County of Los Angeles - Department of Public Works
Building and Safety/Land Development Division
GRADING REVIEW SHEET
(2023 Los Angeles County Building Code, Residential Code, and Green Building Standards Code)
______________________________________________ _________________ __________________ __________________________________ SITE ADDRESS TRACT/PM NO. DISTRICT NO. GRADING PERMIT APPLICATION NO. __________________________________________________________________ (_____)_____________________________________________ DESIGN ENGINEER/APPLICANT TELEPHONE NO.
__________________________________________________________________ (_____)_____________________________________________ OWNER TELEPHONE NO.
_______________________________ ____________________________ __________________________ ________________________
EARTHWORK VOLUME DISTURBED AREA CHECKER PLAN CHECK EXPIRES ☐ ENGINEERED GRADING PROJECT DESCRIPTION ___________________________________________________ ☐ REGULAR GRADING
___________________________________________________
INSTRUCTIONS TO BUILDING AND SAFETY DISTRICT OFFICE PRIOR TO ISSUANCE OF GRADING PERMIT
1. Post a Grading Permit Security of $_______________. Based on ___________________C.Y. and drainage facilities at a cost estimate of $ ____________________. See enclosed “Fee and Bond Amount Worksheet”. (Section J103.7.3 of the County of Los Angeles Building Code)
2. A supplemental plan check fee of is required due to additional earthwork volumes of __________(cy) not included in original grading application and/or ____________ (hrs) due to additional plan review beyond the initial and second plan check. (Section 107 of the County of Los Angeles Building Code)
3. A site inspection fee is required for this project. (Section 107 of the County of Los Angeles Building Code)
4. The grading permit shall be based on a volume of_____________________ cubic yards of earthwork. Total grading volume is based on the larger of the cut or fill plus any over excavation volumes and alluvial removals.
5. This Grading Permit requires a Licensed Contractor. (See AM 30.04)
6. Provide an approved copy of the Erosion and Sediment Control Plan for grading activities during rainy season (October 15 - April 15).
7. The site is located within the California Coastal Zone. The Coastal Development Permit issued for this project site is CDP _____________________________.
8. Verify that the applicant has submitted the acknowledgment and acceptance forms concerning the employment of a Field Engineer and of Project Consultants with signatures of the owner and all consultants. See documents “A” & “B”.
9. Place a "Notice of Uncertified Fill" in the project address file identifying on-site uncertified fills. Refer to the enclosed plot plan identifying limits and depth of uncertified fills on this site.
10. See Agency Referral Sheet for all required agencies.
11. For Grading Projects in Rolling Hills: Grading permits shall not be issued unless the building plans corresponding to the proposed grading have been submitted for plan check. (City Requirement)
ONCE YOUR GRADING PLAN HAS BEEN APPROVED, CONTACT
THE LOCAL BUILDING AND SAFETY DISTRICT OFFICE FOR
ISSUANCE OF A GRADING PERMIT.
NOTE: PERMITTEE OR THEIR AGENT IS RESPONSIBLE FOR
ARRANGING A PRE-GRADE MEETING AND MUST NOTIFY THE
BUILDING OFFICIAL AT LEAST TWO BUSINESS DAYS PRIOR TO
THE PROPOSED PRE-GRADE MEETING.
APPROVAL STAMP AREA
(DO NOT WRITE IN THIS AREA)
197
Rev. 2/9/2023
INSTRUCTIONS
NOTE: APPLICATIONS FOR GRADING PERMITS FOR WHICH NO PERMIT IS ISSUED WITHIN ONE YEAR FOLLOWING THE DATE OF APPLICATION SHALL EXPIRE BY LIMITATION. (Section 106.4.1.1 of the Los Angeles County Building Code)
1. Corrections are required for circled item numbers. All corrections and comments identified on the returned check print must be incorporated into the plans. Revised plans must be resubmitted for review.
2. Return this review sheet along with check print, revised plans, reports, and all requested supporting information.
3. When responding to corrections or comments, a separate sheet of detailed explanation of corrections is encouraged.
4. Numbers in parentheses refer to Sections of the latest edition of the County of Los Angeles Building Code or Residential Code, i.e. (J101.1).
5. For any required forms mentioned below please see http://dpw.lacounty.gov/bsd/publications/index.cfm Note: After the second review, plans are checked on an hourly basis. Supplemental plan check fee will be collected prior to issuance of the grading permit. (107.6 & 107.9, Item 10).
ORIGINAL PLAN CHECK
SUBMITTAL DATE REVIEW DATE
REVIEW HOURS
1 2
3 4
5 EXTENSION
1 2
TOTAL ADDITIONAL HOURS FOR REVIEW
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ OUTSTANDING CORRECTIONS:
1 11 21 31 41 51 61 71 81 91
2 12 22 32 42 52 62 72 82 92
3 13 23 33 43 53 63 73 83 93
4 14 24 34 44 54 64 74 84 94
5 15 25 35 45 55 65 75 85 95
6 16 26 36 46 56 66 76 86 96
7 17 27 37 47 57 67 77 87 97
8 18 28 38 48 58 68 78 88
9 19 29 39 49 59 69 79 89
10 20 30 40 50 60 70 80 90
Your plans have been reviewed by ___________________________________.
Plan checker email [email protected], phone ___________________.
The plan checker is available for office hours and meetings. Please contact the plan checker via email or phone for questions and/or to schedule an appointment.
For all resubmittals through EPICLA, notify the Drainage and Grading Engineer via email.
FOR UP-TO-DATE Drainage and Grading Plan Check COUNTER HOURS, PLEASE VISIT http://dpw.lacounty.gov/bsd/offices/ AND SELECT THE APPROPRIATE OFFICE FROM THE INTERACTIVE MAP. 198
AGENCY APPROVALS – SEE SEPARATE AGENCY REFERRAL SHEET
THIS NOTICE IS TO INFORM YOU THAT APPROVAL FROM THE AGENCIES MARKED ON THE SEPARATE AGENCY
REFERRAL SHEET, IN ADDITION TO GRADING PLAN CHECK APPROVAL, MUST BE OBTAINED PRIOR TO PERMIT ISSUANCE. Pursuant to California Government Code Section 65913.3, if review of the permit application is required by a State Agency or Other Agency, as marked below, the applicable time limits for review of the application are tolled until the applicant provides Building and Safety with a copy of the Agency approval. Issuance of this agency referral sheet shall serve as formal notice of tolling. You may need to submit the pertinent plans, plan check number, calculations, reports, etc., directly to these agencies. Follow-up is your responsibility.
Please be aware that some items resulting from these agency plan reviews may affect your grading plan check. These should be communicated to your Drainage & Grading Plan Check Engineer as soon as possible to prevent unnecessary delays. Submit all agency approvals 48 hours prior to permit issuance. Notify the Plan Check Engineer once all agency approvals have been submitted, request to verify approvals.
1. Add the following note to the plans:
PRIVATE AND UTILITY EASEMENTS
2. Any proposed work within a Private Easement requires permission letters and/or covenants from easement holder.
Permission from the easement holder may not be required if it can be shown the proposed construction work is consistent and in conformance with the intended easement use. Copies of recorded easements shall be submitted for review. Grading plans must show all bearings, distances, (linear and curve data) for the entire easement(s).
