As mentioned, the Planning Commission approved a Variance in 2005 to exceed the maximum allowed lot disturbance of 40% up to 48.4%. The current application includes 153 additional disturbance of 1.5%, bringing the total to 49.9%. The applicant is requesting approval of a variance to regrade landscaped areas and flatten Pad 2, which includes a flower garden, potting shed, and chicken coop. The area for the recreational game court was previously graded and disturbed with construction of the stable and corral. MUNICIPAL CODE COMPLIANCE Area of Disturbance The property has been previously disturbed due to development of residence, swimming pool, pool house, stable, and corral. Additional disturbance of 1.5% will bring the total disturbed area to 49.9% of the net lot area, or 34,355 square feet. Access to Stable, Corral, and Recreational Game Court The stable, corral, and proposed recreational game court will be accessed via a 12-foot-wide path along the western property line. Lot Coverage The proposed structural coverage on the lot will be 12,377 square feet, or 18% of the net lot area, which meets the lot coverage limitation of 20% maximum. The recreational game court further increases the lot coverage by 2.5%. The proposed total coverage including structures and flatwork will be 21,085 square feet or 30.6% of the net lot area, which also meets the lot coverage limitation of 35% maximum. Environmental Review The proposed project has been determined to not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts accessory structures including a recreational game court and appurtenant structures. Public Participation Staff received an email from a neighbor in support of the project. The email is included as an attachment. CRITERIA FOR SITE PLAN REVIEW 17.46.050 - Required Site Plan Review findings. 1. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. 2. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 3. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 4. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, 154 and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 5. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 6. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 7. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 8. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 9. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 10. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 11. The project conforms to the requirements of the California Environmental Quality Act. 12. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT 17.42.050 Basis for approval or denial of Conditional Use Permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: 1. That the proposed conditional use is consistent with the General Plan; 2. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; 3. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; 4. That the proposed conditional use complies with all applicable development standards of the zone district; 5. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; 6. That the proposed conditional use observes the spirit and intent of this title. CRITERIA FOR APPROVAL OF A VARIANCE 17.38.050 Required Variance findings . In granting a variance, the Commission (and Council on appeal) must make the following 155 findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: Vicinity Map - 18 Eastfield Dr.pdf Development Table (ZC 21-16).pdf Email from Sam Galletti 050922.pdf RICH RESIDENCE - FINAL SUBMITTAL FOR PLANNING - reduced.pdf Previously Approved Resolutions - 18 Eastfield Dr.pdf 2022-05_PC_Resolution_18EastfieldDr_ZC 21-16_E.pdf 156 City of Rolling Hills 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 TITLE VICINITY MAP CASE NO. Zoning Case No. 21-16 Site Plan Review, Conditional Use Permit, Variance OWNER Rich ADDRESS 18 Eastfield, Rolling Hills 90274 SITE 157 Development Table Zoning Case No. 21-16 (18 EASTFIELD DRIVE) Site Plan Review, Conditional Use Permit and Variance PAD 1 PAD 2 PAD 3 TOTAL RAS- 2 Zone Setbacks Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear easement line Single family residence, garage (SF) Swimming Pool, Pool House (SF) New Stable and corral (SF) Pad/Net Lot Area Existing: 26,083 Proposed: 0 Total: 26,083 Existing: 7,317 Proposed: 5,025 Total: 12,342 Existing: 6,213 Proposed: 1,226 Total: 7,439 68,826 Residence 5,265 5,265 Garage 1,284 1,284 Swimming Pool/Spa 722 722 Pool Equipment 233 233 Guest House Stable (min. 450 SF) 479 479 Corral (existing; min. 550 SF) (1,006) (1,006) Recreation Court 1,697 1,697 Attached Covered Porched 377 353 730 Potting Shed 140 140 Aviary 76 76 Chicken Coop 83 83 Water Features, Etc. 294 294 Other 1,374 1,374 Total Structure Area 8,300 1,548 2,529 12,377 Structural Coverage (20% maximum) 18% Grading (balanced on site) 443 CY cut 443 CY fill 886 CY Total Flatwork 8,708 Total Structural and Flatwork 21,085 Total Lot Coverage (35% maximum) 30.6% Building Pad Coverage (Policy: 30% maximum) 31.8% 12.5% 29.9% Disturbed Area (40% maximum; up to 60% with slopes less than 3:1) No Change Increase Increase 34,355 49.9% 158 1 John Signo From:Sam Galletti <sgalletti@greatamericansfd.com> Sent:Monday, May 9, 2022 6:56 AM To:John Signo Subject:18 Eastfield Drive, Rolling Hillsc CA 90274 (Rich) Zoning Case No 21-16 Dear John,  My name is Salvatore (Sam) Galletti.  My wife and I own and live at 6 Outrider Road, Rolling Hills CA 90274.  I received  the notice of public hearing for 18 Eastfield Drive, Rolling Hills in my mail over the weekend.  I am absolutely in favor of the improvements to the property located at 18 Eastfield Drive.  As one of only a few property  owners that have unobstructed visual access to the lot improvements, I believe it will add great value to the overall view  from my yard and property.  Joe has been a great neighbor and has always maintained an excellent landscape.  I cannot  say the same for properties that are located specifically in between his lot and mine where we see mostly dead and  unhealthy growth of weeds that should be considered a fire hazard at the least.  It would seem rightfully fair that Mr.  Rich is allowed to move forward with his improvements.    Please feel free to share this email letter with the planning commission.    Regards,    Sam Galletti  President  Southwind Foods / Great American Seafood Imports Co.  323‐262‐8222 Office  323‐842‐7192 Mobile  www.southwindfoods.com     Please check our product catalog‐  http://productcatalog.southwindfoods.com/2020/welcome/      159 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Cover Sheet General Notes GN-1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS SHEET INDEX GN-1 LA-100.E1 LA-100.E2 LA-100.E3 LA-101.1 LA-101.2 LA-110.1 LA-201.1 LA-202.1 LA-401.1 Cover Sheet General Notes Existing Survey- Full Property Existing Survey- Rear Property Exist'g Conditions Photos Composite Survey Composite … Site Plan / Vicinity Map Grading Plan Schem… Site Plan Coverage Calculations Rear Yard Landscape Site Section Illustrative Landscape Plan MWELO Garden Accesssories IMAGERY GRAPHIC SYMBOLS 1 A1 1 A1 1 ROOM100ROOM NAME ROOM NUMBER KEY NOTE ELEVATION NUMBER SHEET NUMBERDETAIL NUMBERSHEET NUMBER WINDOW NUMBER DOOR NUMBER ARCHITECTURAL SYMBOLS CENTER LINE PROPERTY LINE SPOT ELEVATION EXISTING GRADE NEW GRADE HOUSE SEWER SANITARY SEWER GAS LINE ELECTRICAL LINE E SS HS ABBREVIATIONS AIR-CONDITIONING A/C ACOUSTICAL ACOUS. ABOVE FINISH FLOOR A.F.F. ALUMINUM ALUM. AT @ BUILDING BLDG. BRUSHED BR. CEMENT CEM. CEILING CLG. CLEAR OPENING CL.OPNG. CONSTRUCTION NOTE C.N. COLUMN COL. CONCRETE CONC. CONTINUOUS CONT. CONTRACTOR CONTR. CERAMIC TILE C.T. DETAIL DTL. DRINKING FOUNTAIN D.F. DIAMETER DIA. DIMENSION DIM. DOOR DR. DISHWASHER DW. DRAWING DWG. ELEVATION ELEV. ELECTRICAL ELEC. ELEVATOR ELEVAT. EXISTING EXIST. FLOOR DRAIN F.D. FIRE EXTINGUISHER F.E. FIRE HOSE CABINET F.H.C. FINISH FACE F.F. FINISH FIN. FLOOR FLR. FLORESCENT FLOUR. FACE OF STUD F.O.S. FABRIC WALL COVERING F.W.C GAUGE GA. GALVANIZED GAL. GARBAGE DISPOSAL GD. GLASS GL. GRANITE TILE G.T. GYPSUM BOARD GYP. BD. HARDWOOD HDWD. HARDWARE HDWR. HOLLOW METAL H.M. HEIGHT HGT. HEATING,VENTILATION H.V.A.C LAVATORY LAV. MAXIMUM MAX. METAL MTL. MANUFACTURER MFG. MINIMUM MIN. MARBLE TILE M.T MULLION MUL. MICROWAVE MW. NOT IN CONTRACT N.I.C NOT TO SCALE N.T.S. OVER ALL O.A. ON CENTER O.C. W00 D00 +000.00' G RICH RESIDENCE 18 EASTFIELD ROLLING HILLS , CALIFORNIA 90274 160 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Existing Survey- Full Property LA-100.E1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS PROJECT BOUNDARY PROJECT DESCRIPTION LANDSCAPE RENOVATION AND ADDITION OF RE-GRADING OF NEW LANDSCAPE TERRACE THESE SURVEYS ARE FOR OVERALL PROJECT SIZE AND SCALE REFERENCE ACCESSIBLE EQUESTRIAN TRAIL TOPOGRAPHICALLY INA C C E S S I B L E E Q U E S T R I A N T R A I L TOPOGRAPHICALLY INA C C E S S I B L E E Q U E S T R I A N T R A I L ACCESSIBLE EQUESTRIAN TRAIL AERIAL SURVEY OF ADJACENT PROPERTIES REFER TO SITE PLAN FOR DIMENSIONING TO OFF SITE BUILDINGS 161 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Existing Survey- Rear Property LA-100.E2 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS PROJECT BOUNDARY PROJECT DESCRIPTION LANDSCAPE RENOVATION AND ADDITION OF RE-GRADING OF NEW LANDSCAPE TERRACE EXISTING ROAD ACCESS TO BARN EXISTING BARN EXISTING CHICKEN COOP AND VEGETABLE GARDEN PAD # 2 PAD # 3 PAD # 1 162 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Exist'g Conditions Photos Composite Survey Composite Topography LA-100.E3 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS 930930935 935940 940945 945950 950955 955960 960965 965970970970 970970 975 975980980CONC FF 981.36 BLDG BLDGCONC POOL969.99976.60969.74969.91970.10970.31970.29976.48961.71955.39965.42977.89972.49976.26954.61957.62959.93936.84938.13945.08931.78935.09937.60937.44933.73948.02938.30963.05958.39961.44967.56970.637 7 7 7 7 7 E E E E E E EEEEEE E E E r r xY Ä 30.0' 11.4' 30.0'30.0'SPASWIMMING POOL (982.58)FS (981.36)FF (983.93)TW(982.43)FS (983.92)TW(982.44)FS (978.6) (977.1) (968.4)(971.3) (960.9) (960.8) (975.2)(976.6) (978.6) (982.29)FS (981.18)TW(978.4) (986.9) (988.26)FS (985.74)FS (983.98)FS (982.42)FS (981.51)FS (984.36)FS (985.10)FS (984.98)FS (984.34)FS (984.37)FS (985.06)FS (986.99)FS (988.17)FS (983.83)FS (984.14)FS (983.95)FS (983.99)FS (984.45)FS (985.13)FS (983.61)FS (983.69)FS(983.85)FS (984.07)FS (983.48)FS (983.77)FS (983.77)FS (983.84)FS (983.76)FS (981.70)FF (981.71)FS(983.66)FS (982.97)FS (982.19)FS (983.5) (981.0) (977.4) (981.1) (979.75)TW(977.98)FS (979.07)TW(978.37)TW (979.1) (979.1) (978.3) (975.2) (977.84)TW (977.9) (977.8) (981.14)FS (973.0) (974.2) (973.0) (977.9) (977.2) (975.0) (974.1) (972.4) (980.06)FS (969.79)FF (978.56)TW(980.29)TW (972.40)FS(976.55)FS (970.83)FS (971.58)TW(971.1) (976.44)FS (972.45)FS (977.88)FS (972.50)FS (970.88)TW (970.58)FS (970.03)FS (970.05)FS (970.02)FS (969.83)FS (969.90)FS (969.91)FS (981.27)FS (981.76)FS (975.2) (979.4) (977.4)(974.1) (973.6) (959.5) (969.59)FS DIRT DIRT DIRT GRASS TRASHENCLOSURE GATE EDGE OF ROAD DIRT DIRT DIRT DIRT GRASS CHIMNEY BIRDCAGE LANDSCAPING GARAGE C C 930930930935935940 940945945950950950 955955955 960960960965 965965970 970975980926927928929931931932932933933934934936936937937938938939939941941942942943943944944946946947947948948948949949949951951951 952952952 953953953 954954954 956956956957957957958958958959959959961961961 962962962963 963963964964964966966966967967967968968968969969969971 971972972 973973 974976977978979981 EASTFIELDDRIVECLN73°47'59"W 529.25' S79°44'27"E 558.79'N12°02'45"E 110.00'N67°37'36"W30.00'S19°28 '00 "E 75.43 'N70°32'00"E30.00'R=225.00'Δ=36°02'31"L=141.54'LOT 69RS 58/6-10 LOT 68RS 58/6-10 LOT 70RS 58/6-10 OUTRIDER ROAD 963.50 0 10 20 Scale 1" = 20' - 0" 30 40 NORTH 6,549 sq ft N SCALE: 1" = 20' 1 Existing Conditions - Composite Survey With Current Photos of Site LA-100.E3 PHOTO #1 AT NORTH DRIVEWAY LOOKING TOWARDS FRONT DOOR AREA AND NORTH GARAGE PHOTO #3 AT HOUSE LOOKING TO POOL AREA 1 2 PHOTO #4 AT ROADWAY LOOKING TO HOUSE PHOTO #5 AT WALKWAY LOOKING TO BARN AND PROPOSED PICKLE BALL COURT PHOTO #6 AT PROPOSED PICKLE BALL COURT LOOKING AT CONSTRUCTED WALL PHOTO #7 LOOKING TOWARDS EXIST'G BARN PHOTO #8 LOOKING TOWARDS EXIST'G STORM WATER RUNOFF RIP RAP PHOTO #9 AT CORNER OF EXIST'G BARN LOOKING TOWARDS CORNER AT BACK OF PROPERTY PHOTO #10 AT CORNER OF EXIST'G BARN LOOKING UP THE SLOPE ALONG PROPERTY LINE TOWARDS POOL AREA PHOTO #11 AT POOL DECK LOOKING SOUTH AT ADJACENT PROPERTY'S VIEW OF SUBJECT PROPERTY PHOTO #12 AT AVIARY LOOKING SOUTH TOWARDS UPPER LAWN AREA PHOTO #13 LOOKING AT AVIARY TOWARDS POOL AREA PHOTO #14 AT REAR HOUSE CORNER BY AVIARY LOOKING TOWARDS FRONT YARD PHOTO #15 AT FRONT HOUSE CORNER LOOKING TOWARDS REAR ALONG PROPERTY LINE SIDE YARD AREA PHOTO #16 AT FRONT HOUSE CORNER LOOKING TOWARDS FRONT DRIVEWAY AREA 3 4 PHOTO #2 AT SOUTH DRIVEWAY LOOKING TOWARDS SOUTH GARAGE AND SOUTH DRIVEWAY 5 6 7 8 910 1112 13141516 163 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Site Plan / Vicinity Map Grading Plan Schematic Drainage Plan LA-101.1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS 930930935 935940 940945 945950 950955 955960 960965 965970970970 970970 975 975980980CONC FF 981.36 BLDG BLDGCONC POOL969.99976.60969.74969.91970.10970.31970.29976.48961.71955.39965.42977.89972.49976.26954.61957.62959.93936.84938.13945.08931.78935.09937.60937.44933.73948.02938.30963.05958.39961.44967.56970.637 7 7 7 7 7 E E E E E E EEEEEE E E E r r x Y Ä 1,006 sq ft 981.00 FS 973.30 FGHOUSE TERRACE 970.15 FG 977.50 FS 974.00 FG970.25 FS973.00 FG978.00 FG978.00 FG971.00 FG 964.25 FS +/- 974.54 FG 964.50 FS 964.00 FS 964.25 FS 963.75 FS 964.50 FG 964.50 FG 24" MAX HEIGHT ROCK RUBBLE WALL (HEIGHT VARIES) W/ 6" PERFORATED DRAINLINE MAINTAIN GRADE ELEVATION @ SEPTIC MAN HOLE EROSION CONTROL PROPERTY OUTLET TO CANYON PROVIDE 5' X 5' X 12" DEPTH GABION MATTRESS BELOW EXIST'G ENERGY DISSIPATOR EXISTING BARN 964.00 FS 966.00 FG981.00 FS 976.00 TW 971.00 BW978.00 FG 979.00 FG 971.00 FS 973.00 FS967.00 FG 966.50 BW 958.00 BW HP RAKE WALL WITH GRADE- WALL HEIGHT 6" MINIMUM ABOVE FINISHED GRADE 8" CURB AT EDGE OF GRAVEL ROAD - AS REQUIRED PICKLE BALL COURT SURFACE 1696.50 SQ FT IMPERVIOUS ADDITONAL RAKE WALL WITH GRADE- WALL HEIGHT 6" MINIMUM ABOVE FINISHED GRADE 962.80 FS 973.25 TW 967.50 TW 967.25 TW 973.25 TW 969.00 TW 960.50 TW EXISTING POOL DECK DRAINAGE SYSTEM TO REMAIN EXISTING POOL DECK DRAINAGE SYSTEM TO REMAIN 969.75 FS967.25 FS 969.75 FG 969.50 FG966.75 FS 963.80 FS 969.60 FG 968.25 FS 966.30 FS 58'-0"29'-3"23'-0"38'-8"34'-4"18'-7"182'-3 "154'-0"51'-2"7 6 ' - 0 " 479 sq ft 5,614 sq ft 9509559602.5 : 1 SLOPE PROPOSED CHICKEN COOP 83 SF PROPOSED 10X14 POTTING SHED EXIST'G POOL HOUSE SUMMER KITCHEN EXIST'G AVIARY BRIDGE 974.40 FS 938938937 ROADWAY WALL936.50 TW934.00 BW937939940941942943944945946947948949950951952953954955956957958959960933935 936NEW FENCE & GATE 938.25941COURT 937.85 FS 937.60 FG945944 951.50 TW 949948947946945949944943942948.50 TW 946.50 TW 942.50 TW951942.01942.25945.75946.07949.13949.69952.49950951952.67952953954.20954954.56959 955950949948947946945944943951952953954955956.09 956.45 957.98 956957958958.54 958.99 959.20 959.10 960961.75961.99964.54967.20964.75GRASS STEPS 10% GRADE 964.70 FS ALIGN W/ WALKWAY .04 .04 .04 .04 .04 .04 .04 .03 NOTES & KEY STAIR TREADS 6" RISER 14" TREADS W/ 1% DRAINAGE DRAINAGE 16" MINIMUM CATCH BASIN ATRIUM GRATE FINISH SURFACE / FLUSH GRATE PERFORATED DRAINAGE LINE W/ GEOSYNTHETIC FILTER CLOTH EASEMENT LINE INDICATION EXIST'G PATIO 926927PROPOSED FLOWER GARDEN PROPOSED FLOWER GARDEN PROPOSED POND CONSTRUCTED WALL PERMITTED AFTER BUILTPAD #1 PAD #2 PAD #3 GRADING KEY CUT FILL 443. cubic yards 443. cubic yards EXIST'G RIP-RAP PAD #2 PAD #2 9 3 5 WALL 937.00 TW 934.75 BW 940.00 TW 937.80 BW 940.00 TW 938.40 BW 940.00 TW 937.80 BW 941.00 TW 939.80 BW 940.00 TW 938.40 BW 942.00 TW 939.80 BW 942.80 TW 939.80 BW REMOVE 1'-3" FROM TOP OF WALL BEDROCK TO BE EXPOSED 941.00 TW 939.80 BW 940.00 TW 939.80 BW NEW 30" HIGH MAX. STACK STONE WALL W/ PLANTER EXISTING WALL MAX EXPOSED HEIGHT 30"937936TENNIS COURT AND CABANA GARAGEGUEST HOUSE RESIDENCE DISTANCE TO THE OUT BUILDING & STABLE CITY BOUNDARY963963 961 965 971 INV 955 956 957 958 959 960 954966967967968968969969 964966967968974965964963962961969970966 967 968 969 965 964 963 966967968969970 965963962961960959958962 973.25 WL972 INV 975 WL 973 INV 970 ROCK STAIRS DOWN SLOPE 960.50 BW 963.00 TW974.00 FG975.00 FG 977.00 FG EXIST'G CORRAL CONVERGE NEW DG PATH INTO EXIST'G PATH 976.00 FG 973972936936 971 N SCALE: 1" = 10' 1 Site Plan / Vicinity Map / Grading & Schematic Drainage Plan LA-101.1 164 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Site Plan Coverage Calculations LA-101.2 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS 930930935 935940 940945 945950 950955 955960 960965 965970970970 970970 975 975980980CONC FF 981.36 BLDG BLDGCONC POOL969.99976.60969.74969.91970.10970.31970.29976.48961.71955.39965.42977.89972.49976.26954.61957.62959.93936.84938.13945.08931.78935.09937.60937.44933.73948.02938.30963.05958.39961.44967.56970.637 7 7 7 7 7 E E E E E E EEEEEE E E E r r xY Ä 30.0' 11.4' 30.0'30.0'SPASWIMMING POOL (982.58)FS (981.36)FF (983.93)TW(982.43)FS (983.92)TW(982.44)FS (978.6) (977.1) (968.4)(971.3) (960.9) (960.8) (975.2)(976.6) (978.6) (982.29)FS (981.18)TW(978.4) (986.9) (988.26)FS (985.74)FS (983.98)FS (982.42)FS (981.51)FS (984.36)FS (985.10)FS (984.98)FS (984.34)FS (984.37)FS (985.06)FS (986.99)FS (988.17)FS (983.83)FS (984.14)FS (983.95)FS (983.99)FS (984.45)FS (985.13)FS (983.61)FS (983.69)FS(983.85)FS (984.07)FS (983.48)FS (983.77)FS (983.77)FS (983.84)FS (983.76)FS (981.70)FF (981.71)FS(983.66)FS (982.97)FS (982.19)FS (983.5) (981.0) (977.4) (981.1) (979.75)TW(977.98)FS (979.07)TW(978.37)TW (979.1) (979.1) (978.3) (975.2) (977.84)TW (977.9) (977.8) (981.14)FS (973.0) (974.2) (973.0) (977.9) (977.2) (975.0) (974.1) (972.4) (980.06)FS (969.79)FF (978.56)TW(980.29)TW (972.40)FS(976.55)FS (970.83)FS (971.58)TW(971.1) (976.44)FS (972.45)FS (977.88)FS (972.50)FS (970.88)TW (970.58)FS (970.03)FS (970.05)FS (970.02)FS (969.83)FS (969.90)FS (969.91)FS (981.27)FS (981.76)FS (975.2) (979.4) (977.4)(974.1) (973.6) (959.5) (969.59)FS DIRT DIRT DIRT GRASS TRASHENCLOSURE GATE EDGE OF ROAD DIRT DIRT DIRT DIRT GRASS CHIMNEY BIRDCAGE LANDSCAPING GARAGE C C 930930930935935940 940945945950950950 955955955 960960960965 965965970 970975980926927928929931931932932933933934934936936937937938938939939941941942942943943944944946946947947948948948949949949951951951 952952952 953953953 954954954 956956956957957957958958958959959959961961961 962962962963 963963964964964966966966967967967968968968969969969971 971972972 973973 974976977978979981 EASTFIELDDRIVECLN73°47'59"W 529.25' S79°44'27"E 558.79'N12°02'45"E 110.00'N67°37'36"W30.00'S19°28 '00 "E 75.43 'N70°32'00"E30.00'R=225.00'Δ=36°02'31"L=141.54'LOT 69RS 58/6-10 LOT 68RS 58/6-10 LOT 70RS 58/6-10 OUTRIDER ROAD 963.50 0 10 20 Scale 1" = 20' - 0" 30 40 NORTH 26,083 6,549 sq ft 1,006 sq ft 12,342 7,439 479 sq ft 5,614 sq ft EXIST'G PATIO PAD #1 PAD #2 PAD #3 PAD #2 PAD #2 PAD #1 CITY BOUNDARYN SCALE: 1" = 20' 2 Composite Survey Overlay - Site Plan - Building Pad Coverage Calculations LA-101.2 PAD SUMMARY PAD #1 26,083 SQ FT PAD #2 12,342 SQ FT PAD #3 7,439 SQ FT 165 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Rear Yard Landscape Site Section LA-110.1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS PAD #3 EXISTING STABLE AND TURNOUT AREA LEVEL NEW LAWN TERRACE LEVEL W/ EXISTING AVIARY BEHIND PAD #1 EXISTING HOUSE TERRACE LEVEL NEW PICKLE BALL COURT WITH NEW WALLS PAD #2 POOL LEVEL W/ POOL HOUSE AND SPA 11'-6"REMOVE 1'-3" FROM TOP OF EXISTING WALL 930 936937.80938.40 942.80 954.50956 957958 962.25 937.60 941 940 NEW LOWER WALL HT NEW GARDEN TERRACE LEVEL W/ POTTING SHED & CHICKEN COOP PROPERTY LINE & CITY BOUNDARY EXISTING SLOPE FOR NEW ORCHARD NEW PATH GRADE FILL 5'-0" MAXIMUM FILL DEPTH GRADE CUT 3'-6" MAXIMUM GRADE CUT GRADE CUT MAXIMUM 2'-6" NEW STAIRS NEW POTTING SHED NEW CHICKEN COOP EXIST'G POOL HOUSE EXIST'G AVIARY 964.25 NEW GARDEN PAD SCALE: 1" = 10' 1 Rear Yard Landscape Site Section LA-110.1 166 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Illustrative Landscape Plan LA-201.1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS 1,006 sq ft 479 sq ft 5,614 sq ft ORCHARD PUMPKIN PATCH SQUASH GARDEN PAD #1 PAD #2 PAD #3 PAD #2 PAD #2 EXISTING LANDSCAPE EXISTING LANDSCAPE TURF TURF TURF STAIRS HEDGE LINE TREES Code Botanical Common Plant Type Water Size Quantity AGO FLE Agonis flexuosa 'Jervais Bay After Dark'After Dark Peppermint Tree Tree Low, Medium 24" Box TBD ALB JUL Albizia julibrissin Silk Tree Tree Low 24" Box 7 ARB MAR Arbutus 'Marina'Marina Strawberry Tree Tree Low 24" Box 3 CHO SPE Ceiba speciosa Silk Floss Tree Tree Low, Medium 24" Box 10 COT COG Cotinus coggygria Smoke Bush Tree Low 15 Gallon TBD FEI SEL Feijoa sellowiana Pineapple Guava Tree Low 15 Gallon 7 LAG NAT Lagerstroemia indica 'Natchez'Natchez Crape Myrtle Tree Low 24" Box 11 SHRUBS Code Botanical Common Plant Type Water Size Quantity CAL HAE Calliandra haematocephala Pink Powder Puff Shrub Low, Medium 15 Gallon 19 CIS PUR Cistus x purpureus Purple Rockrose Shrub Very Low, Low 5 Gallon 100 ECH FAS Echium candicans Pride Of Madeira Shrub Low 15 Gallon 26 LAN TRA Lantana camara 'Trailing Yellow'Trailing Lantana Yellow Shrub Very Low, Low 1 Gallon 100 PHO DDI Phormium 'Black Adder'Black Adder Flax Shrub Low, Medium, Extra in Summer 5 Gallon 30 SAL LEU Salvia leucophylla Purple or Gray Sage Shrub Very Low 5 Gallon 50 GROUND COVERS Code Botanical Common Plant Type Water Size Quantity ERI KAR Erigeron karvinskianus Santa Barbara Daisy, Mexican Daisy Ground cover Low, Extra in Summer 1 Gallon 500 MYO PAR Myoporum parvifolium Ground Cover Myoporum Ground cover Low, Extra in Summer Flat 200 SED RUB Sedum confusum Stonecrop Ground cover Low 4" Pots (16 / Flat)TBD SUCCULENTS Code Botanical Common Plant Type Water Size Quantity ALO ARB Aloe arborescens Tree Aloe Succulent Very Low 5 Gallon 50 ALO STR Aloe striata Coral Aloe Succulent Low 1 Gallon 25 ECH AFT Echeveria 'Afterglow'Afterglow Echeveria Succulent Low 6" Pot TBD ECH NEO Echeveria 'Neon Breakers'Zorro Echeveria Succulent Low 6" Pot TBD ECH PER Echeveria 'Perle Von Nurnberg'Echeveria 'Perle Von Nurnberg'Succulent Low 6" Pot TBD ECH RUF Echeveria 'Ruffles'Ruffles Echeveria Succulent Very Low, Low 6" Pot TBD PERENNIALS Code Botanical Common Plant Type Water LAV ANG Lavandula angustifolia 'Hidcote Giant'Hidcote Superior English Lavender Perennial Low 5 Gallon 50 LAV ANG Lavandula angustifolia 'Munstead'Munstead Dwarf Lavender Perennial Low 1 Gallon 200 LAV DEN Lavandula dentata French Lavender Perennial Low 5 Gallon 199 CITY BOUNDARY930930935 935940 940945 945950 950955 955960 960965 965970970970 970970 975 975980980CONC FF 981.36 BLDG BLDGCONC POOL969.99976.60969.74969.91970.10970.31970.29976.48961.71955.39965.42977.89972.49976.26954.61957.62959.93936.84938.13945.08931.78935.09937.60937.44933.73948.02938.30963.05958.39961.44967.56970.637 7 7 7 7 7 E E E E E E EEEEEE E E E r r x Y Ä N SCALE: 1" = 10' 1 Illustrative Landscape Plan LA-201.1 167 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE MWELO LA-202.1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS LANDSCAPE CERTIFICATION FORM - Required at Final Inspection Project Information: Site Address: ___________________________________________________________________ Permit Number: _________________________________________________________________ Section A: Landscape Designer _____ I certify that I am qualified by the State of California to perform landscape design services; the landscape design and water use calculations for this project were prepared by me or under my supervision; the landscape design and water use calculations comply with the requirements of Chapter 13.18 Water Efficient Landscape Ordinance, and the Landscape Documentation Package is complete; OR _____ Interior T.I., no landscape work performed (do not need to complete sections B or C below); OR _____ This project is not subject to Chapter 13.18 Water Efficient Landscape Ordinance. Name: _________________________________________________________________________ Company Name (if applicable): _____________________________________________________ Relationship to Project:___________________________________________________________ State License # (if applicable): ______________________________________________________ Signature: ______________________________________ Date:__________________________ Section B: Landscape Installer _____ I certify that (a) I am qualified by the State of California to provide landscape design services; the landscape project for this project was installed by me or under my supervision; (b) the landscaping for the identified property has been installed in substantial conformance with the approved Landscape Documentation Package and complies with the requirements of Chapter 13.18 Water Efficient Landscape Ordinance; (c)a diagram of the irrigation plan showing hydrozones is kept with the irrigation controllers; (d) the Certificate of Completion has been completed in compliance with the requirements of the Water Efficient Landscape Ordinance and shall be implemented. Name: _________________________________________________________________________ Company Name (if applicable):_____________________________________________________ Relation to Project:_______________________________________________________________ State License #(if applicable):_______________________________________________________ Signature: ___________________________________ Date: _____________________________ 18 EASTFIELD ROLLING HILLS, CA 90274 X GREGORY W GEORGE, LANDSCAPE ARCHITECT STUDIO GWG LA 6230 WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Reference Evapotranspiration (ETo)=39.7 (annual ETo for Signal Hill/Long Beach per State Reference Table) Hydrozone# /Planting Descriptiona Plant Factor (PF) Irrigation Methodb Irrigation Efficiency (IE)c ETAF (PF/IE) Landscape Area (sq. ft.) ETAF x Area Estimated Total Water Use (ETWU)e Regular Landscape Areas Totals (A)20,501 (B)7,563.22 Special Landscape Areas Totals (C)3,745 (D)2,059.75 ETWU Total Maximum Allowed Water Allowance (MAWA)e aHydrozone#/PlantingDescription bIrrigation Method cIrrigation Efficiency dETWU(Annual Gallons Required)= E.g overhead spray 0.75 for spray head Eto x 0.62xETAFx Area 1) front lawn or drip 0.81 for drip where 0.62 is a conversion factor 2) low water use plantings that converts acre-inches per acre 3) medium water use planting per year to gallons per square foot per year. eMAWA(Annual Gallons Allowed) = (Eto) (0.62) [ (ETAFx LA) + ((1-ETAF)x SLA)] where 0.62 is conversion factor that converts acre-inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0.45 for non-residential areas. ETAF Calculations Regular Landscape Area Regular Landscape Area A copy of this form may be obtained from Department of Water Resources website: https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model- Water-Efficient-Landscape-Ordinance Total ETAFx Area (B)7,563.22 Total Area (A)20,501.00 Average ETAF B ÷ A .37 Total ETAFx Area (B+D) 9,622.97 Total Area (A+C) 24,246.00 Sitewide ETAF (B+D) ÷ (A+C) .40 Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non-residential areas. #1 TURF #2 POOLS #3 SHRUBS #4 GARDENS & ORCHARDS 0.7 1.0 0.4 SPRAY N/A DRIP 0.75 1.00 0.81 0.93 1.00 0.32 5,614891 13,996 3,745 143,404 21,931 35,720 50,699 251,754 328,235 5,221.02 891.00 1,451.20 2,059.75 APPLICANT & PROJECT INFORMATION Name: ________________________________________________________________________ Phone:________________________________________________________________________ Address:_______________________________________________________________________ Email:_________________________________________________________________________ Project Site Address: ___________________________________________________________________ Project Type (new dwelling or rehab): _______________________________________________ _____ The current project does not include landscaping. I am aware that future landscape installations may be required to comply with the City of Rolling Hills Water Efficient Landscape Ordinance Chapter 13.18. _____ This project does incorporate landscaping. (Please provide the information below specific to the landscape area which will be completed as part of this project and specify the compliance method to be used): Total Landscape Area (sq. ft.): ________________ Turf Area (sq. ft.): ______________________ Non-Turf Plan Area (sq. ft.): ______________Special Landscape Area (sq. ft.): _______________ Water Type (potable, recycled, well):________________________________________________ Name of water purveyor (If not served by private well):_________________________________ Project Description Signature I certify the above information is correct and agree to comply with the requirements of Chapter 13.18 Water Efficient Landscape Ordinance. _____________________________________________ Signature of property owner or authorized representative __________________ Date GREGORY W GEORGE, LANDSCAPE ARCHITECT 310 686 5202 318 AVENUE I, #154 REDONDO BEACH, CA 90277 STUDIOGWG@GMAIL.COM 18 EASTFIELD DRIVE LANDSCAPE PROJECT X 24,246 SQ FT 5,614 SQ FT 18,632 SQ FT 3,745 SQ FT POTABLE WATER CALIFORNIA WATER SERVICE RENOVATION OF EXISTING LANDSCAPE AND ADDITIONAL ORCHARD AND VEGETABLE GARDEN DEVELOPMENT, INCLUDING GRADING, DRAINAGE, AND LANDSCAPE CONSTRUCTION, FEATURING A CHICKEN COOP AND POTTING SHED. MARCH 23, 2022 168 THESE DRAWINGS AND SPECIFICATIONS, AS AN INSTRUMENT OF SERVICE ARE THE PROPERTY OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND SHALL NOT BE COPIED IN PART OR IN WHOLE WITHOUT WRITTEN PERMISSION GREGORY W GEORGE, LANDSCAPE ARCHITECT. WRITTEN DIMENSIONS TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE AND ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF GREGORY W GEORGE, LANDSCAPE ARCHITECT, AND/OR THE ENGINEER OF RECORD PRIOR TO COMMENCEMENT OF WORK for mail: 318 Avenue I, #154 Redondo Beach, California 90277 310.686.5202studioGWG@gmail.com LA6230 RICHRESIDENCE18 EASTFIELDROLLING HILLS,CALIFORNIA 90274PUBLISH VERSION / file name: Rich_Joe_Landscape Plan_04.pln PRINT DATE 5/2/22 SHEET TITLE Garden Accesssories IMAGERY LA-401.1 DESIGN DEVELOPMENT PROGRESS PRINT Studio GWG LANDSCAPE ARCHITECTURE ARCHITECTURE PROJECT MANAGEMENT PLANNING /Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln/Users/studiogwg/Dropbox/#StudioGWG Projects/Rich, Joe/Rich_Joe_Landscape Plan_04.pln PUBLISH VERSION CONSULTANTS POTTING SHED - GREENHOUSE CHICKEN COOP - HEN HOUSE 6'-0"18'-0" 10'-0"14'-0" 12'-0" 8'-0" MAXIMUM HT. 169 RESOLUTION NO. 2005-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE AND CORRAL; GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A RECREATION ROOM; GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR DEVELOPMENT ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 703, AT 18 EASTFIELD DRIVE, (LOT 69- A-EF), (RICH). