Rolling Hills City Council
December 13, 2022

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. CERTIFICATION OF ELECTION / CITY COUNCIL REORGANIZATION / PRESENTATIONS / PROCLAMATIONS

4.A. MAYOR'S PRESENTATION OF KEY TO THE CITY RECOGNIZING CITY ATTORNEY MICHAEL JENKINS FOR HIS 40 YEARS OF SERVICE TO THE CITY

OF ROLLING HILLS
RECOMMENDATION: Present key to the city and plaque of recognition.

4.B. ADOPT BY TITLE ONLY RESOLUTION NO. 1317 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022,

DECLARING THE RESULTS AND SUCH MATTERS AS PROVIDED BY LAW RECOMMENDATION: Adopt Resolution 1317 declaring the results of the General Municipal Election held on November 8, 2022 and taking such further actions as provided by law to complete the election process.

4.C. ADMINISTRATION OF OATH OF OFFICE BY CITY CLERK TO RE-ELECTED MAYOR JAMES BLACK, M.D.

RECOMMENDATION: Administer Oath of Office
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting

CITY COUNCIL
Tuesday, December 13, 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 [email protected].

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. 1321 Next Ordinance No. 383
ResolutionNo1317_ElectionCertification_11.08.22.pdf
CL_ELC_221207_RRCC_CanvassCertificate_StatementOfVotesCast.pdf 1 4.D. ADMINISTRATION OF OATH OF OFFICE BY CITY CLERK TO RE-ELECTED

MAYOR PRO TEM PATRICK WILSON
RECOMMENDATION: Administer Oath of Office

4.E. ADMINISTRATION OF OATH OF OFFICE BY CITY CLERK TO RE-ELECTED

COUNCILMEMBER LEAH MIRSCH
RECOMMENDATION: Administer Oath of Office

4.F. CITY COUNCIL REORGANIZATION
RECOMMENDATION:

A. PRESENTATION OF NEW MAYOR AND MAYOR PRO-TEM
B. PRESENTATION TO MAYOR BLACK IN RECOGNITION OF HIS SERVICE DURING HIS 2022 TERM AS MAYOR
C. COMMENTS FROM OUTGOING MAYOR

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 itemsnot 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 DECEMBER 13, 2022
RECOMMENDATION: Approve.

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: NOVEMBER 14, 2022 RECOMMENDATION: Approve as presented.

7.D. PAYMENT OF BILLS.

RECOMMENDATION: Approve as presented.

7.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR NOVEMBER 2022
RECOMMENDATION: Receive and file.

CL_AGN_221213_CC_AffidavitofPosting.pdf
CL_MIN_221114_CC_F.pdf
CL_AGN_221213_PaymentofBills.pdf
2 7.F. RECEIVE AND FILE A LETTER FROM HCD INDICATING THE CITY'S 6TH

CYCLE HOUSING ELEMENT, ALONG WITH TECHNICAL MODIFICATIONS, IS

IN FULL COMPLIANCE WITH STATE LAW AND ACCEPT THE TECHNICAL

MODIFICATIONS
RECOMMENDATION: Receive and file HCD's letter and accept the technical modifications to the 6th Cycle Housing Element.

7.G. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ONWARD

ENGINEERING TO PROVIDE ON-CALL CONSTRUCTION OR GENERAL
INSPECTION SERVICES DURING FY22/23 FOR A NOT-TO-EXCEED FEE OF $24,470; ADOPT BY RESOLUTION NO. 1319 AUTHORIZING A BUDGET MODIFICATION OF $24,470
RECOMMENDATION: Adopt Resolution No. 1319 and approve as presented.

7.H. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH BENNETT

LANDSCAPE TO PROVIDE LANDSCAPING SERVICES FOR THE CITY HALL CAMPUS
RECOMMENDATION: Approve as presented.

7.I. APPROVE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR PHASE 2 OF THE SANITARY SEWER FEASIBILITY STUDY FOR A NOT-TO-EXCEED FEE OF $9,010; ADOPT BY RESOLUTION NO. 1318 AUTHORIZING A BUDGET MODIFICATION OF $9,010.

RECOMMENDATION: Adopt Resolution No. 1318 and approve as presented.

7.J. ACCEPT EMERGENCY STORM DRAIN REPAIR AT 3 MIDDLERIDGE LANE

NORTH AS COMPLETE, FILE NOTICE OF COMPLETION, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO EC CONSTRUCTION
RECOMMENDATION: Approve as presented.

8. EXCLUDED CONSENT CALENDAR ITEMS

9. COMMISSION ITEMS

10. PUBLIC HEARINGS

10.A. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF CL_AGN_221213_CC_TonnageReport.pdf
PL_GPN_HSG_221123_HCD_ComplianceLetter.pdf
PL_GPN_HSG_221121_Chapter6-GoalsPoliciesActions-CLEAN.pdf PL_GPN_HSG_221121_Chapter6-GoalsPoliciesActions-REDLINE-v3.pdf PL_GPN_HSG_221121_HCD_Comments.pdf
ResolutionNo1319_Onward Engineering_PSA_BudgetAmendment_Inspection.pdf CA_AGR_221213_PSA_OnwardEngineering_InspectionServices.pdf CA_AGR_221213_PSA_BennettLandscape_Maintenance.pdf
ResolutionNo1318_Wildan_PSA01_BudgetAmendment_SanitarySewer.pdf CA_AGR_221213_PSA_Willdan_Amendment01_SanitarySewerFeasibilityStudy.pdf PW_DRA_221017_ECC_EmergencyEstimate_3MiddleridgeLaneN.pdf PW_DRA_221123_ECC_Invoice_CF_3MiddleridgeLane.pdf
PW_DRA_221213_3MiddleridgeLaneN_NoticeOfCompletion_D - Copy.pdf 3 ORDINANCE NO. 381 AND ADOPTION OF URGENCY ORDINANCE NO. 381-U AMENDING CHAPTER 17.28 OF THE ROLLING HILLS MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND DETERMINING THE ORDINANCES TO BE EXEMPT

FROM CEQA
RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and make the following actions:

Find that the adoption of the ordinances is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17;
Introduce for first reading by title only Ordinance No. 381 regarding ADUs and JADUs; and
Adopt Ordinance No. 381-U regarding ADUs and JADUs.

11. NEW BUSINESS

11.A. ADOPT RESOLUTION NO. 1320, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ROLLING HILLS APPOINTING PATRICK DONEGAN AS CITY ATTORNEY; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY

DOCUMENTS NECESSARY TO IMPLEMENT THE APPOINTMENT
RECOMMENDATION: Approve as presented.

11.B. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 382 AND ADOPTION OF URGENCY ORDINANCE NO. 382-U AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL

CODE AND DETERMINING THE ORDINANCE EXEMPT FROM CEQA
RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and make the following actions:

Find that the adoption of the ordinances is not a project subject to CEQA review because it has no potential for resulting in physical change to the environment;
Introduce for first reading by title only Ordinance No. 382 regarding building and construction; and
Adopt Ordinance No. 382-U regarding building and construction.

12. OLD BUSINESS

12.A. RECEIVE FEEDBACK FROM CALWATER, COUNTY OF LOS ANGELES FIRE

DEPARTMENT, AND PALOS VERDES PENINSULA UNIFIED SCHOOL
Attachment 1 - CL_ORD_381_ADU Ordinance_D2.pdf
Attachment 2 - CL_ORD_381-U_ADU Urgency Ordinance_D.pdf Attachment 3 - CL_AGN_CC_221213_REDLINE - ADU Code Amendments (SR Attachment)-c1.pdf
Attachment 4 - CL_RES_2022-20_PCResolution_ADU_Ordinance_111522_E.pdf ResolutionNo1320_CityAttorneyAppointmnt_PatrickDonegan.pdf CA_AGR_221213_BBK_Amendment.pdf
ATTACHMENT 1 - CL_ORD_382_BuildingCodeOrdinance_D.pdf
ATTACHMENT 2 - CL_ORD_382-U_BuildingCodeUrgencyOrdinance_D.pdf ATTACHMENT 3 - CL_ORD_382_BuildingCodeOrdinance_REDLINE_D.pdf ATTACHMENT 4 - CL_ORD_382-U_BuildingCodeUrgencyOrdinance_REDLINE_D.pdf ATTACHMENT 5 - PL_ZOA_221024_Letter_LACounty.pdf
4 DISTRICT ON THE OUTDOOR SIREN PROJECT, AND APPROVE THE THIRD

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HQE
SYSTEMS IN THE AMOUNT OF $4,195
RECOMMENDATION:

Receive and file; approve the Third Amendment to Professional Services Agreement with HQE Systems in the amount of $4,195

13. MATTERS FROM THE CITY COUNCIL

14. MATTERS FROM STAFF

15. RECESS TO CLOSED SESSION

16. RECONVENE TO OPEN SESSION

17. ADJOURNMENT
Adjourn in memory of Carla Routt who passed away on December 2, 2022. Next regular meeting: Monday, January 9, 2023 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.

CL_AGN_221213_CC_PSA_HQE_Amendment03.pdf
CL_AGN_221024_CC_ScopeOfWork2_HQE 221020.pdf
CL-AGN_221213_Siren Locations_rv221201.pdf
CL_AGN_221213_SiteSurveys.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.: 4.A
Mtg. Date: 12/13/2022
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: MAYOR'S PRESENTATION OF KEY TO THE CITY RECOGNIZING CITY ATTORNEY MICHAEL JENKINS FOR HIS 40 YEARS OF SERVICE TO

THE CITY OF ROLLING HILLS
DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Present key to the city and plaque of recognition.

ATTACHMENTS:
6 Agenda Item No.: 4.B
Mtg. Date: 12/13/2022
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 BY TITLE ONLY RESOLUTION NO. 1317 RECITING THE FACT

OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY,
NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH

MATTERS AS PROVIDED BY LAW
DATE: December 13, 2022
BACKGROUND:

Under the provisions of the California Elections Code, the City Council adopted Resolution No. 1295 on May 23, 2022 requesting the Los Angeles County Board of Supervisors to order the consolidation of a General Municipal Election to be held on November 8, 2022 with the Statewide General Election and requesting the Los Angeles County RegistrarRecorder/County Clerk to provide full services in conducting said municipal election. On November 8, 2022, a General Municipal Election was held in the City of Rolling Hills for the purpose of electing three members of the City Council.

DISCUSSION:

On November 8, 2022, Los Angeles County conducted a General Municipal Election consolidated with the Statewide General Election for the three open Rolling Hills City Council seats. On December 5, 2022, the Los Angeles County Registrar-Recorder/County Clerk completed the canvass of ballots; and on December 7, 2022, provided the City with a Certificate of the Canvass of the Election Returns and Official Statement of Votes Cast (attached).

Upon receipt of the election results from the County, California Election Code 10262 and 10263 require that the City Clerk certify the results to the City Council and that the City Council adopt a resolution declaring the results of the election. The attached Resolution 1317 incorporates Exhibit A (Certificate of the Canvass of the Election Returns and Official Statement of Votes Cast) and declares the results of the election.

Upon adoption the newly elected Council members will be given the Oath of Office and assume office immediately.
7 FISCAL IMPACT:

The cost of the consolidated election will be provided by the Los Angeles County RegistrarRecorder/County Clerk in the coming months. The City Council approved a budget of $15,000.00 in the FY 2022-2023 for the consolidated election.

RECOMMENDATION:

Adopt Resolution 1317 declaring the results of the General Municipal Election held on November 8, 2022 and taking such further actions as provided by law to complete the election process.

ATTACHMENTS:

ResolutionNo1317_ElectionCertification_11.08.22.pdf
CL_ELC_221207_RRCC_CanvassCertificate_StatementOfVotesCast.pdf 8 Resolution No. 1317 1
RESOLUTION NO. 1317

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING

HILLS, CALIFORNIA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2022,

DECLARING THE RESULTS OF SAID GENERAL MUNICIPAL

ELECTION, AND TAKING SUCH FURTHER ACTIONS AS PROVOIDED

BY LAW TO COMPLETE THE ELECTION PROCESS

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, RESOLVES AS FOLLOWS:

Section 1. Findings. The City Council finds as follows:

A. The City held a general municipal election on Tuesday, November 8, 2022.

B. Notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities.

C. Pursuant to applicable City Council resolutions, the Registrar-Recorder of the County of Los Angeles canvassed the returns of the election and has certified the results, which are attached as Exhibit A.

Section 2. Ballots Cast. The number of precinct ballots cast in the City (except vote by mail ballots) was 228. The number of vote by mail ballots cast in the City was 821, resulting in a total of 1,049 ballots cast in the City.

Section 3. Candidates on Ballots. The names of persons voted for at the election for Member of the City Council of the City (3 members) were as follows:

James H. Aichele
Arun “Able” Bhumitra
James Black
Leah Mirsch
Patrick Wilson
Section 4. Tabulations of Results. The number of votes given at each precinct and the number of votes given in the City to each of the persons above named and for and against the measure are attached as Exhibit A.

Section 5. Declaration of Results. Based upon the election results set forth in Exhibit A, the City Council declares:
9 Resolution No. 1317 2
a. James Black was elected as Member of the City Council of the City for the full term of four years.
b. Leah Mirsch was elected as Member of the City Council of the City for the full term of four years.
c. Patrick Wilson was elected as Member of the City Council of the City for the full term of four years.

Section 6. Statement of Results. The City Clerk is directed to enter on the records of the City Council of the City, a statement of the results of the election, showing:
(1) The whole number of votes cast in the City;
(2) The names of the persons voted for;
(3) For what office each person was voted for;
(4) The number of votes given at each precinct to each person; (5) The number of votes given in the City to each person.

Section 7. Certificates of Elections; Oath of Office. The City Clerk is directed to prepare and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and duly authenticated. The City Clerk is further directed to administer to each person elected the Oath of Office prescribed in the State Constitution of the State of California and have them subscribe to it and file it in the Office of the City Clerk.

Section 8. The City Clerk is directed to certify to the passage and adoption of this Resolution and enter the same in the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED this 13h day of December, 2022. ______________________________
MAYOR
ATTEST:
___________________________

CHRISTIAN HORVATH

CITY CLERK
10 Resolution No. 1317 3

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
The foregoing Resolution No. 1266 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING

HILLS, CALIFORNIA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2022,

DECLARING THE RESULTS OF SAID GENERAL MUNICIPAL

ELECTION, AND TAKING SUCH FURTHER ACTIONS AS PROVOIDED

BY LAW TO COMPLETE THE ELECTION PROCESS
was approved and adopted at a regular meeting of the City Council on the 13th day of December, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTIAN HORVATH

CITY CLERK
11 Resolution No. 1317 4

EXHIBIT A
12 13
14 15
16 Agenda Item No.: 4.C
Mtg. Date: 12/13/2022
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: ADMINISTRATION OF OATH OF OFFICE BY CITY CLERK TO REELECTED MAYOR JAMES BLACK, M.D.

DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Administer Oath of Office
ATTACHMENTS:
17 Agenda Item No.: 4.D
Mtg. Date: 12/13/2022
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: ADMINISTRATION OF OATH OF OFFICE BY CITY CLERK TO REELECTED MAYOR PRO TEM PATRICK WILSON DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Administer Oath of Office
ATTACHMENTS:
18 Agenda Item No.: 4.E
Mtg. Date: 12/13/2022
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: ADMINISTRATION OF OATH OF OFFICE BY CITY CLERK TO REELECTED COUNCILMEMBER LEAH MIRSCH DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Administer Oath of Office
ATTACHMENTS:
19 Agenda Item No.: 4.F
Mtg. Date: 12/13/2022
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: CITY COUNCIL REORGANIZATION
DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

A. PRESENTATION OF NEW MAYOR AND MAYOR PRO-TEM
B. PRESENTATION TO MAYOR BLACK IN RECOGNITION OF HIS SERVICE DURING HIS 2022 TERM AS MAYOR
C. COMMENTS FROM OUTGOING MAYOR
ATTACHMENTS:
20 Agenda Item No.: 7.A
Mtg. Date: 12/13/2022
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 DECEMBER 13, 2022
DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve.

ATTACHMENTS:

CL_AGN_221213_CC_AffidavitofPosting.pdf
21 Administrative Report

7.A., File # 1560 Meeting Date: 12/13/2022
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF DECEMBER 13, 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 December 13, 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: December 9, 2022
22 Agenda Item No.: 7.B
Mtg. Date: 12/13/2022
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: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve.

ATTACHMENTS:
23 Agenda Item No.: 7.C
Mtg. Date: 12/13/2022
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: NOVEMBER 14, 2022
DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CL_MIN_221114_CC_F.pdf
24 MINUTES – CITY COUNCIL MEETING
Monday, November 14, 2022

Minutes
Rolling Hills City Council
Monday, November 14, 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 7:00 p.m. Mayor 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
Christian Horvath, City Clerk / Executive Assistant to the City Manager Patrick Donegan, Deputy City Attorney
John Signo, Planning & Community Services 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 Blue Folder Items for 11B, 11E, and 13A. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

6. PUBLIC COMMENT ON NON-AGENDA ITEMS
Public Comment: Arlene Honbo, Dawn Harris-Benton of Republic Services

7. CONSENT CALENDAR

7.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF NOVEMBER 14, 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: OCTOBER 24, 2022

7.D. PAYMENT OF BILLS

7.E. FOR SECOND READING AND ADOPTION. ADOPT BY TITLE ONLY ORDINANCE NO. 380, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING CHAPTER 8.32 TO THE ROLLING HILLS MUNICIPAL CODE RELATING TO STORM 25 MINUTES – CITY COUNCIL MEETING
Monday, November 14, 2022

WATER AND POLLUTION CONTROL, AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.

7.F. RECEIVE AND FILE MEASURE W, MUNICIPAL SAFE CLEAN WATER (SCW) ANNUAL REPORT FOR FISCAL YEAR 2021-22

7.G. RECEIVE AND FILE SUBMITTAL OF THE ANNUAL MUNICIPAL STORMWATER REPORT FOR FISCAL YEAR 2021-2022

7.H. CONSIDER AND APPROVE THE THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH NV5 FOR THE SEPULVEDA CANYON STORMWATER MONITORING FOR 2022-23, 2023-24, 2024-25 IN THE AMOUNT OF $39,445
Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to approve Consent Calendar.

Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

8. EXCLUDED CONSENT CALENDAR ITEMS – NONE

9. COMMISSION ITEMS

9.A. ZONING CASE NO. 22-60: A REQUEST FOR THE APPROVAL OF A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW 800 SQUARE-FOOT SWIMMING POOL/SPA AND FOR NONEXEMPT GRADING; AND A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 797- SQUARE-FOOT POOL HOUSE LOCATED AT 21 CHUCKWAGON ROAD (MAUS) (LOT 4-CF & LOT 7-CF). THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Pieper, seconded by Mayor Pro Tem Wilson to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

10. PUBLIC HEARINGS – NONE

11. OLD BUSINESS

11.A. APPROVE UPDATE TO THE COMMUNITY WILDFIRE PROTECTION PLAN (CWPP) AND

DIRECT STAFF TO SHARE THE APPROVED UPDATED CWPP WITH THE CALIFORNIA

INSURANCE COMMISSION AND WORK WITH THE COMMISSION TO ASSIST RESIDENTS IN

OBTAINING FIRE INSURANCE IN ROLLING HILLS
Presentation by Vanessa Hevener, Senior Management Analyst Motion by Mayor Pro Tem Wilson, seconded by Councilmember Pieper to approve as presented. Motion carried with the following vote:
26 MINUTES – CITY COUNCIL MEETING
Monday, November 14, 2022

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

11.B. RECEIVE A LETTER FROM THE ROLLING HILLS COMMUNITY ASSOCIATION REGARDING

THE NATURAL GAS BACKUP GENERATOR PROJECT AND PROVIDE DIRECTION TO STAFF Presentation by Elaine Jeng, City Manager
Public Comment: Alfred Visco
Motion by Mayor Pro Tem Wilson, seconded by Councilmember Mirsch to take control of the process for evaluating a backup power plan and project back to City Council as the lead.

Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None
Motion by Councilmember Mirsch, seconded by Councilmember Pieper directing staff to develop pros and cons of the two options (Natural Gas Generator and Solar Power/Battery Backup) and return with a presentation in late January.

Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

11.C. RECEIVE AND FILE FEEDBACK FROM CALWATER ON THE OUTDOOR SIREN PROJECT Presentation by Vanessa Hevener, Senior Management Analyst Public Comment: Chesley Houske, Fred Lorig, Arlene Honbo, Alfred Visco, Jim Aichele, Gene Honbo The City Council discussed various proposed sites and by consensus directed staff to remove the Spur Lane Cal Water location from consideration. The Council requested exploration of the LA County Fire Station 56 site and the Rancho Del Mar High School property.

11.D. CONSIDER STAY GREEN INC. TO PROVIDE LANDSCAPING SERVICES FOR THE CITY HALL

CAMPUS AND DIRECT STAFF TO PREPARE A PROFESSIONAL SERVICES AGREEMENT Presentation by Christian Horvath, City Clerk / Executive Assistant to the City Manager Public Comment: Sean Bennett, Marcia Schoettle, Martin McKenna Motion by Councilmember Dieringer, seconded by Mayor Black to contract with Bennett Landscaping with the proviso that we make sure there is attendance to issues that may have been a problem. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
27 MINUTES – CITY COUNCIL MEETING
Monday, November 14, 2022

ABSENT: None

11.E. CONSIDER AND APPROVE THE TRAFFIC COMMISSION'S RECOMMENDATION FOR TRAFFIC

IMPROVEMENTS ON JOHNS CANYON ROAD TO ADDRESS RESIDENTS' CONCERNS AND

FIND THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by John Signo, Planning & Community Services Director Public Comment: Bill Wingerning, Claudia Grzywacz, Nicole Tangen, Anne Smith Motion by Mayor Pro Tem Wilson, seconded by Councilmember Mirsch to approve the street improvements on Johns Canyon Road as recommended by the Traffic Commission with a shifting of the one southbound sign away from the driveway, approve the budget amendment to fund the improvements, and find the same exempt from the California Environmental Quality Act. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

11.F. CONSIDER AND APPROVE AMENDING THE SANITARY SEWER IMPROVEMENT FEASIBILITY STUDY TO PHASE THE CONSTRUCTION OF THE 8-INCH SEWER MAIN PROJECT Presentation by Elaine Jeng, City Manager
Public Comment: Alfred Visco
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Wilson to approve a proposal from Wildan Engineering in the amount of $9,010.00 and direct staff to prepare an amended professional services agreement. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

12. NEW BUSINESS

12.A. ADOPT RESOLUTION NO. 1316 AND SET A PUBLIC HEARING ON JANUARY 23, 2023 TO CREATE UNDERGROUND UTILITY DISTRICT NO. 2 (UUD-02) ON EASTFIELD DRIVE Presentation by Vanessa Hevener, Senior Management Analyst

Motion by Mayor Pro Tem Wilson, seconded by Councilmember Mirsch to Adopt Resolution No. 1316 and set a public hearing on January 23, 2022 to create Underground Utility District No. 2 (UUD-02) on Eastfield Drive. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

12.B. CONSIDER ONWARD ENGINEERING TO PROVIDE CONSTRUCTION AND GENERAL INSPECTION SERVICES FOR A NOT-TO-EXCEED AMOUNT OF $24,470 FOR FISCAL YEAR 2022-2023; AND DIRECT STAFF TO PREPARE A PROFESSIONAL SERVICES AGREEMENT 28 MINUTES – CITY COUNCIL MEETING
Monday, November 14, 2022

Presentation by Christian Horvath, City Clerk / Executive Assistant to the City Manager Motion by Councilmember Pieper, seconded by Mayor Black to do nothing. After clarification by City Manager Jeng, Mayor Black withdrew his second.