The following note shall be added to the grading plan:
“As Civil Engineer/Land Surveyor of this project, I have identified the location of all easements which are depicted on these plans. I have reviewed the easement documents and verified the proposed construction does not conflict or interfere with the intended easement use.”
__________________________________________________ ______________________ Civil Engineer/Land Surveyor (Stamp and Signature) Date
3. Any proposed work within a Utility Easement requires permission letters and/or covenants from easement holder.
UTILITIES
4. Utilities, such as water, electrical, plumbing, mechanical, and sewer shown on grading plans, may require a separate permit. Add note on grading plans/utility plans which labels the utilities are provided for reference only and separate permits may be required.
GRADING DOCUMENTATION
CONTRACT CITY REQUIREMENTS
5. Provide copy of City conditions/resolution, for proposed project. (Conditional Use Permit, Tentative Conditions, plot plan - “Exhibit A” or City Planning Approval) All applicable planning conditions, which affect or impact the proposed project grading or drainage must be incorporated into the project grading plans. Project grading plans can not be approved until it can be verified all City planning conditions (As applicable) are satisfied.
6. Obtain and provide planning approval from City of________________________________________________.
GRADING VOLUME, AND BOND DETERMINATION
7. Submit volume calculations (signed and stamped by a registered civil engineer). A supplemental plan check fee will be required for additional volumes not identified on the original grading application.
Note: Grading permit application, permit fees, and grading securities (bonds) are based on the larger of the cut and fill volumes plus (+) the amount of over-excavation/alluvial removal and recompaction.
For grading projects where the volume of earthwork handled exceeds 1000 cubic yards or as required by the Building Official, a grading permit security (bond) is required (J103.7). The amount of security required for a grading permit will be provided upon grading plan approval. Grading Bond must be submitted at the Local Building and Safety Office prior to issuance of grading permit. Standard Bond documents are available at http://www.dpw.lacounty.gov/bsd/publications/index.cfm. Search for Grading Permit Security document (GPS Security.pdf)
8. Submit a cost estimate of all drainage devices (such as catch basins, drain pipe(s), inlets and outlets, energy dissipators,constructed per the grading plans that are not to be maintained by the Los Angeles County Flood Control District. (J103.7.3)
OFFSITE WORK
9. Proposed project construction requires offsite work or grading outside the limits of the property line. A grading permit is required for each site. (J103.1) In lieu of separate grading permits for each property, notarized and recorded covenants from the owners of the properties involved may be provided for minor grading as determined by the Building Official.
Any proposed construction that changes or alters the existing drainage pattern to adjacent (off-site) property requires a notarized and recorded offsite drainage release covenant or easement from the owner of adjacent property.
ENGINEER’S/SURVEYOR’S STATEMENT REGARDING THE PRESENCE OF MONUMENTS WITHIN PROJECT LIMITS
I HEREBY ATTEST THAT I HAVE LOCATED AND REFERENCED ON THESE PLANS THE MONUMENTS EXISTING
PRIOR TO CONSTRUCTION TO ENSURE PERPETUATION OF THEIR LOCATION IN ACCORDANCE WITH SECTION 8771 OF THE BUSINESS AND PROFESSIONS CODE. I FURTHER ATTEST THAT I HAVE PERFORMED A RECORD SEARCH AND FIELD INSPECTION TO IDENTIFY EXISTING MONUMENTS; SHALL SET SUFFICIENT CONTROLLING, WITNESS, AND PERMENANT MONUMENTS; AND SHALL FILE THE REQUISITE CORNER RECORD OR RECORD OF SURVEY OF THE REFERENCES WITH THE COUNTY SURVEYOR.
_____________________________________ _____________________
ENGINEER/SURVEYOR SEAL & SIGNATURE DATE
199
Covenant documents are available at http://www.dpw.lacounty.gov/bsd/publications/index.cfm. Search for Offsite Covenants (Offsite Covenants.pdf)
Note: Structures that extend offsite require separate permits and may not be allowed under offsite covenants.
TRACT OR PARCEL MAP GRADING PLANS
10. A copy of the following items must be provided for reference with your grading submittal: (Plans can not be approved until a copy of the conditions has been provided.)
❑ Approved tentative map & conditions and/or conditional use permit (CUP) ❑ A copy of the Final Tract or Parcel Map
❑ Approved Hydrology, storm drain plans, street plans, (If submitting revised grading plans a copy of the approved grading plan should be provided).
11. The proposed graded pad elevations and contours do not substantially conform to the approved tentative map. Obtain and submit Regional Planning approval. Department of Regional Planning, 320 W. Temple, Hall of Records, Los Angeles (213) 974-6411
12. All conditions of tentative approval for the subject property must be incorporated on the plans. Plans do not conform due to the following:
________________________________________________________________________________________________ ________________________________________________________________________________________________
13. Deed Restrictions for the private maintenance of drainage devices on lots will be required prior to Tract clearance by the Drainage and Grading Unit. Place the following note on the plans "Deed Restrictions are required for Lots _________________________________________________ for private maintenance of drainage devices.
14. Screen walls specifically required by the conditions of approval for Tracts or Parcel Maps must be shown on, and bonded per grading plans.
15. Show and label on grading plans all dedicated “open space” lots.
16. For subdivision projects, all improvements within street right-of-way or storm drain easement must be labeled "Construct per The Approved Street Plans" or “Construct per the Approved PD No_________”
MISCELLANEOUS DOCUMENTATION
17. Prior to issuance of grading permit by the local Building and Safety District Office, obtain and provide the following:
a. Submit, with signatures of the owner and all consultants, the acknowledgment forms concerning the employment of a Design/Field Engineers and Project Consultants. See attached copies of consultant forms (Documents “A” and “B”) to be submitted at the local Building and Safety Office prior to issuance of the grading permit. b. The grading application has expired. Plans will not be reviewed until an extension (if eligible) or new plan check fees are paid. (106.4.1)
c. Uncertified fill is present on the site. A Restricted Use Area “RUA” Covenant is required. A draft copy of the covenant including all exhibits, which identify limits of depth of the uncertified fills, must be reviewed and approved prior to recordation.
d. Obtain Sewer Demolition Permit from building and safety for the existing septic tank or seepage pit to be abandoned.
GENERAL REQUIREMENTS TO BE SHOWN ON THE PLANS
18. The following information is to be included on the Cover Sheet of the grading plans. (J104.2.3) a. Add all applicable grading notes and completed Grading Project Information to the cover sheet (first sheet) of grading plans, see enclosed grading notes and project information. Cover sheet should have a Title Block for Design Engineer which includes designers name, company, and phone number. b. Provide a vicinity sketch which clearly shows project site location. c. Provide benchmark information and reference all information utilized to determine survey elevations. If multiple benchmarks were utilized, benchmarks should be indicated on all pages as applicable. d. A legend must be provided that identifies existing and proposed contours, cut/fill daylight lines, over-excavation limits, wall location, property lines, right-of-ways, easements, County/City boundaries, utilities, storm drains, etc. e. Provide an index map that clearly identifies project boundaries and page locations of proposed grading.