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application has been filed by Mr. and Mrs. Joseph Rich, with respect to real property located at 18 Eastfield Drive, (Lot 69-A-EF), Rolling Hills, requesting a Site Plan Review for grading and construction of a 450 square foot stable with 360 square foot covered porch and a corral, Conditional Use Permit to convert an existing 320 square foot stable into a recreation room, a Variance to exceed the maximum permitted disturbed area of the lot and a Site Plan Review for the proposed development on a property that requires Planning Commission review, due to existing structural development restriction approved in 1996 and in 1998. An addition of 446 square feet to the existing basement and modification to the entryway are also proposed. Section 2. In 1996, the Planning Commission approved a Site Plan Review request for a new single family residence and other improvements to replace an existing residence on subject property. On July 21, 1998, the Planning Commission approved a Conditional Use Permit to construct a cabana and modification to the 1996 Site Plan Review approval for additional grading. Both, the 1996 and 1998 Resolutions of Approval contain a condition that any further development on the property is subject to Planning Commission review and approval. Section 3 The Planning Commission conducted duly noticed public hearings to consider the request in Zoning Case No. 703 on April 19, 2005, May 17, 2005 and at a field trip on May 17, 2005. The applicants were notified of the hearings in writing by first class mail. Evidence was heard and presented from all persons interested in said proposal. The Planning Commission heard a report from the City staff and reviewed, analyzed and studied the proposal. The applicants and the applicants' representative were in attendance at the hearings. 06 1316073 170 Section 4. The City staff received a letter from a neighbor objecting to the proposed location of the stable. The Planning Commission reviewed and analyzed the letter and scheduled a visit to view the proposed project from the objecting neighbor's property. Prior to the field trip, the neighbor submitted a letter recanting her objection and requesting that the field trip to view the project from her property be cancelled. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section b Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development requiring a grading permit or any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application for grading for the stable and corral and the restriction placed in 1996 and 1998 on any future development on subject property the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, and surrounding uses because the proposed stable complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures, and equestrian uses. The project conforms to Zoning Code setbacks and the grading will be minimal. B. The project substantially preserves the natural and undeveloped state of the lot. The proposed stable will be constructed on an existing building pad and minimal grading is required. The project is of sufficient distance from nearby residences so that the stable will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site. Although the disturbed net lot area exceeds the maximum permitted, the proposed project is consistent with the scale of the neighborhood when compared to properties in the vicinity. The grading for the stable and corral will increase the disturbed lot area by 8.5%, which is minimal. D. The development plan incorporates existing vegetation to the maximum extent feasible. The development plan substantially preserves the natural and undeveloped state of the lot and the stable will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space. 06 1316073 171 E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. No new stable access from Outrider Road or Eastifeld Drive is proposed. F. The proposed project is to construct a stable and corral area of sufficient size that meets all standards for vehicular access thereto in conformance with site plan review requirements. G. The project is exempt from the requirements of the California Environmental Quality Act. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 48.4%, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the total disturbance is necessary because the configuration, and topography of the lot create a difficulty in meeting this Code requirement. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because of the existing conditions of the lot. The existing 320 square foot stable is located in proximity to the cabana and swimming pool and is not utilized for a stable. The proposed stable will be located away from the living area" of the lot and will retain an equestrian flavor. The stable will only minimally affect the disturbance of the lot. 328 cubic yards of grading is required for this construction, which includes excavation for a basement. One of the goals of the General Plan is to encourage construction of equestrian uses, which this Variance would accommodate. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. All development will occur within required setbacks, and will be adequately screened to prevent adverse visual impact to surrounding properties. 16 1316073 172 Section 8. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a recreation room under certain conditions, provided the Planning Commission approves a Conditional Use Permit. The applicant is requesting to convert the existing 320 square foot stable into a recreation room. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the recreation room would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed for the recreation room would be located in an area on the property where such use will not change the existing configuration of structures on the lot. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the conversion will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed recreation room will be located in a cluster with other structures and will promote pad integration. The proposed recreation room is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the recreation room will comply with the low profile residential development pattern of the community. D. The proposed conditional use complies with all applicable development standards of the zone district because the 320 square foot size of the recreation room is less than the maximum permitted under the Municipal Code. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. 1 F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because an adequate area is set -aside for the construction of a stable structure, adjacent corral and access. Section 9. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Site Plan Review for grading and construction of a 450 square foot stable, a Variance request to exceed the maximum permitted disturbance of the lot and a Conditional Use Permit to convert an existing 320 square foot stable into a recreation room, and a Site Plan Review for the total proposed development due to the restriction placed on the previously approved applications for subject property, in accordance with the Q7361316 173 development plan dated March 28, 2005 and marked Exhibit A in Zoning Case No. 703 subject to the following conditions: A. The Site Plan, Variance and Conditional Use Permit approvals shall expire within two years from the effective date of approval if work has not commenced as defined in Sections 17.38.070, 17.42.070 and 17.46.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the permit, or shown otherwise on an approved plan. This shall include, but not be limited to, the requirements of the Outdoor Lighting Ordinance, Undergrounding of Utilities Ordinance, Roof Covering Ordinance and others. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated March 28, 2005, except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 9,254 square feet or 14.8% in conformance with lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 20,352 square feet or 32.6% in conformance with lot coverage limitations. G. The disturbed area of the lot shall not exceed 30,236 square feet or 48.4% in conformance with the Variance approval. H. Building pad coverage on the stable pad shall not exceed 25.6%; including the covered patio. Building pad coverage on the residential building pad shall not exceed 31.5% including covered porches and 28.8% not including covered porches. I. Grading for the stable and excavation for the basement shall not exceed 328 cubic yards of cut and 328 cubic yards of fill and shall be balanced on site. J. The stable and recreation room shall be screened from adjacent properties. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views from neighboring properties, but to screen these structures 06 1316073 174 on the lot. If trees are to be incorporated into the landscaping scheme, at maturity they shall be no higher than the ridge height of the stable and the recreation room on the lot. K. The stable and corral shall be located a minimum of twenty-five feet from the rear property line and twenty feet from the side property line. L. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal Code. M. No kitchen or other cooking facilities shall be permitted in the recreation room. No sleeping quarters shall be permitted in the recreation room. N. The stable shall be used exclusively for keeping permitted domestic animals. Commercial uses are not permitted. O. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. P. During construction, conformance with the Air Quality Management District requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices shall be required so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. Q. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. R. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. S. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. If any walls are to be incorporated into the design of this project, they shall not be located in any setback nor shall they exceed 3-feet in height. 06 1316073 175 U. The drainage plan system shall be approved by the Planning Department and the County Drainage Engineer and shall assure that any water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner and shall remain on the property and not cross over any easements. V. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. W. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. X. The project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any permits. Y. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. Z. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development or grading, shall require the filing of a new application for approval by the Planning Commission. AA. The applicants shall execute an Affidavit of Acceptance of all conditions of this Site Plan, Conditional Use Permit and Variance approvals, pursuant to Sections 17.38.060, 17.42.060 and 17.46.065 of the Zoning Ordinance, or the approval shall not be effective. AB. All conditions of this Site Plan Review, Conditional Use Permit and Variance approval, which apply, must be complied with prior to .the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 14th DAY OF JUNE 2005. ROG R SbMMER, CHAIRMAN ATTEST: T. MARILYN L. KERN, DEPUTY CITY CLERK 06 1316073 176 t STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE AND CORRAL; GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A RECREATION ROOM; GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR DEVELOPMENT ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 703, AT 18 EASTFIELD DRIVE, (LOT 69- A-EF), (RICH). was approved and adopted at an adjourned regular meeting of the Planning Commission on June 14, 2005 by the following roll call vote: AYES: Commissioner DeRoy, Hankins, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK 06 1316073 177 RESOLUTION NO. 98-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT FOR A CABANA AND APPROVING A REQUEST FOR MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW APPLICATION TO PERMIT THE CONSTRUCTION OF A CABANA THAT REQUIRES INCREASED GRADING AT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 579. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. and Mrs. Russell Cole Shoemaker with respect to real property located at 18 Eastfield Drive (Lot 69-A-EF), Rolling Hills requesting a Conditional Use Permit to permit the construction of a cabana and request for Site Plan Review modification to permit the construction of a cabana that requires increased grading at a single family residential development. Section 2. On December 17, 1996, the Planning Commission approved a request for Site Plan Review application by Resolution No. 96-21 in Zoning Case No. 546 for the construction of a new single family residence, and other improvements to replace an existing single family residence. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the applications on May 19, 1998 and June 16, 1998, and at a field trip visit on June 9, 1998. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption (State CEQA Guidelines, Section 15303(e) . and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a Cabana or detached recreation room with a Conditional Use Permit under certain conditions. The applicant is requesting to construct a 220 square foot cabana. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the cabana would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed ,for the cabana would be located in an area on the property where such use will not change the existing configuration of structures on the lot. RESOLUTION NO. 98-14 PAGE 1 98 1701309 f b;:tA- 178 B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of cabana will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed cabana structure will be 90 feet from the residential structure and is a sufficient distance from nearby residences so that the cabana will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the cabana will comply with the low profile residential development pattern of the community and is located on a 1.74 acre parcel of property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district because the 220 square foot size of the cabana is less than the 800 square foot maximum permitted for similar accessory buildings and the cabana does not encroach into any setback areas. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because the cabana will be adjacent to the pool. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves a Conditional Use Permit for the construction of a cabana in accordance with the Development Plan attached hereto in Zoning Case No. 579 subject to the conditions contained in Section 9. Section 7. Section 17.46.010 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building or structure by more than twenty-five percent (25%) in any thirty-six month period. In addition, a condition of Resolution No. 96-21 required that any modifications to the project which would constitute additional structural development requires the filing of a new application for Site Plan Review approval by the Planning Commission. The applicant is requesting to modify the approved Site Plan by constructing a cabana that requires increased grading. The applicant's latest proposal submitted on April 6, 1998, includes additional grading of 85 cubic yards of cut soil and 85 cubic yards of fill soil for a total of 565 cubic yards of cut soil and 565 cubic yards of fill soil. With respect to this request, the Planning Commission makes the following findings of fact: RESOLUTION NO. 98-14 PAGE 2 98 1701309 179 A. The development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed grading together with the other improvements on the property complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. The project as modified conforms to Zoning Code setback and lot coverage requirements. The lot has* a net square foot area of 62,471 square feet. The residence (5,079 sq.ft.), attached garage (1,192 sq.ft.), swimming pool 624 sq. ft.), existing stable (320 sq.ft.), service yard (96 sq.ft.); and cabana (220 sq.ft.) will have 7,531 square feet which constitutes 12.1% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 18,571 square feet which equals 29.7% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large lot with the proposed structures located away from the road so as to reduce the visual impact of the development and is similar and compatible with several neighboring developments. The building pad is 26,786 square feet and structural coverage on the building pad is 28.1%. B. The proposed development preserves, and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because a minimum amount of grading is proposed and will only be done to provide approved drainage that will flow away from the proposed residence and existing neighboring residences. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the east side (rear) of this lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will _not cause the structural and total lot._coverage to be exceeded. The residential and total lot coverage will not exceed the Planning Commission's established guideline. Further, the proposed project is designed to minimize grading. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the northerly portions of the property. F. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum will not be exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this RESOLUTION NO. 98-14 PAGE 3 98 1701309 180 irregular -shaped lot. Grading shall be permitted only to restore the natural slope of the property. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the same driveway to Eastfield Drive for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves a modification to an approved Site Plan Review application to allow the proposed increased grading on the site for a cabana. The modifications are shown on the Development Plan and marked Exhibit A in Zoning Case No. 579. These approved modifications are subject to the conditions contained in Section 9 of this Resolution. Section 9. The Conditional Use Permit for a cabana approved in Section 6 and the modification to permit the increased grading for the cabana from the amount previously approved in the Site Plan Review application, that is approved in Section 8, as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A in Zoning Case No. 579, are subject, to the following list of conditions. These conditions include applicable conditions of approval previously imposed on the Site Plan Review application by Resolution No. 96-21 on December 17, 1996. To the extent these conditions duplicate prior conditions imposed on this project, the conditions set forth herein shall be considered as continuations of those prior requirements: A. The Conditional Use Permit and Site Plan Review approvals shall expire within one year from the effective date of approval as defined in Sections 17.42.070(A) and 17.46.080(A). B. It is declared and made a condition of the Conditional Use Permit and Site Plan Review approvals, that if any conditions thereof are violated, these approvals shall be suspended and the privileges granted thereunder _shall lapse;. provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. RESOLUTION NO. 98-14 PAGE4 98 1701309 181 D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked, Exhibit A, except as otherwise provided in these conditions. E. The cabana shall not exceed 220 square feet. F. No sleeping quarters or kitchen or other cooking facilities shall be provided within the cabana or detached recreation room. G. No vehicular access or paved parking area shall be developed within 50 feet of the cabana. H. The basement door of the residence shall be solid (without windows) and shall be subject to City staff approval. I. Renting of the cabana is prohibited. J. Any retaining walls incorporated into the project shall not exceed 5 feet in height, averaging no more than 2-1/2 feet. K. Residential building pad coverage shall not exceed 28.1%. L. Maximum disturbed area shall not exceed 39.9% of the net lot area. M. Grading shall not exceed 565 cubic yards of cut soil and 565 cubic yards of fill soil. N. Landscaping shall incorporate and preserve, to the maximum extent feasible, the existing mature trees and shrubs and the natural landscape screening surrounding the proposed building pad. O. Two copies of a landscape plan must be submitted for review by the Planning Department and include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any building or grading permit. The landscaping plan submitted must comply with the purpose and intent of -the -Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with. the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed RESOLUTION NO. 98-14 PAGE 5 98 1701309 182 pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. P. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. Q. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. R. The applicants shall execute an Affidavit of Acceptance of all conditions of this Conditional Use Permit and Site Plan Review, pursuant to Section 17.42.060, or the approval shall not be effective. S. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional development shall require the filing of a new application for Site Plan Review approval by the Planning Commission. T. All conditions of these Conditional Use Permit and Site Plan Review approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 21ST D OF JU ATTEST: DEPUTY CITY CLERK RESOLUTION NO. 98-14 PAGE 6 ALLAN ROBERTS, CHAIRMAN 98 1'701309 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 Agenda Item No.: 9.B Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ZONING CASE NO. 22-20: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A 1,583-SQUARE-FOOT ADDITION AND REMODEL TO AN EXISTING RESIDENCE, MAXIMUM FIVE-FOOT-HIGH RETAINING WALLS, GRADING, AND OTHER IMPROVEMENTS; AND VARIANCES TO CONSTRUCT IN THE FRONT YARD SETBACK AND FOR A FIVE-FOOT-HIGH RETAINING WALL TO BE CONSTRUCTED IN THE SETBACK AREA FOR A PROPERTY LOCATED AT 16 SOUTHFIELD DRIVE (LOT 33-SF), ROLLING HILLS, CA (BURGOYNE) DATE:June 27, 2022 BACKGROUND: On May 17, 2022, the Planning Commission adopted Resolution No. 2022-06 approving Zoning Case No. 22-20 for a Site Plan Review for construction of a 1,583-square-foot addition and remodel to an existing residence, maximum five-foot-high retaining wall, pool/spa in excess of 800 square feet, grading, and other improvements; and Variances to construct in the front yard setback and for a five-foot-high retaining wall to be constructed in the front and side setback area. The resolution was adopted unanimously, 4-0, with one commissioner absent. Zoning, Location, and Lot Description The property located at 16 Southfield Drive is zoned RAS-1 and has a net lot area of 50,938 square feet (1.17 acre). The lot is developed with a 1,717-square-foot single-family residence built in 1954. The residence encroaches 24 feet into the 50-foot front yard setback, which is considered legal nonconforming. There are three building pads: the main building pad includes the existing residence and swimming pool; the second pad includes the proposed accessory dwelling unit (ADU); and the third pad is a set aside area for a future stable and corral. DISCUSSION: Applicant Request 198 Applicant Request The applicant is requesting the following: Remodel existing 1,717-square-foot house New addition of 1,583 square feet for an overall residence of 3,300 square feet Remodel existing 390-square-foot garage and add 10 square feet for a total of 400 square feet New 975-square-foot attached covered porches New 850-square-foot accessory dwelling unit (ADU) with 200-square-foot attached covered porches New 290-square-foot entryway New 800-square-foot pool with 130-square-foot trough, 48-square-foot pool equipment, and 200-square-foot pond New 200-square-foot spa with 42-square-foot trough New 20-square-foot outdoor kitchen Removal of 125-square-foot pool and raising elevation of remaining pool New 102 square feet of driveway and repaving of existing for a total of 2,500 square feet New 50-square-foot pool equipment New service yard New hardscape of 3,070 square feet and revised pool decking of 1,195 square feet New maximum five-foot-high retaining walls for driveway and stairways (average wall height will be less than 2.5 feet) New drainage curbs and swales around ADU perimeter Future 450-square-foot stable and 550-square-foot corral Pad 1, which includes the residence, garage, and swimming pool, is 6,192 square feet and will be increased to 6,870 square feet. The building pad coverage will be 82.42%. Pad 2, which is proposed for an ADU, will be reduced from 3,770 square feet to 2,450 square feet. The building pad coverage will be 39.39%. Pad 3, which is the location for the stable and corral, will be reduced from 1,420 square feet to 1,280 square feet. Construction of a future 450-square-foot stable will bring the building pad coverage to 35.16%. Grading includes 1,355 cubic yards (CY) of cut and 1,355 CY of fill for a total of 2,710 CY. No import or export is needed. Landscaping includes 4,550 square feet of new drought tolerant planted area (low water use). Existing undisturbed hillside landscape accounts for 28,949 square feet. A set aside area for a future 450-square-foot stable and 550-square-foot corral are proposed downslope near the rear of the property that will cover 1,000 square feet. The stable and corral are not proposed at this time. Site Plan Review The applicant is requesting a Site Plan Review (SPR) to remodel an existing residence, construct an addition, ADU, and make other site improvements. Non-exempt grading 199 The applicant is requesting a total of 2,710 CY of grading. Grading will be done on the main building pad, ADU pad, stable/corral set aside pad. Grading includes 850 CY of over- excavation and 960 CY of recompaction. Retaining Walls A retaining wall is proposed in the eastern side yard setback adjacent to the residence, which requires a variance. The maximum height of the retaining walls is five feet and the average height is not to exceed two and one-half feet. Variances The applicant is requesting approval of a variance for a new five-foot-high retaining wall within the eastern side yard setback. Variance request to allow a new five-foot-high retaining wall within the side yard setback Pursuant to RHMC Section 17.16.150(F-G), retaining walls are permitted in setback areas if they do not exceed three feet in height, do not require grading, and are located along a walkway; or if they do not exceed three feet in height and are necessary to improve drainage or prevent slope erosion and are not in an easement, unless approved by the Association. Such walls must be screened from the public right-of-ways, easements and adjacent properties with appropriate landscaping. The applicant is requesting the variance to allow for a retaining wall up to five feet in height to allow for a wider access around the house. The retaining wall will be located in the side setback approximately 11 feet from the property line, and extends from the front roadway easement to the side of the residence where it becomes a curb and swale. The portion in the front yard setback is five feet high near the residence but tapers down to six inches near the front roadway easement. Variance request for encroachment into the front yard setback The existing residence was built in 1954 and encroaches 24 feet into the 50-foot front yard setback, which is considered legal nonconforming. However, any new addition must meet the required 50-foot front yard setback. A variance is requested to add a covered porch and portions of the addition into the front yard setback. The improvements will not further encroach into the existing front setback line, which is 26 feet from the roadway easement. MUNICIPAL CODE COMPLIANCE Lot Coverage The proposed structural coverage on the lot will be 7,552 square feet, or 14.8% of the lot, which is less than the lot coverage limitation of 20% maximum. The proposed total coverage including structures and flatwork will be 14,317 square feet or 28.1% of the lot area, which is less than the lot coverage limitation of 35% maximum. Area of Disturbance The project site has been previously disturbed due to development of the existing residence. 200 Implementation of the proposed project will bring the total disturbance to 17,435 square feet, or 34.2% of the net lot area. Access to Future Stable A stable and corral is not proposed to be constructed, however, a set aside area of 1,000 square feet is included on the rear portion of the property located downslope from the main pad and ADU pad. Environmental Review The proposed project has been determined to not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts additions, accessory dwelling units, and accessory structures. Public Participation On May 5, 2022, staff received a phone call from a neighbor on inquiring about the landscaping fronting Southfield Drive in the roadway easement. The neighbor asked if the landscape foliage, which has thickened over the years, will be removed to provide for parking along the roadway. Staff informed the neighbor that some landscaping will be removed due to the widening of the driveway per Fire Department requirements. Since the landscaping is in the roadway easement, staff contacted the Rolling Hills Community Association (RHCA) and was informed that they do not currently require existing vegetation in the easement to be removed. However, if landscaping were removed, it is their policy to prohibit re-planting. At the Planning Commission’s discretion, a condition of approval could be included to remove part or all of the landscaping along the front. It should be noted that the landscaping helps screen the residence and provides privacy. However, new landscaping is prohibited from growing into a hedge. CRITERIA FOR SITE PLAN REVIEW 17.46.050 - Required Site Plan Review findings. 1. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. 2. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 3. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 4. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 5. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 201 6. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 7. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 8. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 9. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 10. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 11. The project conforms to the requirements of the California Environmental Quality Act. 12. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. CRITERIA FOR VARIANCES 17.38.050 Required Variance findings . In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: Vicinity Map - 16 Southfield Dr.pdf 16 Southfield Vicinity Map.pdf Development Table (ZC 22-20).pdf 16 Southfield Drive_Combined Plan Set_2022.05.11(reduced).pdf 202 2022-06_PC_Resolution_16Southfield_ZC 22-20_E.pdf 203 City of Rolling Hills 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 TITLE VICINITY MAP CASE NO. Zoning Case No. 22-20 Site Plan Review, Variance OWNER Burgoyne ADDRESS 16 Southfield Drive, Rolling Hills 90274 SITE 204 Bolton Engineering Corp. 205 *Allowable deductions; excluded from Total Structure Area/Total Structural Coverage Development Table Zoning Case No. 22-20 (16 SOUTHFIELD DRIVE) Site Plan Review and Variance PAD 1 PAD 2 PAD 3 TOTAL RAS-1 Zone Setbacks Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear easement line Single family residence, garage, pool, equipment, entryways (SF) Accessory Dwelling Unit (SF) Future Stable (SF) Pad/Net Lot Area Existing: 6,192 Proposed: 678 Total: 6,870 Existing: 3,770 Proposed: -1,320 Total: 2,450 Existing: 1,420 Proposed: -140 Total: 1,280 50,938 Residence 3,300 3,300 Garage 400 400 Swimming Pool/Spa 892 892 Pool Equipment 50 50 Accessory Dwelling Unit 850 850 Stable (min. 450 SF) 450 450 Entryway, Breezeway 290 290 *Attached Covered Porches 605 115 1,175 *Outdoor Kitchen, Fire Pit 20 20 Service Yard 125 125 Total Structure Area 7,552 Structural Coverage (20% maximum) 14.8% Grading (no import/export) 1,070 CY cut 1,080 CY fill (+10 CY) 215 CY cut 205 CY fill (-10 CY) 70 CY cut 70 CY fill 2,710 CY (balanced on site) Total Flatwork 6,765 Total Structural and Flatwork 14,317 Total Lot Coverage (35% maximum) 28.1% Building Pad Coverage (Policy: 30% maximum) 82.42% 39.39% 35.16% Disturbed Area (40% maximum; up to 60% with slopes less than 3:1) 17,435 34.2% 206 1976432101112141315161758LEGENDABBREVIATIONS Bolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES C0.0BURGOYNE RESIDENCEPROPOSED ADDITION AND REMODEL16 SOUTHFIELD DRIVEROLLING HILLS, CA 9027420204020LEGENDABBREVIATIONS1234567891011121314151617SHEET INDEX207 16163216Bolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES C0.1208 LEGENDABBREVIATIONS 10102010Bolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES C1.0209 LEGENDABBREVIATIONS 55105Bolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES C1.1210 LEGENDABBREVIATIONS 10102010Bolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES C1.2211 SECTIONS LEGENDBolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES C2.0212 LEGENDPAD EXHIBIT LEGEND20204020Bolton Engineering Corp. Civil Engineering and Surveying 25834 Narbonne Avenue Suite 210 Lomita, Ca. 90717 Ph: 310-325-5580 Fax: 310-325-5581 PRELIMINARY: FOR PLANNING PURPOSES CM213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Agenda Item No.: 11.A Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ALAN PALERMO, PROJECT MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER AND APPROVE AMENDING SEWER STUDY TO PHASE THE CONSTRUCTION OF THE 8" SEWER MAIN PROJECT DATE:June 27, 2022 BACKGROUND: At the May 13, 2019 City Council Meeting, City Council considered and approved a Professional Services Agreement with Willdan Engineering for the Phase II Sanitary Sewer Improvement Feasibility Study. This report was submitted to the City of Rolling Hills, Rolling Hills Estate, and City of Torrance for review and comments. Concurrently, this report and Will Serve Letter requests (2 letters) were submitted to Sanitation Districts of Los Angeles County for downstream treatment of wastewater. The first Will Serve Letter request was for connecting the City Hall and Tennis Court Site. The second Will Serve Letter request was for connecting existing 235 single family homes in the City of Rolling Hills. After all agencies reviewed and provided comments, Willdan Engineering updated the study and submitted the Final Report in December 2019. All agencies approved the study with final approval from Los Angeles County Department of Public Works (LACDPW) on May 6, 2020. The City released a RFP and engaged the services of NV5 in 2020 to provide engineering design for the 8" sewer main along Portuguese Bend Road/Rolling Hills Road. Since the commencement of the design work, NV5 has met the 65% design, 90% design, and the 100% design milestones. This proposed sewer main crosses several jurisdictions and approval from each jurisdiction is necessary before the project is deemed complete. The additional jurisdictions reviewing the plans are Rolling Hills Estates and City of Torrance. During the review process for the construction documents, the City of Torrance has made several requests requiring additional design services in order to approve the plans. The additional design services are necessary to obtain approval from the City of Torrance and proceed to the construction phase of this project. A proposal to amend NV5's professional services agreement was presented to City Council April 25, 2022 at which time City Council directed staff to look at bifurcating the project into phases and identify options to do so. Phase 1 would include the new 8-inch downstream sewer improvements in Rolling Hill and Rolling 233 Hills Estates needed to connect Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts to the existing public sewer system in Rolling Hills Estates. Phase 2 would involve the downstream sewer improvements in the City of Torrance (upsizing existing sewer) needed to connect City of Rolling Hills residents to the public sewer system. DISCUSSION: Staff/Consultants reached out to agencies involved (Rolling Hills Estates, City of Torrance, LACDPW) and confirmed the sewer improvement project could be constructed in phases as described. Rolling Hills Estates and City of Torrance requested the Sanitary Sewer Improvement Feasibility Study be updated/amended to include analysis confirming the existing sewer in Rolling Hills Estates and City of Torrance can accommodate the wastewater flows from Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts. LACDPW did not require additional analysis. At the City's request, Willdan provided a proposal to amend the Sanitary Sewer Improvement Feasibility Study with a supplement with the required analysis confirming the proposed Phase 1 sewer improvements would be sufficient to accept the wastewater flows from Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts. FISCAL IMPACT: Willdan provided a fee proposal to prepare a Supplement to the Sanitary Sewer Improvement Feasibility Study in the amount of $9,010. The fee includes updating the model, preparing Sewer Area Supplemental Study, submitting to the agencies involved, and finalizing study for approval upon receiving comments.There is no funding available in the adopted FY 2021- 2022 budget for the design fee. If the City Council should move forward with an amended agreement with Willdan to complete the Supplemental Study to obtain all agency approvals, General Fund Reserves will be used to pay for the engineering design fees. RECOMMENDATION: Approve additional service to prepare and complete a Supplemental Study to the Sanitary Sewer Improvement Feasibility Study requested by Rolling Hills Estates and the City of Torrance to bifurcate the Rolling Hills Sewer Improvement Project into two phases and direct staff to prepare an amendment to the service agreement with Willdan in the amount of $9,010. ATTACHMENTS: P22-158_23401 RH_Phase II_ Sewer Area Study Supplement.pdf 234 May 5, 2022 Via e-mail: ejeng@cityofrh.net Ms. Elaine Jeng, PE, City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Subject: Sewer Area Study Supplement Dear Ms. Jeng: The City of Rolling Hills selected Willdan Engineering in 2018 to prepare a “Sewer Feasibility Study Including City Hall and Tennis Court Site” (Phase 1). The study conducted concept level research and engineering feasibility evaluation regarding the potential of connecting the City Hall, POA building, and the tennis court site, and upstream properties to existing downstream sanitary sewer systems. The report was presented to the City Council on October 8, 2018. The City subsequently selected Willdan in July 2019 to further the design to the preliminary engineering level (Phase 2). The scope of work of the Phase 2 project included: Analyzing parcels in the City upstream of the City Hall location that can feasibly drain to the proposed sanitary sewer extension; Estimating the amount of wastewater to be generated by the project area; Analyzing the capacity of the existing downstream sewer system with the estimated wastewater from the project area; Preparation of a Sewer Area Study that was submitted to, and received approval from, the City of Torrance, the City of Rolling Hills Estates, LACDPW and the County Sanitation District of Los Angeles County; Preparation of preliminary engineering plans for the extension of the sanitary sewer to the City Hall, POA Building and tennis court site. The Phase 2 project determined that pipe size upgrades in the downstream segments in the City of Torrance are required to ensure the sewer pipes do not exceed Desi gn Capacity (pipe half full). 235 City of Rolling Hills May 5, 2022 Attn: Elaine Jeng, PE, City Manager The City now desires to study the impact to the downstream sewers from the sewer flows from the City Hall and the Tennis Court Site only, i.e., not including sewer flow from the upstream properties. The sewer will likely not be extended to the upstream properties for several years and the City would like to not construct the pipe size upgrades at this time if they are not needed. The City has contacted the Cities of Rolling Hills Estates and Torrance and they are acceptable to this concept if the Sewer Area Study is supplemented to verify that the downstream sewer pipes are within Design Capacity without the sewer flows from the upstream properties. This proposal presents Willdan’s scope of work, fee and schedule to prepare the Sewer Area Study Supplement. SCOPE OF WORK 1. Project Management: The success of any project is dependent upon communication between the client and project manager. This communication ensures that the project performs within the agreed upon scope of work, schedule, and budget. Willdan will provide the City with a bi-weekly Project Status Memorandum which will be delivered via email. Products Developed: Bi-Weekly Project Status Memorandum Deliverable to Client: Bi-Weekly Project Status Memorandum 2. Review Approved Sewer Area Study: Willdan will review the Sewer Area Study which was approved by all affected agencies to determine the pertinent documents, figures, and calculations which will require revision. Products Developed: Project status documents and working notes Deliverable to Client: None 3. Revise the Sewer Model: Willdan will update the approved sewer model Excel file to reflect the following: Delete sewer flows from properties upstream of City Hall / Tennis Court Site; Revise pipe slopes to reflect the current design plans provided by the City; and Evaluate the results of the model Products Developed: Updated Sewer Model Deliverable to Client: None 4. Prepare a Sewer Area Study Supplement: 236 City of Rolling Hills May 5, 2022 Attn: Elaine Jeng, PE, City Manager Willdan will prepare a textual document which will document the scope and findings of the Supplement. Figures and exhibits which were included in the approved Sewer Area Study will be annotated to reflect the scope and findings of Phase 1. Willdan will prepare a Sewer Area Study Supplement, sealed and signed by a California registered Professional Engineer and submit to the City, Rolling Hills Estates, and Torrance. As Phase 1 will not have any impact on LACDPW facilities, we have emailed them to confirm that a formal submittal to them is not required. As of the writing of this proposal, we have not heard back from LACDPW, but we are including a submittal fee of $2000 in our fee to be conservative. The fee for the LACDPW review of the original Sewer Area Study was $2000 and is based on review effo rt. The review effort for the Supplement should be less and therefore the $2000 should be conservative. The Cities of Torrance and Rolling Hills Estates require no fee for review of the Supplement. Products Developed: Sewer Area Study Supplement Deliverable to Agencies: Draft Sewer Area Study Supplement (2 Hard Copies each to Rolling Hills, Torrance and Rolling Hills Estates. If LACDPW review is required, it is through its electronic permitting service) 5. Revise Sewer Area Study Supplement Although not anticipated, it is possible that the agencies may have comments after reviewing the Sewer Area Study Supplement. If comments are received, Willdan will revise the documents as required and resubmit the Sewer Area Study, sealed and signed by a California registered Professional Engineer. Products Developed: Revised Sewer Area Study Supplement Deliverable to Client: Revised Sewer Area Study Supplement (2 Hard Copies each to Rolling Hills, Torrance and Rolling Hills Estates. If LACDPW review is required, it is through its electronic permitting service) FEE We propose to provide the above engineering services for a fixed fee of $9,010. Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by e-mail. 237 City of Rolling Hills May 5, 2022 Attn: Elaine Jeng, PE, City Manager SCHEDULE We estimate the Sewer Area Study Supplement will be completed within four weeks, which excludes agency review time, from receipt of the signed proposal and written Notice-to-Proceed. The proposed Schedule is as follows: Task Weeks Weeks from NTP 1. Project Management Ongoing Ongoing 2. Review Approved Sewer Area Study 1 1 3. Revise Sewer Model 1 2 4. Prepare Sewer Area Study Supplement 1 3 5. Revise Sewer Area Study Supplement 1 4 Thank you for the opportunity to be of service to the City of Rolling Hills. We recognize the importance of this preliminary engineering assessment to the City and are committed to accomplishing it timely and successfully. Should you have any questions regarding this proposal, please contact Mr. Chris Stone, P.E. at (702) 289-4247 or Ms. Vanessa Muñoz PE, TE, PTOE at (562) 368-4848. Respectfully submitted, Approval and Authorization to Proceed By: WILLDAN ENGINEERING CITY OF ROLLING HILLS Vanessa Muñoz, PE, TE, PTOE President/Director of Engineering Date: 910005/WW.00.60/P22-158_23401 238 239 Agenda Item No.: 11.B Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE CONTRACT RENEWAL WITH GRANICUS FOR SUBSCRIPTION TO AGENDA MANAGEMENT, MINUTES, AND UPGRADED LIVECAST HARDWARE/SOFTWARE PROGRAMS; AUTHORIZE THE CITY ATTORNEY TO FINALIZE THE AGREEMENT AND THE CITY MANGER TO SIGN DATE:June 27, 2022 BACKGROUND: In 2019, staff initiated an effort to streamline the agenda publishing process. Through a survey of surrounding cities, staff found that most cities employed an agenda management system. An agenda management system creates efficiencies in agenda preparation and workflow as well as preserving staff reports, attachments and packets for online archival and retrieval by the public. The system includes a live cast element which records audio and video of all meetings, allowing for greater transparency and public participation. The City Council subsequently approved and entered into a 3 year agreement with Granicus. That agreement is now expiring and requires renewal. In anticipation, the City Clerk's office has been working with the Granicus teams specific to contract renewal. Currently, the existing three year old streaming hardware is now out-of-date and requires upgrading. The Clerk's office has also been exploring additional Granicus software subscription solutions as well as potentially migrating to Granicus website solutions in order to further improve customer service and create efficiencies in many other aspects of the city's daily workflow provided to residents or professionals. Some of these areas include communications and engagement, digital services, records requests, records management and integrated website redevelopment. While these additional options are not being proposed as part of the draft FY 2022/23 ongoing core budget, the City Council could approve additional one-time funding for staff to continue exploration and return with more detailed information at a future meeting. DISCUSSION: Staff recommends renewal of the Granicus subscription services currently in use as well as 240 upgrading to the GovMeetings Live Cast (ClearCaster) encoding software/hardware. The one- time and ongoing cost proposal at a negotiated annual flat rate can be found as Attachment A. Within the proposal's New Subscription Fees table, Granicus has included, at the clerks request, a line item for adding eComment capabilities. This would allow public participation from outside of Council Chambers during the window beginning with Agenda posting until the adjournment of a meeting. Residents would have the ability to provide feedback on any item or non agenda item from outside the Council Chambers. The word count can be capped to not exceed three minutes of time to read. At the council's direction, the clerk can read the comments during any item's public participation. Comments should also technically be accessible via the city website employing the Granicus links. Due to budgetary constraints, staff is not recommending implementation of the eComment module at this time, but wanted to make the City Council aware of a feature that is being used more frequently, especially since the onset of the pandemic. FISCAL IMPACT: There is available funding in the FY 2021/22 budget for the upgrade purchase of the encoder including set-up, configuration and training (one-time cost). The draft budget for FY 2022/23 includes funding for the ongoing agenda management annual subscription costs. Staff was able to negotiate a flat annual subscription cost for the next 36 months at $8,142.87 per year. Beginning the fourth year, the subscription cost increases by 3% and every year thereafter unless staff is able to renegotiate terms at a future date. RECOMMENDATION: Approve as presented and/or provide direction regarding additive services. ATTACHMENTS: CA_AGR_220606_AttachmentA_Peak_GovMtgLiveCast_3yr_Renewal_Proposal_F.pdf CA_AGR_220623_Granicus_2022-25.pdf 241 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 1 of 11 Granicus Proposal for Rolling Hills, CA ORDER DETAILS Prepared By:Olive Nofzinger Phone: Email:olivia.nofzinger@granicus.com Order #:Q-203133 Prepared On:06/06/2022 Expires On:06/09/2022 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: 06/10/2022 - 06/09/2023 ORDER TERMS Current Billing Term End Date:06/09/2022 242 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 2 of 11 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Terminating Subscriptions Solution Quantity/Unit Prior Annual Fee Government Transparency Suite 0 Each $2,568.00 Open Platform Suite 0 Each $0.00 Granicus Encoding Appliance Software (GT)0 Each $1,200.00 SUBTOTAL:$3,768.00 Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions. Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed. Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s). One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee GovMeetings Live Cast SetUp and Config Up Front 1 Each $0.00 Encoding Appliance HDW - WOWZA ClearCaster Upon Delivery 1 Each $2,950.00 Granicus Video - Online Training Upon Delivery 2 Hours $450.00 eComment - Online Group Training Upon Delivery 2 Hours $0.00 eComment - Setup and Configuration Up Front 1 Each $0.00 Granicus ClearCaster Setup and Configuration Up Front 1 Each $875.00 US Shipping Charge C - Large Item Upon Delivery 1 Each $125.00 Open Platform - Setup and Configuration Up Front 1 Hours $0.00 SUBTOTAL:$4,400.00 Staff recommends use of available funding in the FY 2021/22 budget to cover the below one-time costs 243 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 3 of 11 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee GovMeetings Live Cast Annual 1 Each $3,068.06 eComment Annual 1 Each $1,200.00 Open Platform Suite Annual 1 Each $0.00 Granicus ClearCaster Software Annual 1 Each $1,674.81 SUBTOTAL:$5,942.87 Renewing Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Meeting Efficiency Suite Annual 1 Each $0.00 Peak Agenda Management Annual 1 Each $3,400.00 SUBTOTAL:$3,400.00 Staff does not recommend implementation at this time due to budgetary constraints $9,342.87 -$1,200.00 $8,142.87 Subtotal remove eComment Total 244 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 4 of 11 FUTURE YEAR PRICING Period of PerformanceSolution(s)06/10/2023 - 06/09/2024 06/10/2024 - 06/09/2025 Meeting Efficiency Suite $0.00 $0.00 Peak Agenda Management $3,400.00 $3,400.00 GovMeetings Live Cast $3,068.06 $3,068.06 eComment $1,200.00 $1,200.00 Open Platform Suite $0.00 $0.00 Granicus ClearCaster Software $1,674.81 $1,674.81 SUBTOTAL:$9,342.87 $9,342.87 $8,142.87 $8,142.87 245 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 5 of 11 PRODUCT DESCRIPTIONS Solution Description Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware- as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes: ·Unlimited user accounts ·Unlimited meeting bodies ·Unlimited storage of minutes documents ·Access to the LiveManager software application for recording information during meetings ·Access to the Word Add-in software component for minutes formatting in MS Word if desired ·Up to one (1) MS Word minutes template (additional templates can be purchased if needed) Peak Agenda Management Peak Agenda Management is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes: ·Unlimited user accounts ·Unlimited meeting bodies and meeting types ·Access to up to one (1) Peak Agenda Management site GovMeetings Live Cast govMeetings LiveCast provides the ability to manage public meetings from anywhere, on almost any device using cloud based software and a Granicus ClearCaster encoder. It will stream public meetings in HD, allow users to live index items, record and publish minutes, and provide archive videos for on-demand viewing. 246 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 6 of 11 Solution Description eComment eComment reduces staff time by providing the ability to effortlessly collect and manage citizen input on agenda items. Citizens are allowed to either submit comments in regards to items or sign up to speak before a scheduled meeting. Encoding Appliance HDW - WOWZA ClearCaster WOWZA ClearCaster encoder is the hardware appliance used convert the video feed for video streaming on the web. It also records the video and provides the MP4 file for archive playback. Granicus Video - Online Training Granicus Video - Online Training Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. eComment - Online Group Training eComment - Online Group Training is for Group training of eComment, which allows clients to have up to six (6) users participate in online Group sessions with a Granicus trainer and other client users, to learn how to use the system. US Shipping Charge C - Large Item US shipping of a large item Granicus ClearCaster Software Granicus ClearCaster Software will convert the video feed for video streaming on the web which will also record video and provides the MP4 file for archive playback. Only used with the ClearCaster encoder hardware and LiveCast solution. Open Platform - Setup and Configuration Setup and configuration for Open Platform THIRD PARTY DISCLAIMER ClearCaster and LiveCast Services: Client and Granicus agree that a third party will provide services under this Agreement. Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party. 247 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 7 of 11 TERMS & CONDITIONS ·Link to Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf ·Upon the effective date, this Agreement shall supersede and replace any previous agreement between the parties for the Terminating and/or Existing Subscriptions listed herein. All such prior agreements between the parties are hereby void and of no force and effect. ·ClearCaster Terms & Conditions attached to this quote are incorporated herein by reference. ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Rolling Hills, CA to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. ·Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. 248 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 8 of 11 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-203133 dated 06/06/2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Rolling Hills, CA Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ 249 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 9 of 11 ClearCaster Terms & Conditions The ClearCaster products are subject to the following terms: Permitted Use. Granicus hereby grants during each Order Term or as otherwise specified in the Order, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non- transferrable right to use the ClearCaster products to the extent allowed in the relevant Order (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the ClearCaster products up to the levels limited in the applicable Order. Data Sources. Data uploaded into ClearCaster products must be brought in from Customer sources (interactions with end users and opt-in contact lists). Customer cannot upload purchased contact information into the ClearCaster products without Granicus’ written permission and professional services support for list cleansing. Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwords secure and all use of the the ClearCaster products accessed through Customer’s passwords. Content. Customer can only use the ClearCaster products to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus. Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s website must be free from violation of or infringement of copyright, trademark,service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. Advertising. The ClearCaster products shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement betweenCustomer and a third party that compensates Customer for the right to have information included in Content distributed or made available through the ClearCaster products prior to approving the presence of Advertising within the ClearCaster products. Restrictions. Customer shall not: Misuse any Granicus resources or the ClearCaster products or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings toindividuals who have not agreed to be contacted; Use any process, program, or tool for gaining unauthorized access to the systems, networks, or 250 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 10 of 11 accounts of other parties, including but not limited to, other Granicus customers; Customer must not use the Granicus products, services or the ClearCaster products in a manner in which system or network resources are unreasonably denied to other Granicus clients; Customer must not use the services or ClearCaster products as a door or signpost to another server. Access or use any portion of the ClearCaster products, except as expressly allowed by this Order; Copy, distribute, sublicense, or otherwise share, software provided on the ClearCaster products; Disassemble, decompile, or otherwise reverse engineer all or any portion of the ClearCaster products; or add or remove software on the ClearCaster products without Granicus consent; Use the ClearCaster products for any unlawful purposes; Export or allow access to the ClearCaster products in violation of U.S. laws orregulations; Except as expressly permitted in this Order, subcontract, disclose, rent, or lease the ClearCaster products, or any portion thereof, for third party use; or Modify, adapt, or use the ClearCaster products to develop any software application intended for resale which uses the ClearCaster products in whole or in part. Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the ClearCaster products. Granicus may use such submissions as it deems appropriate in its sole discretion. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the ClearCaster products, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. License to Content; Access. Customer hereby grants Granicus and its vendors a limited right and license to view, access, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content for the sole purpose of providing the ClearCaster products.Customer agrees that Granicus and its vendors may remotely access the ClearCaster products for the sole purpose of providing Granicus products and services, and the ClearCaster products. 251 Order Form Rolling Hills, CA Order #: Q-203133 Prepared: 06/06/2022 Page 11 of 11 Warranties and Disclaimers. The ClearCaster products are provided “AS IS” and as available. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GRANICUS NOR ITS SUPPLIERS WARRANT THAT THE CLEARCASTER PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS NOR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Notwithstanding the foregoing and subject to payment of all applicable fees, Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS NOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS NOR ITS SUPPLIER SHALL BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR HARDWARE; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, HARDWARE, CLEARCASTER PRODUCTS, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES RESULTING EXCLUSIVELY FROM THE CLEARCASTER PRODUCTS (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THE CLEARCASTER PRODUCTS MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. 252 65277.00001\40191544.2 Agreement No. _________ CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ROLLING HILLS AND GRANICUS, LLC This AGREEMENT is entered into this 27th day of June, 2022, by and between the CITY OF ROLLING HILLS, a general law city a municipal corporation (“CITY”) and GRANICUS, LLC, a Minnesota limited liability company d/b/a Granicus (“CONSULTANT”). R E C I T A L S A. CITY desires to hire CONSULTANT to provide it with products and services related to meeting management and post-meeting minutes creation processes. B. CITY does not have the personnel able and available to perform the services required under this Agreement and therefore, CITY desires to contract for consulting services to accomplish this work. C. CONSULTANT warrants to CITY that it has the qualifications, experience, and facilities to perform properly and timely the services under this Agreement. D. CITY desires to contract with CONSULTANT to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the CITY and the Consultant agree as follows: 1. CONSIDERATION AND COMPENSATION A. The Parties acknowledge and agree that by entering into this Agreement, the prior contract for professional services dated June 11, 2019 between the Parties shall automatically terminate without any fees due and payable by the CITY for the one year renewal term under such June 11, 2019 contract. B. As partial consideration, CONSULTANT agrees to perform the work listed in the GRANICUS PROPOSAL FOR ROLLING HILLS, CA, attached as EXHIBIT A to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agree ment govern. C. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. D. As additional consideration, CITY agrees to pay CONSULTANT a one-time fee of $4,400.00 and an annual subscription fee of $8,142.87 each year during the initial 36 month term for “Granicus Products and Services” unless ot herwise specified by written amendment to this Agreement. “Granicus Products and Services” means the products and services made available to CITY pursuant to this Agreement, which include Granicus products and services accessible for 253 65277.00001\40191544.2 Page 2 of 15 use by CITY on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in Exhibit A. The annual subscription fee shall not automatically increase from the previous term’s fees by any percentage each year for the initial 36 month term of the Agreement. CONSULTANT reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is CITY’s responsibility to provide applicable exemption certificate(s). E. CONSULTANT shall provide complete help desk support for administrators and customers of the Granicus Products and Services. Regular support shall be available from 8:00 a.m. to 10:00 p.m. EST, Monday through Friday, via email (support@granicus.com) or toll-free telephone (800-314-0147). Emergency support is available 24/7 and is included in the regular support. F. CONSULTANT will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, CONSULTANT shall repair or replace any required hardware provided directly from CONSULTANT that fails to function property due to normal wear and tear, defective workmanship, or defective materials. G. CONSULTANT shall make best efforts to submit to CITY its invoice for annual services itemizing the fees and costs for the June 10, 2022 to June 9, 2023 period, June 10, 2023 to June 9, 2024 period, and June 10, 2024 to June 9, 2025 period before the beginning of the annual term. H. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. CITY shall provide CONSULTANT with detailed written notice of any amount(s) CITY reasonably disputes within thirty (30) days of the date of invoice for said amount(s) at issue. CONSULTANT will not exercise its rights to suspend any Granicus Products and Services if CITY has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. I. After the initial thirty-six (36) month term of this Agreement, the Granicus Product and Services fees shall automatically increase from the previous term’s fees by three (3) percent per year upon the yearly anniversary of this Agreement. This includes the first annual term after the initial thirty-six (36) month term. It shall not be required for CONSULTANT to provide notice of such increase prior to the automatic renewal of this Agreement. CITY and CONSULTANT agree that a Purchase Order will not be required for issuing such invoice. 2. SCOPE OF SERVICES. Except as herein otherwise expressly specified to be furnished 254 65277.00001\40191544.2 Page 3 of 15 by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 4. KEY PERSONNEL. CONSULTANT’s key person assigned to be in charge on all matters relating to this Agreement is Emery Henschel. CONSULTANT shall not assign another person to be in charge of this Agreement without the prior written authorization of the City. 5. TERM OF AGREEMENT. The term of this Agreement shall commence on June 10, 2022 and shall continue in full force and effect until June 9, 2025. Unless a Party has given written notice to the other Party at least ninety (90) days prior to the end of the then-current term, the Granicus Products and Services will automatically renew at the end of each term for an extension term of one (1) year. 6. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 7. USE OF GRANICUS PRODUCTS AND SERVICES AND PROPRIETARY RIGHTS. A. Granicus Products and Services. The Granicus Products and Services are purchased by CITY as a subscription during the terms specified in Exhibit A. B. Permitted Use. Subject to the terms and conditions of this Agreement, CONSULTANT hereby grants during each term specified in Exhibit A, and CITY hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant term specified in Exhibit A (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable term specified in Exhibit A. i. Data Sources. Data uploaded into Granicus Products and Services must be brought in from CITY sources (interactions with end users and opt-in contact lists). CITY cannot upload contact information purchased from a third party into Granicus Products and Services without CONSULTANT’ written permission and professional services support for list cleansing. 255 65277.00001\40191544.2 Page 4 of 15 ii. Passwords. Passwords are not transferable to any third party. CITY is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through CITY’s passwords. iii. Content. CITY can only use Granicus Products and Services to share content that is created by and owned by CITY and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a CONSULTANT subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to CITY, can be removed or limited by CONSULTANT. 1. Disclaimers. Any text, data, graphics, or any other material displayed or published on CITY’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. CONSULTANT is not responsible for content migrated by Client or any third party. iv. Advertising. Granicus Products and Services shall not be used to solely promote products or services available for sale through CITY or any third party unless approved in writing, in advance, by CONSULTANT. CONSULTANT reserves the right to request and review the details of any agreement between CITY and a third party that compensates CITY for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. C. Restrictions. CITY shall not: i. Misuse any CONSULTANT resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; ii. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other CONSULTANT customers; iii. CITY must not use the Granicus Products and Services in a manner that would cause disruption of service based on unreasonable strain on CONSULTANT’S system or network resources; iv. CITY must not use the Services as a door or signpost to another server; v. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement; 256 65277.00001\40191544.2 Page 5 of 15 vi. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; vii. Use the Granicus Products and Services for any unlawful purposes; viii. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; ix. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or x. Modify, ad apt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. D. CITY Feedback. CITY assigns to CONSULTANT any suggestion, enhancement, request, recommendation, correction or other feedback provided by CITY relating to the use of the Granicus Products and Services. CONSULTANT may use such submissions as it deems appropriate in its sole discretion. E. Reservation of Rights. Subject to the limited rights expressly granted hereunder, CONSULTANT and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to CITY. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. 8. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS. A. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. B. Warranties. CONSULTANT warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided “AS IS” and as available. C. Disclaimers. EXCEPT AS PROVIDED IN SECTIONS 8.B. ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT WARRANT THAT GRANICUS PRODUCTS 257 65277.00001\40191544.2 Page 6 of 15 AND SERVICES WILL MEET CITY’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 9. CONFIDENTIAL INFORMATION. A. Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information shall include: (i) Granicus’ Products and Services, (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; and (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication. Each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information. If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance. B. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving Party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. C. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, CONSULTANT must be notified in writing, in advance of the storage or sending. Should CITY provide such notice, CITY must ensure that Confidential Information or sensitive 258 65277.00001\40191544.2 Page 7 of 15 information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by CITY. CITY is ultimately accountable for the security and privacy of data held by CONSULTANT on its behalf. D. Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. CITY understands and agrees that it may not always be possible to completely remove or delete all personal data from CONSULTANT’ databases without some residual data because of backups and for other reasons. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 12. TERMINATION. A. Except as otherwise provided, CITY and CONSULTANT may terminate this Agreement at any time with or without cause upon at least ninety (90) days’ notice. Notice of termination shall be in writing. B. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 13. INDEMNIFICATION. A. Each party (Indemnitor) shall indemnify, defend with counsel approved by the other party (Indemnitee), and hold harmless Indemnitee, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of Indemnitee’s 259 65277.00001\40191544.2 Page 8 of 15 passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the Indemnitee. Should Indemnitee in its sole discretion find Indemnitor’s legal counsel unacceptable, then Indemnitor shall reimburse the Indemnitee its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Indemnitor shall promptly pay any final judgment rendered against the Indemnitee (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 14. LIMITATION OF LIABILITY. A. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CONSULTANT SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CITY DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND CONSULTANT’ REASONABLE CONTROL, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE RELATED LOSSES OR DAMAGES. CITY SHALL NOT BE LIABLE FOR ANY MATTER BEYOND CITY’S REASONABLE CONTROL, EVEN IF CITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE RELATED LOSSES OR DAMAGES. B. LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CITY FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY SHALL BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY 260 65277.00001\40191544.2 Page 9 of 15 OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CITY’S PAYMENT OBLIGATIONS UNDER SECTION 1 ABOVE. 15. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 16. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 17. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 18. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. 19. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 261 65277.00001\40191544.2 Page 10 of 15 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Should CONSULTANT own any vehicles used for activities of CONSULTANT arising out of or in connection with the work to be performed under this Agreement, it shall also procure such coverage for owned vehicles. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations are by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULT ANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. 262 65277.00001\40191544.2 Page 11 of 15 B. Endorsements. Each insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City. Each general liability and automobile liability insurance policy shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, o fficials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any d eductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of 263 65277.00001\40191544.2 Page 12 of 15 insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 12 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should Cit y pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 20. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. 21. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub- consultants and agents. 22. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. 264 65277.00001\40191544.2 Page 13 of 15 23. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 24. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274ATTN: Elaine Jeng Granicus 408 St. Peter Street, Suite 600 Saint Paul, MN 55102 ATTN: Contracts Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 25. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 26. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein are generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. 27. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 28. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. 265 65277.00001\40191544.2 Page 14 of 15 29. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 30. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 31. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 32. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 33. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 34. ATTORNEYS’ FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 35. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 36. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product and material provided by the City which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such 266 65277.00001\40191544.2 Page 15 of 15 documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF ROLLING HILLS CONSULTANT CITY MANAGER By: TITLE ATTEST: City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins, City At torney 267 Agenda Item No.: 11.C Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDERATION OF RENEWAL FOR FY 2022/23 SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) REGIONAL PLANNER SPECIAL ASSESSMENT DATE:June 27, 2022 BACKGROUND: Last year, the South Bay Cities Council of Government (SBCCOG) hired a regional planner to assist its city members with land use issues, the monitoring and interpretation of housing legislation and to enhance the SBCCOG's climate action work. The regional planner was meant to be a resource to address issues common to all of the cities. The idea of hiring a regional planner arose from continuing land use issues that need to be addressed by COG and its member cities. Many of these land use issues deal with the numerous housing bills being introduced at the state level. Another issue was the need for the COGs to administer the Regional Early Action Program which provides one-time funding to accelerate housing production and facilitate compliance in implementing the 6th Cycle Housing Element. SBCCOG intended to use REAP funding to augment a portion of the planner position. Any funding not used from the assessment would roll over to the following year. Last year, the SBCCOG assumed a region-wide cost of $110,500 with the City of Rolling Hills assessment of $4,000 due to population size. The City Council approved a $1,000 contribution to participate. This year, the SBCCOG has been able to lower the region-wide cost and individual city assessments. The City of Rolling Hills assessment for FY 2022/23 would be $2,000. DISCUSSION: What follows is a list of what the regional planner has accomplished in the past year or is currently working on for all the cities Planning and Community Development departments 268 within the SBCCOG. The Community Development Directors are able to call on him for research and other information. Conducted one-on-one interviews with South Bay Community Development Directors to determine their priorities, opportunities, and challenges in order to inform SBCCOG’s regional planning services. Prepared memo on findings for SBCCOG staff and city Directors. Identified California State Dept of Toxic Substances Control “Equitable Community Revitalization Grant” program for brownfield clean up; organized presentation to South Bay Directors by DTSC staff; liaised between DTSC and cities; City of Carson applied for the grant and is waiting on Round 1 results. Developed and led tour of West Athens community (LA County District 2) for Neighborhood Broadband Center proposal in development at SBCCOG. Work collaboratively with South Bay Community Development Directors to develop a coherent South Bay housing policy to help ensure that state accelerated housing production policy goals are met, while also meeting the local needs of the communities. Serve as a resource to SBCCOG member jurisdictions and Community Development Directors providing technical assistance and support as needed. Examples: Provided a list of Code Enforcement firms for the City of Rolling Hills to consider. Currently researching status of SB 9 in every South Bay city for memo update to directors. Coordinate and manage monthly Community Development Directors meeting on Zoom, 3rd Thursday each month 12:30-2pm. Develop meeting agenda; invite guest speakers; send meeting invitations to Directors and staff; chair the meeting. Provide research assistance to SBCCOG senior staff. Example: Researched and prepared memo on the potential impact of Ghost Kitchens in South Bay, with a focus on land use and planning. Identify, research, and connect city staff with grant funding opportunities for implementation. Example: Manage the Community Development Director email listserv for sending critical information updates to Directors; engage Directors on important planning matters through listserv. Attend SCAG meetings and committees, HCD meetings, and other housing related meetings and trainings on behalf of the South Bay. Share information and resources with Directors at monthly CDD meetings and through email listserv. Track state housing policy and legislation and recommend advocacy positions including drafting and circulating position letter templates to cities. Research state bills affecting housing law. Recommend additions to SBCCOG Legislative Matrix. Co-author positions on proposed state housing bills. Example: AB 1978 proposes to allow HCD to do local zoning on behalf of cities out of compliance with state law, and fine cities up to $10,000 per day to gain compliance. I identified this bill as a matter of urgent concern, researched it, recommended opposition that was approved by SBCCOG Board, and added to Legislative Matrix for advocacy. Co-author advocacy position letters to state representatives. Example: Co-authored a letter of support for a Housing Element Informational Hearing and Status Update, sent to Assembly Committee. Lead development of ADU Calculator tool for the South Bay. Beta version: https://southbaycities.aducalculator.org/. ADU Calculator is a FREE online tool to help residents estimate construction costs and rental income from developing an ADU. It is 269 funded by Chan Zuckerberg Initiative at no cost to cities. Researched the calculator, brought consultants to monthly CDD meeting for presentation; currently manage cities’ self-reported ADU data entry process and serve as consultant’s liaison. Residents can use the ADU Calculator to estimate costs of constructing an ADU in the City of Rolling Hills. Contribute to potential formation of a regional South Bay Housing Trust Fund. Example: Researched and co-authored a “Pros and Cons” memo on Housing Trust Funds as Nonprofit vs JPA for SBCCOG Board of Directors, in collaboration with COG staff and legal team. Served as invited panelist at 2021 Environmental Justice Enforcement Symposium representing SBCCOG. Discussed ways to build community partnerships through compassionate planning and code enforcement. Oversee implementation the SCAG’s Regional Early Action Planning (REAP) projects funded for the South Bay. Manage four (4) REAP 1.0 grant projects with a budget of $603,000. Developed RFPs, led the procurement process; currently conduct project management, coordinate with consultants, interface with SCAG. Project duration 2021- 2023. ADU Acceleration (consultant: Black & Veatch, Pocket Housing) Study of ADU patterns, challenges, opportunities in 8 South Bay cities Commercial Redevelopment into Housing (consultant: Studio 111, Kosmont) Study of under-performing commercial segments and resources needed for redevelopment into affordable, sustainable housing in 6 South Bay cities Housing Education Program 10-part online housing education series for South Bay city leaders SB 330 Protected Units Supplemental Application Form Supplemental form for applicants and cities to document Protected Units for replacement if subject to demolition in SB 330 projects Research and prepare for REAP 2.0 application for transformative planning and implementation projects with funding potential totaling $247 million for the SCAG region. FISCAL IMPACT: Based on the City's population, the FY2022-23 contribution would be $2,000. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_220613_SBCCOG_22-23_Assessment_RegionalPlanner.pdf 270 Special Assessment Proposed for Regional Planner 2021-2022 2022-2023 OVER 75,000 population Carson 9,000 4,500 Hawthorne 9,000 4,500 Inglewood 9,000 4,500 Los Angeles County 9,000 4,500 Los Angeles City 9,000 4,500 Torrance 9,000 4,500 30,000 TO 75,000 population Gardena 6,500 3,250 Lawndale 6,500 3,250 Manhattan Beach 6,500 3,250 Rancho Palos Verdes 6,500 3,250 Redondo Beach 6,500 3,250 UNDER 30,000 population El Segundo 4,000 2,000 Hermosa Beach 4,000 2,000 Lomita 4,000 2,000 Palos Verdes Estates 4,000 2,000 Rolling Hills 4,000 2,000 Rolling Hills Estates 4,000 2,000 TOTAL 110,500 55,250 271 Agenda Item No.: 11.D Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:VANESSA HEVENER, SENIOR MANAGEMENT ANALYST THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE AND AUTHORIZE CITY MANAGER TO SUBMIT THE SEPULVEDA CANYON CONTINUOUS FLOW MONITORING TECHNICAL MEMORANDUM AND REVISED SUBSECTION 3.5.2 DATE:June 27, 2022 BACKGROUND: On January 31, 2022, the City of Rolling Hills submitted to the California Water Quality Control Board-Los Angeles Region (Regional Board) an Addendum to the Palos Verdes Peninsula Enhanced Watershed Management Program (EWMP Addendum) to include the City as an 85%, 24-hour runoff retention area. Included in that submittal was a detailed matrix of itemized changes to the 2021 EWMP, a new narrative subsection 3.5.2 with s hort narrative summary of continuous flow monitoring data collected from Sepulveda Canyon for the period of October 2020 through December 31, 2021. In its January 2022 submittal, the City committed to providing a complete hydrologic analysis technical report following the close of the 2021-2022 rain year in order to provide two complete wet weather seasons of flow monitoring data to support the City’s assertion that the net effect of Rolling Hills’ planning and land development standards along with its extensive network of natural canyon drainage systems would effectively retain runoff from the 85th percentile, 24- hour rain event within city limits. In comments received from the Regional Board staff on the EWMP Addendum, the City and the Palos Verdes Peninsula Watershed Management Group were instructed to submit a revised Peninsula EWMP by May 13, 2022 incorporating the changes listed in the EWMP Addendum into the Peninsula EWMP as well as to address other comments from the Regional Board staff among which was to include a summary of the Rolling Hills hydrologic analysis in Section 3.5.2 of the Peninsula EWMP. The updated Peninsula EWMP was submitted to the Regional Board staff in track changes and clean versions by the specified date. DISCUSSION: 272 The City of Rolling Hills’ consultant conducted a continuous flow monitoring study in Sepulveda Canyon during two wet weather seasons from October 26, 2020 through April 30, 2022. The continuous flow monitoring and visual inspections were conducted within a culvert at the Middleridge Road crossing. The purpose of the study was to determine if the Sepulveda Canyon effectively retains the 85th percentile, 24-hour storm event (estimated to be 1.0 inches based on the isohyetal map obtained from the Los Angeles County Department of Public Works Hydrology Manual and GIS database). The attached Sepulveda Canyon Continuous Flow Technical Memorandum confirms that Sepulveda Canyon effectively retained all storm events during the study period less than or equal to the 85th percentile, 24-hour storm event. The following key takeaways are provided below: Sepulveda Canyon effectively retained the volume of flow generated by all storm events during the 2020-2021 wet season, including two storm events greater than the 85th percentile, 24-hour storm event. Sepulveda Canyon effectively retained the volume of flow generated by all storm events that occurred during the 2021-2022 wet season less than or equal to the 85th percentile, 24-hour storm event. A brief period of flow was observed during the December 23-24, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches. The onset of flow commenced following 1.2 inches of rainfall within 24 hours and the flows likely originated from a small portion of the surrounding drainage area, rather than the entirety of Sepulveda Canyon. The total rainfall for the first 24 hours of the storm was 1.4 inches and the total rainfall for the event was 1.6 inches. Flow was observed during the December 29-30, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches and greater than the 95th percentile, 24-hour storm event rainfall depth of 2.0 inches. The onset of flow from the entire Sepulveda Canyon drainage area commenced following 1.59 inches of rainfall within 24 hours. The total rainfall for the first 24 hours of the storm was 2.47 inches and the total rainfall for the 32 hour event was 3.07 inches. Based on prior correspondence with Regional Board staff, the City committed to provide this additional technical memo to aid Regional Board staff in their review of the EWMP Addendum in order to provide the City with the final approval. Together with the additional technical report, the City will submit a revised subsection 3.5.2 of the EWMP Addendum to incorporate the conclusions above from the technical memorandum. The Technical Memorandum and revised subsection 3.5.2 will be submitted to the Regional Board upon approval by City Council. FISCAL IMPACT: Monitoring of Sepulveda Canyon, and the review and analysis of the data is funded by Local Return Funds from the Safe, Clean Water Program (Measure W). RECOMMENDATION: Approve as presented. ATTACHMENTS: Sepulveda Canyon Continuous Flow Technical Memorandum_Final.pdf 273 PVP_EWMP_Sec_3.5.2(Final)redline.pdf PVP_EWMP_Sec_3.5.2(Final).pdf 274 Page 1 of 14 3777 Long Beach Boulevard, Annex Building | Long Beach, CA 90807 NV5.com O.800-777-0605 June 8, 2022 Elaine Jeng City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Subject: Sepulveda Canyon Continuous Flow Technical Memorandum Dear Ms. Jeng, NV5 is pleased to provide the City of Rolling Hills (Rolling Hills) with this technical memorandum presenting the results of the continuous flow data collected to determine if Sepulveda Canyon effectively retains the 85th percentile, 24-hour storm event. METHODOLOGY Continuous flow monitoring was conducted in Sepulveda Canyon over the course of two wet weather seasons from October 26, 2020 through April 30, 2022. The continuous flow monitoring equipment was located in Sepulveda Canyon at the road crossing of Middleridge Road (33.773522, -118.348538), which is an accessible location near the bottom of the canyon suitable for flow monitoring. Sepulveda Canyon is located on the east side of the Palos Verdes Peninsula, south of N. Palos Verdes Drive, and about 0.5 miles east of Crenshaw Boulevard. Rainfall data for October 2020 through April 2022 was obtained from the Los Angeles County Department of Public Works (LADPW) Rolling Hills rain gauge (Alert ID 2570300, 33.75694, -118.3544, elevation 1262 feet) and historical rainfall data from October 2016 through April 2020 was obtained from the MesoWest Palos Verdes rain gauge (Station ID AS176, 33.75964, -118.36685, elevation 1204 feet). The continuous flow monitoring location and the rainfall gauge locations are provided in Figure 1. Photographs of the continuous flow monitoring location are provided in Figure 2 and Figure 3. The flow equipment included an ultra-sonic sensor and data logger with near real-time access through NV5’s MS4 Flow SystemTM web portal. During the installation, the MS4 outfall pipe dimensions and slope were measured, and the flow equipment was programmed to continuously log level measurements in inches and flow measurements in both gallons per minute (gpm) and cubic feet per second (cfs). Upon completion of the installation, the wireless data logger was programmed to transmit the level and flow data to the secure web portal at five minute intervals. 