Motion by Councilmember Mirsch, seconded by Mayor Black to approve as presented. Motion carried with the following vote:

AYES: Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSTAIN: Dieringer
ABSENT: None

13. MATTERS FROM THE CITY COUNCIL

13.A. LOS ANGELES COUNTY LAND BANK PROGRAM (DIERINGER)
Presentation by Christian Horvath, City Clerk / Executive Assistant to the City Manager and Councilmember Dieringer
Public Comment: Alfred Visco
Motion by Mayor Black, seconded by Councilmember Dieringer to write a letter in opposition and authorize Councilmember Dieringer to speak on the City’s behalf at the LA County Board of Supervisor’s meeting the following day. Motion failed with the following vote:

AYES: Dieringer, Mayor Black
NOES: Pieper, Mirsch, Wilson
ABSENT: None
Motion by Councilmember Pieper, seconded by Councilmember Mirsch to write a letter in opposition. Motion carried unanimously with the following vote:

AYES: Dieringer, Pieper, Mirsch, Wilson, Mayor Black
NOES: None
ABSENT: None

14. MATTERS FROM STAFF – NONE

15. RECESS TO CLOSED SESSION
Mayor Black recessed the City Council to Closed Session at 9:58 p.m.

15.A. EMPLOYEE PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957, TITLE

CITY MANAGER

15.B. PUBLIC EMPLOYEE APPOINTMENT CALIFORNIA GOVERNMENT CODE SECTION 54957 TITLE: CITY ATTORNEY

16. RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at 11:31 p.m. on November 14, 2022 and there was no reportable action.
29 MINUTES – CITY COUNCIL MEETING
Monday, November 14, 2022

Regarding Item 13.A, Mayor Black and the City Council reviewed the staff submitted draft letter and had no further changes.

17. ADJOURNMENT: 11:34 P.M.

Hearing no further business before the City Council, the meeting was adjourned in memory of resident Frank Robinson at 11:34 p.m on November 14, 2022. The next regular adjourned meeting of the City Council is scheduled to be held on Tuesday, December 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
30 Agenda Item No.: 7.D
Mtg. Date: 12/13/2022
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: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CL_AGN_221213_PaymentofBills.pdf
31 32
33 34
Agenda Item No.: 7.E
Mtg. Date: 12/13/2022
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 NOVEMBER 2022
DATE: December 13, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:

CL_AGN_221213_CC_TonnageReport.pdf
35 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%
Jun Greenwaste 79.14 79.14 - 100.00%
Trash 177.90 - 177.90 0.00%
Jun Total 257.04 79.14 177.90 30.79%
Jul Greenwaste 92.26 92.26 - 100.00%
Greenwaste - Free Residential Roll Off Bin 2.37 2.37 - 100.00% Trash 158.90 - 158.90 0.00%
Trash - Free Residential Roll Off Bin 32.09 - 32.09 0.00% Jul Total 285.62 94.63 190.99 33.13%
Aug Greenwaste 80.20 80.20 - 100.00%
Greenwaste - Free Residential Roll Off Bin - - - #DIV/0! Trash 176.31 - 176.31 0.00%
Trash - Free Residential Roll Off Bin 7.76 - 7.76 0.00% Aug Total 264.27 80.20 184.07 30.35%
Sep Greenwaste 94.35 94.35 - 100.00%
Greenwaste - Free Residential Roll Off Bin 5.81 5.81 - 100.00% Trash 186.19 - 186.19 0.00%
Trash - Free Residential Roll Off Bin 6.46 - 6.46 0.00% Sep Total 292.81 100.16 192.65 34.21%
Oct Greenwaste 73.45 73.45 - 100.00%
Greenwaste - Free Residential Roll Off Bin 5.21 5.21 - 100.00% Recycle 0.42 0.23 0.19 53.90%
Trash 214.19 - 214.19 0.00%
Oct Total 293.27 78.89 214.38 26.90%
Grand Total 2,700.53 947.70 1,752.83 35.09%

CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2022

36 Year (All)
Franchise Y/N N
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan C&D 39.88 32.61 7.27 81.78%
Greenwaste 12.46 12.46 - 100.00%
Recycle 0.29 0.06 0.24 18.95%
Trash 81.22 - 81.22 0.00%
Jan Total 133.85 45.13 88.72 33.72%
Feb C&D 20.81 17.02 3.79 81.78%
Greenwaste 12.73 12.73 - 100.00%
Recycle 0.28 0.08 0.20 29.05%
Trash 119.33 - 119.33 0.00%
Feb Total 153.15 29.83 123.32 19.48%
Mar C&D 3.52 2.88 0.64 81.78%
Greenwaste 12.76 12.76 - 100.00%
Recycle 0.46 0.28 0.18 61.72%
Trash 181.46 - 181.46 0.00%
Mar Total 198.20 15.92 182.28 8.03%
Apr C&D 11.41 9.33 2.08 81.78%
Greenwaste 5.27 5.27 - 100.00%
Recycle 0.26 0.16 0.10 62.30%
Trash 69.21 - 69.21 0.00%
Apr Total 86.15 14.76 71.39 17.14%
May Greenwaste 14.21 14.21 - 100.00%
Recycle 0.32 0.20 0.12 63.09%
Trash 59.18 - 59.18 0.00%
May Total 73.71 14.41 59.30 19.55%
Jun Recycle 0.31 0.20 0.11 62.90%
Trash 81.77 - 81.77 0.00%
Jun Total 82.08 0.20 81.88 0.24%
Jul Greenwaste 4.20 4.20 - 100.00%
Recycle 0.22 0.13 0.09 58.67%
Trash 44.40 - 44.40 0.00%
Jul Total 48.82 4.33 44.49 8.87%
Aug Recycle 0.29 0.16 0.13 55.53%
Trash 113.97 - 113.97 0.00%
Aug Total 114.26 0.16 114.10 0.14%
Sep Greenwaste 3.22 3.22 - 100.00%
Recycle 0.22 0.12 0.10 55.66%
Trash 76.05 - 76.05 0.00%
Sep Total 79.49 3.34 76.15 4.20%
Oct Recycle 0.32 0.18 0.15 53.90%
Trash 66.09 - 66.09 0.00%
Oct Total 66.41 0.18 66.24 0.26%
Grand Total 1,036.12 128.26 907.86 12.38%

CITY OF ROLLING HILLS NON-FRANCHISE
2022

37 Agenda Item No.: 7.F
Mtg. Date: 12/13/2022
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: RECEIVE AND FILE A LETTER FROM HCD INDICATING THE CITY'S 6TH CYCLE HOUSING ELEMENT, ALONG WITH TECHNICAL

MODIFICATIONS, IS IN FULL COMPLIANCE WITH STATE LAW AND

ACCEPT THE TECHNICAL MODIFICATIONS
DATE: December 13, 2022
BACKGROUND:

On September 26, 2022, the City Council adopted Resolution No. 1309 adopting the 2021- 2029 6th Cycle Rolling Hills Housing Element (Housing Element) and the associated mitigated negative declaration (MND). On September 28, 2022, the adopted Housing Element was sent to the California Department of Housing and Community Development (HCD) for review for compliance with State Housing Element Law (Article 10.6 of the Government Code). On November 23, 2022, HCD sent the City a letter indicating the Housing Element, along with technical modifications, is in full compliance with State Law.

DISCUSSION:

The City's adoption of the Housing Element on September 26, 2022 was based on HCD's reassurance (per an email from HCD staff on September 18, 2022) that the Draft Housing Element was in full compliance and ready for adoption. Prior to the September 26 hearing, HCD reviewed the Housing Element twice and the City made revisions accordingly based on HCD’s comments. The first Draft was, sent to HCD on January 11, 2022. HCD’s findings were received on April 11, 2022 and included 34 comments. On April 22, 2022, staff held a meeting with HCD staff to discuss those comments and address them accordingly. After the revised Housing Element was reviewed by the Planning Commission and City Council, a second draft was sent to HCD on May 24, 2022. Under State law, HCD had up to 60 days to review the updated draft. Comments were received from HCD on July 21, 2022. The July 21 letter was generally positive and included only five comments. Staff and Mr. Miller met with HCD via Zoom on August 5, 2022 to review those comments, and HCD provided further guidance to the City to develop its responses.

The Housing Element was further revised in late August and early September based on HCD's 38 guidance. On September 13, City staff requested an informal (“technical assistance”) review of the proposed Housing Element revisions by HCD, and received a response on September 18 indicating the revised document had satisfactorily responded to HCD’s comments. HCD staff indicated the City could proceed with adoption and then submit the document for a formal compliance finding and letter.

On November 14, 2022, the City's Housing Consultant, Barry Miller, was contacted by HCD's Housing Policy Manager, Paul McDougall, who is responsible for signing the certification letter. On November 15, 2022, Mr. McDougall informed Mr. Miller that minor technical modifications to Chapter 6 of the Housing Element were needed before the Housing Element could be certified. According to HCD, additional metrics were needed for certain programs:

Program 3 – Add metric for additional multifamily
Program 4 – Add metrics, especially employees
Program 6.8 – Add metric
Program 9 – Increase metric, go beyond senior homeowners Program 13 – Increase metric, go beyond Rolling Hills residents Program 20 – Convert metric to assisted households
City Staff and Mr. Miller were able to speak with HCD staff on November 21 and 22 to make sure their issues were adequately addressed. HCD’s position was that the requested edits were technical in nature and not substantive as they did not modify program language, commit the City to additional actions, or result in a larger number of total housing units. Staff responded to HCD’s request with the following edits:

Added a sentence regarding housing mobility in the region and discussed the potential for a density bonus on the Rancho Del Mar site, which was already discussed elsewhere (Program 3).

Increased the 8-year target for the number of persons working in Rolling Hills who might also be able to live in the city from four to six (Program 4).

Held the number of projected Accessory Dwelling Units (ADUs) constant at 40 units, but redistributed the units among income groups to more closely match the RHNA targets.

This means the City should aspire to create 18 ADUs that are “affordable by design” to lower income (instead of 13), 15 ADUs that are “affordable by design” to moderate (instead of 8 units), and 7 ADUs that meet Above Moderate affordability criteria (instead of 19 units) (Program 6).

Increased the target for ADUs that could potentially be built by a nonprofit from four to seven —to align with Program 9 (Program 6.8)
Aligned the number of extremely low income households in Program 9 with the number of extremely low income ADUs (seven in both cases)
Increased home-sharing target from six persons to eight persons (Program 13) Increased fair housing target from three persons to five persons (Program 20) In its communication with the City, HCD noted that these edit aspirational targets and that it was not asking the City to change its ADU programs or introduce any new requirements.

There were also a few non-substantive edits made for internal consistency. A clean and redlined version of Chapter 6 are included as well as a table of findings from HCD.

FISCAL IMPACT:

The Housing Element is a planning document that establishes policies for the City of Rolling 39 Hills and will not have a direct fiscal impact on the City. Certification of the Element and adoption of the MND provides an indirect positive fiscal impact by reducing legal risks and qualifying the City for State planning grants. The City was awarded $65,000 from HCD through the Local Early Action Planning Grants Program (LEAP) to help fund the Housing Element.

Remaining costs are paid through the General Fund.

RECOMMENDATION:

Receive and file HCD's letter and accept the technical modifications to the 6th Cycle Housing Element.

ATTACHMENTS:

PL_GPN_HSG_221123_HCD_ComplianceLetter.pdf
PL_GPN_HSG_221121_Chapter6-GoalsPoliciesActions-CLEAN.pdf PL_GPN_HSG_221121_Chapter6-GoalsPoliciesActions-REDLINE-v3.pdf PL_GPN_HSG_221121_HCD_Comments.pdf
40 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 23, 2022
John F. Signo, Director
Planning & Community Services Department
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Dear John F. Signo
RE: Rolling Hills’ 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Rolling Hills’ (City) housing element adopted on September 26 and received for review on September 28, 2022, along with technical modifications authorized by Resolution Number 1309. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by conversations with you and your consultant, Barry Miller on November 21 and 22, 2022.

HCD is pleased to find the adopted housing element in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) The adopted element, along with technical modifications, addresses the statutory requirements described in HCD’s July 21, 2022 review.

Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program 2: Rancho Del Mar Opportunity Site Monitoring • Program 3: No Net Loss and Other Multi-Family Housing Opportunities • Program 6: Accessory Dwelling Unit (ADU)
• Program 13: Homesharing
• Program 14: Sewer Feasibility Studies
• Program 21: Fair Housing Outreach and Affirmative Marketing The City must monitor and report on the results of this and other programs through the annual progress report, required pursuant to Government Code section 65400. Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is 41 John F. Signo, Director

inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work from you and the City’s consultant, Barry Miller, provided in the housing element update. HCD also wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400.

If HCD can provide assistance in implementing the housing element, please contact Jose Jauregui, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
42 Housing Goals, Policies, Objectives, and Programs   Page 6‐1

6. Housing Goals, Policies, Objectives, and Programs
Chapter 6 provides the City’s housing plan for the next eight years. The plan has three components:
 A statement of the City’s goals and policies for housing. The goals and policies balance State mandates and Government Code requirements with local needs and priorities.  An action program. The action program identifies the specific, measurable steps the City will take during 2021-2029 to implement the policies.  Measurable objectives for housing production. These objectives correspond to the City’s Regional Housing Needs Allocation (RHNA) and also include numeric targets for housing rehabilitation and conservation.

6.1 Goals and Policies
The following goals and policies reflect the City’s continued commitment to actively support residential development and plan for the City’s fair share of regional housing needs:

GOAL 1: Provide housing opportunities which meet the needs of existing and future Rolling Hills' residents.

Policy 1.1: Accommodate Rolling Hills’ share of the region’s housing needs in a way that protects public safety, responds to infrastructure constraints and natural hazards, recognizes market conditions, and respects the historic context and land use pattern in the city.

Policy 1.2: Allow the development of a variety of housing types in the city, including multifamily housing. While Rolling Hills will remain a rural equestrian community, housing opportunities will be provided for all income groups as required by State law.

Policy 1.3: Facilitate development on the remaining vacant buildable lots in the city in a manner consistent with adopted zoning standards.

Policy 1.4: Allow Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in all residential zones. Maintain objective standards to ensure that ADUs and JADUs are compatible with the community; minimize visual, parking, traffic, and other impacts; and respect neighborhood context.

Policy 1.5: Explore incentives to create and maintain Accessory Dwelling Units that are affordable to low and very low income households.

Policy 1.6: Encourage the conversion of existing guest houses and other habitable accessory buildings into legal ADUs.

Policy 1.7: Work with other governmental entities and the non-profit community to support the development of affordable or senior housing on the Palos Verdes Peninsula 43 Housing Goals, Policies, Objectives, and Programs   Page 6‐2 and in nearby South Bay cities.

Policy 1.8: Maintain planning and building procedures that maximize efficiency and reduce permit processing times and high fees. Encourage public understanding of the planning and building processes to reduce project costs and delays.

GOAL 2: Maintain and enhance the quality of residential neighborhoods in Rolling Hills.

Policy 2.1: Encourage and facilitate the maintenance and improvement of existing homes.

Policy 2.2: Ensure that new housing and home improvements comply with building code and fire safety requirements.

Policy 2.3: Maintain a code enforcement program, including procedures to remediate violations.

Policy 2.4: Require the design of home improvements, additions, ADUs, and infill housing to minimize impacts on existing residences. Include objective standards in the zoning ordinance that protect visual quality, privacy, and community character.

Policy 2.5: Mitigate hazards that could potentially cause a loss of housing units in the city, including wildfires, landslides, and earthquakes. Encourage home hardening and defensible space to minimize the potential for housing loss during a natural disaster.

Policy 2.6 Prohibit the use of ADUs as short-term rentals in order to maintain their viability as permanent housing units.

Policy 2.7: Encourage weatherization, energy conservation, and renewable energy to increase energy efficiency and reduce home energy costs.

GOAL 3: Address the housing needs of older adults and others in the community with special housing needs.

Policy 3.1: Provide reference and referral services for seniors, such as in-home care and counseling for housing-related issues.

Policy 3.2: Support shared housing programs and room rentals as options for seniors to remain in the community without financial hardship.

Policy 3.3: Encourage housing opportunities for live-in care givers, domestic employees, and family members who may assist elderly or mobility-impaired residents who wish to age in place.

Policy 3.4: Consider participation in state and federal programs that assist lower income and senior households in home repair and maintenance.
44 Housing Goals, Policies, Objectives, and Programs   Page 6‐3 Policy 3.5: Strive to meet the needs of extremely low-income Rolling Hills residents, including seniors on fixed incomes.

Policy 3.6: Encourage the retrofitting of existing Rolling Hills homes so they are accessible to the disabled, including persons with developmental disabilities. Provide reasonable accommodations in rules, policies, practices, and procedures for disabled persons to ensure equal access to housing.

Policy 3.7: Participate in countywide programs to meet the needs of unsheltered residents and others who may need emergency housing assistance.

GOAL 4: Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, disability status, or national origin.

Policy 4.1: Affirmatively further fair housing by ensuring that housing opportunities for persons of all income levels, races and ethnicities, and physical abilities are available in Rolling Hills.

Policy 4.2: Enforce all applicable laws and policies pertaining to equal housing opportunity and discrimination. Maintain third party agreements to follow-up on and correct alleged violations.

Policy 4.3 Make information on fair housing laws available to residents and realtors in the City by providing information on the City’s website and print media at the City Hall public counter.

Policy 4.4: Ensure effective and informed community participation in local housing decisions.

This should include special efforts to include traditionally underrepresented groups, including persons working or providing services in Rolling Hills.

Policy 4.5: Distribute affordable housing opportunities around the city by focusing on ADUs as a housing strategy.

Policy 4.6: Participate in regional forums and initiatives to promote fair housing.

45 Housing Goals, Policies, Objectives, and Programs   Page 6‐4

6.2 Housing Implementation Plan, 2021-2029
The goals and policies set forth in the Housing Element will be implemented through a series of housing programs. Some of these programs are already underway and others will be implemented over the next eight years. This section of the Housing Element provides a brief description of each program, including measurable objectives, responsible entities, and implementation timeframes. Each of these programs has been developed consistent with HCD guidelines and State Government Code requirements.

Program 1: Annual Progress Report
As required by State law, the City will prepare and file an annual report on the progress made toward implementing its Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD). Guidance on the content of the report is provided by the State Office of Planning and Research. It documents the City’s progress toward meeting its share of regional housing needs and efforts to remove government constraints to housing production. The report must be presented to the City Council prior to its submittal (it may be approved as a consent item).

Quantified Objective: Provide one report per year
Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: File by April 1 of each year Program 2: Rancho Del Mar Opportunity Site Monitoring
In February 2021, the City adopted the Rancho Del Mar Overlay Zone on the 31-acre Rancho Del Mar (RDM) campus owned by the Palos Verdes Unified School District. As documented in Chapter 4 and Appendix B of this Housing Element, large parts of the RDM site are unimproved and vacant. The new zoning permits 16 affordable multi-family units on the site, which may be developed “by right” at a minimum density of 20 units per acre.

The City Manager will meet at least once annually with the School Superintendent to discuss the future of the site, including future development opportunities. Next steps to be pursued on the site include:
 Subdividing the site to create a separate parcel west of the PVPTA transit facility. This site could potentially be more easily marketed as a development opportunity than the 31- acre site as a whole.1
 Preparation of a “fact sheet” for the site, for review by the School Superintendent and School Board, highlighting the potential for multi-family housing  Further discussions with the School Board regarding opportunities for housing on the site.
 In collaboration with the School District, make information on the site (e.g., the “Fact Sheet”) available to affordable housing developers.

1 Subdivision is not required to develop the site—it can also be developed “as is.” However, subdivision could provide an incentive for future development during the planning period.
46 Housing Goals, Policies, Objectives, and Programs   Page 6‐5  Further discussions with non-profit developers regarding the opportunity to construct housing on the site, including technical assistance to developers where requested.  Consideration of permit streamlining, CEQA clearance, and fee reductions for future affordable housing development on the site. Multi-family housing is already permitted “by right” subject to objective design standards adopted in February 2021, but further steps could be taken to reduce future development costs.

Quantified Objectives: (1) 16 units of affordable housing on the RDM site (excludes density bonus, addressed in Program 3)
(2) Annual meeting between the City Manager and School
Superintendent
Funding Source: City General Fund
Responsible Agency: City Manager
Implementation Time Frame: (1) Meeting with School Superintendent by end of 2022 and once annually thereafter
(2) Preparation of site “fact sheet” for review by School District and School Board by June 2023
(3) Subdivision creating “western” parcel by end of 2024, subject to School Superintendent and Board approval
Program 3: No Net Loss Monitoring and Other Multi-Family Housing Opportunities
The City has identified adequate capacity to accommodate 45 units of housing, as required by the Regional Housing Needs Allocation. Sixteen of these units are on the Rancho Del Mar Site.

Five are new single family homes on vacant lots (three of which are already approved). The remainder are Accessory Dwelling Units. Rolling Hills will continue to maintain General Plan and zoning designations that facilitate development of the required number of units and will continue to comply with the Housing Accountability Act in the event projects are proposed. It will also affirmatively market lower-income housing opportunities to non-residents to achieve increased housing mobility in the region.

SB 166 (2017) requires that every city maintain “adequate sites” to accommodate its RHNA by income category at all times during the eight-year Housing Element period. If a designated housing opportunity site becomes unavailable, the city must demonstrate that it still has adequate capacity on its remaining sites (e.g., “no net loss”). In the event the Rancho Del Mar site becomes unavailable to produce the housing units envisioned by the overlay zone, the City would need another suitable site to accommodate those units.

Cities generally meet the no net loss mandate by providing one or more “buffer” sites in addition to their primary sites. These sites must meet HCD criteria, including the ability to accommodate 16 units at a density of at least 20 units per acre. As demonstrated in Chapter 4, due to the lack of sewer and the community’s natural hazards, Rolling Hills does not have a buffer site available. The City will continue to explore potential housing sites that could supplement the RDM site, particularly where sanitary sewer service could be made available in the future. The City will continue to rely on accessory dwelling units to meet the balance of its lower-income housing assignment, regardless.
47 Housing Goals, Policies, Objectives, and Programs   Page 6‐6 Quantified Objectives: (1) No net loss of housing capacity to meet RHNA at all times (2) Provide an 80% density bonus on the Rancho Del Mar site, enabling 29 units of new affordable housing instead of the 16 allowed by the base zoning.

Funding Source: City General Fund/ Permitting Fees
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Continuous through 2029
Program 4: Add Definitions of Transitional and Supportive Housing, Residential Care Facilities, and Employee Housing, to Municipal Code The City added these definitions during the first year of the planning period (August 2022) and the City now allows these housing types. It will continue to support diverse housing types in the future.

To comply with Government Code Section 65583(c)(3), the City of Rolling Hills was required to clarify that residential care facilities, transitional housing, and supportive housing are considered residential uses and are subject to the same restrictions that apply to the other residential uses that are allowed in a given zoning district. In other words, a single family home used as a group home for persons with disabilities is subject to the same planning and zoning requirements that apply to a single family home used by a traditional family. Most local governments have addressed this requirement by adding definitions to their zoning codes for transitional and supportive housing, as well as large and small residential care facilities.

The purpose of this program was to add those definitions to the Rolling Hills Municipal Code (Chapter 17). The definitions acknowledge that such housing is permitted in the same manner as other residential dwellings of the same type in the same zone as required by State law. The recent Code amendments also explicitly state that supportive housing shall be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses. The amendments ensure that no special requirements are placed on residential care facilities with seven or more occupants, as required by State law. Definitions of low barrier navigation centers also have been added to the Code and referenced in other zoning regulations, as required by State law.

This program also included a Municipal Code Amendment to add a definition for employee housing in accordance with the California Health and Safety Code (HSC). HSC Section 17021.5 states that employee housing providing accommodations for six or fewer people shall be deemed a single family structure with a residential land use designation. It further states that employee housing may not be considered a boarding house, rooming house, hotel, dormitory, or similar term that implies that such housing is a business run for profit or differs in any other way from a single family dwelling. State law precludes a city from requiring a conditional use permit, zoning variance or other zoning variance for such housing, and stipulates that the use of a single family dwelling for six of fewer employees does not constitute a change of occupancy for building code purposes. As of August 2022, the City fully complies with this requirement.

Quantified Objectives: Create local housing opportunities for at least six households employed in Rolling Hills (and currently living outside the city) during the planning period.

Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department/ City Attorney 48 Housing Goals, Policies, Objectives, and Programs   Page 6‐7 Implementation Time Frame: (1) Ordinance revisions completed in August 2022 (2) Opportunities for at least six individuals working in Rolling Hills and living elsewhere to reside in the community (in ADUs, guest houses, affordable units on the Rancho Del Mar site, etc.) by 2029 Program 5: Density Bonus Ordinance
This action was completed in August 2022.