19. The following general information or details must be included on the grading plans. (J104.2.3) a. Prior to grading plan approval, all sheets of grading plans and calculations must be stamped and signed by a California Registered Civil Engineer, Soils Engineer, and Geologist. b. Boundary lines, tract boundaries, lot lines, county/city boundaries, road right-of-way lines, and easements must be identified and labeled on plans.
c. Show existing contours of entire site. Clarify between original (natural) and proposed contours. All existing grading must be permitted and meet current Code requirements.
d. North arrow and scale of plans. Plan scale shall be 1"≤40'. e. Clearly indicate location of any existing or proposed structures on the site and any structures on adjacent land within 15 feet of the property line.
f. Show location of existing and/or proposed septic tanks, pits, and leach fields. 200
g. Show location, specify trunk diameter and tree number, show and label canopy (dripline) and protected zone of all protected trees on grading plans. All work which impacts these protected tree specicies must be per an approved Planning Approval.
h. Show legal and physical access from subject lot(s) to a publicly maintained street. (Note: Details of access are not required on the grading plans, if separate street plans are being processed through Land Development Division)If access to subject lot extends through adjacent lot(s), provide the following information:
• Show all access easements information on plans including easement bearings, distances, curve data and easement description.
• Provide a list of all existing onsite easements document numbers and recording dates. i. Show location, width, slope of access road, and Fire Department turn-around. In areas where access is difficult due to the topography, Fire Department approval is required prior to grading approval and will be indicated below.
20. The following Geotechnical/Geological information or details must be included on grading plans. (J104.3) a. Show subdrains under all fills to be placed in natural drainage courses unless the soils engineer specifically recommends the omission of such drains. (J107.2) Provide a detail of subdrain construction and materials as recommended by the soils engineer. The outlet should be embedded in concrete for its protection. Details and location of the outlet must be shown on plans.
b. Fill placed over existing terrain steeper than 5:1 gradient and fill exceeding 5 feet in depth must be properly keyed and benched into bedrock or other competent material. Provide a keying and benching detail with all dimensions as determined by a Soils Engineer. (J107.3)
c. Combination fill-over-cut slopes cannot be approved unless specifically recommended by the soils engineer and geologist. Provide a cross-sectional detail of each slope as shown on the plan. d. Show location and cross-sectional detail of all buttress fills, stabilization fills, blanket fills (seals), shear keys, and/or other similar protective measures recommended by the project geologist or soils engineer. Plan view should clearly identify limits and location of all keyways and other protective measures. e. No oversized material is to be placed into proposed fills unless specifically recommended and inspected by a Soils Engineer and approved by the Building Official. If recommended by the Soils Engineer, indicate the location of rock disposal area(s). Include the elevations, extent, compaction methods, and cross-sections. As-graded plans must show the exact location and elevation of rock disposal area(s). f. Outline the proposed area to be over-excavated and recompacted in the plan view and show the depths clearly in either plan or a profile view as recommended by the soils engineering and/or geological report. This includes alluvium and colluvium removals.
g. Show location of cut-fill contact (daylight line) using special lines and indicate cut and fill side of line.
21. All graded slopes shall be shown on the plans as follows:
a. Define slopes by finished/proposed contour lines.
b. Specify proposed slope angle ratio of all cut and fill slopes (use ratio of horizontal to vertical distance). c. Label proposed slopes as "cut" or "fill."
d. Indicate proposed cut and/or fill slope areas on plan by shading. e. Show and label slope setbacks from top and/or toe of both existing and proposed slopes to property lines or building locations. Setbacks must conform to minimum requirements of LACBC Sections J108 and 1808.7, and LACRC Section R403.1.7. Encroaching into the setback from a property line will require a notarized and recorded offsite covenant from adjacent property owner accepting the encroachment. f. For slopes with a surface gradient steeper than 2:1, the Geotechnical Engineer shall submit satisfactory soil test data and engineering calculations to substantiate the stability of all such slopes and slope surfaces under saturated conditions. (J106.1)
g. No fill may toe out on existing terrain that has a slope steeper than 2:1, unless substantiated by a Registered Soils Engineer and approved by the Building Official. (J107.2)
22. Site Development and Grading shall be designed to provide access to all entrances and exterior ground floor exits for structures, and access to normal paths of travel (11B-206). The following Accessibility details must be included on the grading plans.
a. Surface slopes of accessible parking spaces shall be the minimum possible and shall not exceed one unit vertical to 50-units horizontal (2-percent slope) in any direction. (11B-502.4) b. Ramp shall not encroach into any accessible parking space or the adjacent access aisle. The maximum cross slope in any direction of an accessible parking space and adjacent access aisle shall not exceed 2 percent. (1109A.8.2)
c. Provide a bumper or curb in each parking area to prevent encroachment of cars over the required width of walkways. (11B-502.7.2)
d. Provide a continuous common surface for walks and sidewalks, not interrupted by steps or by abrupt changes in level exceeding ½”. (11B-403) Should change not exceeding ½” occur, they shall be beveled with a slope no greater than one unit vertical to 2 units horizontal (50 percent), except that level changes not exceeding ¼” may be vertical. (11B-403.4, Fig 11B-303.2 & 11B-303.3)
e. Provide a curb ramp for abrupt changes in level greater than ½”. (11B-303.4) f. Walk and sidewalk surface cross slopes shall not exceed ¼” per foot. (11B-403.3) g. Walks, sidewalks, and pedestrian ways shall be free of gratings whenever possible. For gratings located in the surface of any of these areas, grid openings in gratings shall be limited to ½” in the direction of traffic flow. If 201
gratings have elongated openings, they shall be placed so that the long dimension is perpendicular to the dominant direction of travel. (11B-302.3, Fig 11B-302.3) h. Maximum slopes of adjoining gutters, road surface immediately adjacent to the curb ramp or accessible route, shall not exceed one unit vertical to 20 units horizontal (5 percent slope) with 4 feet of the top and bottom of the curb ramp. (11B-406.2.1) The slope of the fanned or parallel curb ramps shall not exceed one unit vertical to 12 horizontal (8.3 percent slope). (11B-406.3.1 & 11B-406.4.1) i. The maximum slope of a ramp that serves any exit way, provides access for persons with physical disabilities, or is in the accessible route of travel shall be 1 foot rise in 12 feet of horizontal run (8.3 percent gradient). The least possible slope shall be used for any ramp. (11B-405.2)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS
STORM WATER POLLUTION PREVENTION REQUIREMENTS
23. All active grading projects with grading proposed within the rainy season, October 15 to April 15, require an Erosion and Sediment Control Plan (ESCP). Grading permits will not be issued until ESCPs are approved or details for erosion control are included with the grading plan. (J110)
Grading projects with a disturbed (graded) area 1 acre or greater may use a State SWPPP to meet ESCP requirements.
24. The following requirements to control and protect pollutants generated from grading construction activities are based on the project size:
a. For small residential construction sites with a disturbed (graded) area less than one acre, stormwater pollution control measures (BMPs) must be incorporated on the site during construction. Attached Best Management Practice (BMP) notes must be placed on plans. (see attached BMP notes) b. For all new Non-residential projects with an area less than one acre, an ESCP must be reviewed and approved prior to approval of the grading plans. Please see enclosed ESCP review sheet. (LACGBC 5.106.2) c. For all construction sites with a disturbed (graded) area of one acre or greater or as determined by the building official, an ESCP must be reviewed and approved prior to approval of the grading plans. Please see enclosed ESCP review sheet.
d. For projects with one acre or greater of disturbed area, a State Storm Water Pollution Prevention Plan (STATE SWPPP) must be prepared and a “Notice of Intent” (NOI) filed with the State Water Resources Control Board. Prior to grading approval applicant must file a NOI and obtain a Waste Discharger identification number (WDID) from the State Water Resources Control Board.