275 Sepulveda Canyon Continuous Flow Technical Memorandum Page 2 of 14 Flow rates were measured in accordance with the United States Environmental Protection Agency (USEPA) National Pollutant Discharge Elimination System (NPDES) Storm Water Sampling Guidance Document (USEPA-833-B-92-001). Calibration of the equipment was conducted immediately prior to deployment. Periodic maintenance and calibration was scheduled based on site evaluations of the near real-time flow data. Calibrations were conducted in accordance with the manufacturer’s specifications and equipment was calibrated on-site and field verified for accuracy with a level measurement tape. The flow monitoring equipment was maintained throughout the deployment to ensure functionality. Routine quality assurance/quality control of the level data and flow calculations was conducted and the data were reviewed remotely to prevent data gaps through routine data evaluation. In addition to the remote review of the flow equipment, monthly inspections were conducted from November 2020 through June 2021 and field visits were conducted during storm events throughout the deployment period from October 26, 2020 through April 30, 2022 to confirm the flow measurements and document the site conditions. Figure 1. Continuous Flow Monitoring and Rain Gauge Locations 276 Sepulveda Canyon Continuous Flow Technical Memorandum Page 3 of 14 Figure 2. Continuous Flow Monitoring Location Figure 3. Continuous Flow Monitoring Location 277 Sepulveda Canyon Continuous Flow Technical Memorandum Page 4 of 14 CONTINUOUS FLOW MONITORING RESULTS Sepulveda Canyon is the largest canyon system within the Machado Lake tributary area of Rolling Hills, and the second largest in Rolling Hills. It extends from the top of the Palos Verdes Peninsula at the drainage divide between the Machado Lake and Santa Monica Bay watersheds, running northward toward the northern boundary of Rolling Hills. Sepulveda Canyon consists of approximately 280 acres lying entirely within Rolling Hills with land use representative of the city as a whole. The 85th and 95th percentile, 24-hour storm event rainfall depths for Sepulveda Canyon are 1.0 and 2.0 inches, respectively, which are estimated based on the isohyetal map obtained from the 2006 LACDPW Hydrology Manual and GIS database. A summary of the rainfall totals for the storm events during the 2020-2021 wet weather season (October through April) are provided in Table 1. No flow was recorded by the Sepulveda Canyon monitoring equipment throughout the 2020-2021 wet weather season, including the two storm events greater than the 85th percentile, 24-hour storm event (December 28, 2020 and January 28, 2021). The continuous flow data from October 26, 2020 through June 30, 2021 are provided in Attachment 1. Table 1. 2020-2021 Storm Event Summary Storm Start Date Storm End Date Total Rainfall (inches)1 11/07/2020 11/07/2020 0.10 12/28/2020 12/28/2020 1.202 01/23/2021 01/23/2021 0.32 01/24/2021 01/25/2021 0.19 01/28/2021 01/29/2021 1.132 03/03/2021 03/03/2021 0.12 03/10/2021 03/11/2021 1.053 03/15/2021 03/15/2021 0.22 1. Los Angeles County Department of Public Works Rolling Hills rain gauge 2. Exceeds 85th percentile, 24-hour storm event rainfall depth 3. Does not exceed the 85th percentile, 24-hour storm event rainfall depth. Less than 1.0 inches was observed within the first 24 hours. A summary of the rainfall totals for the storm events during the 2021-2022 wet weather season (October through April) are provided in Table 2, which included two storm events greater than the 85th percentile, 24-hour storm event (December 23-24, 2021 and December 29-30, 2021). The continuous flow data from July 1, 2021 through April 30, 2022 are provided in Attachment 1. 278 Sepulveda Canyon Continuous Flow Technical Memorandum Page 5 of 14 Table 2. 2021-2022 Storm Event Summary Storm Start Date Storm End Date Total Rainfall (inches)1 10/25/2021 10/25/2021 0.44 12/14/2021 12/14/2021 0.57 12/16/2021 12/17/2021 0.61 12/23/2021 12/24/2021 1.602 12/25/2021 12/25/2021 0.44 12/27/2021 12/27/2021 0.17 12/29/2021 12/30/2021 3.072 3/28/2022 3/29/2022 0.95 1. Los Angeles County Department of Public Works Rolling Hills rain gauge 2. Exceeds 85th percentile, 24-hour storm event rainfall depth Rolling Hills received a total of 6.60 inches of rainfall during December 2021, which included numerous rainfall events during the second half of the month. The cumulative rainfall and flow hydrograph are provided in Figure 5, which include two events with recorded flow on December 23-24, 2021 and December 29-30, 2021. The first rainfall event that generated flow on December 23-24, 2021 was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches. The total rainfall for the first 24 hours of the storm was 1.4 inches and the total rainfall for the event was 1.6 inches. The brief period of flow observed during the storm event commenced following 1.2 inches of rainfall within 24 hours, indicating Sepulveda Canyon retained the volume of flow generated up to and past the 85th percentile, 24-hour storm event. The month to date rainfall total for December at the onset of flow was 2.52 inches (Figure 5). Flow was observed for approximately three hours during the storm event and the total flow volume was approximately 75 cubic feet with a peak flow rate of 0.06 cfs. During the brief period of minimal flows, no inflection point was observed indicating there was likely no connectivity of flow from the entire Sepulveda Canyon drainage area. The onset of flow originated after the event was greater than the 85th percentile, 24-hour storm event and the flows likely originated from a small portion of the surrounding drainage area, rather than the entirety of Sepulveda Canyon. The cumulative rainfall and flow hydrograph are provided in Figure 6. The second rainfall event that generated flow on December 29-30, 2021 was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches and greater than the 95th percentile, 24-hour storm event rainfall depth of 2.0 inches. The total rainfall for the first 24 hours of the storm was 2.47 inches and the total rainfall for the 32 hour event was 3.07 inches. The first 24 hours of the storm event was calculated based on the rainfall observed from December 29, 2021 at 10:53 a.m. through December 30, 2021 at 10:53 a.m. The ten hours prior to December 29, 2021 at 10:53 a.m. received less than a tenth of an inch (0.03 inches). The onset of flow attributed to 279 Sepulveda Canyon Continuous Flow Technical Memorandum Page 6 of 14 the entire Sepulveda Canyon drainage area commenced following 1.59 inches of rainfall within 24 hours (Figure 7). An initial period of flow similar in magnitude to the flow observed the December 23-24, 2021 storm event was observed for approximately four hours. Based on the magnitude of initial flow rates observed, the first four hours of flow likely originated from a small portion of the surrounding drainage area, rather than the entirety of Sepulveda Canyon. The total volume of flow recorded in the first four hours prior to the storm event reached the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches was approximately 400 cubic feet with a peak flow rate of 0.18 cfs. This volume represents 0.35 percent of the total storm event volume and indicates the canyon likely retained the volume of flow generated up to the 85th percentile, 24- hour storm event rainfall depth of 1.0 inches. Flows of similar magnitude continued for approximately three additional hours until the flow rates increased significantly when event rainfall total reached 1.59 inches, as indicated by the inflection point on the hydrograph (Figure 7). The total volume of flow recorded prior to inflection point (up to 1.59 inches of rainfall within 24 hours) was approximately 2,300 cubic feet with a peak flow rate of 0.37 cfs, which represents 2.0 percent of the total storm event volume. The month to date rainfall total for December at the time the storm flows increased significantly was 5.10 inches (Figure 5). The inflection point likely indicates the point at which the observed flows were due to connectivity from the entire Sepulveda Canyon drainage area. The total volume of the flow recorded following the inflection point at 1.59 inches of rainfall was approximately 115,000 cubic feet with a peak flow rate of 18.04 cfs, which can likely be attributed to the entire Sepulveda Canyon drainage area. Photographs are provided in Figure 4 and the cumulative rainfall and flow hydrograph are provided in Figure 7. 280 Sepulveda Canyon Continuous Flow Technical Memorandum Page 7 of 14 Figure 4. Continuous Flow Monitoring Location During 12/30/2021 Storm Event 281 Sepulveda Canyon Continuous Flow Technical Memorandum Page 8 of 14 Figure 5. Cumulative Rainfall and Flow Hydrograph for December 2021 282 Sepulveda Canyon Continuous Flow Technical Memorandum Page 9 of 14 Figure 6. Cumulative Rainfall and Flow Hydrograph December 23-24, 2021 283 Sepulveda Canyon Continuous Flow Technical Memorandum Page 10 of 14 Figure 7. Cumulative Rainfall and Flow Hydrograph December 29-30, 2021 284 Sepulveda Canyon Continuous Flow Technical Memorandum Page 11 of 14 HISTORICAL RAINFALL A summary of the historical rainfall records for Rolling Hills between October 2016 through April 2022 are summarized in the following figures. Figure 8 provides a summary of all of the storm events greater than or equal to the 85th percentile, 24-hour storm event. A total of 17 storm events greater than or equal to the 85th percentile, 24-hour storm event have occurred near Sepulveda Canyon since October 2016 and the December 29-30, 2021 event had the second largest 24-hour rainfall total (2.47 inches). Figure 9 provides a summary of the monthly rainfall totals (October- April) for each wet weather season. December 2021 was the wettest December and the third wettest month since October 2016 (over a six-year period). Figure 8. Storm Events Exceeding 85th Percentile, 24-hour Storm from October 2016 through April 2022 285 Sepulveda Canyon Continuous Flow Technical Memorandum Page 12 of 14 Figure 9. Monthly Rainfall Totals from October 2016 through April 2022 October November December January February March April 2016-2017 0.69 1.51 2.89 7.47 5.27 0.05 0.04 2017-2018 0.11 0.52 0.06 1.20 0.71 2.34 0.21 2018-2019 0.60 1.30 1.73 7.38 4.90 2.71 0.08 2019-2020 0.03 1.37 3.01 0.58 0.56 3.29 2.94 2020-2021 0.00 0.10 1.21 1.69 0.00 1.39 0.00 2021-2022 0.56 0.04 6.60 0.01 0.08 1.03 0.10 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 Total Rainfall (inches)286 Sepulveda Canyon Continuous Flow Technical Memorandum Page 13 of 14 CONCLUSIONS Continuous flow monitoring was conducted in Sepulveda Canyon over the course of two wet weather seasons from October 26, 2020 through April 30, 2022 to determine if Sepulveda Canyon effectively retains the 85th percentile, 24-hour storm event. The results of the continuous flow monitoring data demonstrate that Sepulveda Canyon effectively retained all storm events from October 26, 2020 through April 30, 2022 that were less than or equal to the 85th percentile, 24- hour storm event. The following key takeaways are provided below: • Sepulveda Canyon effectively retained the volume of flow generated by all storm events during the 2020-2021 wet season, including two storm events greater than the 85th percentile, 24-hour storm event. • Sepulveda Canyon effectively retained the volume of flow generated by all storm events that occurred during the 2021-2022 wet season less than or equal to the 85th percentile, 24-hour storm event. • A brief period of flow was observed during the December 23-24, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches. The onset of flow commenced following 1.2 inches of rainfall within 24 hours and the flows likely originated from a small portion of the surrounding drainage area, rather than the entirety of Sepulveda Canyon. The total rainfall for the first 24 hours of the storm was 1.4 inches and the total rainfall for the event was 1.6 inches. • Flow was observed during the December 29-30, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches and greater than the 95th percentile, 24-hour storm event rainfall depth of 2.0 inches. The onset of flow from the entire Sepulveda Canyon drainage area commenced following 1.59 inches of rainfall within 24 hours. The total rainfall for the first 24 hours of the storm was 2.47 inches and the total rainfall for the 32 hour event was 3.07 inches. Please do not hesitate to contact me should you have any questions or concerns regarding this Sepulveda Canyon Rainfall and Flow Technical Memorandum. For and on behalf of NV5, Garth R. Engelhorn Water Resources Sr. Consultant/Project Manager 287 Sepulveda Canyon Continuous Flow Technical Memorandum Page 14 of 14 Attachments Attachment 1 – Continuous Flow Monitoring Data (Excel) Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program. 288 Attachment 1 Continuous Flow Data (Excel) 289 | Page 3.5.2 85TH PERCENTILE, 24-HOUR RUNOFF RETENTION AREAS As provided in Order R4-2021-0105 Part IX.A.4.k., Watershed Management Programs may demonstrate that strategies, control measures, and BMPs cumulatively retain the runoff volume from the 85th percentile, 24 -hour storm event for the drainage area tributary to the applicable receiving water and for such areas an RAA is not required. Furthermore, as provided in Order R4-2021-0105 Part X.B.2.b.iii., a Permittee is deemed in compliance with final WQBELs and receiving water limitations if it has retained all conditionally exempt, non-essential non-stormwater and all stormwater runoff up to and including the volume equivalent to the 85th percentile, 24-hour event for the drainage area tributary to the applicable receiving water provided the Permittee is implementing all actions and schedules in an approved Watershed Management Program. Watershed areas that fully retain the 85th percentile, 24-hour runoff volume and were excluded from the RAA analysis are shown in Figure 3.12 and described in the subsequent narrative. Figure 3-1 85th Percentile, 24-Hour Runoff Retention Areas Excluded from RAA 290 Palos Verdes Peninsula Enhanced Watershed Management Program | Page ROLLING HILLS NATURE -BASED RUNOFF RETENTION AREA The City of Rolling Hills (Rolling Hills) is a small, entirely residential semi-rural community of single-family homes with fewer than 2,000 residents in three square miles. By design, it is a model of low-impact development utilizing nature-based solutions for management of stormwater. Its zoning code includes strict standards for development ratios on each property and limits disturbed area during development. A substantial area of land in Rolling Hills is constrained from development due to steep hillsides and canyons; the use of these areas as wildlife habitat and for native vegetation is emphasized. Rolling Hills’ zoning code further promotes the preservation and appreciation of open space by requiring easements for equestrian/hiking trails on all lots. There are approximately 30 miles of unpaved equestrian/hiking trails throughout the city.1 Under Rolling Hills municipal code2, only 40% of the net area of a residential lot may be disturbed during construction and the remaining area of the lot must remain in its natural, pre-development state. Only 35% of the net lot area may be developed with impervious surfaces, including structures, patios, and other paved areas. Given that the minimum lot size in Rolling Hills is 1 acre, with many substantially larger lots, the limitation on lot coverage preserves significant permeable area throughout the city. Additionally, driveways may not cover more than 20% of the area of the yard in which they are located, and uncovered motor courts/parking pads may not cover more than 10% of the yard in which they are located. Roads within the City have many green street features. They are designed as narrow, two-lane undivided winding roads 20 to 25 feet wide with rolling to steep grades lined with significant naturalized landscaping. There are no sidewalks or curb-and-gutter systems, and roads are not designed to be stormwater conveyance systems.3 Stormwater run-off that is not contained on properties is conveyed through Rolling Hills via natural, soft bottom, vegetated drainage courses/canyons (see Figure 3-13), providing disconnection of impervious developed areas and ample opportunity for natural bioretention and infiltration as described in Section 2.3.1: Pollutant Fate and Transport Mechanisms within the Watershed. There is limited public infrastructure and no city-owned or maintained storm drains, roads, sidewalks, or curb-and-gutter, though there are some limited, discontinuous drainage improvements owned/operated by the Los Angeles County Flood Control District (LACFCD). 1 City of Rolling Hills 1990. General Plan – Land Use Element. June 25, 1990. 2 Rolling Hills Municipal Code, Title 17 https://library.municode.com/ca/rolling_hills/codes/code_of_ordinances?nodeId=TIT17ZO 3 City of Rolling Hills 1990. General Plan – Circulation Element. June 25, 1990. 291 Palos Verdes Peninsula Enhanced Watershed Management Program | Page Figure 3-13 Rolling Hills Nature-Based Stormwater Runoff Retention Area The net effect of Rolling Hills’ planning and land development standards along with its extensive network of natural canyon drainage systems is to promote retention and infiltration, creating a system of nature- based solutions for stormwater management. Along with the Minimum Control Measures, Non- Stormwater Discharge Measures, and Targeted Non-Structural Control Measures described in Sections 3.1, 3.2 and 3.3, this system of nature-based runoff retention measures effectively retains runoff from the 85%, 24-hr rain event within Rolling Hills as demonstrated through monitoring. Continuous flow monitoring was conducted in Sepulveda Canyon in Rolling Hills for two completeover the course of the 2020-2021 and 2021-2022 wet-weather seasons, from October 26, 2020 through April 2022. The results of the continuous flow monitoring data demonstrate that Sepulveda Canyon effectively retained runoff from all storm events between October 26, 2020 and April 30, 2022 that were less than or equal to the 85th percentile, 24-hour storm event. Sepulveda Canyon is the largest canyon system within the Machado Lake tributary area of City, and the second largest in the City as a whole. It extends from the top of the Palos Verdes Peninsula at the drainage divide between the Machado Lake and Santa Monica Bay watersheds, running northward to the City’s northern boundary. Sepulveda Canyon consists 292 Palos Verdes Peninsula Enhanced Watershed Management Program | Page of approximately 280 acres lying entirely within Rolling Hills with tributary land use representative of the City as a whole. The continuous flow monitoring was conducted using an ultra-sonic sensor and data logger within a culvert at the Middleridge Road crossing (33.773522, -118.348538), which is an accessible location near the bottom of the canyon suitable for flow monitoring. The continuous flow monitoring yielded the following key conclusions: • No dry weather flows were observed. • Sepulveda Canyon effectively retained the volume of flow generated by all storm events during the 2020-2021 wet season, including two storm events greater than the 85th percentile, 24-hour storm event. • Sepulveda Canyon effectively retained the volume of flow generated by all storm events that occurred during the 2021-2022 wet season less than or equal to the 85th percentile, 24-hour storm event. • A brief period of flow was observed during the December 23-24, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches. The onset of flow commenced following 1.2 inches of rainfall within 24 hours and the flows likely originated from a small portion of the surrounding drainage area, rather than the entirety of Sepulveda Canyon. The total rainfall for the first 24 hours of the storm was 1.4 inches and the total rainfall for the event was 1.6 inches. • Flow was observed during the December 29-30, 2021 storm event that was greater than the 85th percentile, 24 -hour storm event rainfall depth of 1.0 inches and greater than the 95th percentile, 24-hour storm event rainfall depth of 2.0 inches. The onset of flow from the entire Sepulveda Canyon drainage area commenced following 1.59 inches of rainfall within 24 hours. The total rainfall for the first 24 hours of the storm was 2.47 inches and the total rainfall for the 32-hour event was 3.07 inches. No flow was recorded by the Sepulveda Canyon monitoring equipment during two complete wet seasons except for during one intense rain event that occurred from December 29 - 30, 2021. Monthly visual field inspections conducted between November 2020 and June 2021 confirmed the absence of flows and documented the site conditions during storm events. In Rolling Hills the 85th %, 24-hr rain event ranges from 1.0 - 1.1 inches, depending on location. From October 26, 2020, through April 30, 2022, there were four (4) rainfall events greater than or equal to (≧) the 85th%, 24-hr event with numerous lesser rainfall events occurring. No flow was measured at the Sepulveda Canyon monitoring station during three of the ≧85th%, 24-hr rain events which ranged from 1.13 to 1.38 inches of rainfall, nor was any flow measured during the smaller rain events. The fourth large rain event, which occurred from December 29-30, 2021, was more intense and more than twice the 85th% 24-hour storm depth; the LA County rain gauge at the Rolling Hills Fire Station recorded 2.36 inches in the 24-hour period from 10am on December 29th through 10am on December 30th, 2021, which was in excess of the 95%, 24 -hour storm depth. In total, the Rolling Hills Fire Station rain gauge recorded more than 3 inches for that entire rain event which spanned 31 hours and produced flow at the Sepulveda Canyon monitoring station beginning approximately 14 hours after the rain event began. That rainfall event provides an estimate of the upper bound on the retentive capacity of runoff retention in Rolling Hills. The no-flow results observed during the three other ≧85th%, Formatted: Font: +Body (Calibri) 293 Palos Verdes Peninsula Enhanced Watershed Management Program | Page 24-hr rainfall events as well as the numerous smaller rainfall events that occurred throughout the monitoring period provide evidence that the strategies, control measures and BMPs implemented by Rolling Hills cumulatively retain stormwater runoff up to and including runoff from the 85th percentile, 24 - hour storm event, as well as any conditionally exempt non-stormwater discharges. 294 | Page 3.5.2 85TH PERCENTILE, 24-HOUR RUNOFF RETENTION AREAS As provided in Order R4-2021-0105 Part IX.A.4.k., Watershed Management Programs may demonstrate that strategies, control measures, and BMPs cumulatively retain the runoff volume from the 85th percentile, 24-hour storm event for the drainage area tributary to the applicable receiving water and for such areas an RAA is not required. Furthermore, as provided in Order R4-2021-0105 Part X.B.2.b.iii., a Permittee is deemed in compliance with final WQBELs and receiving water limitations if it has retained all conditionally exempt, non-essential non-stormwater and all stormwater runoff up to and including the volume equivalent to the 85th percentile, 24-hour event for the drainage area tributary to the applicable receiving water provided the Permittee is implementing all actions and schedules in an approved Watershed Management Program. Watershed areas that fully retain the 85th percentile, 24-hour runoff volume and were excluded from the RAA analysis are shown in Figure 3.12 and described in the subsequent narrative. Figure 3-1 85th Percentile, 24-Hour Runoff Retention Areas Excluded from RAA 295 Palos Verdes Peninsula Enhanced Watershed Management Program | Page ROLLING HILLS NATURE-BASED RUNOFF RETENTION AREA The City of Rolling Hills (Rolling Hills) is a small, entirely residential semi-rural community of single-family homes with fewer than 2,000 residents in three square miles. By design, it is a model of low-impact development utilizing nature-based solutions for management of stormwater. Its zoning code includes strict standards for development ratios on each property and limits disturbed area during development. A substantial area of land in Rolling Hills is constrained from development due to steep hillsides and canyons; the use of these areas as wildlife habitat and for native vegetation is emphasized. Rolling Hills’ zoning code further promotes the preservation and appreciation of open space by requiring easements for equestrian/hiking trails on all lots. There are approximately 30 miles of unpaved equestrian/hiking trails throughout the city.1 Under Rolling Hills municipal code 2, only 40% of the net area of a residential lot may be disturbed during construction and the remaining area of the lot must remain in its natural, pre-development state. Only 35% of the net lot area may be developed with impervious surfaces, including structures, patios, and other paved areas. Given that the minimum lot size in Rolling Hills is 1 acre, with many substantially larger lots, the limitation on lot coverage preserves significant permeable area throughout the city. Additionally, driveways may not cover more than 20% of the area of the yard in which they are located, and uncovered motor courts/parking pads may not cover more than 10% of the yard in which they are located. Roads within the City have many green street features. They are designed as narrow, two-lane undivided winding roads 20 to 25 feet wide with rolling to steep grades lined with significant naturalized landscaping. There are no sidewalks or curb-and-gutter systems, and roads are not designed to be stormwater conveyance systems.3 Stormwater run-off that is not contained on properties is conveyed through Rolling Hills via natural, soft bottom, vegetated drainage courses/canyons (see Figure 3-13), providing disconnection of impervious developed areas and ample opportunity for natural bioretention and infiltration as described in Section 2.3.1: Pollutant Fate and Transport Mechanisms within the Watershed. There is limited public infrastructure and no city-owned or maintained storm drains, roads, sidewalks, or curb-and-gutter, though there are some limited, discontinuous drainage improvements owned/operated by the Los Angeles County Flood Control District (LACFCD). 1 City of Rolling Hills 1990. General Plan – Land Use Element. June 25, 1990. 2 Rolling Hills Municipal Code, Title 17 https://library.municode.com/ca/rolling_hills/codes/code_of_ordinances?nodeId=TIT17ZO 3 City of Rolling Hills 1990. General Plan – Circulation Element. June 25, 1990. 296 Palos Verdes Peninsula Enhanced Watershed Management Program | Page Figure 3-13 Rolling Hills Nature-Based Stormwater Runoff Retention Area The net effect of Rolling Hills’ planning and land development standards along with its extensive network of natural canyon drainage systems is to promote retention and infiltration, creating a system of nature- based solutions for stormwater management. Along with the Minimum Control Measures, Non- Stormwater Discharge Measures, and Targeted Non-Structural Control Measures described in Sections 3.1, 3.2 and 3.3, this system of nature-based runoff retention measures effectively retains runoff from the 85%, 24-hr rain event within Rolling Hills as demonstrated through monitoring. Continuous flow monitoring was conducted in Sepulveda Canyon in Rolling Hills over the course of the 2020-2021 and 2021-2022 wet-weather seasons. The results of the continuous flow monitoring data demonstrate that Sepulveda Canyon effectively retained runoff from all storm events between October 26, 2020 and April 30, 2022 that were less than or equal to the 85th percentile, 24-hour storm event. Sepulveda Canyon is the largest canyon system within the Machado Lake tributary area of City, and the second largest in the City as a whole. It extends from the top of the Palos Verdes Peninsula at the drainage divide between the Machado Lake and Santa Monica Bay watersheds, running northward to the City’s northern boundary. Sepulveda Canyon consists of approximately 280 acres lying entirely within Rolling Hills with tributary land use representative of the City as a whole. The continuous flow monitoring was conducted using an ultra-sonic sensor and data logger within a culvert at the Middleridge Road crossing 297 Palos Verdes Peninsula Enhanced Watershed Management Program | Page (33.773522, -118.348538), which is an accessible location near the bottom of the canyon suitable for flow monitoring. The continuous flow monitoring yielded the following key conclusions: • No dry weather flows were observed. • Sepulveda Canyon effectively retained the volume of flow generated by all storm events during the 2020-2021 wet season, including two storm events greater than the 85th percentile, 24-hour storm event. • Sepulveda Canyon effectively retained the volume of flow generated by all storm events that occurred during the 2021-2022 wet season less than or equal to the 85th percentile, 24-hour storm event. • A brief period of flow was observed during the December 23-24, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches. The onset of flow commenced following 1.2 inches of rainfall within 24 hours and the flows likely originated from a small portion of the surrounding drainage area, rather than the entirety of Sepulveda Canyon. The total rainfall for the first 24 hours of the storm was 1.4 inches and the total rainfall for the event was 1.6 inches. • Flow was observed during the December 29-30, 2021 storm event that was greater than the 85th percentile, 24-hour storm event rainfall depth of 1.0 inches and greater than the 95th percentile, 24-hour storm event rainfall depth of 2.0 inches. The onset of flow from the entire Sepulveda Canyon drainage area commenced following 1.59 inches of rainfall within 24 hours. The total rainfall for the first 24 hours of the storm was 2.47 inches and the total rainfall for the 32-hour event was 3.07 inches. 