Section 65915 of the California Government Code establishes mandatory statewide provisions for density bonuses for affordable and senior housing projects. Prior to August 2022, Rolling Hills did not currently have density bonus provisions in its Municipal Code. Historically, the City has not had multi-family housing, nor any site where multi-family housing could be constructed.

With the creation of the Rancho Del Mar Overlay Zone, a developer could request a density bonus and related concessions from a developer. State standards would apply in this instance.

The City has adopted provisions in its Municipal Code acknowledging the applicability of State density bonus laws in the event a request is received.

Quantified Objectives: Application of density bonus to future affordable rental housing on Rancho Del Mar Overlay site (up to 13 additional units, assuming 100% affordable project on the site)
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Ordinance Adopted in August 2022 Program 6: Accessory Dwelling Unit (ADU) Production, Monitoring, and Incentives
As noted in Chapter 4, the City intends to meet its Regional Housing Needs Allocation of 29 lower income units through a combination of affordable housing on the Rancho Del Mar site (16 units, before density bonuses) and privately constructed and rented ADUs on scattered sites throughout the city. At least 18 ADUs should meet affordability thresholds for low and very low income households.2 Creating opportunities for lower income households on scattered sites supports one of the main objectives of the State’s Affirmatively Further Fair Housing (AFFH) requirements, which is to avoid the concentration of lower income housing in a single location.

An ADU-centered strategy also responds to the lack of sanitary sewer, storm drainage, and public streets in Rolling Hills and the community’s rural densities and absence of supportive services.

As stated in Chapter 4, the City approved nine ADUs in 2021 alone, including two that are projected to be affordable to lower income households based on their small size. Thus, creating additional ADUs affordable to lower income households over the next eight years is an attainable goal. The Annual Housing Progress Report should address the City’s progress toward meeting this goal; if the City is falling short after two years, the strategy should be revisited and additional incentives should be developed.

Program 6 includes a number of specific elements, which are listed below:

2 Two ADUs meeting affordability criteria for low/very low are already under construction (see Table 4.1) 49 Housing Goals, Policies, Objectives, and Programs   Page 6‐8

6.1 Develop Citywide ADU Registry. The City developed an ADU registry in October 2021 and will expand it as new units are created. Currently, the registry (or data base) contains fields such as Address, Owner, month approved, square footage, and a description of each unit. This should be expanded to include information on whether the unit is occupied, the number of occupants, and the rent charged—this information would be requested from homeowners on a voluntary basis. Tracking occupancy and affordability is intended to determine how many units are serving very low- and low-income households, and to demonstrate that the City is meeting its RHNA.

6.2 Annual ADU Survey and Monitoring. The City will send an annual letter to households on the ADU roster requesting information on the status of the unit. The information will be used to prepare a summary that can be referenced as part of the City’s Annual Progress Report.

As part of this task, the City will also identify instances where very low or extremely low income households (including family members, domestic employees, caregivers, etc.) are residing on Rolling Hills properties and paying below market rent (or no rent). To the extent these households are occupying independent living quarters, this data provides evidence that the City is accommodating its RHNA target for very low income households.

As part of this effort, the City will also implement an annual monitoring program to ensure that the Housing Element targets for ADUs are being achieved. A determination of the City’s progress toward meeting its RHNA target for 2021-2029 shall be made once per year.

In the event the City is not on track to meet its target, it will consider alternative means of meeting its RHNA goals within six months of this determination. These could include additional ADU incentives, modifications to the affordable housing overlay zone, and other actions that would facilitate production of additional affordable units.

6.3 Develop Inventory of Potential ADUs. Over time, the City will develop a parcel data base of potential (or “unintended”) ADUs, which are existing habitable spaces that could potentially be converted into independent dwelling units. This would include guest houses, pool houses, and similar accessory structures that are used by the primary residence. As the inventory is completed, owners would be advised of the opportunity to convert the space into a legal ADU.

6.4 Incentives for ADU Construction. The City will develop incentives for ADU construction.

Different incentives may be developed for those building new homes (i.e., reduced fees for including an ADU in a new residence), those adding a new ADU on their property, and those converting existing habitable floor space into an ADU. In accordance with California Health and Safety Code (HSC), Section 65583(c)(7) (effective January 1, 2021), the City will explore the use of State CalHome, LEAP, REAP, and SB 2 funding to help local homeowners build or finance ADUs on their properties. Access to these funds typically requires rents that are affordable to low and very low-income households.

6.5 Pre-Approved ADU Plans. The City will determine its eligibility for State grant funding to develop “pre-approved” plans for ADUs that can be used by Rolling Hills residents. These architect-developed plans would be specifically tailored to meet the RHCA design guidelines and would respond to the topography and access constraints found on most Rolling Hills lots. Enabling homeowners to use pre-approved plans may reduce architectural design costs, and potentially reduce construction costs. This can make ADUs more feasible and allow them to be rented more affordably.
50 Housing Goals, Policies, Objectives, and Programs   Page 6‐9

6.6 Coordination with RHCA. The City will coordinate with the Rolling Hills Community Association to ensure that RHCA’s design review practices and procedures do not constrain ADU construction or add to their costs. City staff will meet with RHCA staff and the RHCA Architectural Committee regularly to coordinate review, advise RHCA of State laws relating to ADUs, and address any issues that may arise in the future. The City will also work with the Rolling Hills Community Association to explore reduction of annual HOA fees for property owners agreeing to limit rents on their ADUs.

6.7 Septic Tank Replacement Grants or Financial Assistance. The City will pursue funding for a grant which can be used to assist homeowners with septic tank replacement when paired with the addition of an ADU. The grants would be targeted to lower income households and seniors who may seek to add an ADU but lack the financial resources to replace their septic tanks.

6.8 Non-Profit Construction of ADUs. The City will explore the possibility of engaging a nonprofit housing developer in a program to develop ADUs in partnership with interested Rolling Hills property owners. Participation could be limited to qualifying lower income residents, or to homeowners who agree to limit rents to levels that are affordable to lower income households. Such a program was successfully implemented by the City of Santa Cruz, in collaboration with Habitat for Humanity, and could be considered locally.

6.9 Monitor Best Practices in ADUs. The City will continue to track statewide and national trends in ADU management, incentives, and regulations. The focus will be on cities in California that are comparable to Rolling Hills in density, character, and constraints, with an eye toward cities that are relying on ADUs to meet a substantial share of their RHNA for lower income households. Programs that are potentially transferable to Rolling Hills will be considered for local implementation. The City is currently working with the South Bay Cities Council of Governments on an ADU research study, including a state-funded “ADU Acceleration Project” to explore ways to promote ADUs in southern LA County cities.

6.10 Update Municipal Code Provisions for ADUs. This action was completed in August 2022. The City has updated its ADU ordinance to reflect changes to State law made since the last revision to the ordinance in February 2020. This included eliminating references to a maximum bedroom count in an ADU and including provisions for complete applications to be deemed approved if they are not acted upon within 60 days.

6.11 Outreach to ADU Permit Recipients. The City will monitor ADU approvals, including sixmonth “check-ins” with all applicants receiving ADU permits until the units are completed.

These check-ins will include status updates on the projects, including whether a building permit has been issued and what progress is being made. In the event an applicant chooses not to follow through on an approved ADU, staff will make an effort to document the reasons and evaluate any changes that might be made to the City’s ADU program to improve completion rates. This information should be part of the City’s annual housing progress report.

In addition to the specific measures listed above, City staff will continue to assist homeowners who are interested in adding an ADU, and will work with applicants to facilitate ADU review, permitting, and approval.
51 Housing Goals, Policies, Objectives, and Programs   Page 6‐10 Quantified Objectives: (1) Citywide ADU registry of 40 ADUs by 2029, including at least 18 ADUs rented at levels meeting affordability criteria for lower income households
(2) ADU Survey, administered once a year
(3) Inventory of potential ADUs
(4) ADU Incentives
(5) Two to four pre-approved ADU architectural plans
(6) Municipal Code Revisions (see 6.10 above) -- Completed (7) 100% completion of ADUs receiving permits
(8) Seven ADUs/guest houses constructed by non-profits by 2029 (see 6.8 above and Program 9 below)
Funding Source: City General Fund/ State grants
Responsible Agency: Planning and Community Services Department/ City Attorney Implementation Time Frame: (1) Rosters and Surveys prepared by 2022 and updated annually (2) ADU incentives by 2023
(3) Approved architectural plans by 2024, or as funding allows (4) Amend Municipal Code Chapter 17.28 (Accessory Dwelling Units) for consistency with State law by August 2022 (this action has been completed)
(5) Establish protocol for 6-month check-ins with ADU permit recipients by January 1, 2023
(6) Annual monitoring report on ADU production
52 Housing Goals, Policies, Objectives, and Programs   Page 6‐11 Program 7: Accessory Dwelling Unit (ADU) Outreach, Education, and Information Program 7 addresses public outreach, education, and information on ADUs. Like Program 6, it has multiple elements.

7.1 Biennial Mailing. The City will send or help coordinate a mailing to all households in Rolling Hills at least once every two years advising them of the opportunity to create an ADU, the potential benefits of having an ADU, and potential incentives in the event the ADU will be occupied by a household worker, caregiver, family member, or other household meeting the definition of a low or very low income household. The mailing may consist of an article in the City’s monthly newsletter, or could be included as a component of the South Bay Cities COG efforts to encourage ADU production. The City is one of 15 cities participating in this program.

7.2 Website. The City will develop a landing page on its website with information on ADU opportunities (“Thinking about building an ADU?”). The website landing page will include information on the types of ADUs an owner may consider (detached, attached, junior, etc.), the typical cost and cost considerations, financing options, tax implications, development standards, tenant selection, and so on. The information should also be provided in printed form for interested homeowners.

7.3 RHCA Design Guidelines Update. The City will work with the Rolling Hills Community Association to facilitate an update of the RHCA Design Guidelines so that they address ADUs. Currently, the Guidelines do not acknowledge ADUs at all. The Update would provide objective design standards for ADUs that are consistent with Rolling Hills zoning standards as well as the design guidelines that currently apply.

Quantified Objectives: (1) Outreach mailer to 639 households (at least once every 2 years)
(2) Creation of 40 new ADUs by 2029 (5 per year)
Funding Source: City General Fund, State grants
Responsible Agency: Planning and Community Services Department Implementation Time Frame: (1) First mailing by March 2023 (2) Website update by June 2023
(3) Update of design guidelines by 2024
53 Housing Goals, Policies, Objectives, and Programs   Page 6‐12 Program 8: Assist Senior and Disabled Households
The City will continue to address the housing needs of seniors and persons with disabilities by connecting those in need with social service agencies, non-profits, volunteer organizations, and other service providers, and by coordinating with the RHCA in the services and programs it provides. As noted in the Needs Assessment, more than one-third of the city’s residents are over 65 and about 10 percent have one or more disabilities. The City will work with seniors, especially those on fixed incomes, to evaluate housing needs and resources. Within 18 months of Housing Element adoption, the City Council will convene a study session jointly with the RHCA Needs of Seniors Committee and at least one local non-profit serving seniors (such as Peninsula Seniors) to discuss the needs of Rolling Hills seniors and potential programs to address these needs.

Several of the programs listed elsewhere in this Element (shared housing, assistance with home maintenance, reduced utility rates, etc.) are primarily intended to benefit lower income seniors.

The City also will support expanded opportunities for persons with disabilities, including the use of universal design principles and accessibility standards in new construction and ADUs. As part of this program, Rolling Hills will also work with the Harbor Regional Center to implement outreach services to Rolling Hills families on services available to persons with developmental disabilities. The City’s website will be updated to include links to housing and supportive services for seniors and disabled persons.

Quantified Objectives: Website landing page with senior housing resources Facilitate age-in-place retrofits for 10 senior households City Council study session on needs of seniors and potential actions to assist Rolling Hills seniors
Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department/ City Manager Implementation Time Frame: June 2023 (for website)
Council Study Session before December 2023
Program 9: Assist Extremely Low-Income Households
Extremely Low Income (ELI) households have incomes that 30 percent or less of the County median. In 2021, the income thresholds for ELI were $24,850 for a household of one; $28,400 for a household of two; $31,950 for a household of three; and $34,450 for a household of four.

Based on CHAS data, there are 25 ELI households in Rolling Hills, representing about 3.5 percent of the city’s households. The CHAS data indicated that all 25 of these households were homeowners, suggesting they are primarily seniors on fixed incomes. The City will explore ways to assist Rolling Hills homeowners on fixed incomes with home maintenance, repair, and retrofit activities. It will also direct these households to appropriate resources, such as shared housing services and programs to reduce utility costs.

There are additional ELI households in Rolling Hills that may not be counted in the Census data, including extended family members living in independent quarters on a property, or domestic employees (housekeepers, au pairs, personal assistants, etc.) living in guest houses, accessory buildings, or in separate quarters within the primary residence. The City will address the needs 54 Housing Goals, Policies, Objectives, and Programs   Page 6‐13 of these households by prioritizing applications for ADUs and encouraging homeowners to create opportunities for domestic employees and family members to live “on site.” A study sponsored by SCAG in 2020 determined that 15 percent of the ADUs in the coastal Los Angeles area were likely to be available at rents affordable to Extremely Low Income Households.3 A 2018 study further found that 17% of the ADUs in Portland, Seattle, and Vancouver were occupied by a friend or family member for free.4 A 2014 study found that 18% of the ADUs in Portland were occupied for free or extremely low cost.5 A 2012 UC Berkeley publication indicates that up to half of all ADUs are occupied at no cost.6 Based on these analyses, the City is estimating that seven “rent free” or extremely low income rentals will be added to the Rolling Hills housing stock by 2029. It will seek to document and measure progress toward this objective by soliciting voluntary reporting of such units by individual homeowners. As noted in Program 6.2, an annual survey is proposed to be administered to all registered ADU owners in the city. This would enable tracking of rent-free or reduced rent ADUs.

Quantified Objectives: Provide seven housing units affordable to Extremely Low Income Funding Source: City General Fund/ Permitting Fees
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Prepare inventory of Extremely Low Income (ELI) units by 2024, update annually
Facilitate housing assistance to at least seven ELI homeowners by 2029
Program 10: Support Regional Efforts to End Homelessness Extremely low-income persons also include those who are homeless or may be at risk of becoming homeless. Although the point-in-time surveys for the last five years have not counted any homeless residents in Rolling Hills, the City recognizes that homelessness is a regional problem that requires regional solutions. Rolling Hills will continue to allow emergency shelters and single room occupancy hotels in the Rancho Del Mar Overlay Zone and will monitor the effectiveness of its regulations in its Annual Housing Progress Report.

The City will continue to work with adjacent communities on emergency shelter referrals. As a member of SCAG and the South Bay Cities COG, staff and elected officials participate in forums and discussions of homelessness, and potential programs and resources to end homelessness and increase the supply of shelter, transitional, and supportive housing in Greater Los Angeles.

3 SCAG Regional Accessory Dwelling Unit Affordability Analysis, 2020 4 Jumpstarting the Market for ADUs. Terner Center (for ULI), San Francisco, 2018 5 ADUs in Portland OR. Environmental Solutions Management, 2014 6 Scaling Up Secondary Unit Production in the East Bay. Berkeley Institute of Regional Development, 2012 55 Housing Goals, Policies, Objectives, and Programs   Page 6‐14 Quantified Objectives: Participation in point in time surveys; participation in at least one regional meeting annually on strategies to end homelessness Funding Source: City General Fund/ Permitting Fees
Responsible Agency: Planning and Community Services Department/ City Manager Implementation Time Frame: Ongoing, 2021 through 2029
Program 11: Permit Streamlining
The City will continue its efforts to expedite permit processing, ensure efficiency, and reduce administrative and processing costs for new development. This could include provisions for reduced fees for ADUs that are rented at below market levels, or occupied by qualifying lower income households. As part of the annual budgeting process, the City will ensure that fees are appropriate for the services provided, and will consider ways to improve the permitting and entitlement processes.

This program includes working with LA County Building and Safety to receive periodic updates on the status of active building permits in Rolling Hills. While this data is available on-line through the County’s website, it is not consistently updated or made available in a format that allows the City to easily track the status of entitled projects. The City will use this data to identify approved housing units (including ADUs) that have been entitled but not yet constructed so that it may follow up with owners in the event of permitting delays.

Quantified Objectives: Compliance with all provisions of the Permit Streamlining Act Funding Source: City General Fund/ Permitting Fees
Responsible Agency: City Manager/ Finance Director/ Planning and Community Services Department/ LA County Building and Safety
Implementation Time Frame: Ongoing, 2021 through 2029
Program 12: Facilitate Communication with Affordable Housing Service Providers, Developers, and Advocates
The City of Rolling Hills periodically receives requests from housing advocates, non-profit developers, and service providers to disseminate information on affordable housing needs and opportunities and work collaboratively to address housing issues. City planning staff regularly field requests from for-profit and non-profit developers, participate in regional housing meetings and discussions, and work with other cities to explore creative, effective ways to meet housing needs. In the event a non-profit agency or developer wishes to submit a grant application that will increase housing affordability for senior or low-income Rolling Hills residents, staff will provide administrative support wherever possible.

Quantified Objective: Hold at least one meeting a year with one or more non-profit housing sponsors to discuss housing opportunities and needs in Rolling Hills
See also Programs 8, 13, and 15
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Convene one meeting before December 2022. Convene additional meetings at least once a year from 2023 to 2029.

Program 13: Home Sharing
56 Housing Goals, Policies, Objectives, and Programs   Page 6‐15 Shared housing enables homeowners to offset their housing costs by receiving rent, or get additional help in managing housing duties. It also creates a resource for lower income households in the community, including college-aged students and young adults, caregivers, domestic workers, landscapers and building industry workers, child care workers, teachers, and other public service employees. It can also be a resource for seniors, some of whom may no longer wish to live alone or lack the financial resources to live alone.

Residents in Rolling Hills have access to two nearby home sharing programs: Focal Point at the South Bay Senior Services Center in Torrance and the Anderson Senior Center in San Pedro.

Both these centers offer resources to assist seniors locate roommates interested in sharing housing. These programs make roommate matches between seniors based on telephone requests.

Numerous other home sharing services have emerged over the last decade. These include SHARE! Collaborative Housing, a public-private partnership supporting shared single family housing for persons with disabilities in Los Angeles County; Affordable Living for the Aging, which matches younger single tenants with seniors in Los Angeles County; and Los Angeles County HomeShare, which serves residents of all ages throughout the County. There are also private services such as Silverleaf (Long Beach) that facilitate home sharing for a fee.

The City will continue to apprise residents about shared housing programs by providing information at the public counter and online, including an article in the City Newsletter in 2023. It will also proactively meet with at least one non-profit home-sharing service provider in 2023 to discuss opportunities in Rolling Hills.

Quantified Objectives: Continue to provide informational brochures advertising shared housing programs at City Hall and on the City’s website At least eight non-resident households participating in a non-profit managed home sharing program enabling them to reside in Rolling Hills by 2029
Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Provide article and meet with home sharing service in 2023 57 Housing Goals, Policies, Objectives, and Programs   Page 6‐16 Program 14: Sewer Feasibility Studies and Phase One Construction As indicated in Section 5.3.5 of this Housing Element, Rolling Hills does not have a sanitary sewer system. With a few exceptions, the entire city is served by private septic systems. Septic system installation is costly and requires customized design to reflect steep terrain. The cost of installing sanitary sewers and storm drains would be even more costly, as it would likely require easements, force mains, and lift stations.

The City recently completed design drawings for a sanitary sewer extension through adjacent Rolling Hills Estates that will bring service to Rolling Hills City Hall and the Tennis Courts. A future phase of this project could continue southward along Portuguese Bend Road, allowing some Rolling Hills homes and a number of vacant properties to be served by sewer. A survey done by the City in 2021 indicated there was strong support for a sewer extension project, contingent on the cost to each homeowner. There is currently no funding source for such an extension. Grant funding would be required, as it would reduce the cost burden on homeowners and make the project more feasible.

The City will continue to work toward addressing this constraint during the 2021-29 planning period. This includes:
 Developing the initial phase of the project, serving City Hall and the Tennis Courts  Conducting feasibility and cost studies for a future phase to serve privately owned homes and parcels in the northern part of Rolling Hills  Pursuing funding for future phases
 Continuing to poll Rolling Hills residents on their level of support for the project In addition, the City continues to monitor water quality issues related to its MS 4 permit for stormwater discharge. Efforts to address runoff quality and implement best management practices to reduce pollution are ongoing and will continue.

Quantified Objective: (1) Complete 1,585-foot sanitary sewer extension to City Hall/ Tennis Courts (Phase I)
(2) Complete feasibility / cost study of sanitary sewer extension (3) Obtain grants for Phase I project construction
(4) Updated “Will Serve” letter from the Los Angeles County Sanitation District, indicating ability to accept effluent from 235 existing homes upon completion of future phase sewer system Funding Source: General Fund/ State grants
Responsible Agency: City Manager
Implementation Time Frame: Complete Phase I by 2024
Determine viability of future phases and available grants by 2023

58 Housing Goals, Policies, Objectives, and Programs   Page 6‐17 Program 15: Pursue Grants for Minor Home Repair Program At least once every two years, the City should re-evaluate the feasibility of joining the Los Angeles Urban County CDBG program in order to create a funding source for home improvements for qualifying lower income Rolling Hills residents. In the event the City finds that the amount of funding it will receive exceeds the costs of administering the program (including staffing and reporting requirements), the City will participate in the program. Available funds will be used to improve housing conditions for lower income or senior Rolling Hills residents, including:
 Grants for minor home repair and rehabilitation projects, including electrical, plumbing, and heating repairs; health and safety improvements; and energy efficiency improvements;
 Grants to facilitate “aging in place” for lower income seniors and residents with disabilities;
 Grants for septic system repair for lower income homeowners seeking to add an ADU If the City determines that CDBG participation is not viable, it will pursue other funding sources that could support a similar grant program for lower-income Rolling Hills homeowners. This could include administration of home repair grants by another entity (such as South Bay Cities COG) or a local non-profit.

Quantified Objectives: Minor home repair/ age-in-place/ septic tank replacement assistance to at least ten lower-income or senior Rolling Hills households
Funding Source: LA Urban County CDBG Program/ State grants Responsible Agency: City Manager/ Finance Director
Implementation Time Frame: By 2023, and every two years thereafter Program 16: Code Enforcement
The City will continue code enforcement and nuisance abatement activities to ensure the safety and habitability of housing in Rolling Hills. While property maintenance in Rolling Hills is excellent, there is a need for ongoing enforcement of planning and building codes. The City has a “Code Enforcement” webpage with online forms for reporting suspected violations, including those relating to vegetation management and outdoor lighting as well as unpermitted construction or nuisances. Periodic information on code enforcement resources and requirements is also provided to residents through the City’s monthly newsletter.

Quantified Objective: Respond to 100 percent of resident Code Enforcement inquiries Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Ongoing, 2021-2029
59 Housing Goals, Policies, Objectives, and Programs   Page 6‐18 Program 17: Reduce Home Energy Costs
Energy bills can be a significant cost burden, particularly for households on fixed incomes with large homes to heat and cool. The City has adopted the Green Building Code and enforces Title 24 energy efficiency requirements through its contract with the Los Angeles County Department of Building and Safety. New residential projects, including new homes, ADUs, renovations, and additions, will continue to be required to meet Title 24 standards. These requirements result in energy savings which reduce gas and electric consumption and home utility bills.

Rolling Hills also works with Southern California Edison to distribute information to residents on energy conservation and weatherization, including information on financial assistance and lower utility rates for low-income customers. The City will provide links on its website to assist lower income residents in accessing information on reduced utility rates. Rolling Hills is also a member of the South Bay Environmental Services Center, which provides information on energy incentives, audits and rebates. These programs will continue in the future.

The City will also support resident installation of solar energy systems. A growing number of Rolling Hills homeowners have installed photovoltaic panels, increasing energy independence and resilience while reducing home energy costs.

Quantified Objective: (1) Provide links on City website related to energy conservation, weatherization, and financial assistance
(2) Adopt updated Building Code standards for energy efficiency Funding Source: General Fund, LIHEAP
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Website Update, with links: Complete by January 2023 Program 18: Facilitate New Construction and Home Improvements The City will continue to work with property owners, architects, and builders to enable new housing to be built in the City. Continued cooperation and communication between City staff, applicants, and neighbors will facilitate the construction of new housing. The City is committed to efficient planning, building, and inspection procedures, and regularly seeks ways to improve the process and reduce delays.