DRAINAGE REQUIREMENTS
GENERAL
25. The following drainage information or details must be included on grading plans. (J104.2.3) a. Show contours, topography, elevations, flow lines, & flow arrows as necessary to define site drainage. b. Provide complete construction details of all drainage devices proposed on project grading plans. Plan must show materials, dimension, location, construction notes, cross sections, and elevations needed to construct proposed devices. All drainage devices must be defined by showing finished flow line elevations and slopes. Plans must reference LACDPW or Standard Plans for Public Works Construction (APWA standards) as applicable. Complete details for all other proposed devices must be shown on plans. Plans must include all applicable notes and specifications.
c. Show the location of any existing or proposed storm drains and associated easement and reference them on the plans. Show all details including pipe sizes, invert elevations, type of construction material, inlet and outlet structures, energy dissipater, profiles, etc.
d. Provide a cross-section of access road to define drainage. e. Clean outs are required at all points of closed drains where the grade changes from a steep to a relatively flat slope.
The manhole(s) or cleanout(s) must be detailed on the plans and easily accessible. Clean outs must be provided every 50 feet for residential projects.
f. Provide concrete interceptor swales, to handle tributary flow and debris at locations shown on the plans. Concrete swales are required to be paved with three (3) inches minimum thickness of concrete or gunite with minimum reinforcement of 6 x 6 - 10/10 welded wire fabric (WWF). Details of concrete swale(s) must be shown on the grading plan.
g. Show flow elevation of all drainage devices at inlets, outlets, grade breaks and at 100' intervals where applicable. h. Define roof drainage. Show down spout and location of discharge to ground surface which shall be at least 5 feet from foundations walls or to an approved drainage system. Unless otherwise recommended by a Geotechnical Engineer (LACRC R801.3).
26. Drainage is not permitted to sheet over any manufactured slope except in approved devices. Concentrated drainage is not permitted to discharge onto any graded slope. Berms, interceptor drains, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of a slope. a. A paved interceptor drain is required at the top of graded slope(s). Interceptor drains shall be installed along the top of graded slopes greater than 5 feet in height receiving drainage from a slope with a tributary width greater than 30 feet measured horizontally. Interceptor drains shall be a minimum depth of 1 foot and a minimum width of 3 feet.
The interceptor drain slope shall not be less than 50 units horizontal to 1 unit vertical (2 percent) and must be paved with three (3) inches minimum thickness of concrete or gunite with minimum reinforcement of 6x6 - 10/10 welded wire fabric (WWF). Details of interceptor drain(s) must be shown on the grading plan (J109.3) b. An earthen berm at the top of fill slope for slope protection. Earthen berms shall not be less than 12 inches above the level of the pad and shall slope back at least 4 feet from the top of the slope. (J109.3) 202
27. Clearly define drainage pattern at the property line(s). Define offsite drainage pattern tributary to subject site. Plans should clearly define off site areas that contribute to the site by showing, contours, elevations, or flow lines & arrows as applicable.
Plans must demonstrate how tributary drainage will be conveyed through and around the proposed site. If applicable, an offsite map at a scale of no less than 1"=1000' may be used to define the offsite tributary areas. A scale greater than 1"=1000' will be required if contours or elevations are insufficient to establish flow conditions.
28. Cut-off walls are required on all inlet and outlet structures. Details must be shown on plans.
29. Velocity reducers (i.e. energy dissipaters) are required where drains discharge onto natural ground. If riprap is to be used specify class and size. Outlet velocities from proposed drainage devices must be designed to minimize erosion. Show on plan and provide cross section detail which shows thickness, length, and embedment depth of rocks.
30. Provide parkway drain per county/city standards (If located in Road Right of Way a separate permit for work will be required, see Agency Referral Sheet).
DRAINAGE ANALYSIS
31. Any alteration of the natural drainage pattern, as a result of the proposed grading and construction requires a drainage release covenant (See item # 9). Hydrology/hydraulic analysis are required to determine if changes in Pre-development and Post-development conditions have occurred. (J109.4)
32. Submit hydrology and hydraulic calculations for sizing of drainage devices proposed on the grading plans. Hydraulic Analysis should be provided for sizing of all pipes, inlets, swales, energy dissipaters, parkway drains, cutoff walls, levee linings, or other proposed drainage devices. (Calculations should be signed and stamped by a Civil Engineer registered in California.)
33. Proposed project has grading or structure located near or within in a flood hazard. Provide hydrology/hydraulic analysis for determining flood hazard limits and impacts due to the proposed project. Grading or structures inside a flood hazard area must be protected. Plans showing for protecting or removing the Flood Hazard must be prepared by a California Registered Civil Engineer and demonstrate structures are adequately protected. Details of all protective measures must be shown on the grading plans.
34. This property is in a Federally Designated Special Flood Hazard Area. Buildings and structures constructed in whole or in part in flood hazard areas must comply with LACBC Sections 1612 and LACRC Section R322.1.9. All work within Zone A must meet requirements of the National Flood Insurance Program (NFIP), Chapter 44, Section 60.3. The minimum floor elevation for proposed structures shall be________________ per Bench Mark reference no. _________________, FIRM panel No. _____________, Flood Zone_______________, Floodway name_______________ or as determined in accordance with Sections 1612.3.1 and R322.1.4.1. An elevation certificate will be required to be filed at the local office of Building and Safety Once the finished floor elevation has been established. The certificate must be completed by a California Registered Civil Engineer or a Land Surveyor as per Sections 1612.5 and R322.1.9. Provide hydrology/hydraulic analysis to determine the water surface elevation.
❑ Place the following note on the cover sheet:
This site is in a Federally Designated Special Flood Hazard Area. All future buildings, and other structures (including walls and fences) proposed within Zone A must meet requirements of the National Flood Insurance Program (NFIP), Title 44, Section 60.3 and Title 26, Sections 110.1 and 110.2 of the Los Angeles Building Code.
35. The proposed Tract or Parcel Map grading work impacts or encroaches into the Federal Designated Flood Zone "A." It will be necessary to process a Conditional Letter of Map Revision (CLOMR) before this grading plan can be approved. Please see attached information for processing CLOMRs (may be required for large single lot developments as determined by the Building Official).
36. For items #31 through 35 above the following analysis is required:
a. A hydrology study per LACDPW Rational or Modified method is required. See LADPW Hydrology Manual for requirements. The Rational Method may be used for sub areas less than 40 acres and when storage routing is not necessary. Time of Concentrations may be determined using the “Hydrocalc Program” which is available at:
http://www.dpw.lacounty.gov/wrd/publication/
b. A gradual varied flow analysis is required (WSPG, HEC-II & HEC-RAS or an approved program) The analysis shall address adverse effects on the grading and adjacent properties. Proposed structures shall be designed with considerations of flood forces i.e.: impact, scour, and buoyancy.