298 Agenda Item No.: 12.A Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1300 ADOPTING THE 2022/2023 FISCAL YEAR BUDGET AND RESOLUTION NO. 1301 ESTABLISHING THE ANNUAL APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS. DATE:June 27, 2022 BACKGROUND: On May 23, 2022 the City Council held a budget workshop to review the draft proposed 2022/23 budget which was reviewed by the City Council Finance/Budget/Audit committee on May 9, 2021. The Proposed FY 2022/23 Budget was reviewed in detail: City Council reviewed the General Fund FY 2022/23 draft proposed budget as presented. City Council reviewed the Other Funds FY 2022/23 draft proposed budget as presented. The Council directed staff to schedule a follow-up Finance/Budget/Audit Committee meeting for further evaluation, to identify potential savings, and discuss further cuts in the core budget that would bring it closer to balance, including potential one-time capital costs. That meeting was held on May 31, 2022. The budget serves as the City’s roadmap for allocating resources. The budget is a resource allocation plan for providing city services and achieving the priorities and goals that serve residents and the public. Importantly, the budget also represents the projections necessary for managing and monitoring annual revenue and expenditures in a fiscally responsible manner. The preparation of the fiscal year (FY) involves numerous steps. The steps in the budget process, to date, have included: 1. January 10, 2022 – City Council received, reviewed and approved the FY 2022/23 budget calendar. 2. March 14, 2022 – City Council received and reviewed the FY 2020/21 mid-year budget 299 report and approved the recommended budget adjustments. 3. April 11, 2022 – City Council Finance/Budget/Audit Committee reviewed the audited Financial Statements for the Fiscal Year ending June 30, 2021 and personnel cost impacts related to contract services and reclassification of position. 4. April 25, 2022 – City Council Finance/Budget/Audit Committee reviewed Financial and Investment Policies; and reviewed and discussed the Schedule of Fees and Charges. 5. May 9, 2022 – City Council Finance/Budget/Audit Committee reviewed the FY 2022/23 staff proposed budget. 6. May 23, 2022 – City Council Budget Workshop reviewed FY 2022/23 staff proposed budget as presented to the Finance/Audit Committee. 7. May 31, 2022 – City Council Finance/Budget/Audit Committee reviewed revisions to the FY 2021/22 staff proposed budget. 8. June 13, 2022 City Council public hearing, adoption of the FY 2022/23 budget, and approval of GANN Limit. DISCUSSION: On Monday, May 9, 2022, staff presented the proposed Fiscal Year 2022-23 budget to the Finance/Budget/Audit Committee for their feedback and direction. At that time, the proposed General Fund operating budget was not balanced, requiring the use of General Fund reserves to correct. The Finance Committee directed staff to identify measures to balance the operating budget and to identify any one-time operating costs in order to measure the true ongoing deficit. On May 23, 2022, staff presented to the City Council the same proposed General Fund operating budget, with one-time costs separated from the ongoing core operational budget. As a result, the ongoing operating deficit was reduced to $480,984. In addition, staff identified potential balancing options for Council to consider that, if implemented, would eliminate the projected deficit. Council considered the proposed budget as presented and directed staff to bring the information back to the Finance Committee for further review and direction. In addition, Council provided the following feedback: 1. Staff should recommend which balancing measures to implement that either entirely close the deficit or comes reasonably close; 2. Do not include any operational cost recovery balancing measures that increase fees; or 3. Consider increasing the assumed growth rates for property taxes and real property tax revenues Based on the feedback and direction received from Council, staff has developed a proposed General Fund budget that is balanced through a combination of increased revenues and the prudent use of reserves. PROPOSED CHANGES TO REVENUE ESTIMATES Staff is recommending increasing the fiscal year 2022-23 projections for property taxes and real property taxes as described below. Property Taxes - Based on the amounts recently received in April and May, we have a better estimate of fiscal year 2021/22 revenues, which staff has adjusted (increased) by 300 $62,750 to $1,344,535. This represents a 9.9% growth from fiscal year 2020/21. In addition, based on Council's feedback that the fiscal year 2022/23 growth rate assumption may be too conservative, staff has increased the growth rate assumption from 4% to 6%. While this growth assumption is more aggressive, staff is comfortable with this assumed growth rate. As a result, the revised fiscal year 2022/23 projected revenue has been increased by a total of $92,207. Real Property Transfer Tax - Staff has not received any additional information to warrant adjusting the current year estimate; however, staff recommends increasing the fiscal year 2022/23 growth rate from 2% to 4%. This increases the projected fiscal year 2022/23 projection by $1,205, from $121,500 to $122,705. RECOMMENDED BALANCING MEASURES The ongoing General Fund operating deficit presented to the Budget Committee and City Council of $480,984. Based on the revised revenue estimates, which have provided additional estimated revenues of $93,412, the operating deficit has been reduced to $387,571. Staff has identified two revenues totaling $235,682 to address a portion of the deficit. ARPA revenues of $220,682 Recovering publication costs associated with development projects, estimated at $15,000 Staff recommends using $151,889 of reserves to address the remaining deficit. PROPOSED CAPITAL PROGRAM AND ONE-TIME COSTS Staff recommends the following capital program elements totaling $396,000: 1. City Hall ADA Improvements ($96,000) - City Council already approved contract with Pacific Architecture and Engineers to perform the work. This is a priority established by the City Council at the 2022 strategic planning session. 2. Outdoor Siren System - Design ($25,000) - This project is intended to notify the community of emergencies, in the event of complete power failure. Emergency preparedness is a priority established by the City Council at the 2020 and 2022 strategic planning session. Block Captains are advocating for this project. The design fee estimate is from HQE System. 3. Outdoor Siren System - Construction ($275,000) - This project is intended to notify the community of emergencies, in the event of complete power failure. Emergency preparedness is a priority established by the City Council at the 2020 and 2022 strategic planning session. Block Captains are advocating for this project. The estimated construction cost is from the feasibility study from HQE System. Staff recommends deferring the City Hall Improvements Project ($1,000,000) and the Tennis Courts ADA Improvements Project ($300,000) until fiscal year 2023/24. In addition to the capital program, staff recommends two one-time costs totaling $90,000 that would also be funded from available General Fund reserves. 301 1. Contract Management ($45,000) - These budgeted funds would cover the cost of a hired consultant to manage the various capital projects underway and proposed for next fiscal year. 2. Housing Element ($45,000) - In May 2022, Council directed staff to redo the environmental document that supports the Housing Element and send the Housing Element to HCD for a second round of review. Initially, both documents were expected to be adopted in FY2021-22. OVERALL GENERAL FUND BUDGET The proposed General Fund includes a total of $2,880,273 in ongoing operating expenditures, funded from $2,7,28,384 in revenues, leaving a deficit of $151,889 to be funded from available reserves. An additional $90,000 in one-time operating costs and $396,000 in capital costs are proposed, both of which would be funded from one-time reserves. Estimated General Fund reserve balances at June 30, 2022 are $4,988,486. Based on the proposed budget, General Fund reserves would drop to $4,350,597, representing a healthy 151% of the operating budget. OTHER FUNDS FOR FISCAL YEAR 2022-2023 Majority of the restricted funds such as Proposition C, Measure R, Measure M, and Measure A are expected to roll the revenue to future years to save up for eligible projects. The following summarizes the anticipated activities of the other restricted funds for next fiscal year: Measure W's expenditure plan for FY 2022-2023 was previously approved by the City Council in March 2022 and submitted to the Los Angeles County for approval. It is anticipated that $80,000 of Measure W would be spent on eligible storm water compliance measures. The City of Beverly Hills expressed interest in $58,400 of Prop A exchange. The Capital Projects Fund includes $96,000 for Pacific Architecture Engineers' design fee recently approved by the City Council for the development of layout Option 3, $300,000 for an Outdoor Siren System including design and construction. The Refuse Fund anticipates absorbing the expected refuse rate increase for residents funded from a General Fund transfer of $168,500. The City anticipates receiving $165,000 in COPs revenue from the state which will be used for supplemental law enforcement services. As required by law, notice of this public hearing was posted and advertised. In addition, as is the City’s practice, this hearing was referenced in the draft agenda included in the City newsletter published prior to this meeting and the agenda was emailed to residents who subscribe to the City’s list serve. The overall financial position of the City’s General Fund remains strong with a projected year- end Unassigned Fund Balance of $4,988,486 at June 30, 2022. The City staff works diligently on providing outstanding government services that will keep the quality of life good for the residents of Rolling Hills. It is now recommended that the City Council hold a public hearing and adopt the budget and appropriations limit as proposed. If changes in the budget are necessary during the fiscal year, staff will return to the City Council for consideration and approval of the modifications. 302 FISCAL IMPACT: The budget is a resource allocation plan for providing city services and achieving the priorities and goals that serve residents and the public funded from a variety of revenues. The provision of these services involves the expenditure of resources derived a variety of revenue streams. A summary of the proposed revenues and expenditures are summarized in the attachments to this report. RECOMMENDATION: Upon the conclusion of the public hearing, staff recommends that the City Council adopt the Fiscal Year 2022-2023 Budget for all the City’s Funds and the Annual Appropriations Limit. ATTACHMENTS: CL_AGN_220613_General Fund Revenues.pdf CL_AGN_220613_General Fund Expenditures.pdf CL_AGN_220613_One-Time Costs.pdf CL_AGN_220613_Balancing Measures.pdf CL_AGN_220613_GF Sources and Uses of Funds.pdf CL_AGN_220613_Other Funds.pdf ResolutionNo1300_FY2022-23_AdoptedBudget.pdf ResolutionNo1301_FY2022-23_AppropLimit.pdf CL_AGN_220613_CC_Item12A_PublicComment_01.pdf CL_AGN_220613_CC_Item12A_PublicComment_02.pdf CL_AGN_220627_CC_Budget_StaffPresentation.pdf 303 FY 2022 FY 2023 FY 2021 Adopted Year-End FY 2023 Projected Revenues Budget Projection Proposed Growth Property Taxes 1,222,947$ 1,249,800$ 1,344,535$ 1,425,207$ 6.0% Sales Taxes 23,262 4,800 18,550 19,300 3.0% Property Transfer Tax 93,449 40,200 117,986 122,706 4.0% Disaster Grants 50,000 20,000 13,040 - N/A Motor Vehicle In Lieu 236,725 246,100 246,694 252,000 2.0% Building & Other Permits 183,378 300,000 472,969 475,000 Flat Variance, Planning & Zoning 49,158 22,000 19,461 20,000 Flat Cost Recoivery - Publications - - - 15,000 N/A Animal Control Fees 472 1,000 213 250 Flat Franchise Fees 10,753 14,900 13,699 14,000 Flat Fines & Traffic Violations 4,293 14,300 4,950 4,500 Flat RHCA Lease Revenue 68,988 68,000 68,991 69,000 Flat Interest on Investments 90,251 80,000 30,227 60,239 N/A Public Safety Aug Fund 1,003 800 1,193 1,000 Flat Burglar Alarm Response 500 600 - 500 Flat Miscellaneous Revenue 3,275 37,800 36,000 5,000 Flat Transfer In - ARPA Fund - - 220,682 220,682 N/A Transfers In - Refuse Fund 24,000 24,000 24,000 24,000 Flat TOTALS 2,062,454$ 2,124,300$ 2,633,189$ 2,728,384$ CITY OF ROLLING HILLS General Fund Revenues 304 305 Adopted Year-End Budget Projections Ongoing One-Time Total 01 - CITY ADMINISTRATOR 702 Salaries -Full Time 429,100$ 408,639$ 474,258$ -$ 474,258$ 710 Retirement CalPERS-Employer 29,000 36,431 39,769 - 39,769 712 CalPERS Unfunded Liability 59,026 57,063 65,095 - 65,095 715 Workers Compensation Insurance 7,700 7,271 8,100 - 8,100 716 Group Insurance 55,000 76,111 71,316 - 71,316 717 Retiree Medical 30,300 37,159 35,231 - 35,231 718 Employer Payroll Taxes 28,400 25,071 36,997 - 36,997 719 Deferred Compensation 4,300 3,732 4,559 - 4,559 720 Auto Allowance 4,800 5,067 4,800 - 4,800 XXX Phone Allowance 1,300 - 1,970 - 1,970 740 Office Supplies 38,040 25,184 11,000 - 11,000 745 Equipment Leasing Costs 14,850 11,048 11,450 - 11,450 750 Dues & Subscriptions 15,240 4,596 16,240 - 16,240 755 Conference Expense 10,000 9,052 10,000 - 10,000 757 Meetings Expense 2,000 3,357 2,000 - 2,000 759 Training & Education 5,000 - 5,000 - 5,000 Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 1 Page: 1306 Adopted Year-End Budget Projections Ongoing One-Time Total Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 761 Auto Mileage 500 - 500 - 500 765 Postage 20,000 12,468 21,000 - 21,000 770 Telephone 5,700 5,959 - - - 775 City Council Expense 10,000 2,440 10,000 - 10,000 776 Miscellaneous Expenses - 564 6,200 - 6,200 780 Communications/Newsletters and Outreach 6,000 3,007 5,000 - 5,000 785 Codification 5,000 3,749 5,000 - 5,000 790 Advertising 1,000 - 2,400 - 2,400 795 Other Gen Admin Expense 4,900 2,422 1,050 - 1,050 801 City Attorney 91,000 119,887 120,000 - 120,000 802 Legal Expense - Other 3,000 - 3,000 - 3,000 820 Website 6,000 12,179 6,000 - 6,000 850 Election Expense City Council - 222 15,000 - 15,000 890 Consulting Fees 161,400 69,903 - 45,000 45,000 XXX Records Management 1,700 - 1,700 955 Disaster Emergency Equipment - 2,784 - - - Total City Administrator 1,048,556 945,366 994,635 45,000 1,039,635 2 Page: 2307 Adopted Year-End Budget Projections Ongoing One-Time Total Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 05 - Finance 750 Dues & Subscriptions 200 - 2,000 2,000 810 Annual Audit 17,630 17,110 18,500 18,500 890 Consulting Fees 99,500 116,167 120,000 - 120,000 Total Finance 117,330 133,277 140,500 - 140,500 15- PLANNING & DEVELOPMENT 702 Salaries 237,200 189,687 236,748 - 236,748 703 Salaries - Part-Time 26,587 - 26,587 710 Retirement CalPERS-Employer 17,750 14,345 18,100 - 18,100 715 Workers Compensation Insurance 3,800 3,581 4,000 - 4,000 716 Group Insurance 30,900 23,162 44,275 - 44,275 718 Employer Payroll Taxes 18,790 14,663 20,237 - 20,237 719 Deferred Compensation 1,200 - - - - 720 Auto Allowance 2,400 1,467 1,200 - 1,200 XXX Phone Allowance 600 - 600 - 600 3 Page: 3308 Adopted Year-End Budget Projections Ongoing One-Time Total Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 758 Planning Commission Meetting - 1,415 - - - 761 Auto Mileage - 50 300 - 300 770 Telephone - 1,281 - - - 776 Miscellaneous Expense 2,000 1,301 - - - 750 Dues & Subscription 850 - 1,000 - 1,000 755 Conference Expense 5,000 - 5,000 - 5,000 759 Training & Education 1,000 - 1,000 - 1,000 790 Publication - 3,208 15,000 - 15,000 801 City Attorney - 811 - - - 802 Legal Expenses-Other - 23,169 20,000 - 20,000 872 Property Development-Legal Exp 100,000 33,336 80,000 - 80,000 878 Build Inspect. LA County 150,000 191,785 150,000 - 150,000 xxx Willdan Building 50,000 - 50,000 881 Storm Water Management 275,800 231,435 97,142 - 97,142 882 Variance & CUP Expense 7,000 10,613 - - - 884 Special Project Study & Consulting 180,000 79,584 20,000 45,000 65,000 886 Consulting Fees - - 87,880 - 87,880 4 Page: 4309 Adopted Year-End Budget Projections Ongoing One-Time Total Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 950 Capital Outlay 26,400 - - - - Total Planning & Development 1,060,690 824,891 879,069 45,000 924,069 25 - Public Safety 830 Law Enforcement 220,380 181,251 225,000 - 225,000 833 Other Law Enforcement Expenses 3,000 3,651 4,000 - 4,000 837 Wild Life Mgmt & Pest Control 50,000 1,883 10,000 - 10,000 838 Animal Control Expense 6,000 4,398 6,000 - 6,000 Total Public Safety 279,380 191,183 245,000 - 245,000 65 - NON-DEPARTMENTAL 895 Insurance & Bond Expense 30,260 21,816 29,657 - 29,657 901 South Bay Comm. Organization 20,100 4,017 15,000 - 15,000 915 Community Recognition 16,000 5,624 20,000 - 20,000 916 Civil Defense Expense 650 - - - - 917 Emergency Preparedness 137,360 195,894 188,200 - 188,200 985 Contingency 25,000 - - - - 5 Page: 5310 Adopted Year-End Budget Projections Ongoing One-Time Total Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 Total Non-Departmental 229,370 227,351 252,857 - 252,857 75 - CITY PROPERTIES 925 Utilities 33,810 35,493 85,212 - 85,212 930 Repairs & Maintenance 36,963 26,793 35,000 - 35,000 932 Area Landscaping 28,500 12,760 12,500 - 12,500 XXX Capital Outlay - Buildings & Equip 250,000 - - - - XXX IT Services - - 54,000 - 54,000 XXX Granicus Services - - 8,000 - 8,000 XXX Computer Hardware Fund - - 5,000 - 5,000 Total City Properties 349,273 75,046 199,712 - 199,712 TOTALS BEFORE TRANSFERS 3,084,599 2,397,113 2,711,773 90,000 2,801,773 OPERATING TRANSFERS OUT 699 Traffic Safety Fund 10,000 10,000 - - - CalOES Fund 80,875 82,152 - - - 6 Page: 6311 Adopted Year-End Budget Projections Ongoing One-Time Total Fiscal Year 2022-23 Adopted CITY OF ROLLING HILLS General Fund Expenditures Department/Object Account FY 2021-22 Capital Improvement Fund 88,000 87,238 - 396,000 396,000 Refuse Collection Fund 159,200 159,200 168,500 - 168,500 Total Transfers Out 338,075 338,590 168,500 396,000 564,500 GENERAL FUND TOTALS 3,422,674$ 2,735,703$ 2,880,273$ 486,000$ 3,366,273$ 7 Page: 7312 Description Recomm'd Not Recomm'd Expected Impacts Records Management (Ref Acct: 01-xxx)- 45,000 City Hall is overcrowded with hardcopy files, and records from years of accumulation. There are insufficient space to house all the records and personnel. Aside from space constraints, files are not easily accessible, and filing convention are not consistent rendering tremendous inefficiencies when searching for documents. While solid efforts have been made toward digitizing the Planning Department in the last two years, there remains considerable files in other departments that need the same treatment to gain efficiency at City Hall. Without funds for records managment in FY 22-23, space constraints continue to be an issue, and the inability to pull necessary historical records to meet business needs. Project Management, Capital Projects (Ref Acct: 01-890) 45,000 - Expense is related to project management for captial improvement projects by Alan Palermo Consulting Inc. If the services of APC is not used in FY 22-23, progress of the two utility undergrounding projects could be adversely impacted with added workload distributed among the existing staff. Grant writer to pursue construction funds for 8" sewer main project (Ref Acct: 01-890 - 17,000 Expense related to a grant writing contract to pursue construction funding for 8" sewer main project. The 8" sewer main project has been designed in its entire length. Without the pursuit of grant funds for contruction, the investment in the the design plans will not be leveraged, and additional funds are needed to update design plans. Additionally, potentially the capacity in the downstream sewer lines secured through the Will Serve letters from the County could be taken by other developments. Fiscal Year 2022-23 CITY OF ROLLING HILLS Summary of One-Time Costs 313 Description Recomm'd Not Recomm'd Expected Impacts Fiscal Year 2022-23 General Plan Update (Ref Acct: 15-884)- 105,000 The City's General Plan is dated 1990. The safety and land use elements have recently been updated and the housing element is in the process of being updated. Updating the remaining elements is advised since all elements must be internally consistent. This was a point made by the City's consultants. Delay in updating the General Plan could potential cause third party lawsuits. Housing Element and Environmental Review Ref (Acct: 15-XXX) 45,000 In May 2022, Council directed staff to redo the environmental document that supports the Housing Element and send the Housing Element to HCD for a second round of review. Initially, both documents were expected to be adopted in FY2021-22. Expanded Information Technology (IT) Services (Ref Acct: 75-xxx) - 8,866 Covers upgraded hardware including New Switch, Wireless Access Points, and firewall improvements. Certain offices in City Hall do have strong internet connections as the current set up is a hodgepodge of equipment strung together to respond to immediate needs. Without the upgrades, inefficiencies in the workflow for certain staff will continue. Agenda management system - Granicus - Upgrade (Acct Ref: 75-xxx) - 19,400 This amount covers hardware upgrades as part of our current renewal and possibility of hiring them to design a new website. 90,000$ 195,266$ 314 Description Amount Impact Use of one-time ARPA revenues $ 220,682 No impact Cost recover publication expenses associated with development projects. 15,000 Financial burden on development applicants. Fund deficit using reserves 151,889 Short term solution, reducing rainy day fund. 387,571$ Eliminate funding of contracted part-time Code Enforcement services 87,880$ Workload will be spread among the current positions, prolonging the processing of cases, reducing productivity on all other positions, and reducing the overall service level to residents. Delay fire fuel abatement in the Preserve slated for FY 22-23 to future years when projected revenue is more aligned with projected expenditures. 82,000 Not leverage the fire fuel abatement work performed to date and will not diminish risk of wildfires originating from the Preserve. Reduce Block Captain Program 25,000 Block captains Reinstate building permit multiplier to 2.5% pre FY18- 19 level. Multiplier was reduced to 2.25% commencing in FY 2018-2019. 20,000 - 75,000 Financial burden on development applicants. Revenue level depends on the level of building activities. Cost recover staff time on processing development applications. 30,000 - 50,000 Financial burden on development applicants. Could deter development activities and or improve submittal quality and ultimately improve efficiency on the developers' activities. Eliminate funding for Community Recognition 20,000 Impact to community. Eliminate Repairs & Maint 35,000 Deferring capital that may result in increased costs in the future. $299,880 - $374,880 CITY OF ROLLING HILLS Schedule of Proposed Options for Balancing the General Fund Ongoing Budget Fiscal Year 2022-23 Proposed for Adoption Not Recommended 315 Operations Operating Revenues - Ongoing 2,728,384$ Operating Expenditures - Ongoing (2,880,273) Operating Deficit - Use of Reserves (151,889) Capital Program Outdoor Siren System - Design (25,000) Outdoor Siren System - Construction (275,000) City Hall ADA Improvements - Design (96,000) Total Capital Program (Funded from Reserves)(396,000) One-Time Costs Capital Project Contract Management (45,000) Completing the Housing Element (45,000) Total One-Time Costs (90,000) TOTAL ESTIMATED USE OF RESERVES - FY 2023 (637,889) Estimated Reserves at June 30, 2022 4,988,486 Estimated Reserves at June 30, 2023 4,350,597$ CITY OF ROLLING HILLS Summary of Sources and Uses of Funds GENERAL FUND Fiscal Year 2022/23 Adopted 316 317 FY 2022 Adopted Amended Year-End FY 2023 Budget Budget Projection Proposed 10 - COPS FUND Revenues COPS Allocation 160,000$ 160,000$ 165,000$ 165,000$ Expenditures COPS Program Expenditures 160,000 160,000 165,000 165,000 Revenues Over (Under) Expenditures -$ -$ -$ -$ 11 - CLEEP FUND Revenues Interest Earned 50$ 50$ 40$ 25$ Expenditures CLEEP Technology Program 1,100 1,100 2,000 1,200 Revenues Over (Under) Expenditures (1,050)$ (1,050)$ (1,960)$ (1,175)$ 13 - TRAFFIC SAFETY FUND Revenues Transfers In - General Fund 10,000$ 10,000$ 4,390$ -$ Expenditures Road Striping - Delineators 10,000 10,000 4,390 - Revenues Over (Under) Expenditures -$ -$ -$ -$ CITY OF ROLLING HILLS Proposed Revenues and Expenditures Other Funds 1 318 FY 2022 Adopted Amended Year-End FY 2023 Budget Budget Projection Proposed 15 - ARPA FUND Revenues American Rescue Plan Act -$ 220,682$ 220,682$ Expenditures Transfers Out to General Fund - - 220,682 220,682 Revenues Over (Under) Expenditures -$ -$ -$ -$ 16 - CAL OES FUND Revenues Crest Road FEMA Grant - 4434-526-112R -$ 1,145,487$ 7,500$ -$ Veg. Mgmnt FEMA Grant - HMGP-4382-175-13R - 242,625 82,500 - Eastfield U/Grounding FEMA DR-4382-177-7R-CA - 1,971,882 - - Safety Element Disaster Grants - DR 4344 PL0521 - - 17,091 - Transfers In - General Fund - Safety Element - - 5,697 - Transfers In - Utility Fund - 4434-526-112R - 381,819 2,500 - Transfers In - Utility Fund - DR4382-177-7R - 657,294 - Transfers In - General Fund - HMGP-4382-175-13R - 80,875 80,875 - Total Revenues - 4,479,982 196,163 - Expenditures Crest Road East Project - 4434-526-112R - 1,527,306 10,000 - Eastfield Drive Utility U.G. - 4382-177-7R - 2,629,176 - - Safety Element DR4344-PL0521 - - 22,788 - Veg. Mgmt Mitig. Proj. - HMGP-4382-175-13R - 323,500 110,000 Total Expenditures - 4,479,982 142,788 - Revenues Over (Under) Expenditures -$ 53,375$ -$ 2 319 FY 2022 Adopted Amended Year-End FY 2023 Budget Budget Projection Proposed 25 - PROPOSITION A FUND Revenues Grant Revenues 38,000$ 38,000$ 47,283$ 45,000$ Interest Earned 600 600 200 200 Total Revenues 38,600 38,600 47,483 45,200 Expenditures Prop A Exchange - - - 58,400 Revenues Over (Under) Expenditures 38,600$ 38,600$ 47,483$ (13,200)$ 26 - PROPOSITION C Revenues Grant Revenue-Prop C 31,500$ 31,500$ 39,221$ 37,000$ Interest Earned 650 650 200 200 Total Revenues 32,150 32,150 39,421 37,200 Expenditures Prop C Gifted - - - - Revenues Over (Under) Expenditures 32,150$ 32,150$ 39,421$ 37,200$ 27- MEASURE R TRANSIT Revenues Measure R Grant Revenues 24,000$ 24,000$ 29,414$ 28,000$ Interest Earned 1,000 1,000 200 200 Total Revenues 25,000 25,000 29,614 28,200 Expenditures Measure R Gifted - - - - Revenues Over (Under) Expenditures 25,000$ 25,000$ 29,614$ 28,200$ 3 320 FY 2022 Adopted Amended Year-End FY 2023 Budget Budget Projection Proposed 29 - MEASURE M Revenues Measure M Local Return 26,500$ 26,500$ 33,288$ 31,000$ Interest Earned 1,100 1,100 200 200 Total Revenues 27,600 27,600 33,488 31,200 Expenditures Measure M Gifted - - - - Revenues Over (Under) Expenditures 27,600$ 27,600$ 33,488$ 31,200$ 30 - MEASURE W Revenues Grant Revenues 110,000$ 110,000$ 104,742$ 105,000$ Interest Earned 900 900 - Total Revenues 110,900 110,900 104,742 105,000 Expenditures Storm Water Management 38,750 38,750 80,000 80,000 Revenues Over (Under) Expenditures 72,150 72,150 24,742 25,000 35 - MEASURE A Revenues Grant Revenue 26,100$ 26,100$ -$ -$ Interest Earned 900 900 - - Total Revenues 27,000 27,000 - - 4 321 FY 2022 Adopted Amended Year-End FY 2023 Budget Budget Projection Proposed 40 - CAPITAL PROJECTS FUND Revenues Transfers from General Fund 88,000$ 121,235$ 121,235$ 396,000$ Expenditures Consulting Fees - - - 96,000 1 Middleridge Lane South Storm Drain - 33,235 35,506 - 1 Middleridge Lane North Storm Drain - 48,645 51,732 - Outdoor Siren System - Design - - - 300,000 Outdoor Siren System - Construction Non-Building Improvements 300,000 300,000 - - City Hall Improvements - - - - Total Expenditures 300,000 381,880 87,238 396,000 Revenues Over (Under) Expenditures (212,000) (260,645) 33,997 - 41- UTILITY FUND Revenues Rule 20A Power Utility Credits 763,638$ 1,039,113$ 2,500$ -$ Expenditures Legal & Other Outside Counsel - - 1,452 Sewer Feasibility Study - - - Underground Utility Project 763,638 - - Sewer Feasibility Project - - 40,321 - Transfers Out - Cal OES Fund - 1,039,113 2,500 - Total Expenditures 763,638 1,039,113 41,773 - Revenues Over (Under) Expenditures -$ -$ (39,273) -$ 5 322 FY 2022 Adopted Amended Year-End FY 2023 Budget Budget Projection Proposed 50 - REFUSE FUND Revenues Construction & Demo Permits 24,000$ 24,000$ 15,400$ 20,000$ Service Charges 753,500 753,500 753,504 780,000 Transfers In - General Fund 159,200 159,200 159,200 168,500 Total Revenues 936,700 936,700 928,104 968,500 Expenditures Misc Expense - - - Refuse Service Contract 912,700 912,700 912,700 944,500 Transfers Out 24,000 24,000 24,000 24,000 Total Expenditures 936,700 936,700 936,700 968,500 Revenues Over (Under) Expenditures - - (8,596) - 6 323 Resolution No. 1300 -1- RESOLUTION NO. 1300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2022- 23 CITY OF ROLLING HILLS BUDGET RECITALS A. Members of the Rolling Hills City Council opened a public hearing on Monday, June 27, 2022 to consider the recommended Fiscal Year 2022-23 City of Rolling Hills Proposed Budget; and B. Following the public hearing on the Fiscal Year 2022-23 City of Rolling Hills Proposed Budget, members of the Rolling Hills City Council desire to adopt said document. NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE ROLLING HILLS CITY COUNCIL AS FOLLOWS: Section 1. Members of the City Council hereby adopt the Fiscal Year 2022-23 City of Rolling Hills Budget, attached hereto as Exhibit A and incorporated herein by reference. Section 2. Appropriations in the amount not to exceed $3,366,273.00 (budget and budget contingency) are authorized in the Fiscal Year 2022-23 General Fund Budget for the purpose of carrying on the business of the City for general government, public safety, public service, and other items. Section 3. Appropriations in the amount not to exceed $1,889,782.00 are authorized in the various funds for carrying on the business of the City: COPs Fund, CLEEP Fund, American Rescue Plan Act Funds, Proposition A Fund, Measure W Fund, Capital Project Fund, and Refuse Funds. Section 4. The City Manager may transfer appropriations between and among all departments, as defined in the Fiscal Year 2022-23 budget in order to ensure revenue and expenditures correspond to the intent of the City Council. The legal level of appropriated budgetary control, that is the level at which expenditures may not exceed appropriations, is at the department level for the General Fund and at the fund level for all other funds. Supplemental appropriations during the year must be approved by the City Council. All unexpended budgetary appropriations lapse at the end of the fiscal year. Section 5. The Mayor is hereby directed to sign this Resolution, and the City Clerk is directed to attest thereto. PASSED, APPROVED AND ADOPTED this 27th day of June, 2022. ____________________________________ James Black, M.D. Mayor 324 Resolution No. 1300 -2- ATTEST: ____________________________________ Christian Horvath City Clerk 325 Resolution No. 1300 -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1300 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2022-23 CITY OF ROLLING HILLS BUDGET was approved and adopted at a regular meeting of the City Council on the 27th day of June, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ CHRISTIAN HORVATH CITY CLERK 326 Resolution No. 1300 -4- EXHIBIT A 01 -General Fund City Administrator 1,039,635$ Finance 140,500 Planning & Development 924,069 Public Safety 245,000 Non-Departmental 252,857 City Properties 199,712 Transfers Out 564,500 Total General Fund 3,366,273$ Other Funds 10 - COPs Fund 165,000$ 11 - CLEEP Fund 1,200 13 - Traffic Safety Fund - 15 - American Rescue Plan Act Fund 220,682 16 - CA Office of Emergency Fund - 25 - Proposition A Fund 58,400 26 - Proposition C Fund - 27 - Measure R Fund - 29 - Measure M Fund - 30 - Measure W Fund 80,000 35 - Measure A Fund - 40 - Capital Projects Fund 396,000 41 - Utility Fund - 50 - Refuse Fund 968,500 Total Other Funds 1,889,782$ CITY OF ROLLING HILLS Fiscal Year 2022-23 Adopted Budget 327 Resolution No. 1301 -1- RESOLUTION NO. 1301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2022-23 FISCAL YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS RECITALS A. the City of Rolling Hills has heretofore established its Base Year Appropriations Limit as $256,941; and B. To the best of this City's knowledge and belief, the State Department of Finance figures reflect the following statistics relevant to the calculation of the 2022-23 Fiscal Year Appropriations Limit: California per capita personal income, 7.75% (seven point seven five percent). Population Adjustments for City of Rolling Hills for FY 2022-23, -1.12% (negative one point twelve percent). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: Section 1. Based on the foregoing figures and the provision of Article XIII B of the Constitution of the State of California, the following figure accurately represents the 2022-23 Fiscal Year Appropriation Limit of the City of Rolling Hills: $1,998,794 Section 2. The City Clerk shall certify to the passage of Resolution No. 1301. PASSED, APPROVED AND ADOPTED this 27th day of June, 2022. ____________________________________ James Black, M.D. Mayor ATTEST: ____________________________________ Christian Horvath City Clerk 328 Resolution No. 1301 -2- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1301 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2022-23 FISCAL YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS was approved and adopted at a regular meeting of the City Council on the 27th day of June, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ CHRISTIAN HORVATH CITY CLERK 329 From:Louis H. Altman To:City Clerk Subject:REVISED Letter I request be presented or read to City Council members before 6/13 meeting Date:Monday, June 13, 2022 6:46:12 AM Members of the City Council: I note that the proposed budget for next year includes a reduction for fire fuel of $85,000. I oppose any reduction for reducing fire fuel. If there must be a reduction, I’d prefer to see $85,000 cut from the subsidy of solid waste collection fee. According to Orange County Fire Authority Chief Brian Fennessy, the Coastal Fire in Orange County earlier this year destroyed 20 homes. Chief Fennessy noted that humidity was over 70%, and temperatures were in the mid 70’s on the day those homes were destroyed. Fire official from state and county agencies have emphasized the need for measures such as brush clearance and removal of flammable materials around homes. Three days ago, the LA Times warned that residents in Southern California are facing a treacherous wildfire season this year. "Given the fuel conditions...a very tough four, five, six months in front of us." Our own Assistant Chief Brian Bennett is in the picture in the link below, far left. http://enewspaper.latimes.com/infinity/article_share.aspx?guid=f2f163ea-446d-40d7-b6f2- 22a7f4588e0b I understand that some residents may not “want to be told” to clear brush and other flammable material from their properties. I also think those same residents aren’t worried that the risk of a fire that begins on their property, but spreads to other properties, could mean lawsuits that result in judgments against the homeowners who didn’t clear brush on their properties, meaning that those homeowners might lose any equity in their homes and be forced into bankruptcy. I don’t want to see homeowners who live in my city forced into bankruptcy and lose all of the equity in their homes because a fire started from brush or flammable material that could have been easily removed from their property. But there is a huge risk to everyone in our wonderful City, especially this season, from fire. My insurance company (Marsh/AIG) recently cancelled my homeowner’s insurance because of fire risk. I was able to get coverage from USAA, but for others, they may have to use the California FAIR Plan, a decidedly inferior and more costly option. Lou Altman 17 Caballeros 330 331 CITY OF ROLLING HILLS FISCAL YEAR 2022/23 BUDGET PUBLIC HEARING JUNE 13, 2022 332 INTRODUCTION Today we are holding a public hearing regarding the Fiscal Year 2022/23 Budget –Provides an opportunity for the public to provide input into the proposed budget At the end of the hearing, staff is asking Council to adopt two resolutions: Budget Resolution -Officially adopts the estimated revenues and appropriations for each City fund Gann Appropriation Limit Resolution –State law (Prop 4 and Prop 111) requires calculate our annual appropriation limit and adopt it by resolution. If necessary, staff can continue the public hearing to June 27th. 333 BACKGROUND (How We Got Here) May 9, 2022 –City Council Finance/Budget/Audit Committee reviewed the FY 2022/23 staff proposed budget. May 23, 2022 –City Council Budget Workshop reviewed FY 2022/23 staff proposed budget as presented to the Finance/Audit Committee May 31, 2022 –City Council Finance/Budget/Audit Committee reviewed revisions to the FY 2022/23 staff proposed budget. 334 Directions Received from Budget Committee and City Council Separate out General Fund one-time vs ongoing costs Bring back a budget that is balanced (or close to being balanced) for its ongoing expenditures Develop proposed capital program based on what can realistically be started next fiscal year Revisit revenue estimates for opportunities to increase those that may be too conservative Minimize impacts to residents (fee increases) 335 Where We Were (on May 23rd) FY 2022-23 Recommended ONGOING Operating Revenues - Ongoing 2,399,289$ Operating Expenditures - Ongoing 2,880,273 Net Operating Surplus (Deficit)(480,984) ONE-TIME One-time Revenues ARPA Grant 220,682 One-Time Costs Operating Expenditures 290,266 Capital Improvements 1,096,000 Total One-Time Costs 1,386,266 Net Use of Reserves for One-Time Costs (1,165,584) TOTAL USE OF RESERVES (1,646,568)$ 336 Balancing Strategy Eliminated all non-essential one-time costs Utilized American Rescue Plan Act (ARPA) revenues of $220,682 (2nd of two equal payments) Included $15,000 in revenues for recovery of publication expenses tied to development projects Increased projected Property Tax and Real Property Tax revenues based on recent payments and increased growth assumptions Proposed a modest use of reserves to balance the operating budget 337 Changes to General Fund Revenues Real Property Prop Transf Taxes Taxes Total Previous FY 2021/22 Projection 1,281,785$ 117,986$ 1,399,771$ Revised Year-End Projection 1,344,535 117,986 1,462,521 62,750$ -$ 62,750$ Previous FY 2022/23 Proposed 1,333,000$ 121,500$ 1,454,500$ Revised FY 2022/23 Proposed 1,425,207 122,705 1,547,912 Increase from Previous Proposed 92,207$ 1,205$ 93,412$ Previous Assumed Growth FY 2022/23 4%2% Revised Assumed Growth FY 2022/23 6%4% 338 Summary of Proposed Balancing Measures Description Amount Impact Use of one-time ARPA revenues $ 220,682 No impact Cost recover publication expenses associated with development projects. 15,000 Financial burden on development applicants. Fund deficit using reserves 151,889 Short term solution, reducing rainy day fund. 387,571$ Proposed for Adoption Entire list of balancing measures not recommended included as attachment 339 One-Time Costs Recomm’d vs Not Recomm’d Description Recomm'd Not Recomm'd Records Management (Ref Acct: 01-xxx)- 45,000 Project Management, Capital Projects (Ref Acct: 01-890)45,000 - Grant writer to pursue grant funds for 8" sewer main project - 17,000 General Plan Update (Ref Acct: 15-884)- 105,000 Housing Element and Environmental Review 45,000 Expanded Information Technology (IT) Services - 8,866 Agenda management system - Granicus - Upgrade - 19,400 90,000$ 195,266$ 340 Long-Term CIP Plan Description 2021-22 2022-23 2023-24 2024-25 Total Tennis Courts ADA Improvements -$ -$ 300,000$ -$ 300,000$ City ADA Hall Improvements - Design - 96,000 - - 96,000 City ADA Hall Improvements - Constr.- - 1,000,000 - 1,000,000 Crest Road East Utility U/G Grant Project 1,527,306 - - - 1,527,306 Veg./Fire Fuel Management Grant Project 323,500 - - - 323,500 City Hall Campus Parking Lot Impr.- - - 400,000 400,000 Eastfield Drive Utility U/G Grant Project 2,629,176 - - - 2,629,176 1 Middleridge Lane South Storm Drain 33,235 - - - 33,235 1 Middleridge Lane North Storm Drain 48,645 - - - 48,645 Outdoor Siren System - Design - 25,000 - - 25,000 Outdoor Siren System - Installation - 275,000 - - 275,000 4,561,862$ 396,000$ 1,300,000$ 400,000$ 6,357,862$ Fiscal Year 341 General Fund Recap Operations Operating Revenues - Ongoing 2,728,384$ Operating Expenditures - Ongoing (2,880,273) Operating Deficit - Use of Reserves (151,889) Capital Program Outdoor Siren System - Design (25,000) Outdoor Siren System - Construction (275,000) City Hall ADA Improvements - Design (96,000) Total Capital Program (Funded from Reserves)(396,000) One-Time Costs Capital Project Contract Management (45,000) Completing the Housing Element (45,000) Total One-Time Costs (90,000) TOTAL ESTIMATED USE OF RESERVES - FY 2023 (637,889) Estimated Reserves at June 30, 2022 4,988,486 Estimated Reserves at June 30, 2023 4,350,597$ 342 Recommendations Take public comment Consider the proposed budget as presented and included in the attached schedules and resolutions Adopt the budget and Gann Limit resolutions, or Provide staff with directions on what changes to make and bring back revised resolutions on June 27th. 343 Agenda Item No.: 13.A Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REQUEST FOR ACTION ON SB1186 (WIENER) MEDICINAL CANNABIS PATIENTS RIGHT OF ACCESS ACT (DIERINGER) DATE:June 27, 2022 BACKGROUND: Councilmember Dieringer attended a League of California Cities(LCC) meeting on May 25, 2022 and was made aware of an Action Alert regarding bill SB 1186, which would override local ordinances and remove any restrictions placed on cannabis deliveries within a respective city. The LCC had previously worked out a bill related to cannabis that allowed each city to regulate cannabis in their respective cities. SB 1186 would potentially overrule that previous compromise. Information provided by the LCC: Background: The ability of local jurisdictions to regulate cannabis retailers was central to the passage of both the original Medical Cannabis Regulation and Safety Act (MCRSA) and Proposition 64 and is integral to the combined Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The Legislature worked closely with stakeholders to create a regulatory framework for medical cannabis more than a year before Proposition 64 was enacted. That legislatively-enacted framework serves as the foundation for the regulatory structure provided in the adult-use scheme. In the construction of both frameworks, the crafters recognized the critical need for local control, primarily as part of cities' and counties' land-use authority. What does SB 1186 specifically do? SB 1186 would undermine the intent of MAUCRSA by: Eliminating a local jurisdiction's ability to prohibit medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction. Restricting the ability for the large number of jurisdictions that permit and regulate cannabis retailers to set appropriate local regulations which are developed in a public 344 process. Talking Points: We ask you to oppose SB 1186 as it would undermine the framework carefully negotiated between the Legislature and local governments to ensure counties and cities can set regulatory standards associated with local land-use authority. SB 1186 would require every jurisdiction to prepare regulatory ordinances in anticipation of retail delivery applicants, and the initial costs for jurisdictions may never be fully recouped. Changing the local authorization rules while the state is still in the implementation phase of the regulatory framework will impede the gradual, but consistent, progress that local jurisdictions have made toward expanding cannabis retail permitting throughout the state. DISCUSSION: Staff reviewed the bill (attached) as well as the adopted municipal code below and concluded that this bill would only have a direct effect on cities that are currently prohibiting medicinal cannabis delivery. In reading the sections of the city code below, it appears that the City of Rolling Hills already allows for medicinal cannabis delivery. It is NOT a prohibited use. 17.16.020 - Permitted and prohibited uses. B. The following uses are prohibited in the RA-S zone: 1. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation a residential dwelling or a room in a dwelling for occupancy of less than thirty days. 2. It shall be unlawful for any person to occupy a residential dwelling or a room in a dwelling for less than thirty days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation. 3. Dispensing of cannabis and non-medicinal cannabis delivery by any mobile marijuana dispensary (as those terms are defined in Section 17.29.020). 4. Commercial cannabis activity, (as those terms are defined in Section 17.29.020). Notwithstanding the foregoing, this section does not apply to the delivery of medical marijuana to qualified patients or their primary caregivers, (as those terms are defined in Section 17.29.020). 17.29.020 - Definitions. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. The term "delivery" does not include the distribution of cannabis from a mobile marijuana dispensary. "Mobile marijuana dispensaries" means any dispensary, cooperative, association, club, business, collective, operator, or provider that does not have a fixed storefront and which operates solely as a mobile retail outlet which transports or delivers, or arranges the transportation or delivery, of cannabis to a person. 345 17.29.030 - Prohibited uses and activities. D. To the extent not already prohibited by subsection (A), above, all deliveries of cannabis or cannabis products for non-medicinal purposes, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products for a non-medical purpose, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City. This subsection shall also not prohibit a delivery of cannabis or cannabis products for medicinal purposes as set forth in Section 17.29.040(A). 17.29.040 - Exceptions. A. Notwithstanding Section 17.29.030, above, the delivery of medical cannabis to qualified patients with valid identification cards or a verifiable written recommendation from a physician for medical cannabis, and primary caregivers with a valid identification card, is permitted from a dispensary (licensed under the MAUCRSA) with a fixed location operating outside of the City or a primary caregiver cultivating within the boundaries of the City. This exception does not include deliveries made by mobile marijuana dispensaries, as the term is defined in Section 17.29.020. C. Any commercial cannabis activity that the City is required by State law to permit within its jurisdiction shall not be prohibited by the provisions of this chapter. D. A qualified patient or primary caregiver, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use, or the personal use of the caregiver's qualified patient, but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity. Nothing in this chapter shall be interpreted to prohibit a qualified patient or primary caregiver from using, possessing, purchasing, obtaining, cultivating or receiving delivery of cannabis for medicinal purposes as allowed under State law. FISCAL IMPACT: None. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_220613_CC_SB1186.pdf CL_AGN_220613_CC_SB1186_AsAmends.pdf CL_AGN_220613_CC_SB1186_SenateFloorAnalyses.pdf 346 347 AMENDED IN SENATE APRIL 25, 2022 AMENDED IN SENATE MARCH 29, 2022 AMENDED IN SENATE MARCH 10, 2022 SENATE BILL No. 1186 Introduced by Senator Wiener February 17, 2022 An act to amend Section 26200 of, and to add Chapter 25 (commencing with Section 26300) to Division 10 of, the Business and Professions Code, relating to cannabis. legislative counsel’s digest SB 1186, as amended, Wiener. Medicinal Cannabis Patients’ Right of Access Act. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a 96 348 comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. The Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the sale of, or otherwise imposes unreasonable restrictions on the safe and affordable sale of, retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined. The bill would prohibit regulations that unreasonably restrict, among other things, the operating hours or the number or frequency of sales of medicinal cannabis businesses. This bill would authorize a local jurisdiction to adopt and enforce regulations limiting the sale of medicinal cannabis to delivery only. defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medical medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would provide that CEQA does not apply to specified actions taken by a local jurisdiction to comply with the bill’s provisions, jurisdiction relating to medicinal cannabis businesses, including the 96 — 2 — SB 1186 349 repeal of any local regulation prohibiting the operation of medicinal cannabis businesses. To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 26200 of the Business and Professions line 2 Code is amended to read: line 3 26200. (a)  (1)  Except as set forth in the Medicinal Cannabis line 4 Patients’ Right of Access Act (Chapter 25 (commencing with line 5 Section 26300)), this division shall not be interpreted to supersede line 6 or limit the authority of a local jurisdiction to adopt and enforce line 7 local ordinances to regulate businesses licensed under this division, line 8 including, but not limited to, local zoning and land use line 9 requirements, business license requirements, and requirements line 10 related to reducing exposure to secondhand smoke, or to completely line 11 prohibit the establishment or operation of one or more types of line 12 businesses licensed under this division within the local jurisdiction. line 13 (2)  Except as set forth in the Medicinal Cannabis Patients’ Right line 14 of Access Act (Chapter 25 (commencing with Section 26300)), line 15 this division shall not be interpreted to supersede or limit existing line 16 local authority for law enforcement activity, enforcement of local line 17 zoning requirements or local ordinances, or enforcement of local line 18 license, permit, or other authorization requirements. line 19 (b)  This division shall not be interpreted to require the line 20 department to undertake local law enforcement responsibilities, line 21 enforce local zoning requirements, or enforce local licensing, line 22 permitting, or other authorization requirements. line 23 (c)  A local jurisdiction shall notify the department upon line 24 revocation of any local license, permit, or authorization for a 96 SB 1186 — 3 — 350 line 1 licensee to engage in commercial cannabis activity within the local line 2 jurisdiction. Within 60 days of being so informed, the department line 3 shall begin the process to determine whether a license issued to line 4 the licensee should be suspended or revoked pursuant to Chapter line 5 3 (commencing with Section 26030). line 6 (d)  For facilities issued a state license that are located within line 7 the incorporated area of a city, the city shall have full power and line 8 authority to enforce this division and the regulations promulgated line 9 by the department, if delegated by the state. Notwithstanding line 10 Sections 101375, 101400, and 101405 of the Health and Safety line 11 Code or any contract entered into pursuant thereto, or any other line 12 law, the city shall assume complete responsibility for any line 13 regulatory function pursuant to this division within the city limits line 14 that would otherwise be performed by the county or any county line 15 officer or employee, including a county health officer, without line 16 liability, cost, or expense to the county. line 17 (e)  (1)  This division does not prohibit the issuance of a state line 18 temporary event license to a licensee authorizing onsite cannabis line 19 sales to, and consumption by, persons 21 years of age or older at line 20 a county fair event, district agricultural association event, or at line 21 another venue expressly approved by a local jurisdiction for the line 22 purpose of holding temporary events of this nature, provided that line 23 the activities, at a minimum, comply with all the following: line 24 (A)  The requirements of paragraphs (1) to (3), inclusive, of line 25 subdivision (g). line 26 (B)  All participants who are engaged in the onsite retail sale of line 27 cannabis or cannabis products at the event are licensed under this line 28 division to engage in that activity. line 29 (C)  The activities are otherwise consistent with regulations line 30 promulgated and adopted by the department governing state line 31 temporary event licenses. line 32 (D)  A state temporary event license shall only be issued in local line 33 jurisdictions that authorize such events. line 34 (E)  A licensee who submits an application for a state temporary line 35 event license shall, 60 days before the event, provide to the line 36 department a list of all licensees that will be providing onsite sales line 37 of cannabis or cannabis products at the event. If any changes occur line 38 in that list, the licensee shall provide the department with a final line 39 updated list to reflect those changes. A person shall not engage in line 40 the onsite retail sale of cannabis or cannabis products, or in any 96 — 4 — SB 1186 351 line 1 way participate in the event, who is not included in the list, line 2 including any updates, provided to the department. line 3 (2)  The department may impose a civil penalty on any person line 4 who violates this subdivision, or any regulations adopted by the line 5 department governing state temporary event licenses, in an amount line 6 up to three times the amount of the license fee for each violation, line 7 consistent with Sections 26018 and 26038. line 8 (3)  The department may require the event and all participants line 9 to cease operations without delay if in the opinion of the line 10 department or local law enforcement it is necessary to protect the line 11 immediate public health and safety of the people of the state. The line 12 department may also require the event organizer to immediately line 13 expel from the event any participant selling cannabis or cannabis line 14 products without a license from the department that authorizes the line 15 participant to sell cannabis or cannabis products. If the unlicensed line 16 participant does not leave the event, the department may require line 17 the event and all participants to cease operations immediately. line 18 (4)  The order by the department for the event to cease operations line 19 pursuant to paragraph (3) does not entitle the event organizer or line 20 any participant in the event to a hearing or an appeal of the line 21 decision. Chapter 3 (commencing with Section 490) of Division line 22 1.5 and Chapter 4 (commencing with Section 26040) of this line 23 division shall not apply to the order by the department for the event line 24 to cease operations pursuant to paragraph (3). line 25 (5)  The smoking of cannabis or cannabis products at temporary line 26 events authorized pursuant to this subdivision is prohibited in line 27 locations where smoking is prohibited. For purposes of this section, line 28 “smoking” has the same meaning as defined in subdivision (c) of line 29 Section 22950.5. line 30 (f)  This division, or any regulations promulgated thereunder, line 31 shall not be deemed to limit the authority or remedies of a city, line 32 county, or city and county under any provision of law, including, line 33 but not limited to, Section 7 of Article XI of the California line 34 Constitution. line 35 (g)  Notwithstanding paragraph (1) of subdivision (a) of Section line 36 11362.3 of the Health and Safety Code, a local jurisdiction may line 37 allow for the smoking, vaporizing, and ingesting of cannabis or line 38 cannabis products on the premises of a retailer or microbusiness line 39 licensed under this division if all of the following are met: 96 SB 1186 — 5 — 352 line 1 (1)  Access to the area where cannabis consumption is allowed line 2 is restricted to persons 21 years of age or older. line 3 (2)  Cannabis consumption is not visible from any public place line 4 or nonage-restricted area. line 5 (3)  Sale or consumption of alcohol or tobacco is not allowed line 6 on the premises. line 7 (h)  This division shall not be interpreted to supersede Section line 8 6404.5 of the Labor Code. line 9 SEC. 2. Chapter 25 (commencing with Section 26300) is added line 10 to Division 10 of the Business and Professions Code, to read: line 11 line 12 Chapter 25. Medicinal Cannabis Patients’ Right of line 13 Access Act line 14 line 15 26300. The Legislature finds and declares as follows: line 16 (a)  Access to medicinal cannabis is an integral aspect of access line 17 to health care, and eliminating barriers to medicinal cannabis access line 18 is essential to promoting and preserving the health of Californians line 19 for whom physicians have recommended the use of cannabis or line 20 cannabis products. line 21 (b)  It is the policy of the state and the intent of the Legislature line 22 to ensure that Californians throughout the state have timely and line 23 convenient access to safe, effective, and affordable medicinal line 24 cannabis. line 25 26301. (a)  This act shall be known, and may be cited, as the line 26 Medicinal Cannabis Patients’ Right of Access Act. line 27 (b)  For purposes of this section: chapter: line 28 (1)  “Medicinal cannabis” means medicinal cannabis or medicinal line 29 cannabis products, as those terms are defined in paragraph (1) of line 30 subdivision (ai) of Section 26001. line 31 (2)  “Medicinal cannabis business” means a business retailer line 32 authorized to engage in the retail sale by delivery of medicinal line 33 cannabis to medicinal cannabis patients pursuant to a medicinal line 34 cannabis retail license or microbusiness license. an M-license. line 35 (3)  “Medicinal cannabis patient” means a qualified patient, as line 36 defined in Section 11362.7 of the Health and Safety Code, who line 37 possesses a physician’s recommendation that complies with Article line 38 25 (commencing with Section 2525) of Chapter 5 of Division 2, line 39 or a qualified patient or primary caregiver for a qualified patient 96 — 6 — SB 1186 353 line 1 issued a valid identification card pursuant to Section 11362.71 of line 2 the Health and Safety Code. line 3 (4)  “Regulation” means a local ordinance, regulation, policy, line 4 or practice. line 5 26302. (a)  A local jurisdiction shall not adopt or enforce any line 6 regulation that prohibits the sale retail sale by delivery within the line 7 local jurisdiction of medicinal cannabis to medicinal cannabis line 8 patients or their primary caregivers, or that otherwise imposes line 9 unreasonable restrictions on the safe and affordable sale has the line 10 effect of prohibiting the retail sale by delivery within the local line 11 jurisdiction of medicinal cannabis to medicinal cannabis patients line 12 or their primary caregivers by medicinal cannabis businesses, line 13 businesses in a timely and readily accessible manner, and in types line 14 and quantities that are sufficient to meet demand from medicinal line 15 cannabis patients within the local jurisdiction, including, but not line 16 limited to, regulations that unreasonably restrict any of the line 17 following: regulation of any of the following that has the effect of line 18 prohibiting the retail sale by delivery of medicinal cannabis: line 19 (a) line 20 (1)  The number of medicinal cannabis businesses authorized to line 21 operate in the local jurisdiction. line 22 (b) line 23 (2)  The operating hours of medicinal cannabis businesses. line 24 (c) line 25 (3)  The number or frequency of sales by delivery of medicinal line 26 cannabis. line 27 (d) line 28 (4)  The types or quantities of medicinal cannabis authorized to line 29 be sold. sold by delivery. line 30 (e)  Any other aspect of the operation of a medicinal cannabis line 31 business that is essential to its ability to offer medicinal cannabis line 32 products for sale to medicinal cannabis patients and their primary line 33 caregivers within the local jurisdiction in a timely and readily line 34 accessible manner, and in types and quantities that are sufficient line 35 to meet demand from medicinal cannabis patients within the local line 36 jurisdiction. line 37 (5)  The establishment of physical premises from which retail line 38 sale by delivery of medicinal cannabis within the jurisdiction is line 39 conducted. 