With few vacant lots remaining, most construction projects in Rolling Hills consist of home additions, repairs and modernization, or replacement of existing dwellings. Continued investment in Rolling Hills housing stock is strongly encouraged and will continue to be supported in the future. Although the City does not provide direct financial assistance to lower income homeowners, it assists owners in keeping costs down through permit streamlining and fees that are generally below average compared to other cities in Los Angeles County.

Quantified Objective: 5 new single family homes (above moderate income) Funding Source: Private Funds (Permitting Fees)
Responsible Agency: Planning and Community Services Department, LA County Building and Safety
Implementation Time Frame: Objective covers the period from 2021 through 2029 60 Housing Goals, Policies, Objectives, and Programs   Page 6‐19 Program 19: Remediate Geologic Hazards
The City will continue to explore solutions to ground stability and landslide problems. Grading, new structures and additions typically require a soils and geology report along with grading and building permits. The City has developed strict grading practices that limit grading to no more than 40 percent of the lot and require maintenance of natural slopes. These practices are necessary to safeguard the public against ground instability.

The City will support repair work on landslide-damaged homes and hillsides that have been damaged or compromised by past landslides. The City will strive to avoid further loss of its housing stock as a result of natural disasters, including landslides and wildfires.

Quantified Objective: Geologic studies for new development and major grading permits Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department/ City Manager Implementation Time Frame: On-going, 2021 to 2029
Program 20: Fair Housing Services Program Administration The City will complete a Fair Housing Outreach and Enforcement Options Memorandum to determine options for ensuring that existing and prospective residents have access to fair housing services, and that property owners are apprised of Fair Housing laws and practices.

This could include an agreement with a third party fair housing services provider to promote and affirmatively further fair housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, or other characteristics protected by state and federal fair housing law. Other alternatives for outreach, education, and enforcement also may be considered. Based on the findings of the Memorandum, the City will implement Fair Housing measures, including Programs 21 and 22 described below.

Quantified Objective: At least five households assisted Funding Source: General Fund
Responsible Agency: City Manager
Implementation Time Frame: Complete memorandum by June 2023 61 Housing Goals, Policies, Objectives, and Programs   Page 6‐20 Program 21: Fair Housing Outreach and Affirmative Marketing The City will provide information on fair housing resources on its website, including links to fair housing services. Other outreach measures to be implemented include posting regulations regarding housing discrimination, as well as phone contacts, at City Hall and periodically providing this information in the City’s newsletter.

The City will also provide a referral process for any person who believes they have been denied access to housing because of their race, sex, marital status, ancestry, national origin, color, familial status or disability. In the event a complaint is received, the City will refer the party to a fair housing service provider for follow up and work with the complainant to resolve the issue.

In addition, the City will affirmatively market future housing opportunities in the city by:
 Requiring an affirmative marketing plan for any affordable multi-family development created in the Rancho Del Mar Overlay Zone. Such a plan would be prepared by the project’s developers and would ensure that future units are marketed to attract occupants who are demographically diverse, including lower-income households in other parts of the South Bay and Los Angeles County.
 Developing materials for Rolling Hills residents who may be seeking tenants for their ADUs, which will be provided to ADU applicants at the time they apply for a building permit or ADU permit. These affirmative marketing materials will include contact information for housing service providers and non-profit housing organizations that serve lower-income tenants in the surrounding region. Interested residents can use these materials to find prospective tenants in a larger market area than the Palos Verdes Peninsula, including residents of all races, ethnicities, ages, and abilities.

Quantified Objective:
(1) At least 50% of future occupants of affordable
housing created on the RDMO site are from outside
Rolling Hills.
(2) At least 50% of future ADU occupants are from
outside Rolling Hills (to be measured through the ADU
survey described in Program 6.2)
Funding Source: General Fund
Responsible Agency: City Manager, Planning and Community Services Director Implementation Time Frame: Ongoing, 2021-2029. Website update by December 2022. 62 Housing Goals, Policies, Objectives, and Programs   Page 6‐21 Program 22: Fair Housing Training for Staff
At least one City staff member will attend an on-line fair housing certification training class on an annual basis. These classes are typically three-hour sessions in which participants are informed and educated about federal and California fair housing laws, compliance, and illegal housing practices. The trainings cover prohibited and best practices, including language guidance for advertising housing for sale or for rent, and protected classes under federal and California law.

In addition, the City will regularly evaluate the need for multi-lingual services, including translation of material on its website into other languages. It will also continue to implement its reasonable accommodations ordinance and monitor data on persons with disabilities in the city to ensure that barriers to mobility are eliminated to the greatest extent possible.

Quantified Objective: (1) At least one Rolling Hills staff member participates in online Fair Housing training each year through 2029 (2) At least one presentation on fair housing is delivered to the City Council in a noticed public hearing, attended by at least 10 residents
Funding Source: General Fund
Responsible Agency: City Manager
Implementation Time Frame: 2023
Program 23: Written Procedures for SB 35 Projects
As required by State law, the City will prepare written procedures and application materials for projects seeking to use SB 35. Affordable multi-family housing development on the Rancho Del Mar site would be potentially eligible. The procedures would follow the provisions established by the Affordable Housing Overlay Zone, and include the objective standards and application procedures identified when that zone was adopted. Once completed, the information will be included as a PDF link on the Planning and Community Services Department website for easy access.

Quantified Objective: Posted information on SB 35, including application form
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Complete by December 31, 2022 63 Housing Goals, Policies, Objectives, and Programs   Page 6‐22 Program 24: Updating of Linked Files on Planning and Community Services Department Landing Page
AB 1483 requires that every city post current information on fees, zoning standards, design guidelines, processes and procedures, nexus studies and other pertinent information on its website. Although Rolling Hills complies with this requirement today, reorganization of the material could provide greater clarity and easier access to this information. For example, the website could include a link to the RHCA design guidelines, as well as updated flow charts and graphics showing approval processes. As noted under Program 7.2, the website also should include dedicated information about Accessory Dwelling Units (ADUs) and the steps residents can take to add an ADU on their property.

Quantified Objective: Reorganized and updated Planning and Community Services Department website
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Complete by December 31, 2023

64 Housing Goals, Policies, Objectives, and Programs   Page 6‐23

6.3 Summary of 2021-2029 Quantified Objectives
Table 6.1 provides quantified objectives for housing construction, rehabilitation, and conservation by income group. The new construction objectives align with the RHNA numbers that appear earlier in the Housing Element. The rehabilitation objective aims to assist 10 very low-income or senior households over the eight-year period. The conservation and preservation objectives correspond to the approximate number of households in Rolling Hills by income group based on Census data. The objectives aim to preserve housing for 100 percent of these households. There are no housing units in Rolling Hills that are at risk of conversion from affordable to market-rate.

Table 6.1: Quantified Objectives by Income Group for Rolling Hills (2021-2029) Income Category
New
Construction Rehabilitation
Conservation/
Preservation
Extremely Low [1] 7 5 25
Very Low [2] 13 5 45
Low [2] 9 45
Moderate 11 25
Above Moderate 5 500
Total Housing Units 45 10 640
Source: SCAG Adopted Regional Housing Needs Determinations (November 2012) [1] City’s RHNA for “Very Low” income is 20 units. This has been allocated proportionally to “Extremely Low” and “Very Low” based on Table 3.8, which indicates the current proportion of “Very Low” income households in these two groups.

Extremely low income households represent 35% of the “very low” total. [2] The new construction objectives shown in Table 6-1 correspond to the City’s total RHNA. In addition to these units, the City is aiming to exceed the low- and very low-income targets shown here through a density bonus on the Rancho Del Mar site and the construction of ADUs beyond those shown in the table. Distribution of 40 ADUs by income is estimated at 18 lower income units, 15 moderate-income units, and 7 above moderate-income units.

Table 6.2 summarizes the 24 Housing Element programs listed in this chapter. It includes a quantified objective and timeframe for each program, as presented above.

65 Housing Goals, Policies, Objectives, and Programs   Page 6‐24 Table 6.2: Housing Element Action Plan Summary
# Program Timing Quantified Objective
1 Prepare Annual Progress Report on
Housing Element implementation
Annually, by April 1 One Report per year
2 Facilitate affordable housing on Rancho
Del Mar Housing Opportunity site
 Annual meeting with
School Superintendent
 Subdivision by 2024
16 lower-income units by
2029
3 No net loss monitoring/ other housing
opportunities
Continuous, through
2029. Address in
Annual Report.
 No net loss of housing
capacity for duration of
planning period
 13 affordable density
bonus units on Rancho
Del Mar site (29 total)
4 Add definitions of transitional,
supportive, employee housing and
residential care facilities to Municipal
Code
August 2022  Council action adopting
definitions and
identification of
permitted uses
(COMPLETED)
 Opportunities for 6 nonresidents employed in
city to reside in Rolling
Hills (in ADUs, etc.)
5 Adopt density bonus provisions in
Municipal Code
August 2022  Council action adopting
density bonus
provisions
(COMPLETED).
 13 density bonus units
by 2029 (on Rancho
Del Mar site)
6 Accessory Dwelling Unit production,
monitoring, and production
 Updated ADU
ordinance by August
2022
 ADU Roster in 2021
 Annual ADU survey,
starting in 2022
 Pre-approved plans in
2024
 ADU incentives in
2023
 Annual monitoring
program (2023)
40 ADUs by 2029,
including at least 18 ADUs
affordable to lower income
households
7 Accessory Dwelling Unit Outreach,
Education, and Information
 First biennial mailing
by end of 2022
 Website update by
6/23
 Update of design
guidelines by 2024
 Outreach mailer to 639
households
 ADU website landing
page
 ADU section added to
RHCA Guidelines
# Program Timing Quantified Objective
66 Housing Goals, Policies, Objectives, and Programs   Page 6‐25 8 Assist senior and disabled households  Website update by 6/23
 Housing assistance
during 2021-2029
Assist 10 lower income or
senior households with
age in place retrofits
9 Assist extremely low income households  Prepare inventory of ELI units by 2024
7 ADUs affordable to ELI
households
10 Support regional efforts to end
homelessness
Ongoing  Participate in point-intime surveys
 Attend one mtg a year
11 Permit streamlining Ongoing Compliance with Permit
Streamlining Act
12 Facilitate communication with affordable
housing service providers, developers,
and advocates
By December 2022  Convene at least one
meeting a year
 See Programs 8, 13, 15
13 Home Sharing By December 2022  Provide information on website, plus print media
resources
 Eight shared housing
arrangements
14 Sewer feasibility studies and Phase I
construction
Phase I construction
(serving City Hall) by
2024
 Sewer extension to City
Hall/ Tennis Courts
 Feasibility study for
sewer extension
 “Will serve” letter for 235
existing homes
15 Consider participation in Urban County
CBDG Program
By 2023 Minor home repair/septic
tank replacement
assistance to 10 lower
income or senior
households
16 Code enforcement Ongoing 100% follow up
17 Reduce home energy costs By 2023 Website update
18 Facilitate new construction and home
improvements
Ongoing 5 market-rate single family
homes (including 3 already
approved)
19 Remediate geologic hazards Ongoing Geologic studies for new development
20 Fair housing program administration Develop fair housing compliance program by
December 2022
Assist five households

67 Housing Goals, Policies, Objectives, and Programs   Page 6‐26 # Program Timing Quantified Objective
21 Fair housing outreach and affirmative
marketing
Website update by
December 2022
 At least 50% of future
occupants of affordable
housing created on the
RDMO site are from
outside Rolling Hills
 At least 50% of future
ADU occupants are from
outside Rolling Hills
22 Fair housing training for City staff Initiate in 2022  Training for one staff member annually
 Noticed presentation to
City Council attended
by at least 10 residents
23 Prepare written instructions for SB 35
applications
Complete by December
31, 2022
Guidance memo and
application form
24 Update Planning and Community
Services website
Complete by December
31, 2023
Updated website
68 Housing Goals, Policies, Objectives, and Programs   Page 6‐1

6. Housing Goals, Policies, Objectives, and Programs
Chapter 6 provides the City’s housing plan for the next eight years. The plan has three components:
 A statement of the City’s goals and policies for housing. The goals and policies balance State mandates and Government Code requirements with local needs and priorities.  An action program. The action program identifies the specific, measurable steps the City will take during 2021-2029 to implement the policies.  Measurable objectives for housing production. These objectives correspond to the City’s Regional Housing Needs Allocation (RHNA) and also include numeric targets for housing rehabilitation and conservation.

6.1 Goals and Policies
The following goals and policies reflect the City’s continued commitment to actively support residential development and plan for the City’s fair share of regional housing needs:

GOAL 1: Provide housing opportunities which meet the needs of existing and future Rolling Hills' residents.

Policy 1.1: Accommodate Rolling Hills’ share of the region’s housing needs in a way that protects public safety, responds to infrastructure constraints and natural hazards, recognizes market conditions, and respects the historic context and land use pattern in the city.

Policy 1.2: Allow the development of a variety of housing types in the city, including multifamily housing. While Rolling Hills will remain a rural equestrian community, housing opportunities will be provided for all income groups as required by State law.

Policy 1.3: Facilitate development on the remaining vacant buildable lots in the city in a manner consistent with adopted zoning standards.

Policy 1.4: Allow Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in all residential zones. Maintain objective standards to ensure that ADUs and JADUs are compatible with the community; minimize visual, parking, traffic, and other impacts; and respect neighborhood context.

Policy 1.5: Explore incentives to create and maintain Accessory Dwelling Units that are affordable to low and very low income households.

Policy 1.6: Encourage the conversion of existing guest houses and other habitable accessory buildings into legal ADUs.

Policy 1.7: Work with other governmental entities and the non-profit community to support the development of affordable or senior housing on the Palos Verdes Peninsula 69 Housing Goals, Policies, Objectives, and Programs   Page 6‐2 and in nearby South Bay cities.

Policy 1.8: Maintain planning and building procedures that maximize efficiency and reduce permit processing times and high fees. Encourage public understanding of the planning and building processes to reduce project costs and delays.

GOAL 2: Maintain and enhance the quality of residential neighborhoods in Rolling Hills.

Policy 2.1: Encourage and facilitate the maintenance and improvement of existing homes.

Policy 2.2: Ensure that new housing and home improvements comply with building code and fire safety requirements.

Policy 2.3: Maintain a code enforcement program, including procedures to remediate violations.

Policy 2.4: Require the design of home improvements, additions, ADUs, and infill housing to minimize impacts on existing residences. Include objective standards in the zoning ordinance that protect visual quality, privacy, and community character.

Policy 2.5: Mitigate hazards that could potentially cause a loss of housing units in the city, including wildfires, landslides, and earthquakes. Encourage home hardening and defensible space to minimize the potential for housing loss during a natural disaster.

Policy 2.6 Prohibit the use of ADUs as short-term rentals in order to maintain their viability as permanent housing units.

Policy 2.7: Encourage weatherization, energy conservation, and renewable energy to increase energy efficiency and reduce home energy costs.

GOAL 3: Address the housing needs of older adults and others in the community with special housing needs.

Policy 3.1: Provide reference and referral services for seniors, such as in-home care and counseling for housing-related issues.

Policy 3.2: Support shared housing programs and room rentals as options for seniors to remain in the community without financial hardship.

Policy 3.3: Encourage housing opportunities for live-in care givers, domestic employees, and family members who may assist elderly or mobility-impaired residents who wish to age in place.

Policy 3.4: Consider participation in state and federal programs that assist lower income and senior households in home repair and maintenance.
70 Housing Goals, Policies, Objectives, and Programs   Page 6‐3 Policy 3.5: Strive to meet the needs of extremely low-income Rolling Hills residents, including seniors on fixed incomes.

Policy 3.6: Encourage the retrofitting of existing Rolling Hills homes so they are accessible to the disabled, including persons with developmental disabilities. Provide reasonable accommodations in rules, policies, practices, and procedures for disabled persons to ensure equal access to housing.

Policy 3.7: Participate in countywide programs to meet the needs of unsheltered residents and others who may need emergency housing assistance.

GOAL 4: Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, disability status, or national origin.

Policy 4.1: Affirmatively further fair housing by ensuring that housing opportunities for persons of all income levels, races and ethnicities, and physical abilities are available in Rolling Hills.

Policy 4.2: Enforce all applicable laws and policies pertaining to equal housing opportunity and discrimination. Maintain third party agreements to follow-up on and correct alleged violations.

Policy 4.3 Make information on fair housing laws available to residents and realtors in the City by providing information on the City’s website and print media at the City Hall public counter.

Policy 4.4: Ensure effective and informed community participation in local housing decisions.

This should include special efforts to include traditionally underrepresented groups, including persons working or providing services in Rolling Hills.

Policy 4.5: Distribute affordable housing opportunities around the city by focusing on ADUs as a housing strategy.

Policy 4.6: Participate in regional forums and initiatives to promote fair housing.

71 Housing Goals, Policies, Objectives, and Programs   Page 6‐4

6.2 Housing Implementation Plan, 2021-2029
The goals and policies set forth in the Housing Element will be implemented through a series of housing programs. Some of these programs are already underway and others will be implemented over the next eight years. This section of the Housing Element provides a brief description of each program, including measurable objectives, responsible entities, and implementation timeframes. Each of these programs has been developed consistent with HCD guidelines and State Government Code requirements.

Program 1: Annual Progress Report
As required by State law, the City will prepare and file an annual report on the progress made toward implementing its Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD). Guidance on the content of the report is provided by the State Office of Planning and Research. It documents the City’s progress toward meeting its share of regional housing needs and efforts to remove government constraints to housing production. The report must be presented to the City Council prior to its submittal (it may be approved as a consent item).

Quantified Objective: Provide one report per year
Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: File by April 1 of each year Program 2: Rancho Del Mar Opportunity Site Monitoring
In February 2021, the City adopted the Rancho Del Mar Overlay Zone on the 31-acre Rancho Del Mar (RDM) campus owned by the Palos Verdes Unified School District. As documented in Chapter 4 and Appendix B of this Housing Element, large parts of the RDM site are unimproved and vacant. The new zoning permits 16 affordable multi-family units on the site, which may be developed “by right” at a minimum density of 20 units per acre.

The City Manager will meet at least once annually with the School Superintendent to discuss the future of the site, including future development opportunities. Next steps to be pursued on the site include:
 Subdividing the site to create a separate parcel west of the PVPTA transit facility. This site could potentially be more easily marketed as a development opportunity than the 31- acre site as a whole.1
 Preparation of a “fact sheet” for the site, for review by the School Superintendent and School Board, highlighting the potential for multi-family housing  Further discussions with the School Board regarding opportunities for teacher housing and/or senior housing on the site.
 In collaboration with the School District, make information on the site (e.g., the “Fact Sheet”) available to affordable housing developers.

1 Subdivision is not required to develop the site—it can also be developed “as is.” However, subdivision could provide an incentive for future development during the planning period.
72 Housing Goals, Policies, Objectives, and Programs   Page 6‐5  Further discussions with non-profit developers regarding the opportunity to construct housing on the site, including technical assistance to developers where requested.  Consideration of permit streamlining, CEQA clearance, and fee reductions for future affordable housing development on the site. Multi-family housing is already permitted “by right” subject to objective design standards adopted in February 2021, but further steps could be taken to reduce future development costs.

Quantified Objectives: (1) 16 units of affordable housing on the RDM site (excludes density bonus, addressed in Program 3)
(2) Annual meeting between the City Manager and School
Superintendent
Funding Source: City General Fund
Responsible Agency: City Manager
Implementation Time Frame: (1) Meeting with School Superintendent by end of 2022 and once annually thereafter
(2) Preparation of site “fact sheet” for review by School District and School Board by June 2023
(3) Subdivision creating “western” parcel by end of 2024, subject to School Superintendent and Board approval
Program 3: No Net Loss Monitoring and Other Multi-Family Housing Opportunities
The City has identified adequate capacity to accommodate 45 units of housing, as required by the Regional Housing Needs Allocation. Sixteen of these units are on the Rancho Del Mar Site.

Five are new single family homes on vacant lots (three of which are already approved). The remainder are Accessory Dwelling Units. Rolling Hills will continue to maintain General Plan and zoning designations that facilitate development of the required number of units and will continue to comply with the Housing Accountability Act in the event projects are proposed. It will also affirmatively market lower-income housing opportunities to non-residents to achieve increased housing mobility in the region.

SB 166 (2017) requires that every city maintain “adequate sites” to accommodate its RHNA by income category at all times during the eight-year Housing Element period. If a designated housing opportunity site becomes unavailable, the city must demonstrate that it still has adequate capacity on its remaining sites (e.g., “no net loss”). In the event the Rancho Del Mar site becomes unavailable to produce the housing units envisioned by the overlay zone, the City would need another suitable site to accommodate those units.

Cities generally meet the no net loss mandate by providing one or more “buffer” sites in addition to their primary sites. These sites must meet HCD criteria, including the ability to accommodate 16 units at a density of at least 20 units per acre. As demonstrated in Chapter 4, due to the lack of sewer and the community’s natural hazards, Rolling Hills does not have a buffer site available. The City will continue to explore potential housing sites that could supplement the RDM site, particularly where sanitary sewer service could be made available in the future. The City will continue to rely on accessory dwelling units to meet the balance of its lower-income housing assignment, regardless.
73 Housing Goals, Policies, Objectives, and Programs   Page 6‐6 Quantified Objectives: (1) No net loss of housing capacity to meet RHNA at all times (2) Provide an 80% density bonus on the Rancho Del Mar site, enabling 29 units of new affordable housing instead of the 16 allowed by the base zoning.

Funding Source: City General Fund/ Permitting Fees
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Continuous through 2029
Program 4: Add Definitions of Transitional and Supportive Housing, Residential Care Facilities, and Employee Housing, to Municipal Code The City added these definitions during the first year of the planning period is action was completed in (August 2022) and the City now allows these housing types. It will continue to support diverse housing types in the future.

To comply with Government Code Section 65583(c)(3), the City of Rolling Hills was required to clarify that residential care facilities, transitional housing, and supportive housing are considered residential uses and are subject to the same restrictions that apply to the other residential uses that are allowed in a given zoning district. In other words, a single family home used as a group home for persons with disabilities is subject to the same planning and zoning requirements that apply to a single family home used by a traditional family. Most local governments have addressed this requirement by adding definitions to their zoning codes for transitional and supportive housing, as well as large and small residential care facilities.

The purpose of this program was to add those definitions to the Rolling Hills Municipal Code (Chapter 17). The definitions acknowledge that such housing is permitted in the same manner as other residential dwellings of the same type in the same zone as required by State law. The recent Code amendments also explicitly state that supportive housing shall be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses. The amendments ensure that no special requirements are placed on residential care facilities with seven or more occupants, as required by State law. Definitions of low barrier navigation centers also have been added to the Code and referenced in other zoning regulations, as required by State law.

This program also included a Municipal Code Amendment to add a definition for employee housing in accordance with the California Health and Safety Code (HSC). HSC Section 17021.5 states that employee housing providing accommodations for six or fewer people shall be deemed a single family structure with a residential land use designation. It further states that employee housing may not be considered a boarding house, rooming house, hotel, dormitory, or similar term that implies that such housing is a business run for profit or differs in any other way from a single family dwelling. State law precludes a city from requiring a conditional use permit, zoning variance or other zoning variance for such housing, and stipulates that the use of a single family dwelling for six of fewer employees does not constitute a change of occupancy for building code purposes. As of August 2022, the City fully complies with this requirement.

Quantified Objectives: N/A (program completed) Create local housing opportunities for at least six four households employed in Rolling Hills (and currently living outside the city) during the planning period.

Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department/ City Attorney 74 Housing Goals, Policies, Objectives, and Programs   Page 6‐7 Implementation Time Frame: (1) Ordinance revisions Ccompleted in August 2022 (2) Opportunities for at least four six individuals working in Rolling Hills and living elsewhere to reside in the community (in ADUs, guest houses, affordable units on the Rancho Del Mar site, etc.) by 2029
Program 5: Density Bonus Ordinance
This action was completed in August 2022.

Section 65915 of the California Government Code establishes mandatory statewide provisions for density bonuses for affordable and senior housing projects. Prior to August 2022, Rolling Hills did not currently have density bonus provisions in its Municipal Code. Historically, the City has not had multi-family housing, nor any site where multi-family housing could be constructed.