LOT DRAINAGE
ROUGH GRADED PADS
37. Label sufficient pad finish spot elevations to verify pad area will have a minimum slope of 2% toward the intended drainage outlet. Label rough graded pad slope, 2% minimum. (J109.5)
FINE (PRECISE) GRADED PAD
38. Show location of proposed structure(s) on building pad(s). Buildings, foundations, pools and building footings must comply with slope setback requirements (1808A.7 and R403.1.7) and building setback requirements per (Title 22, Zoning Code).
Define fine drainage around structure by providing flow directional arrows and appropriate flow line elevations of graded swale to verify slope from the high point to the point of outlet. All graded swales must have a minimum slope of 1% towards street or acceptable outlet and side slopes of 2% minimum and 21% maximum. Paved (concrete) surfaces may drain away from structures at a minimum slope of ½%. Specify graded swales high point elevations and graded swale elevations at building corners. Alternate setbacks shall be approved by GMED in accordance with 1808A.7.5.
39. Provide a detail of typical side swale between adjacent lots.
40. Label the finish floor (FF), finish pad (FP) elevations and adjacent grades to proposed buildings.
41. Provide a minimum grade fall of 6 inches within the first 10 feet from foundation wall. Show flow arrows to define drainage pattern around proposed structures. (LACRC R401.3 – See allowable exceptions) 203
42. Show a detail on the plan of paved side swales when a stoop, fireplace, A/C unit, or other obstruction is within five feet of the property line and/or top or toe of slope.
SUMP CONDITIONS & PUMPS
43. The project requires a sump pump to outlet drainage from the site. Submit sump pump sizing calculations along with pump manufacturers design information and rating curves. Plans must show complete details for sump pumps on the plans including, pipes, valves, dimensions, material type and size, elevations, cross sections, and construction notes. A separate electrical permit from Building and Safety is required. Calculations must be prepared, signed, and stamped by a California Registered Civil Engineer. A recorded covenant is also required for maintenance of the Sump Pump. A draft copy of the covenant including all exhibits must be reviewed and approved prior to recordation.Sump Pump Manual (6-15-2016).pdf (lacounty.gov)
TERRACE DRAINAGE REQUIREMENTS TO BE SHOWN ON PLANS
44. Drainage terraces at least 8 feet in width shall be established on all cut or fill slopes steeper than 3:1 at not more than 30- foot vertical intervals to control surface drainage and debris. When only one terrace is required it shall be at mid-height.
Drainage terraces are required to be paved with three (3) inches minimum thickness of concrete or gunite with minimum reinforcement of 6 x 6 - 10/10 welded wire fabric (WWF). Show a detail of terrace on the grading plan. (J109.2)
45. For slopes steeper than 3:1 gradient and between 100 feet and 120 feet in height, one drainage terrace near mid-height shall be provided and not be less than 20 feet in width, a minimum of 8 feet of which must be paved. (J109.2)
46. Erosion is a problem for all graded slopes higher than 30 feet. For slopes flatter than 3 units horizontal to 1 unit vertical and steeper than 5 units horizontal to 1 unit vertical, a paved swale or ditch shall be installed at 30 foot vertical intervals to control surface drainage and debris. Swales shall be sized based on contributory area and have adequate capacity to convey intercepted waters to the point of disposal as defined in Section J109.5. Swales must be paved with reinforced concrete not less than 3 inches in thickness, reinforced with 6-inch by 6-inch No.10 by No.10 welded wire fabric or equivalent reinforcing centered in the concrete slab or an equivalent approved by the Building Official. Swales must have a minimum flow line depth of 1 foot and a minimum paved width of 18 inches. Swales shall have a minimum gradient of not less than 5 percent. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade.
47. Demonstrate that the maximum length of terrace or swale that may contribute to any down drain is 300 feet in any direction as required. (J109.2)
48. Provide open down drains unless specifically approved by the Building Official.
49. Provide a detail on the plans of transition structures for open drains where the grade changes from a steep to a relatively flat slope.
50. Show flow line elevations of all drainage terraces at each change in grade and at approximate 100 feet intervals. The flow line gradient can be no less than 5% and no greater than 12%. There shall be no reduction in grade along the direction of flow unless it can be shown that the velocity of flow will be such that the debris will remain in suspension on the reduced grade to prevent silt deposition. (J109.2)
51. Terrace drains are to be used for drainage generated from manufactured slopes. Provide separate drainage system for natural areas. The draining of natural slope runoff to terrace drain system is not permitted. The terrace drain system is only designed and intended to drain flows generated from the slope itself.
52. Sufficient access for the maintenance of slope and terrace drains must be provided and shown on plans.
RETAINING WALL AND FREE STANDING WALLS
53. STANDARD RETAINING AND SCREEN WALLS -- These walls are not plan checked, constructed, inspected, or permitted per the grading permit. Separate plan checking and permitting is required. Label all standard retaining walls “To be constructed per separate permit”. Retaining wall permit(s) and grading permit must be issued concurrently.
54. GENERAL WALL COMMENTS
a. Define proposed drainage scheme around walls. Flows tributary to top of proposed retaining wall(s) must be conveyed around the wall(s) by a concrete swale or an approved drainage system (i.e. inlet and pipe). Provide details of drainage system or swale. Show flow line elevations, swale, inlet, and outlet details. b. Show and label applicable setbacks from walls to structures and top and/or toe of both existing and proposed slopes and property lines.
55. SEGMENTAL EARTH (GEOGRID) RETAINING WALLS: These walls are plan checked, constructed, bonded, and inspected per the grading plans and permit. The following is required for the proposed geogrid wall:
a. Details and stability analysis for geogrid walls must be approved by the Soils and Geology Section of the Department’s Geotechnical and Materials Engineering Division. Please see attached GMED Plan Check Referral Form for instructions.
b. Provide on plans all manufacturers construction instructions and installation procedures for the construction of the segmental earth retaining walls. Proposed wall systems must have an approved ICBO Evaluation Report/ICC-ES Legacy Report, which must be labeled on the plan. Walls not approved through a report will require additional review by Research Section.
c. The geogrid fabric must be mechanically anchored to the facing units. Provide details of the facing unit and the mechanical connection.
d. Provide adequate wall sections (wall face, endpoints, curves/corners, areas adjacent to drainage courses) and label the geogrid type, location, spacing and embedment length behind the interior face of the block unit. 204
e. Label all pertinent geotechnical recommendations, such as maximum allowable rock size, placement/compaction specifications for the backfill, overexcavation, and minimum distance from compaction equipment to wall face. f. In order to prevent future damage to the geogrid wall, a Restricted Use Area (RUA) for the embedment area of reinforcing geogrid must be recorded. This area shall extend 10’ horizontally beyond the limits of the embedment area. Show and label the RUA on the grading plans including bearings and distances of boundary. ❑ For Subdivisions, the RUA must be established and recorded on the Final Tract or Parcel Map. ❑ For Non – Subdivisions, a sketch and restricted use covenant must be recorded on the property.
SLOPE PLANTING, IRRIGATION AND EROSION CONTROL
56. The surface of all cut slopes more than 5 feet in height and fill slopes more than 3 feet in height shall be protected against damage from erosion by planting with grass or ground cover plants. (J110.1) Slopes exceeding 15 feet in vertical height shall also be planted with shrubs, spaced at not to exceed 10 feet on centers; or trees, spaced at not to exceed 20 feet on center; or a combination of shrubs and trees at equivalent spacing, in addition to the grass or ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site.