96 SB 1186 — 7 — 354 line 1 (b)  Nothing in this chapter shall be construed to prohibit the line 2 adoption or enforcement of reasonable regulations on retail sale line 3 by delivery of medicinal cannabis, including, but not limited to, line 4 reasonable regulations related to: line 5 (1)  Zoning requirements that are not inconsistent with line 6 subdivision (a). If compliance with subdivision (a) would otherwise line 7 require a local jurisdiction to authorize a physical premises from line 8 which retail sale by delivery of medicinal cannabis within the line 9 jurisdiction is conducted, this paragraph shall not be construed line 10 to alter that requirement. line 11 (2)  Security or public health and safety requirements. line 12 (3)  Licensing requirements. line 13 (4)  The imposition, collection, and remittance of any applicable line 14 state or local taxes upon retail sales occurring within the local line 15 jurisdiction. line 16 (c)  Nothing in this chapter shall be construed to limit or line 17 otherwise affect the ability of a local jurisdiction to adopt or line 18 enforce any regulations on commercial cannabis operations other line 19 than retail sale by delivery of medicinal cannabis in the local line 20 jurisdiction. line 21 (d)  This section shall become operative on January 1, 2024. line 22 26303. A local jurisdiction may adopt and enforce regulations line 23 that limit the sale of medicinal cannabis to delivery only, which line 24 shall not be deemed to be an unreasonable restriction. line 25 26304. line 26 26303. The California Environmental Quality Act (CEQA) line 27 (Division 13 (commencing with Section 21000) of the Public line 28 Resources Code) does not apply to any of the following: line 29 (a)  The repeal of any local ordinance, regulation, or rule line 30 prohibiting the operation of medicinal cannabis businesses. line 31 (b)  The adoption of any local ordinance, regulation, or rule line 32 providing for discretionary review and approval of any local line 33 permits, licenses, or other local authorizations, consistent with line 34 Sections 26302 and 26303, Section 26302, to engage in retail sales line 35 by delivery of medicinal cannabis or medicinal cannabis products line 36 conducted by businesses engaged in delivery from premises within line 37 the local jurisdiction, or by storefront retailers within the local line 38 jurisdiction, or both, on the condition that the discretionary review line 39 provided for by that local ordinance, regulation, or rule includes line 40 any applicable environmental review required by CEQA. 96 — 8 — SB 1186 355 line 1 (c)  The adoption of any local ordinance, regulation, or rule line 2 otherwise establishing a local jurisdiction’s compliance with this line 3 chapter. line 4 26305. line 5 26304. (a)  This chapter may be enforced by an action brought line 6 pursuant to Chapter 2 (commencing with Section 1084) of Title 1 line 7 of Part 3 of the Code of Civil Procedure by any of the following line 8 parties, who shall be beneficially interested within the meaning of line 9 Section 1086 of the Code of Civil Procedure: line 10 (1)  A medicinal cannabis patient or their primary caregiver who line 11 seeks to purchase medicinal cannabis or medicinal cannabis line 12 products within the local jurisdiction. line 13 (2)  A medicinal cannabis business that seeks to offer medicinal line 14 cannabis for sale within the local jurisdiction. line 15 (3)  The Attorney General. line 16 (4)  Any other party otherwise authorized by law. line 17 (b)  This section shall not be construed to limit the availability line 18 of any other remedy otherwise available to enforce this chapter. line 19 The existence of any other remedy shall not restrict the availability line 20 of relief to enforce this chapter under Chapter 2 (commencing with line 21 Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. line 22 (c)  This section shall become operative on January 1, 2024. line 23 26306. line 24 26305. Nothing in this chapter shall be construed to limit or line 25 otherwise affect the ability or right of a local jurisdiction to regulate line 26 adult-use cannabis pursuant to Section 26200. line 27 26307. line 28 26306. This chapter addresses a matter of statewide concern line 29 and not a municipal affair, as that term is used in Section 5 of line 30 Article XI of the California Constitution. line 31 SEC. 3. If the Commission on State Mandates determines that line 32 this act contains costs mandated by the state, reimbursement to line 33 local agencies and school districts for those costs shall be made line 34 pursuant to Part 7 (commencing with Section 17500) of Division line 35 4 of Title 2 of the Government Code. O 96 SB 1186 — 9 — 356 357 358 359 SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 SB 1186 THIRD READING Bill No: SB 1186 Author: Wiener (D) Amended: 4/25/22 Vote: 21 SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-4, 4/4/22 AYES: Roth, Becker, Dodd, Eggman, Leyva, Min, Newman, Pan NOES: Melendez, Bates, Jones, Ochoa Bogh NO VOTE RECORDED: Archuleta, Hurtado SENATE GOVERNANCE & FIN. COMMITTEE: 4-1, 4/20/22 AYES: Caballero, Durazo, Hertzberg, Wiener NOES: Nielsen SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Medicinal Cannabis Patients’ Right of Access Act SOURCE: California Cannabis Industry Association DIGEST: This bill prohibits, beginning January 1, 2024, local jurisdictions from adopting or enforcing regulations that prohibit retail delivery of medicinal cannabis, or any regulation that has the effect of prohibiting the retail delivery of medicinal cannabis in a timely and readily accessible manner. This bill permits the provisions be enforced by a writ of mandate beginning January 1, 2024. This bill includes exemptions to the California Environmental Quality Act (CEQA) relating to medicinal cannabis businesses. ANALYSIS: Existing law: 1) Enacts the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“the Act”) to establish a comprehensive system to control and regulate the 360 SB 1186 Page 2 cultivation, distribution, transport, storage, manufacturing, proces sing, and sale of both medicinal cannabis and cannabis products, and adult-use cannabis and cannabis products for adults 21 years of age and over. (Business and Professions Code (BPC) § 26000, et seq.) 2) Permits local jurisdiction to adopt and enforce local ordinances to regulate licensed cannabis businesses. (BPC § 26200) 3) Establishes the Compassionate Use Act (CUA) of 1996, also known as Proposition 215, which protects patients and their primary caregivers from criminal prosecution or sanction for obtaining and using marijuana for medical purposes upon the recommendation of a physician. Also protects physicians who recommends marijuana to a patient for medical purposes from being punished or denied any right or privilege. States that the purpose of CUA is t o ensure that seriously ill Californians have the right to obtain and use marijuana if a physician has determined that the person’s health would benefit from its use in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. (Health and Safety Code (HSC) §11362.5) 4) Establishes the Compassionate Access to Medical Cannabis Act or Ryan’s Law which requires a health care facility to permit a terminally ill patient, defined as a prognosis of one year or less to live, to use medical cannabis within the health care facility. (HSC §§ 1649 – 1649.6) 5) Clarifies the Compassionate Access to Medical Cannabis Act or Ryan’s Law does deem to reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act. (HSC § 1649.5) 6) Requires, under CEQA, lead agencies with the principal responsibility for carrying out or approving a proposed discretionary project to prepare a negative declaration, mitigated declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA (CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA Guidelines). (Public Resources Code (PRC) §21000 et seq.) 361 SB 1186 Page 3 7) Permits civil remedies via the California Code of Civil Procedure in the enforcement actions taken against a licensee or unlicensed person for a violation this Act. (BPC § 26031.5) This bill: 1) Establishes the “Medicinal Cannabis Patients’ Right of Access Act”. 2) Restricts, beginning January 1, 2024, local jurisdictions from adopting or enforcing any regulation that prohibits the sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that has the effect of prohibiting the retail sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients, including, but not limited to, regulations that unreasonably restrict any of the following: a) The number of medicinal cannabis businesses authorized to operate in the local jurisdiction. b) The operating hours of medicinal cannabis businesses. c) The number or frequency of sales by delivery of medicinal cannabis. d) The types or quantities of medicinal cannabis authorized to be sold. e) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted. 3) Clarifies that nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis. 4) Provides an act may be enforced for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. 5) Prohibits the application of CEQA requirements from applying to the following: 362 SB 1186 Page 4 a) The repeal of any local ordinance, regulation, or rule prohibiting the operation of medicinal cannabis businesses. b) The adoption of any local ordinance, regulation, or rule providing for discretionary review and approval of any local permits, licenses, or other local authorizations to engage in retail sales by delivery of medicinal cannabis or medicinal cannabis products conducted by businesses engaged in delivery from premises within the local jurisdiction, on the condition that the discretionary review provided for by that local ordinance, regulation, or rule includes any applicable environmental review required by CEQA. Background History of Medicinal Cannabis. California was the first state in the nation to allow for the medical use of marijuana with the passage of Proposition 215 in 1996. Proposition 215 protected qualified patients and primary caregivers from prosecution related to the possession and cultivation of cannabis for medicinal purposes. Since then, according to the National Conference of State Legislatures, 36 more states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands have enacted similar laws. In 2003, the Legislature authorized the formation of medical marijuana cooperatives—nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries. In 2015, the Legislature passed the Medical Cannabis Regulation and Safety Act (MCRSA). For the first time, MCRSA established a comprehensive, statewide licensing and regulatory framework for the cultivation, manufacture, transportation, testing, distribution, and sale of medicinal cannabis. Shortly following the passage of MCRSA in November 2016, California voters passed Proposition 64, the "Control, Regulate and Tax Adult Use of Marijuana Act" (Proposition 64), which legalized adult-use cannabis. Less than a year later in June 2017, the California State Legislature passed a budget trailer bill, SB 94 (Committee on Budget and Fiscal Review, Chapter 27, Statutes of 2017), that integrated MCRSA with Proposition 64 to create the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), the current regulatory structure for both medicinal and adult-use cannabis. Beginning in 2018, Proposition 64 363 SB 1186 Page 5 permitted adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedical purposes, with certain restrictions. As the cannabis industry has evolved over the past two decades, the Author reports that access to medicinal cannabis has been adversely impacted given that MAUCRSA gives cities the authority to ban cannabis activity, including medical cannabis. County of Santa Cruz, et. al. v. BCC. In 2019, the County of Santa Cruz and 24 other California cities sued the Bureau of Cannabis Control (BCC). BCC promulgated CCR § 15416(d) which permits statewide cannabis delivery. The plaintiffs, local jurisdictions, claimed the regulation directly conflicts with BPC § 26200, which gives authority to local jurisdictions to regulate cannabis in their county or city. In 2021, the courts decided that delivery is permitted statewide. However, it also affirmed that cities and counties can ban operations, and they can choose to enforce their own ordinances. Local Control. Proposition 64 allowed local jurisdictions to choose if cannabis activity was the best direction for their respective counties and cities. Today, about 53% of counties have permitted cannabis commercial Medicinal/Adult-Use cannabis business operations. This leaves, geographically, almost half of the state without access to legal cannabis in a local county or city. Because the regulatory framework for adult-use and medicinal were consolidated, local jurisdictions are permitted to make the same regulatory decision for all use of cannabis. Access to Medicinal Cannabis. According to the Sponsor, there are about 18 local jurisdictions that have limited their licensing to only certain medicinal activities. In addition, there are 17 jurisdictions that have prohibited all commercial cannabis activities from being established within their jurisdictions, but have explicit ordinances allowing medicinal cannabis delivery into their jurisdiction as long as it originates outside of their jurisdiction. Currently, there are 979 brick and mortar storefronts and 391 delivery operators. Medicinal Use Benefits. Following enactment of Proposition 215 (CUA), the Institute of Medicine issued a report in 1999 stating that scientific data indicate the “potential therapeutic value of cannabinoid drugs, primarily THC, for pain relief, control of nausea and vomiting, and appetite stimulation.” The report went on to state that the psychological effects of cannabinoids, such as anxiety reduction, sedation, and euphoria can influence their potential therapeutic value. In 2017, the National Academies of Science, Engineering, and Medicine (NASEM) released a 364 SB 1186 Page 6 comprehensive report dedicated to the current understanding of the demonstrated health effects of cannabis and cannabinoids, including cannabidiol (CBD) and the psychoactive molecule, tetrahydrocannabinol (THC). This review found evidence to support that patients who were treated with cannabis or cannabinoids were more likely to experience significant reductions in pain symptoms. It also found benefits for multiple sclerosis-related muscle spasms, and preventing and treating chemotherapy-induced nausea and vomiting. The report found conclusive evidence of modest therapeutic efficacy for cannabis, cannabis-based products, or synthetic cannabinoids for three conditions: cancer patients experiencing chemotherapy-induced nausea and vomiting, chronic pain, and multiple sclerosis-related spasticity. For other conditions evaluated, NASEM either found no therapeutic effects or inconclusive evidence of effects. Although there is only conclusive evidence for these three conditions, California’s Compassionate Use Act of 1996 established the right for patients to obtain and use cannabis when prescribed for “cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which [cannabis] may provide relief.” At this point in time, there is limited information doctors can rely upon to properly discuss, recommend, and prescribe cannabis to patients. Medicinal versus Adult-Use Cannabis. Currently, doctors write their patient or client a “recommendation” for cannabis. After a doctor provides a “recommendation”, the county health department approves (or denies) it with an application fee, and then a medical identification card (ID) is given. With this ID, a person can buy cannabis in a retail store, but benefit from a reduced taxes. Medicinal Cannabis is fully exempt from state and local sales taxes if purchased for medical use with a valid state medical ID card. Some cities and counties also levy lower excise tax rates on purchases. This bill does not address how medicinal - only retail would impact localities without tax revenue for services like enforcement. Enforcement mechanism. This bill provides for enforcement of its requirements through the existing writ of mandate provisions in the Code of Civil Procedure. (See Code Civ. Proc., pt. 2, tit. 1, ch. 2, §§ 1084 et seq.) A writ of mandate issued pursuant to these provisions is a court order to a specific body to compel the performance of an act that is required by law. (Id., § 1085.) The bill authorizes any medical cannabis patient or primary cannabis caregiver who seeks to purchase cannabis in the jurisdiction, a medical cannabis business that seeks to offer medical cannabis for sale in the jurisdiction, the Attorney General, and any other party otherwise authorized by law to seek the writ, and establishes that these potential 365 SB 1186 Page 7 parties have the necessary interest in a local jurisdiction’s compliance to satisfy the statutory interest requirement. (See id., § 1086.) While the bill does not create a private right of action that would allow an injured party to seek damages, the bill specifies that the provision authorizing a party to seek a writ of mandate does not limit the availability of other remedies; as su ch, if a local jurisdiction’s violation of the bill also constituted a violation of additional statutes, this bill would not prohibit an injured party from seeking remedies under all available statutory schemes. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT: (Verified 5/17/22) California Cannabis Industry Association (source) Americans for Safe Access APLA Health Assured Partners Autumn Brands California Norml Curaleaf Endo Industries Good Farmers Great Neighbors Kiva Confections MWG Holdings Group, Inc. Origins Council Quality Testing Lab San Diego Cannabis Times San Francisco Aids Foundation SPARC The Parent Company Weed for Warriors Project OPPOSITION: (Verified 5/17/22) California Contract Cities Association California State Association of Counties City of Bellflower City of Beverly Hills City of Lakewood City of Menifee City of Thousand Oaks 366 SB 1186 Page 8 City of Walnut County of Butte League of California Cities Rural County Representatives of California Santa Cruz County Board of Supervisors Urban Counties of California ARGUMENTS IN SUPPORT: Generally, supporters write that the the problem can be found in Proposition 64’s dual licensing structure, because cannabis businesses must be licensed by both the State and the appropriate local jurisdiction to legally operate. According to the Secretary of State, 393 out of 540 jurisdictions voted in favor of Proposition 64. But today, approximately two-thirds of California cities and counties still prohibit commercial cannabis retail. The shortage of legal cannabis retail businesses has fueled an ever-growing illicit cannabis market, which is estimated to be worth nearly $8 billion annually. ARGUMENTS IN OPPOSITION: Generally, opposition writes that SB 1186 undermines the intent of MAUCRSA by eliminating a local jurisdiction’s ability to prohibit medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction, and restricting local authority to set appropriate local regulations which are developed in various public processes. Prepared by: Alexandria Smith Davis / B., P. & E.D. / 5/18/22 15:47:59 **** END **** 367 Agenda Item No.: 13.B Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:DISCUSSION REGARDING LOS ANGELES COUNTY SANITATION DISTRICT LABOR AGREEMENT (WILSON) DATE:June 27, 2022 BACKGROUND: Mayor Pro Tem Wilson attends the monthly Los Angeles County Sanitation District meeting and requested this be brought to the attention of the City Council. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_220613_SanitationDistrict.pdf 368 369 Agenda Item No.: 14.A Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:UPDATE ON EIS REGISTRATION EFFORTS DATE:June 27, 2022 BACKGROUND: The City Council commissioned an Emergency Information System (EIS) to be built for Rolling Hills. The EIS is accessible on the city’s website and it is only set up for residents of Rolling Hills to enter household, and contact information by address. Contact information entered into the EIS can be exported to the two above mentioned platforms to send out notification messages. The Block Captains worked with city staff to test drive the EIS. Volunteers from the Block Captain program reported on ease of use, the mobile version on cell phones, EIS on Mac Books and Personal Computers, and program interface improvements. At the April, 25, 2022 City Council meeting, staff was asked to return with an update on the current EIS registration drive. DISCUSSION: As of Wednesday June 6, 2022, an estimate 69 households have registered for the EIS. Of those, staff was able to assist either over the phone or at city hall an estimated 33 households. The number of residents whose information was added for those households was 93. EIS Enrollments: November 2021 4 December 2021 1 January 2022 1 February 2022 1 March 2022 9 April 2022 21 (staff enrolled 11) May 2022 31 (Staff enrolled 22) June 2022 1 TOTAL: 69 370 FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: 371 Agenda Item No.: 14.B Mtg. Date: 06/27/2022 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDERATION OF SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) REQUEST FOR SUPPORT REGARDING STATE BUDGET REQUEST DATE:June 27, 2022 BACKGROUND: On June 3, 2022, the South Bay Cities Council of Governments (SBCCOG) sent local legislators a request for state funding of $5 million for the SBCCOG to create a Center for Sustainable and Resilient Neighborhoods. As the attached letter shows, this funding would allow the SBCCOG to move forward with a solar initiative, regional organic waste education, the Local Travel Network, Neighborhood Centers and further advancing city climate action plan implementation steps. DISCUSSION: State budget deliberations have started and therefore time is of the essence for the SBCCOG to show local legislators that they also have individual member cities support. The SBCCOG is requesting a formal letter of support from the City of Rolling Hills, but also immediately having the Mayor and Councilmembers send personal email notes to our legislators (Senator Allen and Assemblymember Muratsuchi) saying that you are in support as an individual. If willing staff can provide a sample email for the City Council. FISCAL IMPACT: None. RECOMMENDATION: Consider and provide direction to staff. ATTACHMENTS: CL_AGN_220613_SBCCOG_StateBudgetRequest.pdf 372 L O C A L G O V E R N M E N T S I N A C T I O N Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance Los Angeles District #15 Los Angeles County 2355 Crenshaw Blvd., #125 Torrance, CA 90501 (310) 371-7222 sbccog@southbaycities.org www.southbaycities.org June 2, 2022 The Honorable Ben Allen Senator, 26th District 1021 O Street, Suite 6610 Sacramento, CA 95814-4900 The Honorable Steven Bradford Senator, 35th District 1021 O Street, Suite 7210 Sacramento, CA 95814-4900 The Honorable Al Muratsuchi Assemblymember, 66th District 1021 O Street, Suite 5610 Sacramento, CA 95814-4900 The Honorable Mike Gipson Assemblymember, 64th District 1021 O Street, Suite 8110 Sacramento, CA 95814-4900 Re: South Bay Cities Council of Governments State Budget Funding Request Dear South Bay Legislators: The SBCCOG respectfully submits this request for a $5 million allocation from the state’s historic $100 billion budget surplus to create a South Bay Center for Sustainable and Resilient Neighborhoods. This Center’s mission would be to expeditiously deploy all tools available to local and subregional governments to dramatically reduce greenhouse gas (GHG) emissions in order to create more equitable, sustainable and resilient neighborhoods in the South Bay. Dramatically reducing GHG emission over the next five years is critical to avoiding climate change “tipping points.” The SBCCOG would utilize the state budget allocation within that time period to implement various programs and projects that reduce GHG emissions, as well as develop partnerships to leverage state funding. The SBCCOG has worked with our cities to adopt both local climate action plans and adaptation plans. In addition, the SBCCOG Board adopted subregional climate action and adaptation plans. However, neither the SBCCOG nor our cities have adequate resources to implement these plans. A state budget allocation that provides seed funding for a collaborative implementation program will ensure successful implementation at this critical time if irreversible environmental damage is to be avoided. We envision the Center implementing programs that could reduce carbon in a variety of ways across the diverse communities of the South Bay cities. These programs will include: • Developing renewable energy and electric storage programs – Municipal roof top solar generation and electric storage systems will be critical to adapting to this future, as communities transition from natural gas appliances to electric, use high levels of A/C to combat extended heat waves and ramp up electric vehicle charging. South Bay cities have expressed interest in roof top solar projects that could not only reduce GHG emissions, but also increase the resilience of critical city services. Funding could be leveraged to bring in other partners. • Implementing a Local Use Vehicle Ecosystem, which will provide a scalable option for zero emission mobility in support of the hyper-local travel patterns in the South Bay – SBCCOG research shows that 70% of trips in the South Bay are within 3 miles of home and 90% within 10 miles. Additionally, public transit mode share is less than 3% in the subregion, largely due to inefficient or infrequent service for the noted travel patterns. This means most South Bay 373 2 residents use internal combustion engine (ICE) vehicles to make short trips. To reduce transportation related GHG emissions, the South Bay must transition from ICE to EV modes. Prioritizing the least expensive segment of the market – Local Use Vehicles – will speed the transition by getting zero emission vehicles into the hands of drivers from all economic backgrounds—not just those who can afford a full-sized EV. The SBCCOG is working with our cities to implement their respective segments of the South Bay Local Travel Network for all Local Use Vehicles. Success will depend on funding to implement public education, ride and drive events, and other tools to help residents “right size” their ride. These supportive initiatives are ready for implementation but require funding. • Implementing a pilot of our innovative land use-technology strategy to develop a “digital hub” and revitalize a neighborhood center in three disadvantaged neighborhoods to advance digital equity while also reducing carbon emissions – One of the most effective methods of reducing transportation related GHG emissions is by creating destinations that are closer to home. The SBCCOG is pioneering an innovative strategy that establishes neighborhood business districts, initially in disadvantaged and working-class communities. Districts are centered around a public facility dedicated to providing high-speed internet access combined with technology and training. The SBCCOG’s award-winning South Bay Fiber Network project is currently operating a middle-mile network ready to extend to commercial areas in equity-focused communities as well as to additional public facilities. These centers would provide a variety of services, including educational training opportunities for residents on use of emerging technologies such as 3D printing. When coupled with the SBCCOG’s Local Use Vehicle ecosystem initiative, these neighborhood centers would allow South Bay residents to close the “mobility divide” by reaching most of their destinations with little to no GHG emissions. This is achieved through use of active modes, zero emission LUVs, and virtual presence of telemedicine, distance education and e-government. • Developing regional organic waste projects – Our cities all face organic waste and SB 1383 compliance requirements. The SBCCOG believes a cost-effective regional organic waste effort is feasible and can be successful. The SBCCOG has worked with partner agencies such as West Basin Municipal Water District to implement regional water conservation programs and could replicate that success with state funding for organic waste. The SBCCOG is an agile organization with a record of accomplishing successful environmental and social justice projects in partnership with the cities and county areas of the South Bay. We have programs supported by years of research and demonstration that are ready for implementation. The SBCCOG will build on our proven history of success in the region in the areas of mobility, technology, water and energy efficiency with seed funding from the state. Our cities are poised to move forward with implementation of the sustainability programs described above that are currently unfunded. The historic state budget surplus will ensure that together, they can do so in collaboration facilitated by the SBCCOG. This funding will allow the South Bay to demonstrate to the state that strategically placed resources can make a positive impact to reduce greenhouse gas emissions and advance the state’s goals. Thank you for your consideration of this proposal. Should you have any questions, please contact SBCCOG Executive Director, Jacki Bacharach, at (310) 371-7222 or Jacki@southbaycities.org. Sincerely, Drew Boyles, SBCCOG Chair Mayor, City of El Segundo 374