With the creation of the Rancho Del Mar Overlay Zone, a developer could request a density bonus and related concessions from a developer. State standards would apply in this instance.

The City has adopted provisions in its Municipal Code acknowledging the applicability of State density bonus laws in the event a request is received.

Quantified Objectives: Application of density bonus to future affordable rental housing on Rancho Del Mar Overlay site (up to 1312 additional units, assuming 100% affordable project on the site)
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Ordinance Adopted in August 2022 Program 6: Accessory Dwelling Unit (ADU) Production, Monitoring, and Incentives
As noted in Chapter 4, the City intends to meet its Regional Housing Needs Allocation of 29 lower income units through a combination of affordable housing on the Rancho Del Mar site (16 units, before density bonuses) and privately constructed and rented ADUs on scattered sites throughout the city. At least 13 ADUs 18 ADUs should meet affordability thresholds for low and very low income households.2 Creating opportunities for lower income households on scattered sites supports one of the main objectives of the State’s Affirmatively Further Fair Housing (AFFH) requirements, which is to avoid the concentration of lower income housing in a single location. An ADU-centered strategy also responds to the lack of sanitary sewer, storm drainage, and public streets in Rolling Hills and the community’s rural densities and absence of supportive services.

As stated in Chapter 4, the City approved nine ADUs in 2021 alone, including two that are projected to be affordable to lower income households based on their small size. Thus, creating another 11 additional ADUs affordable to lower income households over the next eight years is an attainable goal. The Annual Housing Progress Report should address the City’s progress toward meeting this goal; if the City is falling short after two years, the strategy should be revisited and additional incentives should be developed.

2 Two ADUs meeting affordability criteria for low/very low are already under construction (see Table 4.1), leaving a balance of 11 needed.
75 Housing Goals, Policies, Objectives, and Programs   Page 6‐8 Program 6 includes a number of specific elements, which are listed below:

6.1 Develop Citywide ADU Registry. The City developed an ADU registry in October 2021 and will expand it as new units are created. Currently, the registry (or data base) contains fields such as Address, Owner, month approved, square footage, and a description of each unit. This should be expanded to include information on whether the unit is occupied, the number of occupants, and the rent charged—this information would be requested from homeowners on a voluntary basis. Tracking occupancy and affordability is intended to determine how many units are serving very low- and low-income households, and to demonstrate that the City is meeting its RHNA.

6.2 Annual ADU Survey and Monitoring. The City will send an annual letter to households on the ADU roster requesting information on the status of the unit. The information will be used to prepare a summary that can be referenced as part of the City’s Annual Progress Report.

As part of this task, the City will also identify instances where very low or extremely low income households (including family members, domestic employees, caregivers, etc.) are residing on Rolling Hills properties and paying below market rent (or no rent). To the extent these households are occupying independent living quarters, this data provides evidence that the City is accommodating its RHNA target for very low income households.

As part of this effort, the City will also implement an annual monitoring program to ensure that the Housing Element targets for ADUs are being achieved. A determination of the City’s progress toward meeting its RHNA target of 40 units over for 2021-2029 shall be made once per year. In the event the City is not on track to meet its target, it will consider alternative means of meeting its RHNA goals within six months of this determination. These could include additional ADU incentives, modifications to the affordable housing overlay zone, and other actions that would facilitate production of additional affordable units.

6.3 Develop Inventory of Potential ADUs. Over time, the City will develop a parcel data base of potential (or “unintended”) ADUs, which are existing habitable spaces that could potentially be converted into independent dwelling units. This would include guest houses, pool houses, and similar accessory structures that are used by the primary residence. As the inventory is completed, owners would be advised of the opportunity to convert the space into a legal ADU.

6.4 Incentives for ADU Construction. The City will develop incentives for ADU construction.

Different incentives may be developed for those building new homes (i.e., reduced fees for including an ADU in a new residence), those adding a new ADU on their property, and those converting existing habitable floor space into an ADU. In accordance with California Health and Safety Code (HSC), Section 65583(c)(7) (effective January 1, 2021), the City will explore the use of State CalHome, LEAP, REAP, and SB 2 funding to help local homeowners build or finance ADUs on their properties. Access to these funds typically requires rents that are affordable to low and very low-income households.

6.5 Pre-Approved ADU Plans. The City will determine its eligibility for State grant funding to develop “pre-approved” plans for ADUs that can be used by Rolling Hills residents. These architect-developed plans would be specifically tailored to meet the RHCA design guidelines and would respond to the topography and access constraints found on most Rolling Hills lots. Enabling homeowners to use pre-approved plans may reduce architectural design costs, and potentially reduce construction costs. This can make ADUs more feasible and 76 Housing Goals, Policies, Objectives, and Programs   Page 6‐9 allow them to be rented more affordably.

6.6 Coordination with RHCA. The City will coordinate with the Rolling Hills Community Association to ensure that RHCA’s design review practices and procedures do not constrain ADU construction or add to their costs. City staff will meet with RHCA staff and the RHCA Architectural Committee regularly to coordinate review, advise RHCA of State laws relating to ADUs, and address any issues that may arise in the future. The City will also work with the Rolling Hills Community Association to explore reduction of annual HOA fees for property owners agreeing to limit rents on their ADUs.

6.7 Septic Tank Replacement Grants or Financial Assistance. The City will pursue funding for a grant which can be used to assist homeowners with septic tank replacement when paired with the addition of an ADU. The grants would be targeted to lower income households and seniors who may seek to add an ADU but lack the financial resources to replace their septic tanks.

6.8 Non-Profit Construction of ADUs. The City will explore the possibility of engaging a nonprofit housing developer in a program to develop ADUs in partnership with interested Rolling Hills property owners. Participation could be limited to qualifying lower income residents, or to homeowners who agree to limit rents to levels that are affordable to lower income households. Such a program was successfully implemented by the City of Santa Cruz, in collaboration with Habitat for Humanity, and could be considered locally.

6.9 Monitor Best Practices in ADUs. The City will continue to track statewide and national trends in ADU management, incentives, and regulations. The focus will be on cities in California that are comparable to Rolling Hills in density, character, and constraints, with an eye toward cities that are relying on ADUs to meet a substantial share of their RHNA for lower income households. Programs that are potentially transferable to Rolling Hills will be considered for local implementation. The City is currently working with the South Bay Cities Council of Governments on an ADU research study, including a state-funded “ADU Acceleration Project” to explore ways to promote ADUs in southern LA County cities.

6.10 Update Municipal Code Provisions for ADUs. This action was completed in August 2022. The City has updated its ADU ordinance to reflect changes to State law made since the last revision to the ordinance in February 2020. This included eliminating references to a maximum bedroom count in an ADU and including provisions for complete applications to be deemed approved if they are not acted upon within 60 days.

6.11 Outreach to ADU Permit Recipients. The City will monitor ADU approvals, including sixmonth “check-ins” with all applicants receiving ADU permits until the units are completed.

These check-ins will include status updates on the projects, including whether a building permit has been issued and what progress is being made. In the event an applicant chooses not to follow through on an approved ADU, staff will make an effort to document the reasons and evaluate any changes that might be made to the City’s ADU program to improve completion rates. This information should be part of the City’s annual housing progress report.

In addition to the specific measures listed above, City staff will continue to assist homeowners who are interested in adding an ADU, and will work with applicants to facilitate ADU review, permitting, and approval.
77 Housing Goals, Policies, Objectives, and Programs   Page 6‐10 Quantified Objectives: (1) Citywide ADU registry of 40 ADUs by 2029, including at least 13 18 ADUs rented at levels meeting affordability criteria for lower income households
(2) ADU Survey, administered once a year
(3) Inventory of potential ADUs
(4) ADU Incentives
(5) Two to four pre-approved ADU architectural plans
(6) Municipal Code Revisions (see 6.10 above) -- Completed (7) 100% completion of ADUs receiving permits
(8) Seven Four ADUs/guest houses constructed by non-profits by 2029 (see 6.8 above and Program 9 below)
Funding Source: City General Fund/ State grants
Responsible Agency: Planning and Community Services Department/ City Attorney Implementation Time Frame: (1) Rosters and Surveys prepared by 2022 and updated annually (2) ADU incentives by 2023
(3) Approved architectural plans by 2024, or as funding allows (4) Amend Municipal Code Chapter 17.28 (Accessory Dwelling Units) for consistency with State law by August 2022 (this action has been completed)
(5) Establish protocol for 6-month check-ins with ADU permit recipients by January 1, 2023
(6) Annual monitoring report on ADU production
78 Housing Goals, Policies, Objectives, and Programs   Page 6‐11 Program 7: Accessory Dwelling Unit (ADU) Outreach, Education, and Information Program 7 addresses public outreach, education, and information on ADUs. Like Program 6, it has multiple elements.

7.1 Biennial Mailing. The City will send or help coordinate a mailing to all households in Rolling Hills at least once every two years advising them of the opportunity to create an ADU, the potential benefits of having an ADU, and potential incentives in the event the ADU will be occupied by a household worker, caregiver, family member, or other household meeting the definition of a low or very low income household. The mailing may consist of an article in the City’s monthly newsletter, or could be included as a component of the South Bay Cities COG efforts to encourage ADU production. The City is one of 15 cities participating in this program.

7.2 Website. The City will develop a landing page on its website with information on ADU opportunities (“Thinking about building an ADU?”). The website landing page will include information on the types of ADUs an owner may consider (detached, attached, junior, etc.), the typical cost and cost considerations, financing options, tax implications, development standards, tenant selection, and so on. The information should also be provided in printed form for interested homeowners.

7.3 RHCA Design Guidelines Update. The City will work with the Rolling Hills Community Association to facilitate an update of the RHCA Design Guidelines so that they address ADUs. Currently, the Guidelines do not acknowledge ADUs at all. The Update would provide objective design standards for ADUs that are consistent with Rolling Hills zoning standards as well as the design guidelines that currently apply.

Quantified Objectives: (1) Outreach mailer to 639 households (at least once every 2 years)
(2) Creation of 40 new ADUs by 2029 (5 per year)
Funding Source: City General Fund, State grants
Responsible Agency: Planning and Community Services Department Implementation Time Frame: (1) First mailing by March 2023 (2) Website update by June 2023
(3) Update of design guidelines by 2024
79 Housing Goals, Policies, Objectives, and Programs   Page 6‐12 Program 8: Assist Senior and Disabled Households
The City will continue to address the housing needs of seniors and persons with disabilities by connecting those in need with social service agencies, non-profits, volunteer organizations, and other service providers, and by coordinating with the RHCA in the services and programs it provides. As noted in the Needs Assessment, more than one-third of the city’s residents are over 65 and about 10 percent have one or more disabilities. The City will work with seniors, especially those on fixed incomes, to evaluate housing needs and resources. Within 18 months of Housing Element adoption, the City Council will convene a study session jointly with the RHCA Needs of Seniors Committee and at least one local non-profit serving seniors (such as Peninsula Seniors) to discuss the needs of Rolling Hills seniors and potential programs to address these needs.

Several of the programs listed elsewhere in this Element (shared housing, assistance with home maintenance, reduced utility rates, etc.) are primarily intended to benefit lower income seniors.

The City also will support expanded opportunities for persons with disabilities, including the use of universal design principles and accessibility standards in new construction and ADUs. As part of this program, Rolling Hills will also work with the Harbor Regional Center to implement outreach services to Rolling Hills families on services available to persons with developmental disabilities. The City’s website will be updated to include links to housing and supportive services for seniors and disabled persons.

Quantified Objectives: Website landing page with senior housing resources Facilitate age-in-place retrofits for 10 senior households City Council study session on needs of seniors and potential actions to assist Rolling Hills seniors
Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department/ City Manager Implementation Time Frame: June 2023 (for website)
Council Study Session before December 2023
Program 9: Assist Extremely Low-Income Households
Extremely Low Income (ELI) households have incomes that 30 percent or less of the County median. In 2021, the income thresholds for ELI were $24,850 for a household of one; $28,400 for a household of two; $31,950 for a household of three; and $34,450 for a household of four.

Based on CHAS data, there are 25 ELI households in Rolling Hills, representing about 3.5 percent of the city’s households. The CHAS data indicated that all 25 of these households were homeowners, suggesting they are primarily seniors on fixed incomes. The City will explore ways to assist elder Rolling Hills homeowners on fixed incomes with home maintenance, repair, and retrofit activities. It will also direct these households to appropriate resources, such as shared housing services and programs to reduce utility costs.

There are additional ELI households in Rolling Hills that may not be counted in the Census data, including extended family members living in independent quarters on a property, or domestic employees (housekeepers, au pairs, personal assistants, etc.) living in guest houses, accessory buildings, or in separate quarters within the primary residence. The City will address the needs 80 Housing Goals, Policies, Objectives, and Programs   Page 6‐13 of these households by prioritizing applications for ADUs and encouraging homeowners to create opportunities for domestic employees and family members to live “on site.” A study sponsored by SCAG in 2020 determined that 15 percent of the ADUs in the coastal Los Angeles area were likely to be available at rents affordable to Extremely Low Income Households.3 A 2018 study further found that 17% of the ADUs in Portland, Seattle, and Vancouver were occupied by a friend or family member for free.4 A 2014 study found that 18% of the ADUs in Portland were occupied for free or extremely low cost.5 A 2012 UC Berkeley publication indicates that up to half of all ADUs are occupied at no cost.6 Based on these analyses, the City is estimating that seven “rent free” or extremely low income rentals will be added to the Rolling Hills housing stock by 2029. It will seek to document and measure progress toward this objective by soliciting voluntary reporting of such units by individual homeowners. As noted in Program 6.2, an annual survey is proposed to be administered to all registered ADU owners in the city. This would enable tracking of rent-free or reduced rent ADUs.

Quantified Objectives: Provide seven housing units affordable to Extremely Low Income Funding Source: City General Fund/ Permitting Fees
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Prepare inventory of Extremely Low Income (ELI) units by 2024, update annually
Facilitate housing assistance to at least seven four three ELI senior homeowners by 2029 20265
Program 10: Support Regional Efforts to End Homelessness Extremely low-income persons also include those who are homeless or may be at risk of becoming homeless. Although the point-in-time surveys for the last five years have not counted any homeless residents in Rolling Hills, the City recognizes that homelessness is a regional problem that requires regional solutions. Rolling Hills will continue to allow emergency shelters and single room occupancy hotels in the Rancho Del Mar Overlay Zone and will monitor the effectiveness of its regulations in its Annual Housing Progress Report.

The City will continue to work with adjacent communities on emergency shelter referrals. As a member of SCAG and the South Bay Cities COG, staff and elected officials participate in forums and discussions of homelessness, and potential programs and resources to end homelessness and increase the supply of shelter, transitional, and supportive housing in Greater Los Angeles.

3 SCAG Regional Accessory Dwelling Unit Affordability Analysis, 2020 4 Jumpstarting the Market for ADUs. Terner Center (for ULI), San Francisco, 2018 5 ADUs in Portland OR. Environmental Solutions Management, 2014 6 Scaling Up Secondary Unit Production in the East Bay. Berkeley Institute of Regional Development, 2012 81 Housing Goals, Policies, Objectives, and Programs   Page 6‐14 Quantified Objectives: Participation in point in time surveys; participation in at least one regional meeting annually on strategies to end homelessness Funding Source: City General Fund/ Permitting Fees
Responsible Agency: Planning and Community Services Department/ City Manager Implementation Time Frame: Ongoing, 2021 through 2029
Program 11: Permit Streamlining
The City will continue its efforts to expedite permit processing, ensure efficiency, and reduce administrative and processing costs for new development. This could include provisions for reduced fees for ADUs that are rented at below market levels, or occupied by qualifying lower income households. As part of the annual budgeting process, the City will ensure that fees are appropriate for the services provided, and will consider ways to improve the permitting and entitlement processes.

This program includes working with LA County Building and Safety to receive periodic updates on the status of active building permits in Rolling Hills. While this data is available on-line through the County’s website, it is not consistently updated or made available in a format that allows the City to easily track the status of entitled projects. The City will use this data to identify approved housing units (including ADUs) that have been entitled but not yet constructed so that it may follow up with owners in the event of permitting delays.

Quantified Objectives: Compliance with all provisions of the Permit Streamlining Act Funding Source: City General Fund/ Permitting Fees
Responsible Agency: City Manager/ Finance Director/ Planning and Community Services Department/ LA County Building and Safety
Implementation Time Frame: Ongoing, 2021 through 2029
Program 12: Facilitate Communication with Affordable Housing Service Providers, Developers, and Advocates
The City of Rolling Hills periodically receives requests from housing advocates, non-profit developers, and service providers to disseminate information on affordable housing needs and opportunities and work collaboratively to address housing issues. City planning staff regularly field requests from for-profit and non-profit developers, participate in regional housing meetings and discussions, and work with other cities to explore creative, effective ways to meet housing needs. In the event a non-profit agency or developer wishes to submit a grant application that will increase housing affordability for senior or low-income Rolling Hills residents, staff will provide administrative support wherever possible.

Quantified Objective: Hold at least one meeting a year with one or more non-profit housing sponsors to discuss housing opportunities and needs in Rolling Hills
See also Programs 8, 13, and 15
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Convene one meeting before December 2022. Convene additional meetings at least once a year from 2023 to 2029.

Program 13: Home Sharing
82 Housing Goals, Policies, Objectives, and Programs   Page 6‐15 Shared housing enables homeowners to offset their housing costs by receiving rent, or get additional help in managing housing duties. It also creates a resource for lower income households in the community, including college-aged students and young adults, caregivers, domestic workers, landscapers and building industry workers, child care workers, teachers, and other public service employees. It can also be a resource for seniors, some of whom may no longer wish to live alone or lack the financial resources to live alone.

Residents in Rolling Hills have access to two nearby home sharing programs: Focal Point at the South Bay Senior Services Center in Torrance and the Anderson Senior Center in San Pedro.

Both these centers offer resources to assist seniors locate roommates interested in sharing housing. These programs make roommate matches between seniors based on telephone requests.

Numerous other home sharing services have emerged over the last decade. These include SHARE! Collaborative Housing, a public-private partnership supporting shared single family housing for persons with disabilities in Los Angeles County; Affordable Living for the Aging, which matches younger single tenants with seniors in Los Angeles County; and Los Angeles County HomeShare, which serves residents of all ages throughout the County. There are also private services such as Silverleaf (Long Beach) that facilitate home sharing for a fee.

The City will continue to apprise residents about shared housing programs by providing information at the public counter and online, including an article in the City Newsletter in 2023. It will also proactively meet with at least one non-profit home-sharing service provider in 2023 to discuss opportunities in Rolling Hills.

Quantified Objectives: Continue to provide informational brochures advertising shared housing programs at City Hall and on the City’s website At least eight six five non-resident Rolling Hills households participating in a non-profit managed home sharing program enabling them to reside in Rolling Hills by 2029
Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Provide article and meet with home sharing service in 2023 83 Housing Goals, Policies, Objectives, and Programs   Page 6‐16 Program 14: Sewer Feasibility Studies and Phase One Construction As indicated in Section 5.3.5 of this Housing Element, Rolling Hills does not have a sanitary sewer system. With a few exceptions, the entire city is served by private septic systems. Septic system installation is costly and requires customized design to reflect steep terrain. The cost of installing sanitary sewers and storm drains would be even more costly, as it would likely require easements, force mains, and lift stations.

The City recently completed design drawings for a sanitary sewer extension through adjacent Rolling Hills Estates that will bring service to Rolling Hills City Hall and the Tennis Courts. A future phase of this project could continue southward along Portuguese Bend Road, allowing some Rolling Hills homes and a number of vacant properties to be served by sewer. A survey done by the City in 2021 indicated there was strong support for a sewer extension project, contingent on the cost to each homeowner. There is currently no funding source for such an extension. Grant funding would be required, as it would reduce the cost burden on homeowners and make the project more feasible.

The City will continue to work toward addressing this constraint during the 2021-29 planning period. This includes:
 Developing the initial phase of the project, serving City Hall and the Tennis Courts  Conducting feasibility and cost studies for a future phase to serve privately owned homes and parcels in the northern part of Rolling Hills  Pursuing funding for future phases
 Continuing to poll Rolling Hills residents on their level of support for the project In addition, the City continues to monitor water quality issues related to its MS 4 permit for stormwater discharge. Efforts to address runoff quality and implement best management practices to reduce pollution are ongoing and will continue.

Quantified Objective: (1) Complete 1,585-foot sanitary sewer extension to City Hall/ Tennis Courts (Phase I)
(2) Complete feasibility / cost study of sanitary sewer extension (3) Obtain grants for Phase I project construction
(4) Updated “Will Serve” letter from the Los Angeles County Sanitation District, indicating ability to accept effluent from 235 existing homes upon completion of future phase sewer system Funding Source: General Fund/ State grants
Responsible Agency: City Manager
Implementation Time Frame: Complete Phase I by 2024
Determine viability of future phases and available grants by 2023

84 Housing Goals, Policies, Objectives, and Programs   Page 6‐17 Program 15: Pursue Grants for Minor Home Repair Program At least once every two years, the City should re-evaluate the feasibility of joining the Los Angeles Urban County CDBG program in order to create a funding source for home improvements for qualifying lower income Rolling Hills residents. In the event the City finds that the amount of funding it will receive exceeds the costs of administering the program (including staffing and reporting requirements), the City will participate in the program. Available funds will be used to improve housing conditions for lower income or senior Rolling Hills residents, including:
 Grants for minor home repair and rehabilitation projects, including electrical, plumbing, and heating repairs; health and safety improvements; and energy efficiency improvements;
 Grants to facilitate “aging in place” for lower income seniors and residents with disabilities;
 Grants for septic system repair for lower income homeowners seeking to add an ADU If the City determines that CDBG participation is not viable, it will pursue other funding sources that could support a similar grant program for lower-income Rolling Hills homeowners. This could include administration of home repair grants by another entity (such as South Bay Cities COG) or a local non-profit.

Quantified Objectives: Minor home repair/ age-in-place/ septic tank replacement assistance to at least ten lower-income or senior Rolling Hills households
Funding Source: LA Urban County CDBG Program/ State grants Responsible Agency: City Manager/ Finance Director
Implementation Time Frame: By 2023, and every two years thereafter Program 16: Code Enforcement
The City will continue code enforcement and nuisance abatement activities to ensure the safety and habitability of housing in Rolling Hills. While property maintenance in Rolling Hills is excellent, there is a need for ongoing enforcement of planning and building codes. The City has a “Code Enforcement” webpage with online forms for reporting suspected violations, including those relating to vegetation management and outdoor lighting as well as unpermitted construction or nuisances. Periodic information on code enforcement resources and requirements is also provided to residents through the City’s monthly newsletter.

Quantified Objective: Respond to 100 percent of resident Code Enforcement inquiries Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Ongoing, 2021-2029
85 Housing Goals, Policies, Objectives, and Programs   Page 6‐18 Program 17: Reduce Home Energy Costs
Energy bills can be a significant cost burden, particularly for households on fixed incomes with large homes to heat and cool. The City has adopted the Green Building Code and enforces Title 24 energy efficiency requirements through its contract with the Los Angeles County Department of Building and Safety. New residential projects, including new homes, ADUs, renovations, and additions, will continue to be required to meet Title 24 standards. These requirements result in energy savings which reduce gas and electric consumption and home utility bills.

Rolling Hills also works with Southern California Edison to distribute information to residents on energy conservation and weatherization, including information on financial assistance and lower utility rates for low-income customers. The City will provide links on its website to assist lower income residents in accessing information on reduced utility rates. Rolling Hills is also a member of the South Bay Environmental Services Center, which provides information on energy incentives, audits and rebates. These programs will continue in the future.

The City will also support resident installation of solar energy systems. A growing number of Rolling Hills homeowners have installed photovoltaic panels, increasing energy independence and resilience while reducing home energy costs.

Quantified Objective: (1) Provide links on City website related to energy conservation, weatherization, and financial assistance
(2) Adopt updated Building Code standards for energy efficiency Funding Source: General Fund, LIHEAP
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Website Update, with links: Complete by January 2023 Program 18: Facilitate New Construction and Home Improvements The City will continue to work with property owners, architects, and builders to enable new housing to be built in the City. Continued cooperation and communication between City staff, applicants, and neighbors will facilitate the construction of new housing. The City is committed to efficient planning, building, and inspection procedures, and regularly seeks ways to improve the process and reduce delays.