Note: Planting may be modified for the site if specific recommendations are provided by both the Soils Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting methods, fire retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements.
Recommendations must include a finding that the alternative planting will provide a permanent and effective method of erosion control. Modifications to planting must be approved by the Building Official prior to installation.
57. Slopes required to be planted by Subsection J110.3 of the Building Code and as indicated in item no. 79 above shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. For slopes less than 20 feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet is necessary for irrigation.
Note: The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site and irrigation will not be necessary for the maintenance of the slope planting.
58. For items no. 56 and 57 above, the following is required:
a. For slopes less than 20’ in vertical height, notes no. 48 and 49 of the attached general notes must be added to the grading plans.
b. For slopes 20’ or more in vertical height, provide a landscape and irrigation plan specifying the selected planting and irrigation for all graded slopes. Include the selection and spacing of all ground cover, shrubs, and trees, in addition to location and details for the selected irrigation system. The plan should address all manufactured slopes that are proposed on the grading plans. A separate plumbing permit may be required for the proposed irrigation system. The landscape plan must be stamped by a licensed civil engineer or landscape architect.
59. All developments that fall into one of the following categories must obtain a Landscape Permit (Title 23 of California Code of Regulations, Chapter 2.7, Division 2 of “Model Water Efficient Landscape Ordinance (MWELO)”. See exemptions in in same section for historic sites, ecological, cemetereies, or mine reclamation projects:
New Proposed Irrigated Landscape 500 square feet or greater Rehabilitated Irrigated Landscape 2500 square feet or greater a. Specify both here and on the plans: The total proposed landscape area is ___________________ square feet. a. Submit Landscape Plans to Land Development Division for review and approval. Landscape Plans must be approved, and a Landscape Permit issued prior to Rough Grade approval. Land Development Division is located at 900 S.
Fremont Ave 3rd Floor, Alhambra, CA 91803. Apply for a Landscape Efficiency Plan at https://epicla.lacounty.gov/energov_prod/SelfService/#/home/ b. Note no. 50 of the attached general notes must be added to the grading plans. c. Projects having landscaping equal to or less than 2500 square feet and are proposing rainwater storage or graywater use for irrigation is subject only to Appendix D Section (5) of MWELO. Submit landscape plans to Land Development Division as directed in 83 b. Consult LA County Public Health for additional requirements https://dpw.lacounty.gov/wwd/web/Documents/Graywater%20System.pdf. Approval from Regional Water Quality Control Board and LA County Building and Safety Plumbing Section may also be required.
60. All Landscaping requires a Smart Irrigation Controller. Automatic irrigation system controllers for landscaping shall be installed at the time of final inspection and shall comply with the following:
i. Controllers shall be weather or soil moisture based controllers that automatically adjust irrigation in response to changes in plants’ needs as weather conditions change. ii. Weather based controllers without integral rain sensors or communication systems that account for local rainfall shall have a separate wired or wireless rain sensor which connects or communicates with the controller(s). Soil moisture based controllers are not required to have rain sensor input. □ Show location where Smart Irrigation Controller is to be installed and label manufacture name and model number.
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LOW IMPACT DEVELOPMENT (LID) Requirements
All development must comply with the County of Los Angeles’ Title 12, Chapter 12.84 (LID).
LID standards are intended to distribute stormwater and urban runoff across developed sites to help reduce adverse water quality impacts and replenish groundwater supplies. The LID Manual is available at the following link: http://dpw.lacounty.gov/ldd/web/ Under the NPDES permit (LACBC Section 106.4.3) and the County of Los Angeles LID ordinance, priority projects are required to prohibit the discharge of pollutants from property developments. Preventing these pollutants from entering stormwater discharge system will be accomplished by requiring the installation and maintenance of post-construction treatment controls. (Best Management Practices (BMPs)
Residential development of 4 units or less:
□ New development, hillside development, redevelopment, alterations, or additions which alter 50% or more of impervious surfaces, entire site shall meet LID requirements.
61. Residential development of 4 units or less must implement a minimum of two LID Best Management Practice (BMP) alternatives as indicated in Section 3.2 and Appendix E – Stormwater Quality Control Measure Fact Sheets of the LID Manual. Plans must show complete construction details, materials, manufacturer, model number, dimensions, location, structures, slopes, construction notes, specifications, cross sections, elevations, and setbacks from property lines needed to construct proposed LID BMPs. BMPs should be designed so as not to adversely impact building foundations, pavement, slope stability, or an adjacent property. For hillside properties all catch basins and inlets that discharge into an existing or proposed storm drains must be labeled to discourage illegal dumping of pollutants. Stencils are available at your local Building and Safety office.
a. Permeable Porous Pavement or other impervious surfaces (at least 50% of pavement on lot shall be porous) • Show detail of placement, base, geotextile, subgrade, and soil preparation per manufacturer’s specifications. • The required soils report must address percolation and manufacturer’s recommendations and guidelines. • H-20 loading is required for Fire Department access.
• A minimum of 30” deep impervious liner or edge restraint is required within 5’ of public right of way, property lines, and structures unless otherwise recommended by a soils engineer. b. Downspout routing (choosing one of the options below satisfies 1 of 2 required BMPs) □ Cistern/rain barrel (Option 1)
• Show location of cistern/rain barrels. Rain barrels should be designed to store 200 gallons and be located such that roof run-off is equally distributed. Rain gutters & downspouts shall be shown on plans. • Plans shall show hose bibs or pump systems for discharge and watering of landscaping. (Note: A separate electrical permit is required for pump systems).
• A plumbing permit is required for backflow prevention devices when the discharge system is tied into a landscaping irrigation system served by a potable water source. • H-20 loading is required for underground cisterns located in an area subject to traffic conditions. • Plans should include manufacturer specifications and notes for rain barrels. See provided guidelines. □ Rain garden/Stormwater Planter (Option 2)
• Surface area of flow through type planter box shall be designed and sized to treat 200 gallons. Planter must have a 18” minimum top soil layer and 12” minimum gravel layer. The infiltration type planter box shall be designed to infiltrate 200 gallons over a 48 hour period. c. Divert Runoff/Disconnect Impervious Surfaces (Hillsides > 25% slope must comply with this requirement) • Show driveway, roof, and other impervious surfaces to drain toward pervious landscaped areas. The ratio of impervious to pervious area shall be no less than 2:1. This ratio must be identified on plans for each affected area.
A minimum of 90% of the untreated impervious area shall be routed toward vegetated areas or water quality BMPs. d. Dry well
• Show details including the following: location, cross section details, liner materials, subbase, and all manufacturer’s specifications and/or recommendations from soils engineer. The required soils report shall address dry well and manufacturer’s specification and requirements.
• The system should be designed to store and infiltrate a minimum of 200 gallons of stormwater within a 48 hour period.
• Provide calculations to determine the infiltration volume for sizing of well and determine time of infiltration to percolate 200 gallons.