With few vacant lots remaining, most construction projects in Rolling Hills consist of home additions, repairs and modernization, or replacement of existing dwellings. Continued investment in Rolling Hills housing stock is strongly encouraged and will continue to be supported in the future. Although the City does not provide direct financial assistance to lower income homeowners, it assists owners in keeping costs down through permit streamlining and fees that are generally below average compared to other cities in Los Angeles County.

Quantified Objective: 5 new single family homes (above moderate income) Funding Source: Private Funds (Permitting Fees)
Responsible Agency: Planning and Community Services Department, LA County Building and Safety
Implementation Time Frame: Objective covers the period from 2021 through 2029 86 Housing Goals, Policies, Objectives, and Programs   Page 6‐19 Program 19: Remediate Geologic Hazards
The City will continue to explore solutions to ground stability and landslide problems. Grading, new structures and additions typically require a soils and geology report along with grading and building permits. The City has developed strict grading practices that limit grading to no more than 40 percent of the lot and require maintenance of natural slopes. These practices are necessary to safeguard the public against ground instability.

The City will support repair work on landslide-damaged homes and hillsides that have been damaged or compromised by past landslides. The City will strive to avoid further loss of its housing stock as a result of natural disasters, including landslides and wildfires.

Quantified Objective: Geologic studies for new development and major grading permits Funding Source: City General Fund
Responsible Agency: Planning and Community Services Department/ City Manager Implementation Time Frame: On-going, 2021 to 2029
Program 20: Fair Housing Services Program Administration The City will complete a Fair Housing Outreach and Enforcement Options Memorandum to determine options for ensuring that existing and prospective residents have access to fair housing services, and that property owners are apprised of Fair Housing laws and practices.

This could include an agreement with a third party fair housing services provider to promote and affirmatively further fair housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, or other characteristics protected by state and federal fair housing law. Other alternatives for outreach, education, and enforcement also may be considered. Based on the findings of the Memorandum, the City will implement Fair Housing measures, including Programs 21 and 22 described below.

Quantified Objective: 100% response rate for any fair housing complaint received by the City At least five three households
assisted
Funding Source: General Fund
Responsible Agency: City Manager
Implementation Time Frame: Complete memorandum by June 2023 87 Housing Goals, Policies, Objectives, and Programs   Page 6‐20 Program 21: Fair Housing Outreach and Affirmative Marketing The City will provide information on fair housing resources on its website, including links to fair housing services. Other outreach measures to be implemented include posting regulations regarding housing discrimination, as well as phone contacts, at City Hall and periodically providing this information in the City’s newsletter.

The City will also provide a referral process for any person who believes they have been denied access to housing because of their race, sex, marital status, ancestry, national origin, color, familial status or disability. In the event a complaint is received, the City will refer the party to a fair housing service provider for follow up and work with the complainant to resolve the issue.

In addition, the City will affirmatively market future housing opportunities in the city by:
 Requiring an affirmative marketing plan for any affordable multi-family development created in the Rancho Del Mar Overlay Zone. Such a plan would be prepared by the project’s developers and would ensure that future units are marketed to attract occupants who are demographically diverse, including lower-income households in other parts of the South Bay and Los Angeles County.
 Developing materials for Rolling Hills residents who may be seeking tenants for their ADUs, which will be provided to ADU applicants at the time they apply for a building permit or ADU permit. These affirmative marketing materials will include contact information for housing service providers and non-profit housing organizations that serve lower-income tenants in the surrounding region. Interested residents can use these materials to find prospective tenants in a larger market area than the Palos Verdes Peninsula, including residents of all races, ethnicities, ages, and abilities.

Quantified Objective:
(1) At least 50% of future occupants of affordable
housing created on the RDMO site are from outside
Rolling Hills.
(2) At least 50% of future ADU occupants are from
outside Rolling Hills (to be measured through the ADU
survey described in Program 6.2)
Funding Source: General Fund
Responsible Agency: City Manager, Planning and Community Services Director Implementation Time Frame: Ongoing, 2021-2029. Website update by December 2022. 88 Housing Goals, Policies, Objectives, and Programs   Page 6‐21 Program 22: Fair Housing Training for Staff
At least one City staff member will attend an on-line fair housing certification training class on an annual basis. These classes are typically three-hour sessions in which participants are informed and educated about federal and California fair housing laws, compliance, and illegal housing practices. The trainings cover prohibited and best practices, including language guidance for advertising housing for sale or for rent, and protected classes under federal and California law.

In addition, the City will regularly evaluate the need for multi-lingual services, including translation of material on its website into other languages. It will also continue to implement its reasonable accommodations ordinance and monitor data on persons with disabilities in the city to ensure that barriers to mobility are eliminated to the greatest extent possible.

Quantified Objective: (1) At least one Rolling Hills staff member participates in online Fair Housing training each year through 2029 (2) At least one presentation on fair housing is delivered to the City Council in a noticed public hearing, attended by at least 10 residents
Funding Source: General Fund
Responsible Agency: City Manager
Implementation Time Frame: 2023
Program 23: Written Procedures for SB 35 Projects
As required by State law, the City will prepare written procedures and application materials for projects seeking to use SB 35. Affordable multi-family housing development on the Rancho Del Mar site would be potentially eligible. The procedures would follow the provisions established by the Affordable Housing Overlay Zone, and include the objective standards and application procedures identified when that zone was adopted. Once completed, the information will be included as a PDF link on the Planning and Community Services Department website for easy access.

Quantified Objective: Posted information on SB 35, including application form
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Complete by December 31, 2022 89 Housing Goals, Policies, Objectives, and Programs   Page 6‐22 Program 24: Updating of Linked Files on Planning and Community Services Department Landing Page
AB 1483 requires that every city post current information on fees, zoning standards, design guidelines, processes and procedures, nexus studies and other pertinent information on its website. Although Rolling Hills complies with this requirement today, reorganization of the material could provide greater clarity and easier access to this information. For example, the website could include a link to the RHCA design guidelines, as well as updated flow charts and graphics showing approval processes. As noted under Program 7.2, the website also should include dedicated information about Accessory Dwelling Units (ADUs) and the steps residents can take to add an ADU on their property.

Quantified Objective: Reorganized and updated Planning and Community Services Department website
Funding Source: General Fund
Responsible Agency: Planning and Community Services Department Implementation Time Frame: Complete by December 31, 2023

90 Housing Goals, Policies, Objectives, and Programs   Page 6‐23

6.3 Summary of 2021-2029 Quantified Objectives
Table 6.1 provides quantified objectives for housing construction, rehabilitation, and conservation by income group. The new construction objectives align with the RHNA numbers that appear earlier in the Housing Element. The rehabilitation objective aims to assist 10 very low-income or senior households over the eight-year period. The conservation and preservation objectives correspond to the approximate number of households in Rolling Hills by income group based on Census data. The objectives aim to preserve housing for 100 percent of these households. There are no housing units in Rolling Hills that are at risk of conversion from affordable to market-rate.

Table 6.1: Quantified Objectives by Income Group for Rolling Hills (2021-2029) Income Category
New
Construction Rehabilitation
Conservation/
Preservation
Extremely Low [1] 7 5 25
Very Low [2] 13 5 45
Low [2] 9 45
Moderate 11 25
Above Moderate 5 500
Total Housing Units 45 10 640
Source: SCAG Adopted Regional Housing Needs Determinations (November 2012) [1] City’s RHNA for “Very Low” income is 20 units. This has been allocated proportionally to “Extremely Low” and “Very Low” based on Table 3.8, which indicates the current proportion of “Very Low” income households in these two groups.

Extremely low income households represent 35% of the “very low” total. [2] The new construction objectives shown in Table 6-1 correspond to the City’s total RHNA. In addition to these units, the City is aiming to exceed the low- and very low-income targets shown here through a density bonus on the Rancho Del Mar site and the construction of ADUs beyond those shown in the table. Distribution of 40 ADUs by income is estimated at 18 lower income units, 15 moderate-income units, and 7 above moderate-income units.

Table 6.2 summarizes the 24 Housing Element programs listed in this chapter. It includes a quantified objective and timeframe for each program, as presented above.

91 Housing Goals, Policies, Objectives, and Programs   Page 6‐24 Table 6.2: Housing Element Action Plan Summary
# Program Timing Quantified Objective
1 Prepare Annual Progress Report on
Housing Element implementation
Annually, by April 1 One Report per year
2 Facilitate affordable housing on Rancho
Del Mar Housing Opportunity site
 Annual meeting with
School Superintendent
 Subdivision by 2024
16 lower-income units by
2029
3 No net loss monitoring/ other housing
opportunities
Continuous, through
2029. Address in
Annual Report.
 No net loss of housing
capacity for duration of
planning period
 13 affordable density
bonus units on Rancho
Del Mar site (29 total)
4 Add definitions of transitional,
supportive, employee housing and
residential care facilities to Municipal
Code
August 2022  Council action adopting
definitions and
identification of
permitted uses
(COMPLETED)
 Opportunities for 4 6
non-residents employed
in city to reside in
Rolling Hills (in ADUs,
etc.)
5 Adopt density bonus provisions in
Municipal Code
August 2022  Council action adopting
density bonus
provisions
(COMPLETED).
 132 density bonus units
by 2029 (on Rancho
Del Mar site)
6 Accessory Dwelling Unit production,
monitoring, and production
 Updated ADU
ordinance by August
2022
 ADU Roster in 2021
 Annual ADU survey,
starting in 2022
 Pre-approved plans in
2024
 ADU incentives in
2023
 Annual monitoring
program (2023)
40 ADUs by 2029,
including at least 18 13
ADUs affordable to lower
income households
7 Accessory Dwelling Unit Outreach,
Education, and Information
 First biennial mailing
by end of 2022
 Website update by
6/23
 Update of design
guidelines by 2024
 Outreach mailer to 639
households
 ADU website landing
page
 ADU section added to
RHCA Guidelines
# Program Timing Quantified Objective
92 Housing Goals, Policies, Objectives, and Programs   Page 6‐25 8 Assist senior and disabled households  Website update by 6/23
 Housing assistance
during 2021-2029
Assist 10 lower income or
senior households with
age in place retrofits
9 Assist extremely low income households  Prepare inventory of ELI units by 2024
7 ADUs affordable to ELI
households
10 Support regional efforts to end
homelessness
Ongoing  Participate in point-intime surveys
 Attend one mtg a year
11 Permit streamlining Ongoing Compliance with Permit
Streamlining Act
12 Facilitate communication with affordable
housing service providers, developers,
and advocates
By December 2022  Convene at least one
meeting a year
 See Programs 8, 13, 15
13 Home Sharing By December 2022  Provide information on website, plus print media
resources
 Five Six Eight shared
housing arrangements
14 Sewer feasibility studies and Phase I
construction
Phase I construction
(serving City Hall) by
2024
 Sewer extension to City
Hall/ Tennis Courts
 Feasibility study for
sewer extension
 “Will serve” letter for 235
existing homes
15 Consider participation in Urban County
CBDG Program
By 2023 Minor home repair/septic
tank replacement
assistance to 10 lower
income or senior
households
16 Code enforcement Ongoing 100% follow up
17 Reduce home energy costs By 2023 Website update
18 Facilitate new construction and home
improvements
Ongoing 5 market-rate single family
homes (including 3 already
approved)
19 Remediate geologic hazards Ongoing Geologic studies for new development
20 Fair housing program administration Develop fair housing compliance program by
December 2022
100% response to all Fair
Housing complaintsAssist
three five households

93 Housing Goals, Policies, Objectives, and Programs   Page 6‐26 # Program Timing Quantified Objective
21 Fair housing outreach and affirmative
marketing
Website update by
December 2022
 At least 50% of future
occupants of affordable
housing created on the
RDMO site are from
outside Rolling Hills
 At least 50% of future
ADU occupants are from
outside Rolling Hills
22 Fair housing training for City staff Initiate in 2022  Training for one staff member annually
 Noticed presentation to
City Council attended
by at least 10 residents
23 Prepare written instructions for SB 35
applications
Complete by December
31, 2022
Guidance memo and
application form
24 Update Planning and Community
Services website
Complete by December
31, 2023
Updated website
94 City of: Rolling Hills
Adopted Received: 9/28/2022
Addressing HCD Findings Letter Dated: 7/21/2022
HCD’s Finding Page # Prelim
Review
Notes
Affirmatively Furthering Fair Housing
Metrics: The element did not
address this finding. As found in
HCD’s prior review, the element
must include quantifiable metrics or
numerical objectives to target
beneficial impacts for people,
households, and neighborhoods
(e.g., number of people or
households assisted, number of
housing units built, number of parks
or infrastructure projects completed).
6-4- ~ - Mostly Limited to RHNA, seniors or
Rolling Hills residents
Programs:
- 3 – Add metric for additional multifamily
- 4 – Add metrics, especially employees
- 6.8 – Add metric
- 9 – Increase metric, go beyond senior
homeowners
- 13 – Increase metric, go beyond rolling
hills residents
- 20 – Convert metric to assisted
households
Housing Mobility: Promoting housing
mobility removes barriers to higher
opportunity areas and strategically
enhances access to housing choices
and affordability. Given, among other
things, that the City is entirely
highest category of disparities in
access opportunity and largely does
not reflect the socio-economic
characteristics of the broader region,
the element must include significant
actions to promote housing mobility
within the City and relative to the
region to promote an overall
inclusive community. To address this
requirement, the element relied on
the City’s one affordable housing site
to accommodate the regional
housing need allocation (RHNA) and
fair housing enforcement and
outreach programs. However,
actions should go beyond the RHNA
and be significant to facilitate
meaningful change. The element
could consider improving existing
programs or including new programs
related to homesharing, promoting a
city-wide affordable rental registry for
accessory dwelling units (ADUs)
6-11 No - Mostly Limited to RHNA, seniors or
Rolling Hills residents
- Consider doubling school site and ADU
metrics
95 paired with affirmative marketing
outside of the City and coordination
with regional entities.

Increasing Housing Choices and
Affordability in Higher Opportunity
Areas: To address this finding, the
element relied on actions that are
required to comply with state law
including updating the City’s density
bonus program and allowing for
transitional, supportive, group, and
employee housing. However, to
increase housing choices and
affordability throughout the City, the
element should consider going
above and beyond state law such as
allowing two JADUs on a single
family lot, developing and marketing
a homeowner rehabilitation and/or
down payment assistance program,
etc.
6-17 ~
Sites Inventor
Zoning for a Variety of Housing Types
(Permanent and Supportive Housing):

The element was revised with a
program to define supportive housing
and permit it as a residential use,
similar to other residential uses.

However, the element still must
address the requirements under
Government Code section 65651. As
found in the prior review, Supportive
housing shall be a use by-right in
zones where multifamily and mixed
uses are permitted, including
nonresidential zones permitting
multifamily uses pursuant to
Government Code section 65651. The
element must demonstrate
compliance with this requirement or
add or modify programs as
appropriate.
6-6 Y
Constraints
Approval Time: The element was revised
to include a discussion on the time
between entitlements and construction
and the current conditions of the
construction market. However, this does
not address HCD’s prior review.
5-25 Y~ Provides times and identifies city action for
to receive regular updates from county on
active building permits, but not identified in
the programs section.
96 Specifically, the element must be revised
to include an estimate for the length of
time between receiving approval for
housing development and submittal of an
application for building permits that
potentially hinder the construction of a
locality’s share of the regional housing
need.
97 Agenda Item No.: 7.G
Mtg. Date: 12/13/2022
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 A PROFESSIONAL SERVICES AGREEMENT WITH

ONWARD ENGINEERING TO PROVIDE ON-CALL CONSTRUCTION OR
GENERAL INSPECTION SERVICES DURING FY22/23 FOR A NOT-TOEXCEED FEE OF $24,470; ADOPT BY RESOLUTION NO. 1319 AUTHORIZING A BUDGET MODIFICATION OF $24,470
DATE: December 13, 2022
BACKGROUND:

Councilmember Bea Dieringer noted that the City should conduct construction inspections in conjunction with the recently completed emergency drainpipe repairs at 1 Middleridge Lane North. In response, staff released a Request for Proposals (RFP) soliciting Construction and General Inspection Services to assist with the following projects:

Emergency storm drainpipe repair at 3 Middleridge Lane North Anticipated traffic improvements on Johns Canyon Road pending City Council's approval
General inspections on an as-needed basis
The RFP for Construction and General Inspection was published on the city’s website on Monday, October 31. To meet the needs of the emergency repair at 3 Middleridge Lane North, the RFP closed on Wednesday, November 9, 2022 at 3pm.

DISCUSSION:

At the November 14, 2022 City Council Meeting, the Council voted 4/0/1 with Councilmember Dieringer abstaining to approve the selection of Onward Engineering and directed staff to prepare a Professional Services Agreement for a not to exceed amount of $24,470.00.

FISCAL IMPACT:

The emergency drainage repair and the pending traffic improvements were not anticipated at 98 the time the Fiscal Year 2022-2023 budget adoption. As such, the construction inspections associated with these projects were not included in the current budget. This project requires an appropriation of $24,470.00 from General Fund reserves. Reserve balances are well above the amount required by the revised reserve policy, and the use of reserves for this type of unexpected capital cost is in line with the City's budget policies.

RECOMMENDATION:

Adopt Resolution No. 1319 and approve as presented.

ATTACHMENTS:

ResolutionNo1319_Onward Engineering_PSA_BudgetAmendment_Inspection.pdf CA_AGR_221213_PSA_OnwardEngineering_InspectionServices.pdf 99 RESOLUTION NO. 1319

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2022-2023

BUDGET MODIFICATION TO APPROPRIATE
$24,470 IN GENERAL FUND RESERVES FOR THE

PROFESSIONAL SERVICES AGREEMENT WITH
ONWARD ENGINEERING, INC. FOR ON-CALL

CONSTRUCTION INSPECTION AND OTHER

GENERAL INSPECTION SERVICES

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,

DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:

Section 1. Recitals.

A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time.

B. On November 14, 2022 the City Council received a report regarding the need for on-call construction inspection and other general inspection services for the City’s capital improvement projects and other projects.

C. After the report the City Council directed staff to draft and bring back a Professional Services Agreement for on-call construction inspection and other general inspection services with Onward Engineering, Inc. Attached hereto as Exhibit “A” is the Professional Services Agreement with Onward Engineering, Inc.

Section 2. The sum of twenty four thousand, four hundred and seventy dollar ($24,470 ) is hereby appropriated from the General Fund Reserves to fund the work contemplated by the Professional Services Agreement with Onward Engineering, Inc.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions. 100
PASSED, APPROVED, AND ADOPTED this 13th day of December, 2022 ______________________________
JAMES BLACK, M.D.

MAYOR
ATTEST:
___________________________

CHRISTIAN HORVATH

CITY CLERK
101
Exhibit A
102

CITY OF ROLLING HILLS

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 13th day of December, 2022 between the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and Onward Engineering, Inc. with principal offices at 300 S. Harbor Blvd., Suite 814, Anaheim, CA, 9280, hereinafter referred to as "CONSULTANT."

1. RECITALS:

A. The CITY desires to contract the CONSULTANT for on-call construction inspection and other general inspection services.

B. CONSULTANT is well qualified by reason of education and experience to perform such services; and
C. CONSULTANT is willing to render such on-call construction inspection and other general inspection services as hereinafter defined.

Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY hereby engages CONSULTANT and CONSULTANT agrees to perform the services set forth in this AGREEMENT.

2. SCOPE OF WORK
CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the specifications and the scope of work described in Request of Proposals Capital Improvements Construction and General inspection Services, attached herein as Exhibit A (hereinafter referred to as “SERVICES”).

3. COST
The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this AGREEMENT at the rates and in the manner established in the attached Scope of Work, attached herein as Exhibit A.

Total contract shall not exceed the sum of $24,470 during the Fiscal year 2022- 2023. This fee includes all expenses, consisting of all local travel, attendance at meetings, printing and submission of grants, which are accrued during that period. It also includes any escalation or inflation factors anticipated.

Any increase in contract amount or scope shall be approved by expressed written amendment executed by the CITY and CONSULTANT.
103

4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed within 30 (thirty) days of submitting an invoice to City for the SERVICES. CONSULTANT shall submit an invoice for the SERVICES within 10 (ten) days of completing each task or portion thereof identified in Exhibit A to this AGREEMENT. CONSULTANT shall submit invoices electronically to the City Manager of the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City Manager of the CITY.

5. SUBCONTRACTING
CONSULTANT may employ qualified independent subcontractor(s) to assist CONSULTANT in the performance of SERVICES with CITY’s prior written approval.

6. COMMENCEMENT OF WORK
CONSULTANT shall commence work under this AGREEMENT upon execution of this AGREEMENT.

7. PERFORMANCE TO SATISFACTION OF CITY
CONSULTANT agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified.

8. COMPLIANCE WITH LAW
All SERVICES rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal Law.

9. ACCOUNTING RECORDS
CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT’s California office during the contract period and thereafter for five years from the date of final payment.

10. OWNERSHIP OF DATA
All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY.

11. TERM OF CONTRACT
This contract shall be valid for the City’s Fiscal Year 2022-2023. 104

12. TERMINATION
This contract may be terminated by either party with or without cause upon seven (7) days written notice to the other party. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement.

13. ASSIGNABILITY
CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY.

14. AMENDMENT
It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties.

15. NON-SOLICITATION CLAUSE
The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

16. INDEMNITY
CONSULTANT shall indemnify and save harmless CITY, its elected and appointed officers and employees from all claims, damages, suits, cost or actions of every name, kind or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner that resulted from the fault or negligence of CONSULTANT, it officers, agents, employees and/or servants in connection with this AGREEMENT.

CITY shall indemnify and save harmless CONSULTANT, its officers, agents, employees, and servants from all claims, damages, suits, costs or actions of every name, kind, or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner that resulted from the fault or negligence of the CONSULTANT, its officers, agents, employees, and/or servants in connection with this AGREEMENT.

If CONSULTANT should subcontract all or any portion of the SERVICES to be performed under this AGREEMENT, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the term of the preceding paragraph. This section shall survive termination or expiration of this AGREEMENT. 105

17. INSURANCE
A. Without limiting CONSULTANT’S obligations arising under paragraph 16 - Indemnity, CONSULTANT shall not begin work under this AGREEMENT until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this AGREEMENT, and shall be maintained throughout the term of this AGREEMENT. Insurance coverage shall be as follows:
i. Automobile Liability Insurance with minimum coverage of $300,000 for property damage, $300,000 for injury to one person/single occurrence, and $300,000 for injury to more than one person/single occurrence.
ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT’S actions under this AGREEMENT, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $500,000. iii. Worker’s Compensation Insurance for all CONSULTANT’S employees to the extent required by the State of California. CONSULTANT shall require all subcontractors who are hired by CONSULTANT to perform the SERVICES and who have employees to similarly obtain Worker’s Compensation Insurance for all of the subcontractor’s employees.
iv. Professional Liability Insurance for CONSULTANT that at a minimum covers professional misconduct or lack of the requisite skill required for the performances of SERVICES in an amount of not less than $500,000 per occurrence.

B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence.

C. Additional Insured. City, its elected and appointed officers and employees shall be named as additional insured on policies referred to in subparagraphs A (i) and (ii).

D. Primary Insurance. The insurance required in paragraphs A (i) and (ii) shall be primary and not excess coverage.

E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this AGREEMENT, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the 106
AGREEMENT. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this AGREEMENT or procure or renew such insurance, and pay any premiums therefore at CONSULTANT’S expense.

18. ENFORCEMENT OF AGREEMENT
In the event that legal action is commenced to enforce or declare the rights created under this AGREEMENT, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court.

19. CONFLICTS OF INTEREST
No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed.

20. INDEPENDENT CONTRACTOR
The CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees or subcontractors, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY.

21. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT.

22. NOTICES.

All written notices required by, or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; the parties to this AGREEMENT shall promptly inform the other party of any change of address. All 107
notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this AGREEMENT is as follows:

CITY: Elaine Jeng, PE, City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
CONSULTANT: Onward Engineering
Attn: Majdi Ataya, PE, President
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805

23. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written.

CITY OF ROLLING HILLS CONSULTANT

CITY MANAGER PRESIDENT
______ _____ ________

ELAINE JENG, PE MAJDI ATAYA, PE
DATE:___________ DATE:_____________
ATTEST:
______ _____

CHRISTIAN HORVATH

CITY CLERK
APPROVED AS TO FORM:
______ _____

MICHAEL JENKINS, CITY ATTORNEY
108
Exhibit A
Scope of Work
Task 1: Serves as the City’s construction inspector for the emergency repair at 3 Middleridge Lane North, slated to start on November 14, 2022 and anticipated to complete by November 30, 2022. Provide site inspections to ensure contractor meets construction documents, industry standards and practices, safety measures per CalOSHA, NPDES (stormwater) requirements for a construction site, applicable city codes, and provide inspection reports to the City on a weekly basis.

Task 2: Serves as the City’s construction inspector for traffic improvements approved by the City Council. The Los Angeles County Public Works via the City’s General Services Contract will implement majority of traffic improvements in Rolling Hills. Provide inspections to ensure contractor meets construction documents, industry standards and practices, safety measures per CalOSHA, NPDES (stormwater) requirements for a construction site, applicable city codes, and provide inspection reports to the City on a weekly basis.

Task 3: Serves as the City’s inspector for the construction activities in the easement (term equivalent to public right of way in a non-private community), on an as-needed basis. Provide inspection reports to the City as appropriate. This task would include responding to residents’ inquiries, conducting site visits to private properties in connection with activities in the easement.

Task 4: Meeting with City staff as needed, maximum ten meetings over a twelve-month period.
109
Agenda Item No.: 7.H
Mtg. Date: 12/13/2022
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 A PROFESSIONAL SERVICES AGREEMENT WITH

BENNETT LANDSCAPE TO PROVIDE LANDSCAPING SERVICES FOR

THE CITY HALL CAMPUS
DATE: December 13, 2022
BACKGROUND:

The City requested proposals from qualified firms to provide weekly landscaping maintenance to the City Hall campus located at 2 Portuguese Bend Road, Rolling Hills, California. The City Hall campus is widely utilized by residents and visitors for events, informal social gatherings, tai-chi class, and as park space.

Between 2017 and 2020, the City Hall campus was poorly maintained, with diseased vegetation, broken irrigation lines and sprinklers. Repairs were made and replacement irrigation parts installed; diseased vegetation removed, and isolated new vegetation planted without a holistic plan for the entire campus. An outdated landscape drawing of the City Hall campus was included with the Request for Proposal (RFP) as Attachment 1. The City is lacking as-builts for the campus, including the existing irrigation system and plant palette.

In 2022, a survey of the existing irrigation system was conducted by a licensed landscape architect that resulted in a list of recommended actions to improve the operation of the system.

The survey was included with the RFP as Attachment 2. With limited open space, the City desires to keep the City Hall campus functional at all times. The City also desires an aesthetically pleasing campus with attention to details to the plant palette. The west side of the City Hall campus is one of the three main entryways to the community. Residents have expressed to staff that the rose bushes and ground covering adjacent to Portuguese Bend Road are the first visuals upon entering the city and this area should be reflective of the care that the city has for the greater community. The City released the RFP on August 22, 2022. All proposals were due no later than 3 pm on September 20, 2022.

The City received two responses to the RFP. The first from our current provider Bennett Landscape and the second from Stay Green Inc. whose clientele includes Palos Verdes 110
Estates and Rancho Palos Verdes. The proposals received were evaluated in 4 categories:

Expertise, Experience & Training Plus Prior Contracting History; Project Approach & Availability; Cost; and Compliance with RFP.

At the October 24, 2022 City Council meeting, the Council directed staff to provide them with the internal documents used to determine staff's recommendation. The council was provided with both proposals as well as a comparison spreadsheet and evaluation scoring documentation.

DISCUSSION:

At the November 14, 2022 City Council meeting, staff returned with the item and a recommendation to contract with Stay Green Inc. After testimony, consideration and comments, the Council unanimously voted to select Bennett Landscape for a one-year period and directed staff to prepare a professional service agreement.

FISCAL IMPACT:

There are sufficient funds budgeted for FY22/23 in the General Fund to cover the monthly Landscaping Maintenance fees as proposed.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CA_AGR_221213_PSA_BennettLandscape_Maintenance.pdf
111
Landscape Maintenance
Agreement
- 1 -

CITY OF ROLLING HILLS

AGREEMENT FOR LANDSCAPE MAINTENANCE
THIS AGREEMENT is made and entered into as of December 13, 2022, by and between the CITY OF ROLLING HILLS ("City") and Bennett Landscape ("Contractor").

R E C I T A L S
A. City desires to retain the services of Contractor to provide maintenance of landscaping services in the Civic Center Area (City Hall and Tennis Courts) in the City of Rolling Hills.

B. Contractor has represented to City that it has the expertise, experience, and qualifications to perform the services described in Paragraph A, above, and those services which are more fully described in this Agreement.

NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, City and Contractor agree as follows:

1. General Services. Contractor shall furnish all materials and perform all work required for maintenance of Civic Center Area and Tennis Court area landscaping, which services are more particularly set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. City expressly reserves the right to contract with other contractors for landscape services other than those described in this Agreement.

2. Payment. Contractor shall submit invoices monthly and the City will make payment for both services covered by this Agreement and any authorized extra work on a monthly basis, within 10 days of the close of the month in which work was performed.

Authorized extra work, such as tree trimming for trees over 15 feet, major irrigation repairs, tree removal, and other work not covered by this Agreement, may be performed at the written direction of the City and charges itemized separately as extra work on a monthly invoice. City reserves the right to seek other bids for these services from the successful bidder or from any other contractors.

A. Compensation. City shall pay to Contractor the sum of $1,139.67 per month based on weekly services rendered under this Agreement, representing total compensation for all work, labor, annual fertilizer, equipment, and expenses incurred by Contractor. Additional work and materials shall be provided as stated in Exhibit B. provided for in this Agreement may be authorized by City in writing and compensation therefor shall be agreed upon in advance by the parties.

B. Prevailing Wage. Contractor shall abide be the minimum prevailing rate of wages as determined by the State of California, Department of Industrial Relations for each craft, classification, or type of workman employed to carry out provisions of the Agreement. During the term of this Agreement, Contractor shall keep on file sufficient evidence of its employee 112
Landscape Maintenance
Agreement
- 2 -
compensation to enable verification of compliance of Prevailing Wages as established by State of California, Department of Industrial Relations.

3. Term and Termination. The term of this Agreement shall commence on December 14, 2022 and terminate on December 14, 2023 unless extended by mutual agreement of the parties. City may terminate this Agreement at any time, with or without cause. In such event, Contractor shall be compensated for work satisfactorily accomplished up to the time of termination.

4. Insurance. Contractor shall, at his expense, obtain and keep in force during the term of this Agreement, a policy of Comprehensive General Liability Insurance, a policy of Comprehensive Automobile Liability Insurance, and a policy of Workers’ Compensation Insurance as set forth more fully below:

A. Contractor shall maintain and deliver to the City copies of their Comprehensive General Liability Insurance with a combined single limit of not less than $1,000,000 covering bodily injury and property damage; insuring Contractor and the City against any liability arising out of the maintenance on the premises and all areas appurtenant thereto. Such insurance shall (a) name City, the Rolling Hills Community Association, and the City of Rolling Hills Estates, their appointed and elected officials, officers, employees, and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain standard cross liability provisions.

B. Contractor shall maintain and deliver to City Copies of Comprehensive Automobile Liability Insurance with a combined single limit of not less than $1,000,000 per occurrence.

Such insurance shall include coverage for owned, hired, and non-owned automobiles.

C. Contractor shall maintain Workers’ Compensation Insurance covering their employees for injuries arising out of and in the course of their employment with limits of not less than $1,000,000 per accident.

D. Contractor shall provide copies of said policies’ Certificates of Insurance. If Contractor, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of this Agreement. City, at its sole option, may forthwith terminate this Agreement and obtain damages from the Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

5. Indemnity. Notwithstanding the existence of insurance coverage required of Contractor pursuant to this Agreement, Contractor shall save, keep, indemnify, hold harmless, and defend City and its appointed and elected officials, officers, employees, and agents, from every claim or demand made and every liability, loss, damage, or expense of any nature whatsoever and all costs or expenses incurred in connection therewith, which arise at any time, by reason of damage to the property of, or personal injury to, any person, occurring or arising out of the performance by Contractor, its officers, agents, or employees, including, but not limited to, its subcontractors (hereinafter collectively "Contractor"), of the work required pursuant to this Agreement, occasioned by any alleged or actual negligence or wrongful act or omission by the Contractor, including any such liability imposed by reason of any infringement 113
Landscape Maintenance
Agreement
- 3 -
or alleged infringement of rights of any person or persons, firm or corporation, in consequence of the use in the performance by Contractor of the work hereunder of any article or material supplied or installed pursuant to this Agreement.

A. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith; B. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such claims, penalties, obligations, or liabilities; and, C. In the event City, its officers, agents, or employees are made a part to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence or wrongful acts of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including but not limited to, reasonable attorneys' fees.

6. Quality of Work Performed. All work shall be performed in accordance with accepted horticultural standards of quality and workmanship so as to maintain the landscape in the highest possible aesthetic condition.

7. Personnel. Contractor shall provide at all times sufficient landscape personnel with the skills and experience necessary to perform the various landscape activities for the full performance of this work. All personnel provided for the performance of this Agreement shall be employees of the contractor and contractor shall assume payment of all wages, taxes, and all other employee costs, unless otherwise provided.

Contractor shall hold harmless, indemnify, and defend the City against any liability or assessment connected with violations of Federal Statutes pertaining to alien/citizen status.

On-site personnel shall wear identifiable company uniforms including shirts, jackets, and caps, as necessary.

Frequent inspections of the site shall be made by an appropriate supervisor of the Contractor to assure adherence to schedules and policies by the crews performing the work. Supervisors shall be available to attend job walks with the City Manager or representative as necessary.

8. Work Schedule. Under normal conditions, the crews shall be on-site at various times to be determined by the City between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday (no Thursday mornings 7:00 a.m. to 1:00 p.m., Saturdays or Sundays permitted). Contractor shall observe the standard holidays and shall schedule work accordingly.

Contractor’s crews shall not work during inclement weather as damage to ground cover and turf areas may result. Contractor shall have a foreman visit the job site on Rain Days to turn off irrigation clocks and check for storm damage to the landscape. Storm damages noted shall be reported to the City.
114
Landscape Maintenance
Agreement
- 4 -

9. Licenses and Permits. Contractor shall maintain a State Landscape Contractor’s license and shall comply with all other license and permit requirements of the City, State, and Federal governments, as well as all other requirements of the law.

10. Taxes. Contractor agrees to pay all applicable taxes, including sales tax on material supplies where applicable.

11. General Requirements. Contractor shall comply with all City, State, and Federal laws in the performance of its services.

12. Assignment. This Agreement is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights or obligations of either party without the prior written consent of the other shall be void and of no force and effect.

13. Attorney's Fees. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court.

14. Non-discrimination. Contractor shall not discriminate in the hiring of employees or in the employment of subcontractors on any basis prohibited by law.

15. Independent Contractor. Contractor is and shall at all times remain as to City, a wholly independent contractor. Neither City nor any of its agents shall have control of the conduct of Contractor or any of the Contractor's employees, except as herein set forth.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City.

16. Notices. All notices and communications shall be sent to the parties at the following addresses:

CITY: City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
CONTRACTOR: Bennett Landscape
Attn: Sean A. Bennett
25889 Belle Porte Ave.

Harbor City, CA 90710

17. Authorized Signature. Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and corporate officers having a principal interest herein.

18. Entire Agreement; Modification. This Agreement supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and 115
Landscape Maintenance
Agreement
- 5 -
agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed by setting hereunto their names, titles, hands, and seals this 14th day of December, 2022.

CONTRACTOR:
______________________________________________________
Sean A. Bennett
President and Founder
Contractor's License No._________________
Agency Business License No._________________
Federal Tax Identification No._________________
CITY:
_________________________________
Elaine Jeng,
City Manager of the City of Rolling Hills
Attested:

__________________________________
Christian Horvath,
City Clerk of the City of Rolling Hills
Date: _________________
116
Landscape Maintenance
Agreement
- 6 -

EXHIBIT A
Scope of Work
I. Turf Management
Contractor is expected to perform the tasks listed below:

1. Mow the lawns weekly to maintain a neat and manicured appearance, weather permitting.

2. For all turf areas, inspect grounds for litter and debris prior to mowing and dispose of any litter or debris identified.

3. Mow all irrigated lawn areas to the finished cut height of no less than 1 ½” and no more than 2 ½”unless otherwise requested.

4. Cut lawn to a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented.

5. The lawn cutting height shall be appropriate to turf variety. The lawn edges shall be trimmed adjacent to walks, curbs, paving, headers, and shrub areas.

Immediately following each mowing, the areas shall be left in a neat and clean condition.

6. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

7. Extra care shall be taken to prevent edging wider than necessary margins around sprinkler heads, borders, and trees. Care shall be taken to prevent trimmer damage to tree trunks and structures.

8. Fertilizers shall be applied seasonally on a set schedule to maintain lawn strength, color, and vigor.

9. Fertilizers shall be watered in after the application at the next regularly scheduled watering period.

10. Both chemical and organic fertilizer materials may be used.

11. Contractor shall maintain a log of fertilizer use and provide log to City upon City’s request.

12. Broadleaf and grassy weeds, insect pests, and plant diseases shall be treated by application of approved pesticides.

13. Damage to lawns and ground cover due to circumstances beyond the Contractor’s control shall be repaired after agreement with the City as to payment for such work.

14. Lawns are to the thatched, scalped, and over-seeded in the Fall. 117
Landscape Maintenance
Agreement
- 7 -
II. Ground Covers and Shrubs
Contractor is expected to perform the tasks listed below:

1. On a monthly basis, prune and trim ground cover plants neatly away from shrubs, trees, walk-ways, walls, and headers.

2. Shrubs shall be pruned to maintain a natural shape and proper size as a continuous operation.

3. Pruning and shaping of shrubs shall be performed only as necessary to maintain the natural form of the plant, to maintain growth within space limitations, and to eliminate damaged or diseased wood.

4. Shrubs shall not be clipped into balled or boxed forms unless required by the design.

5. Ground cover and shrubs shall be kept trimmed and pruned back so as to not obstruct sprinklers, outdoor lights, fire hydrants, and electrical/telephone boxes.

6. Vines on City Hall shall be removed.

7. Damage to ground covers due to circumstances beyond the Contractor’s control shall be repaired after prior agreement with the City as to payment for such work.

8. Plants that are in a state of decline and are dead shall normally be removed if Contractor is satisfied that the property will benefit aesthetically. Contractor must notify the City first, and gain City approval, before plant are removed.

9. Shrub and ground cover areas shall be kept free of broadleaf or grassy weeds, preferably with pre-emergent and/or selective herbicides. Cultivation or hoeing weeds is not permitted.

10. Fertilizer shall be applied seasonally on a programmed and monitored basis or as required to stimulate growth.

11. Contractor shall maintain a log of fertilizer use and provide log to City upon City’s request.

III. Small Trees
Contractor is expected to perform the tasks listed below:

1. Maintain all trees and shrubbery to a measure of 15 feet in height or less.

2. Trimming of trees over 15 feet in height may be performed and invoiced as extra work following written approval by the City. City reserves the right to seek other proposals from other contractors for trimming of trees over 15 feet in height.

3. Trees shall be properly staked and tied as necessary. Tree ties shall be inspected at least three times per year to prevent damage caused by abrasion or constriction.
118
Landscape Maintenance
Agreement
- 8 -

4. Removal of tree stakes shall be considered as soon as possible to encourage tree development.

5. Trees and stumps requiring removal due to storm damage, proximity to buildings, walks, utilities, or other reasons shall be performed as directed and invoiced as extra work following written approval by the City.

6. Contractor shall inspect trees for insects and diseases. Approved chemical sprays shall be applied if required for common and controllable insect and disease infestations. Spraying shall be limited to one application. Additional treatments necessary due to unusual conditions may be invoiced as extra work following written approval by the City. Spraying shall be limited to trees measuring 15 feet or less in overall height.

7. The City may ask that a tree or large shrub be lowered to protect a view. If this requires a non-standard trimming practice that can result in deformity or seriously impact the health of the tree, the ultimate responsibility will be borne by the City.

8. Olive trees shall be sprayed in the spring to reduce the production of olives and shall be performed as part of the monthly service at no additional charge to the City.

9. Contractor shall not be responsible for tree damage caused by tree roots.

IV. Replacement
Contractor is expected to perform the tasks listed below:

1. Comply with the following requirement: any plant material that may expire, due to negligent maintenance procedures, shall be replaced by the Contractor, up to a maximum fifteen-gallon size plant, at no extra cost to the City.

V. Debris Control
Contractor is expected to perform the tasks listed below:

1. On a weekly basis, all lawns, planting beds, and walkways shall be cleaned of papers, bottles, excessive dust, and other types of debris.

2. On a weekly basis, rake and remove leaf debris after tree trimming.

3. As work in each area is completed, the clippings, trimmings, and debris shall be picked up and removed from the property at the end of each workday to leave a clean condition.

VI. Pest Control
Contractor is expected to perform the tasks listed below:
119
Landscape Maintenance
Agreement
- 9 -

1. A pervasive pest infestation that is out of the ordinary (e.g. an influx of snails, whitefly, and lerp psyllid, etc.) requiring repeated pesticide applications may be invoiced as extra work following written approval by the City. Contractor will bear the responsibility to hire a California licensed pest control and fumigation subcontractor when the application of services is deemed necessary.

2. Contractor’s employees and subcontractors shall exercise the proper use of chemical controls and spray equipment and take all established safety precautions.

3. Contractor shall assume all supervision and responsibility for the application of chemicals and insecticides that are used by Contractor’s employees and subcontractors in performing contracted work.

4. Contractor will not be held responsible for children or pets that may ingest pellets, granular products, or treated foliage, unless negligence on the part of the Contractor is the cause.

VII. Irrigation Systems
Contractor is expected to perform the tasks listed below:

1. Continually inspect the irrigation systems for broken and clogged heads, malfunctioning or leaking valves, or any other condition, which hampers the normal operation of the irrigation system.

2. The crew foreman shall manually sequence each automatic irrigation controller on a scheduled basis to ensure that the irrigation system facets are operating properly.

3. Contractor shall replace sprinkler heads damaged by normal landscape maintenance operations at no charge to the City.

4. On a monthly basis, Contractor shall inspect sprinkler heads and make adjustments, if necessary to conserve water and to provide the best possible coverage and least possible spray onto buildings, fences, and tennis courts while conserving water.

5. Contractor will not be held responsible for water damage resulting from sprinkler heads located in close proximity to structures that over-spray in an unavoidable manner.

6. Maintenance crew shall schedule watering area plant material on automatic irrigation controllers in quantities and frequencies consistent with seasonal requirements of the area plant materials.

7. Where practical, watering all vegetation shall be done at night or early morning if the system is automatic, or unless directed otherwise by the City. 120
Landscape Maintenance
Agreement
- 10 -

8. Repairs and/or replacement of automatic irrigation clocks, major valves, and major piping may be performed and invoiced as extra work following written approval by the City.

9. Minor replacement and repairs to sprinkler heads and pipes shall be performed at no additional cost to the City.

10. Maintenance crew must immediately report to the City any vandalism or accidental damage caused by others. Repairs may be made and invoiced as an extra charge following written approval by the City.

11. If the maintenance crew has determined that the automatic irrigation controller has failed or malfunctioned, the City shall be instructed as to location of clocks and backflow valves so that they may be turned off.

12. Contractor shall provide the City with a 24-hour emergency service telephone number and designate a company person to receive emergency calls.

Contractor agrees to respond to City emergency calls during normal business hours (7:30am to 5pm) and during non-business hours (5pm to 7:30am).

13. Contractor shall inspect and clean all drainage swales, grates, and rain gutters on all structures on and leading from the property.

VIII. Irrigation Systems
Contractor is expected to perform the tasks listed below:

1. Special Circumstances. Damage to landscape or irrigation systems caused by others, such as other contractors working on the property, may be repaired and invoiced as extra work following written approval by the City.

2. Stormwater Prevention. Pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit, Public Agencies are required to implement programs to minimize storm water pollution impacts from public agency activities, including from landscape facilities management. Therefore, Contractor shall ensure that no application of pesticides or fertilizers occurs immediately before, during, or immediately after a rain event or when water is flowing off the area to be applied. In addition, Contractor shall not apply any banned or unregistered pesticides or fertilizers.
121
Landscape Maintenance
Agreement
- 11 -

EXHIBIT B
122
123
124
Agenda Item No.: 7.I
Mtg. Date: 12/13/2022
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 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR PHASE 2 OF THE SANITARY
SEWER FEASIBILITY STUDY FOR A NOT-TO-EXCEED FEE OF $9,010; ADOPT BY RESOLUTION NO. 1318 AUTHORIZING A BUDGET
MODIFICATION OF $9,010.

DATE: December 13, 2022
BACKGROUND:

At the May 13, 2019 meeting, the City Council approved a Professional Services Agreement with Willdan Engineering for the Phase II Sanitary Sewer Improvement Feasibility Study. The completed study was submitted to the Sanitation District of Los Angeles County for a Will Serve Letter to accept effluent discharge from Rolling Hills at the County's treatment facility.

The County provided two Will Serve Letters: the first Will Serve Letter allows effluent discharge from the City Hall campus and from the Tennis Courts. The second Will Serve Letter allows for effluent discharge from existing 235 single family homes in Rolling Hills. The cities of Rolling Hills Estates and Torrance reviewed the study and the study was approved by the Los Angeles County Department of Public Works (LACDPW) on May 6, 2020.

The City released a Request for Proposal and engaged the services of NV5 in 2020 to provide engineering design for the 8-inch sewer main along Portuguese Bend Road/Rolling Hills Road from the Rolling Hills Community Association's (RHCA) main gate to the intersection of Rolling Hills Road and Crenshaw Boulevard. Since the commencement of the design work, NV5 has met the 65% design, 90% design, and the 100% design milestones. The design documents at various milestones were reviewed by the cities of Rolling Hills Estates and Torrance.

During the review process, the City of Torrance requested additional design services to address the utility conflict from upsizing downstream main lines near the corner of Rolling Hills Road and Crenshaw Boulevard. A proposal to amend NV5's professional services agreement was presented to the City Council on April 25, 2022 at which time the City Council directed staff to look at bifurcating the project into two construction phases. 125
Phase 1 would include the new 8-inch sewer main along Portuguese Bend Road from the RHCA's main gate to Lariat Lane in Rolling Hills Estates. Phase 2 would involve the downstream sewer improvements in the City of Torrance (upsizing existing sewer mains) along Rolling Hills Road from Lariat Lane to Crenshaw Boulevard.

Per the City Council's direction at the April 25, 2022 meeting, staff confirmed with the cities of Rolling Hills Estates and Torrance as well as LACDPW that the proposed 8-inch sewer main along Portuguese Bend Road/Rolling Hills could be phased as previously described on the condition that the Sanitary Sewer Improvement Feasibility Study prepared by Willdan Engineering be updated. All agencies wanted to confirm that the existing sewer main lines in Rolling Hills Estates and the City of Torrance have the capacity to accept effluent from the City Hall campus and the Tennis Courts (Phase 1) without upsizing.

In June 2022, Willdan Engineering provided a proposal to amend the Sanitary Sewer Improvement Feasibility Study for $9,010. At the June 27, 2022 meeting, the City Council reviewed Willdan Engineering's proposal and directed staff to bring this item back in six months.

DISCUSSION:

At the November 14, 2022 City Council meeting, staff returned as directed and the Council voted unanimously to Approve the proposal from Willdan Engineering and directed staff to prepare a professional services agreement.

FISCAL IMPACT:

The adopted Fiscal Year 2022-2023 budget did not include funds to amend the Sanitary Sewer Improvement Feasibility Study. This project requires an allocation of $9,010.00 from General Fund reserves. The $9,010.00 will be budgeted as a transferred out in the General Fund and will also be appropriated to the Sewer Feasibility Project accounted for in the City's Capital Improvement Fund (40). Reserve balances are well above the amount required by the revised reserve policy, and the use of reserves for this type of unexpected capital cost is in line with the City's budget policies.