• A filter or sediment control is required to filter water entering the dry well. • Drywells that are deeper than their widest dimension are defined by the EPA as Class V injection wells, and are subject to inventory requirements under the Safe Drinking Water Act and must be registered at the following link with the EPA as injection wells. http://www.epa.gov/region09/water/groundwater/injection-wells-register.html. If this type of dry well is proposed, provide copy of registration. e. Landscaping and landscape irrigation
• Show a minimum of two 15-gallon trees to be planted and maintained. Trees shall be located near impervious surfaces (10 foot maximum distance). One of the trees may be on the drought-tolerant plant list as required under the County’s Green Building Ordinance (http://planning.lacounty.gov/assets/upl/project/green_drought-tolerantgarden.pdf). In Very High Fire Hazard Severity Zones, applicant should verify compliance with Fire Department’s requirements https://www.fire.lacounty.gov/forestry-division/forestry-fuel-modification/. o Install Smart Irrigation Controllers. (see Comment 86 for requirements) f. Green Roof
• Show area of green roof on site plan.
• Structural calculations for design of green roof will be required at time of building plan submittal. • Fire Department approval will be required as part of building plan check. 206
62. The following is a list of Designated Projects for new development and redevelopment activities that require compliance with LA County’s LID ordinance. (See LID manual for additional information) ❑ All development projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious surface area
❑ Residential new or redeveloped projects that creates, adds, or replaces >10,000 square feet of impervious surface area. ❑ Industrial parks 10,000 square feet or more of surface area ❑ Commercial malls 10,000 square feet or more surface area ❑ Retail gasoline outlets 5,000 square feet or more of surface area ❑ Restaurants (SIC 5812) 5,000 square feet or more of surface area ❑ Parking lots 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces ❑ Street and road construction of 10,000 square feet or more of impervious surface area ❑ Automotive service facilities with 5,000 square feet or more of surface area ❑ Projects located in or directly adjacent to, or discharging directly to a Significant Ecological Area (SEA),where the development will discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and Create 2,500 square feet or more of impervious surface area
❑ Redevelopment projects identified below*:
o Land-disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area
o Development which alters less than 50% of impervious surfaces. Only proposed re-development needs to meet NPDES requirements.
o Development which alters 50% or more of impervious surfaces. Entire site shall meet NPDES requirements.
*Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.
REQUIREMENTS:
A. New Development and Re-Development Projects must control runoff through infiltration, bioretention, and/or rainfall harvest and use. Project must retain onsite the Stormwater Quality Design Volume (SWQDv) as defined by the greater of the following:
• The 0.75-inch, 24 hour rain event or
• The 85th percentile, 24-hour rain event, as determined from the Los Angeles County 85th percentile precipitation isohyetal map (www.dpw.lacounty.gov/wrd/hydrologygis) ,.
B. Bioretention and biofiltration systems shall meet the design specifications provided in Appendix E of LA County’s LID manual. (available at http://dpw.lacounty.gov/ldd/web/). Biofiltration systems shall be entirely open-bottom.
C. When evaluating the potential for onsite retention, each projects must consider the maximum potential for evapotranspiration from green roofs and rainfall harvest and reuse for both indoor and outdoor use.
D. To demonstrate technical infeasibility, it must be shown that a project site cannot reliably retain 100 percent of the SWQDv onsite. Technical infeasibility may result from the following:
i. The infiltration rate of saturated in-situ soils less than 0.3 inch per hour. ii. Seasonal high ground water is within 5 to 10 feet of the surface. iii. Locations within 100 feet of a ground water well used for drinking water. iv. Brownfield development sites where infiltration poses a risk of pollutant mobilization. v. Locations with potential geotechnical hazards.
E. When technical infeasibility has been demonstrated the site must biofiltrate using the following equation for volume required:
Bv = 1.5 * [SWQDv – Rv] Where: Bv = Biofiltration volume SWQDv = Stormwater runoff as defined in 88 A
Rv = Volume reliably retained onsite (amount infiltrated) Show volumes and flow rates on plans as applicable.
Note: For additional alternative compliance measures see Regional Water Quality Control Board Order No. R4-2012-0175 section VI.D.7.c.iii (http://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/index.shtml) F. Project sites that outlet to natural drainage systems that are subject to hydromodification shall be in compliance with LA County’s LID manual, Section 8 (available at http://dpw.lacounty.gov/ldd/web/).
G. The plans must show complete construction details, materials, manufacturer, model number, dimensions, location, structures, slopes, construction notes, specifications, cross sections, elevations, GPS x-y coordinates for each BMP, and setbacks from property lines needed to construct proposed LID BMPs. BMPs should be designed as not to adversely impact building foundations, pavement, slope stability, or an adjacent property.
H. Clearly show driveway/access road drainage and provide BMPs for treatment of driveway flows. Provide elevations, cross sections, or slopes as applicable.
I. Submit and obtain approval from Environmental Programs Division, Industrial Waste Unit at 900 S. Fremont, Alhambra, Annex Building, 3rd floor, Alhambra, CA 91803. Please contact EPD by email at [email protected] or call (626) 458-3517 for required fees and submittal requirements. An annual operating permit may be required. , . Please note:
prior to obtaining approval from EPD the location and the design flows for all BMPs must be shown on plans and approved by Building and Safety (This applies to all non-residential projects).
J. Pre-treatment BMPs are required.
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63. Non-Designated Projects.
Non-residential development (Commercial, Industrial) or a residential development consisting of 5 or more residential units:
□ Development which alters less than 50% of impervious surfaces. Only proposed new impervious areas needs to meet LID requirements.
□ Development which alters 50% or more of impervious surfaces. Entire site shall meet LID requirements.
A. This project is required to retain the Delta Storm Water Quality Design Volume (∆SWQDv), the difference between the stormwater runoff volume pre- and post-condition. The SWQDv, from which the ∆SWQDv is calculated, is defined in item 85A of this grading review sheet. ∆SWQDv is defined as the difference in the runoff volume between undeveloped (1% impervious surface) and post-developed condition. The ∆SWQDv is calculated according to the following equation:
∆SWQDv = Vd – Vu
Where: ∆SWQDv = Increase in stormwater runoff volume from the project [ft3]; Vd = Stormwater runoff volume post-development [ft3]; and Vu = Undeveloped stormwater runoff volume [ft3] (1% impervious).
If ∆SWQDv cannot be infiltrated due to geotechnical or technical feasibility as indicated in Section 7 of the County’s LID Manual; onsite storage or other water conservation requirements must be implemented.
B. Provide calculations for sizing of the proposed BMP’s. Calculations must consider ∆SWQDv, percolation rate, and geotechnical considerations.
C. Plans must show complete construction details, materials, manufacturer, model number, dimensions, location, structures, slopes, construction notes, specifications, cross sections, elevations, GPS x and y coordinates for each BMP, and setbacks from property lines needed to construct proposed LID BMPs. BMPs should be designed as not to adversely impact building foundations, pavement, slope stability, or an adjacent property.
D. Hydrology Calculations to determine the increase in volume due to development is required. For smaller sites, the County’s Hydrocalc Program may be used for determining Pre- and Post-construction volumes. See Section 6 of County’s LID Manual. • A drain system is required for all infiltration basins. Drain systems shall discharge to an approved location and must be shown on site drainage or grading plans. Calculations for sizing of the infiltration basins are required.
64. For LID compliance, all catch basins and inlets that discharge into an existing or proposed storm drain must be labeled to discourage illegal dumping of pollutants. Stencils are available at your local Building and Safety office.