RECOMMENDATION:

Adopt Resolution No. 1318 and approve as presented.

ATTACHMENTS:

ResolutionNo1318_Wildan_PSA01_BudgetAmendment_SanitarySewer.pdf CA_AGR_221213_PSA_Willdan_Amendment01_SanitarySewerFeasibilityStudy.pdf 126
RESOLUTION NO. 1318

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2022-2023

BUDGET MODIFICATION TO APPROPRIATE
$9,010 IN GENERAL FUND RESERVES TO THE

CAPITAL IMPROVEMENT FUND FOR THE FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WILLDAN ENGINEERING FOR

A FEASIBILITY STUDY FOR PHASED
CONSTRUCTION OF AN 8-INCH SEWER MAIN

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,

DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:

Section 1. Recitals.

A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time.

B. On November 14, 2022 the City Council received a report regarding amending the Sanitary Sewer Improvement Feasibility Study to Phase the Construction of the 8-Inch Sewer Main Project.

C. After the report the City Council directed staff to draft and bring back an Amendment to the existing Agreement with Willdan to phase the work.

Attached hereto as Exhibit “A” is the First Amendment to Professional Services Agreement with Willdan Engineering.

Section 2. The sum of nine thousand, ten dollars ($9,010.00) is hereby appropriated from the General Fund Reserves to the Capital Improvement Fund to fund the work contemplated by the First Amendment to Professional Services Agreement with Willdan Engineering.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions. 127
PASSED, APPROVED, AND ADOPTED this 13th day of December, 2022 ______________________________
JAMES BLACK, M.D.

MAYOR
ATTEST:
___________________________

CHRISTIAN HORVATH

CITY CLERK
128
Exhibit A
129

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (“First Amendment”) is made and entered into this 13th day of December, 2022, by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and Willdan Engineering a subsidiary of Willdan Group, Inc., a California corporation (hereinafter the “CONSULTANT”). CITY and CONSULTANT are sometimes referred to in this First Amendment individually as a “Party” and collectively as the “Parties.”

RECITALS
A. CITY and CONSULTANT have entered into that certain Professional Services Agreement for the Phase II Sanitary Sewer Improvement Feasibility Study last executed on or around May 13, 2019 (the “Agreement”)
B. The Parties now desire to amend the Agreement in order to amend the Agreement to provide a feasibility study to phase construction of the 8-Inch Sewer Main Project into two construction phases: (i) Phase 1 would be a new 8-inch sewer main along Portuguese Bend Road from the RHCA's main gate to Lariat Lane in Rolling Hills Estates; (ii) Phase 2 would involve the downstream sewer improvements in the City of Torrance (upsizing existing sewer mains along Rolling Hills Road from Lariat Lane to Crenshaw Boulevard and provide for additional compensation to CONSULTANT (“First Amendment”).

Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree the following terms, as set forth in this First Amendment.

1. Section 2 “Scope of Work” of the Agreement is amended to read as follows:

CONSULTANT shall provide the services described in the Scope of Services attached to the Agreement as Exhibit A and incorporated therein by reference. CONSULTANT shall also provide the following supplemental services (“Supplemental Services”) attached to this First Amendment as Exhibit B.

2. Section 3 “Cost” of the Agreement is amended to read as follows:

The CITY agrees to pay CONSULTANT for the Scope of Services attached to the Agreement as Exhibit A and incorporated therein by reference, an amount not to exceed $49,955.00. This amount was offset by a then balance of $17,535.00 remaining in CONSULTANT’S account. Accordingly the CITY will only make payments totaling $32,420 to CONSULTANT for completion of the work identified in Exhibit A of the Agreement. For the Supplemental Services attached to this First Amendment as Exhiibit B, the City shall pay an amount not to exceed $9,010. These amounts include the cost 130
for the services and all expenses, travel and mileage, attendance at meetings, and reimbursable expenses.

4. Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first written above.

CITY OF ROLLING HILLS WILLDAN ENGINEERING
__________________________ __________________________
ELAINE JENG, City Manager VANESSA MUNOZ, Director of Engineering

ATTEST:
__________________________

CHRISTIAN HORVATH

CITY CLERK
APPROVED AS TO FORM:
__________________________

MICHAEL JENKINS

CITY ATTORNEY
131

EXHIBIT B
132
May 5, 2022 Via e-mail: [email protected]
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 Design Capacity (pipe half full).
133
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:
134
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 effort. 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.
135
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
136
137
Agenda Item No.: 7.J
Mtg. Date: 12/13/2022
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: ACCEPT EMERGENCY STORM DRAIN REPAIR AT 3 MIDDLERIDGE

LANE NORTH AS COMPLETE, FILE NOTICE OF COMPLETION, AND
RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO EC

CONSTRUCTION
DATE: December 13, 2022
BACKGROUND:

The December 2021 rain storms caused three sinkholes on Middleridge Lane, North and South. Working with the Los Angeles County Department of Public Works to address the sinkholes, the department found a 1972 signed agreement between the Los Angeles County Flood Control District and Rolling Hills noting that the City is responsible for the maintenance of a storm drain line along Middleridge Lane North and South. The sinkholes, located adjacent to the roadway on Middleridge Lane South were caused by breaks in the subject storm drain line as with the sinkhole on 1 Middleridge Lane North. The City made emergency repairs on three areas of the storm drain system between February and April 2022.

Late afternoon Wednesday, September 21, 2022, resident Hamik Mukelyan of 3 Middleridge Lane North visited City Hall and reported sinkholes on the eastern side of his property. Mr.

Mukelyan's property is located next to 1 Middleridge Lane North, and during the emergency repairs in March 2022, Mr. Mukelyan connected with city staff and the property owner at 1 Middleridge Lane North about the work as it related to noise and duration of the work. In response to Mr. Mukelyan's report in September 2022, staff requested that Mr. Mukelyan provide photos of the reported sinkholes on his property. They are attached to this report. On Thursday morning, September 22, 2022, staff proactively submitted a Storm Drain Condition Assessment request with Los Angeles County Department of Public Works' City Service Request Tracking System. The request is currently under review.

To act on the report timely, staff asked for the assistance of a retired Public Works Inspector to visit Mr. Mukelyan's property. The site visit was held on Monday, September 26 following Mr.

Mukelyan's Thursday report. At the site visit, the segment of the subject drainage pipe at 3 Middleridge Lane North was observed to be on a steep slope, at the edge of the property line 138
between 1 and 3 Middleridge Lane North. Per Mr. Mukelyan the area was overgrown with vegetation, and not utilized. Mr. Mukelyan also noted that he recently had his gardener remove vegetation along the alignment of the drainage pipe and discovered two sinkholes.

Staff's site observation from site visit was that the two areas noted as sinkholes by Mr.

Mukelyan were likely caused by the subject drainage line given the age and condition of the pipe from the emergency repairs earlier this year.

Staff reviewed the Los Angeles County engineering plans to the drainage line at 3 Middleridge Lane North and noted that the segment of the pipe on the property drops significantly, elevation wise, from the segment on the neighbor’s property at 1 Middleridge Lane North. Staff also spoke with the EC Construction, the contractor that repaired the upstream segments of the pipe (1 Middleridge Lane North, and roadside adjacent at 1 Middleridge Lane South). EC Construction recalled that the pipe segment replaced at 1 Middleridge Lane North was nearly ten feet deep from the walking surface and that their crew reconnected the new pipe to the existing pipe approximately a foot west of the three-rail fence separating 3 Middleridge Lane North and 1 Middleridge Lane North. EC Construction noted that at the point of connection, the segment of the pipe on 3 Middleridge Lane North was intact for a secure connection.

At the October 10, 2022 City Council meeting, the Council made findings to perform Emergency repairs on 3 Middleridge Lane requiring the use of available General Fund Reserves. In a separate motion, the City Council also authorized the inspection of the storm drain system to assess the condition.

Staff contacted EC Construction who had performed the two previous emergency repairs earlier this year on two other segments that had failed and were causing similar issues. On Friday, October 14, EC Construction visited the site to make an assessment in preparation for an official cost estimate.

At the October 28, 2022 City Council Meeting, the Council Adopted Resolution No. 1312 for emergency work, adopted Resolution No. 1313 for a budget modification, appropriated $40,503.00 (included a 15% contingency) from the General Fund Reserves to Fund 40 for the repair, and directed the City Attorney to finalize a construction contract and authorize the City manager to execute.

DISCUSSION:

EC Construction completed the project during the week of November 14, 2022. The work completed and originally described ECC's estimate to repair the issue was as follows:

1. Remove existing vegetation as required to access damaged pipe.

2. Remove approx. 20 LF of white fencing and replace fencing after pipe installation.

3. Remove soil and approx. 55 LF of damaged 24” CMP. Damaged pipe removal will be from the connection of the new 24” pipe at the edge of the property on 1 Middleridge N to the existing concrete head wall structure.

4. Install approx. 55 LF of new 24” CMP and backfill with native soil.

5. Level off and regrade working area on 1 MIddleridge N.

On November 14, 2022, The City Council approved the selection of Onward Engineering to provide on call Inspection Services for capital projects including this emergency project. The project was completed on November 17, 2022, before the inspector could coordinate with EC Construction. Construction photos are available absent of an inspector's observation of the 139
work.

FISCAL IMPACT:

The repair to the storm drain line was an unexpected expense and not budgeted in the FY 2022-2023 adopted budget.

The final cost was $35,220.00.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

PW_DRA_221017_ECC_EmergencyEstimate_3MiddleridgeLaneN.pdf PW_DRA_221123_ECC_Invoice_CF_3MiddleridgeLane.pdf
PW_DRA_221213_3MiddleridgeLaneN_NoticeOfCompletion_D - Copy.pdf 140

BID PROPOSAL AND CONTRACT
2213 CHICO AVE./SO. EL MONTE, CA 91733
Phone: (626) 444-9596 Fax: (626) 444-3077
California Contractors License #366814
DATE: 10/17/2022
TO City of Rolling Hills JOB ADDRESS
2 Portuguese Bend Rd
Rolling Hills, CA 90274 3 Middleridge Lane N

We agree to furnish all labor, materials, equipment and supervision necessary to complete the following:

STORM DRAIN REPAIR

1. Remove existing vegetation as required to access damaged pipe.

2. Remove approx. 20 LF of white fencing and replace fencing after pipe installation.

3. Remove soil and approx. 55 LF of damaged 24” CMP. Damaged pipe removal will be from the connection of the new 24” pipe at the edge of the property on 1 Middleridge N to the existing concrete head wall structure.

4. Install approx. 55 LF of new 24” CMP and backfill with native soil.

5. Level off and regrade our working area on 1 MIddleridge N.

COST……$35,220.00
Exclusions: permits, inspection fees, SWPPP plan, engineering, survey, relocation of underground utilities, night or weekend work, concrete, slurry, and striping.

The above described work will be performed in a workman like manner and in accordance with standard practices.

TERMS: Unless credit arrangements have been made, in writing, in advance, the invoice for the work described herein is due and payable on presentation. 1 ½ % per month will be charged on a daily basis on all accounts or portions thereof not paid within 10 days of the date of the invoice.

Customer agrees to pay reasonable attorney fees and collection costs incurred by E.C. Construction Co. for the collection of both principal and interest due to customer’s failure to pay per this agreement.

Unless otherwise specified, if this proposal is not accepted within______15__________days from bid date, we reserve the right of cancellation.

APPROVE AND ACCEPTED Respectfully Submitted,
___________________________ E.C. CONSTRUCTION CO.

Date__________________20___ By_________________________ 141
142
143
(“President of,” “Manager of,” “A partner of,” “Owner of,” etc.)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is

3. The full address of the owner is

4. The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on . The work done was:

7. The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)

8. The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows:

9. The street address of said property is
(If no street address has been officially assigned, insert “none”) Dated:

Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 , at , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
144
Agenda Item No.: 10.A
Mtg. Date: 12/13/2022
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: PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 381 AND ADOPTION OF URGENCY ORDINANCE NO. 381-U AMENDING CHAPTER 17.28 OF THE ROLLING HILLS

MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE

ORDINANCES TO BE EXEMPT FROM CEQA
DATE: December 13, 2022
BACKGROUND:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). These bills include Assembly Bills 68 and 881 and Senate Bill 13—which went into effect on January 1, 2020. The City Council previously adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with this legislation.

Following the bills noted above, in 2020 and 2021 the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”) and Assembly Bill 345 (“AB 345”), respectively. Among other things, AB 3182 expanded the scenarios under which the City must allow certain ADUs and JADUs with only a building permit. AB 345 required cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26. Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer. In August 2022, the City Council adopted Ordinance No. 376, which further amended the City’s ADU and JADU regulations to comply with this legislation.

On November 15, 2022, the Planning Commission held a public hearing and voted, 5-0, to adopt Planning Commission Resolution No. 2022-20 to recommend that the City Council adopt the ADU Ordinance and find the action to be exempt from the California Environmental Quality Act (CEQA).
145
DISCUSSION:

In September 2022, the California Legislature approved, and the Governor signed into law, a new bill (“SB 897”) that further amends state ADU law (i.e., Government Code sections 65852.2 and 65852.22).

Among other things, SB 897: 1
Requires the City to allow certain ADUs to be higher—up to 18 or 25 feet, depending the situation;
Requires the City’s front setback requirement to yield for certain ADUs; Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; Removes the automatic repeal in 2025 (now the ADU statute is permanent); Prohibits the City from denying an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU; and In instances where a JADU will share a bathroom with the primary dwelling, the City must require the JADU to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.

As noted above, the City’s ADU and JADU regulations are codified in RHMC Chapter 17.28.

Included in Attachment 1 is an ordinance (“ADU Ordinance”) that amends Chapter 17.28 to comply with SB 897. Included in Attachment 2 is an urgency ordinance that makes the same amendments but includes findings that there is a current and immediate threat to the public health, safety, or welfare that justify the adoption of the urgency ordinance. Attachment 3 is a redline showing the ADU Ordinance’s revisions to the City’s existing ADU and JADU regulations. Attachment 4 is Planning Commission Resolution No. 2022-20 recommending approval of the ADU Ordinance to the City Council.

The code amendments provided in the ADU Ordinance are mandated by recent changes in state law. Consequently, staffs’ recommendation is for the City Council to adopt the ADU Ordinance.

ENVIRONMENTAL IMPACT
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the ADU Ordinance is statutorily exempt from CEQA in that the proposed ordinance implements state’s ADU law.
__________________
1 Both AB 2221 and SB 897 were signed into law, but AB 2221 has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later. AB 2221 was therefore “chaptered out.” But section 2.5 of SB 897 expressly includes, among others, changes to the ADU law that would have been made by AB 2221. Ultimately, only SB 897 is effective and relevant.
146
FISCAL IMPACT:

The ordinance amendment brings the Municipal Code into compliance with State law which protects the City from legal challenges.

RECOMMENDATION:

Open the public hearing, receive public testimony, close the public hearing, and make the following actions:

Find that the adoption of the ordinances is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17;
Introduce for first reading by title only Ordinance No. 381 regarding ADUs and JADUs; and
Adopt Ordinance No. 381-U regarding ADUs and JADUs.

ATTACHMENTS:

Attachment 1 - CL_ORD_381_ADU Ordinance_D2.pdf
Attachment 2 - CL_ORD_381-U_ADU Urgency Ordinance_D.pdf Attachment 3 - CL_AGN_CC_221213_REDLINE - ADU Code Amendments (SR Attachment)- c1.pdf
Attachment 4 - CL_RES_2022-20_PCResolution_ADU_Ordinance_111522_E.pdf 147
65277.00010\40820289.1
- 1 -
ORDINANCE NO. 381

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING CHAPTER 17.28 OF THE

ROLLING HILLS MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills (“2019 ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which further amended the City’s ADU and JADU regulations to comply with state law, including Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Senate Bill 897 (“SB 897”); and
WHEREAS, SB 897 imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and WHEREAS, this ordinance (“Ordinance”) amends the City’s ADU and JADU regulations to comply with SB 897; and
WHEREAS, on November 15, 2022, the Planning Commission conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the Ordinance. Following the public hearing, the Planning Commission recommended that the Council adopt the Ordinance; and
WHEREAS, on [insert], 2022, the City Council conducted a duly noticed public hearing to Consider the Ordinance, wherein it considered the staff report and supporting 148
65277.00010\40820289.1
- 2 -
documents, Planning Commission’s recommendation, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as follows:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

SECTION 3. General Plan. This Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

SECTION 4. Code Amendments. Chapter 17.28 of the Rolling Hills Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 5. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.

The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
149
65277.00010\40820289.1
- 3 -
SECTION 7. Effective Date. This Ordinance takes effect 30 days following its adoption.

SECTION 8. Certification. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance; cause the same, or a summary thereof, to be published or posted in the manner required by law.

PASSED, APPROVED and ADOPTED this __th day of __________, 20__. ____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk
APPROVED AS TO FORM:
________________________________
Michael Jenkins, City Attorney

150
65277.00010\40820289.1
- 4 -

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. 381 was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the __th day of _________, 20__, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Christian Horvath
City Clerk

151
65277.00010\40820289.1
- 5 -

EXHIBIT A
Amended ADU Regulations
(Follows this page)

152
65277.00010\40812719.3

Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

17.28.010 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

17.28.020 Effect of conforming.

An ADU or JADU that conforms to the standards in this section will not be:

A. Deemed to be inconsistent with the City's General Plan and Zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section

17.28.030(G) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

17.28.030 Definitions.

As used in this section, terms are defined as follows:

A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.
153
65277.00010\40812719.3

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than five hundred square feet in size.

2. It is contained entirely within an existing or proposed single-family dwelling.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family dwelling.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily dwelling in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in subsection (D) above.

F. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

G. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

H. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

I. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

J. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

K. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.28.040 Approvals.

The following approvals apply to ADUs and JADUs under this section:

A. Building-permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.28.050 below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-family Lot: One ADU as described in this subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
154
65277.00010\40812719.3

(a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and (b) Has exterior access that is independent of that for the single-family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

2. Limited Detached on Single-family Lot: One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above), if the detached ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. (b) The total floor area is eight hundred square feet or smaller. (c) The peak height above grade does not exceed the applicable height limit provided in section 17.28.050(B).

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(b) The peak height above grade does not exceed the applicable height limit provided in section 17.28.050(B).

B. ADU Permit.

1. Except as allowed under subsection (A) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Section 17.28.050 and Section 17.28.060.

2. The City may charge an application fee, adopted by resolution of the City Council, to reimburse it for costs incurred in processing ADU permits. 155
65277.00010\40812719.3

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The City must approve or deny an application to create an ADU or JADU within sixty days from the date that the City receives a completed application. If the City has not approved or denied the completed application within sixty days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or (b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty day time period established by subsection (C.2) above.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.28.050 General ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.28.040(A) or (B):

A. Zoning.

1. An ADU or JADU subject only to a building permit under Section

17.28.040(A) may be created on a lot in a residential or mixed-use zone.

2. An ADU or JADU subject to an ADU permit under Section 17.28.040(B) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

B. Height.

1. Except as otherwise provided by subsections (B.2) and (B.3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height.

2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is 156
65277.00010\40812719.3

located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

4. An ADU that is attached to the primary dwelling may not exceed twenty five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

5. For purposes of this subsection (B), height is measured above existing legal grade to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Owner Occupancy.

1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

2. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

3. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owneroccupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
157
65277.00010\40812719.3

G. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H. Building and Safety.

1. Must comply with building code. Subject to subsection (H)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No change in occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
158
65277.00010\40812719.3

17.28.060 Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under Section

17.28.040(B).

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this Section

17.28.060 is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling, subject to subsection (A)(3) below.

3. Application of other development standards in this Section 17.28.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percentage-based size limit in subsection (A)(2) above, or of an FAR, lot coverage limit or open-space requirement may require the ADU to be smaller than eight hundred square feet.

B. Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the total FAR of the lot to exceed forty-five percent, subject to Section 17.28.060(A)(3) above.

C. Setbacks.

1. Front Yard.
(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to this Section 17.28.060 may be located within thirty feet of the front property line.
(b) If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into the required front yard setback as necessary to enable the construction of an eight hundred square foot unit.

2. No part of any ADU subject to this Section 17.28.060 may be located within four feet of a side or rear property line.

D. Lot Coverage. No ADU subject to this Section 17.28.060 may cause the total lot coverage of the lot to exceed fifty percent, subject to Section 17.28.060(A)(3) above.

E. Minimum Open Space. No ADU subject to this Section 17.28.060 may cause the total percentage of open space of the lot to fall below fifty percent, subject to subsection Section 17.28.060(A)(3) above.

F. Passageway. No passageway, as defined by Section 17.28.030(H) above, is required for an ADU.

G. Parking.
159
65277.00010\40812719.3

1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.28.030(K) above.

2. Exceptions. No parking under Section 17.28.060(G.1) is required in the following situations:
(a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection Section 17.28.030(J) above. (b) The ADU is located within an architecturally and historically significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.28.040(A)(1) above. (d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When there is an established car share vehicle stop located within one block of the ADU.
(f) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria in subsections (G.2(a) through (G.2(e) above.

3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

H. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

6. Fencing, landscaping or privacy glass may be used to provide screening and prevent a direct line of sight to contiguous residential property.

7. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the California Register of Historic 160
65277.00010\40812719.3

Resources must comply with all applicable ministerial requirements imposed by the Secretary of Interior.

I. Landscape Requirements.

1. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(a) At least one, fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one, twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall.
(b) Plant specimens for screening must be at least eight feet tall when installed. As an alternative, a solid fence of at least eight feet in height may be installed.

2. All landscaping must be drought-tolerant.

3. All landscaping must be from the City's approved plant list.

J. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is on or within six hundred feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public rightof-way.

17.28.070 Fees.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.28.040(A) or Section 17.28.040(B).

A. Impact Fees.

1. No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this Section 17.28.070, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection 17.28.070(B)(1), converted ADUs on a single-family lot that are created under Section 17.28.040(A)(1) above are 161
65277.00010\40812719.3

not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in Section 17.28.070(B)(1), all ADUs not covered by Section 17.28.070(B)(2) above require a new, separate utility connection directly between the ADU and the utility.
(a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

17.28.080 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

A. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs constructed before 2018.

1. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(a) The ADU violates applicable building standards; or
(b) The ADU does not comply with state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.28).

2. Exceptions.
(a) Notwithstanding subsection (B.1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(b) Subsection (B.1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

17.28.090 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Section 17.28.010 through Section 17.28.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. 162
65277.00010\40876516.1
- 1 -
ORDINANCE NO. 381-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ROLLING HILLS AMENDING CHAPTER

17.28 OF THE ROLLING HILLS MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills (“2019 ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which further amended the City’s ADU and JADU regulations to comply with state law, including Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Senate Bill 897 (“SB 897”); and
WHEREAS, SB 897 imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and WHEREAS, SB 897 takes effect on January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend RHMC Chapter 17.28 to comply with SB 897. This ordinance so updates Chapter 17.28; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards 163
65277.00010\40876516.1
- 2 -
that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b); and
WHEREAS, on November 15, 2022, the Planning Commission held a duly noticed public hearing to consider the ordinance’s amendments to RHMC Chapter 17.28.

Following the public hearing, the Planning Commission voted to forward the code amendments to the City Council with a recommendation in favor of adoption; and WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as follows:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

SECTION 3. General Plan. This ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

SECTION 4. Code Amendments. Chapter 17.28 of the Rolling Hills Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This ordinance takes effect immediately upon its adoption and shall become operative on January 1, 2023. 164
65277.00010\40876516.1
- 3 -
SECTION 6. Publication. The City Clerk shall certify the passage and adoption of this ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

SECTION 7. Submittal to HCD. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

SECTION 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
(Continued on next page)
165
65277.00010\40876516.1
- 4 -
PASSED, APPROVED AND ADOPTED by the City Council of the Rolling Hills, California, at a regular meeting of the City Council held on the ____ day of _______, 20__ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
James Black, M.D., Mayor
ATTEST:
________________________________
Christian Horvath, City Clerk
APPROVED AS TO FORM:
________________________________
Michael Jenkins, City Attorney
166
65277.00010\40876516.1
- 5 -

EXHIBIT A
Amended ADU Regulations
(Follows this page)
167
65277.00010\40812719.3