65. All infiltration basins, dry wells, or planters must comply with the following setbacks Infiltration Facility Setbacks*
Setback from Distance in feet
Property lines & Public Right of Way 5’ minimum
Any Foundation 15’ or within a 1:1 plane drawn up from the bottom of foundation Face of any slope H/2, 5’ minimum (H is height of slope)* Seasonal high ground water 10’ minimum depth to invert
Water wells 100’ minimum
Required Infiltration Time (due to vector control)
BMP Type Duration
Open above ground (includes planting soil or open gravel pit) 48 hours to drain completely Underground retention 96 hours to drain completely
*unless otherwise recommended by a Soils Engineer and approved by Geotechnical and Materials Engineering Division.
Note: Infiltration is not allowed in areas where pollutant mobilization is a documented concern, or where undisturbed soil infiltration rates are less than 0.3 inches per hour, or where infiltration could cause adverse impacts to biological resources.
66. An Infiltration Report by a Soils Engineer and the grading plans must be reviewed and recommended for approval by the Geology and Soils Section prior to approval of an Infiltration/Retention - Low Impact Development (LID) BMP. Please see attached GMED Plan Check Referral Form for instructions. The Infiltration Report must comply with GMED Geotechnical Memo GS 200.1 and should be presented as its own report. All recommendations and notes as indicated in the soils engineering report and/or GMED review sheets must be incorporated into the grading plans. The GS 200.1 memo can be found at: http://dpw.lacounty.gov/gmed/permits/docs/policies/GS200.1.pdf Gravel Specification for Non-proprietary gravel storage layers must indicate 1.5” to 3” diameter, angular, clean rock compacted to 90% relative compaction or equivalent determined and field verified by a Soils Engineer.
67. Rainwater harvest and reuse systems that are NOT gravity fed require approval from LA County Public Health, Cross Connection & Water Pollution Control Program. The application and further information is found at http://publichealth.lacounty.gov/eh/EP/cross_con/cross_con_main.htm. In addition, approval from LA County, Building and Safety Plumbing Section is required. Rainwater harvest design and plans must comply with County of Los Angeles, Plumbing Code, Chapter 16 – Non-Potable Rainwater Catchment Systems.
68. Different types of infiltration facilities such as dry wells, unlined sumps, seepage pits, and infiltration galleries are some of the terms used to describe Class V injection wells as defined by the EPA. Register the proposed infiltration facility at the following online registration form: http://www.epa.gov/uic/forms/underground-injection-wells-registration. 208
69. A recorded covenant indicating that the owner of the subject development is aware and agrees to maintain all stormwater BMP features for this project is required. The covenant shall include operation and maintenance guidelines prepared by the project civil engineer/architect. See attached LID Covenant Preparation and Recordation instructions. A draft copy of the covenant including all exhibits must be reviewed prior to recordation.
70. A Statement of Understanding and/or O&M Guidelines must be provided for Capital Projects.
71. Provide Attached LID table on LID Plan or in LID Report.
ADDITIONAL CORRECTIONS: _________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Reviewed By: ______________________________________
_______________________________
_______________________________
_______________________________
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The following project information and grading notes as applicable must be shown on all grading plans.
PROJECT INFORMATION: (Required on Title Sheet of all Grading Plans) (General Information)
• Grading Permit Application No. GRAD_____________________________ * • Earthwork Volumes Cut__________(cy), Fill____________ (cy) * Over Excavation/ Alluvial Removal & Compaction _____________ (cy) * Export _______(cy), Export Location: ___________________________ * • Total Disturbed Area __________________ (Acres) *
• Total Proposed Irrigated Landscape Area __________________ Square Feet * • • Pre-Development (Existing) Impervious area ___________________ (SF) * • Post-Development (Proposed) Impervious area ___________________ (SF) * • Waste Discharge Identification Number (WDID #) ________________________________________________ • Construction & Demolition Debris Recycling and Reuse Plan (RPP ID) ________________________________ * (Property Information)
• Property Address _______________________________________ (If exist * ) • Tract / Parcel Map No. ___________________________ Lot/Parcel No. ________________________ • Property Owner _________________________________________ * • Assessors ID Number(s) ____________________________________ * (Zoning, Regional Planning, and other Agency Information) • Property Zoning: ________________________________________ * • Intended Land Use: _____________________________________________________________________ * (For proposed graded areas - i.e. ... Single Family Residence ) • Certificate of Compliance: CC NO._________________________ • Plot Plan Number: PP NO._________________________________ • Conditional Use Permit: CUP NO.______________________ Expiration Date: _______________ • Oak Tree Permit Number: OTP NO.________________________ Expiration Date: _______________ • Community Standards District:_____________________________ • California Coastal Commission Area: _________Yes, ________No Approved volume: ____________(cy) • Coastal Development Permit CDP___________________________ Expiration Date: _______________ • Fish & Wildlife, Army Corp of Engineers, Regional Water Control Board, AQMD & Other Agency Permits should be added as applicable. (Permit Number________________, Expiration Date_________________________) Note: Items marked * are required on all grading plan.
GENERAL NOTES:
1. All grading and construction shall conform to the 2023 County of Los Angeles Building Codes and the State Model Water Efficiency Landscape Ordinance unless specifically noted on these plans.
2. Any modifications of or changes to approved grading plans must be approved by the Building Official.
3. No grading shall be started without first notifying the Building Official. A Pre-gradie meeting at the site is required before the start of the grading with the following people present: Owner, grading contractor, field engineer, soils engineer, geologist, County grading inspector(s) or their representatives, and when required the archeologist or other jurisdictional agencies. Permittee or their agent is responsible for arranging the Pre-grade meeting and must notify the Building Official at least two business days prior to the proposed pre-grade meeting.
4. Approval of these plans reflect solely the review of plans in accordance with the County of Los Angeles Building Codes and does not reflect any position by the County of Los Angeles or the Department of Public Works regarding the status of any title issues relating to the land on which the improvements may be constructed. Any disputes relating to title are solely a private matter not involving the County of Los Angeles or the Department of Public Works.
5. All grading and construction activities shall comply with County of Los Angeles Code, Title 12, Section 12.12.030 that controls and restricts noise from the use of construction and grading equipment from the hours of 8:00 PM to 6:30 AM, and on Sundays and Holidays. (More restrictive construction activity times may govern, as required by the Department of Regional Planning and should be shown on the grading plans when applicable.)
6. California Public Resources Code (Section 5097.98) and Health and Safety Code (Section 7050.5) address the discovery and disposition of human remains. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the law requires that grading immediately stops and no further excavation or disturbance of the site, or any nearby area where human remains may be located, occur until the following has been measures have been taken:
a. The County Coroner has been informed and has determined that no investigation of the cause of death is required, and
b. If the remains are of Native American origin, the descendants from the deceased Native Americans have made a recommendation for the means of treating or disposing, with appropriate dignity, of the human remains and any associated grave goods.
7. The location and protection of all utilities is the responsibility of the Permittee. 210
8. All export of material from the site must go to a permitted site approved by the Building Official or a legal dumpsite. Receipts for acceptance of excess material by a dumpsite are required and must be provided to the Building Official upon request.
9. If contaminated soils are encountered at any time during grading activities, permittee shall stop work until an oversight agency approval is received. Contact LA County Fire Site Mitigation Unit at (323) 890-4045 immediately.
10. A copy of the grading permit and approved grading plans must be in the possession of a responsible person and available at the site at all times.
10. Site boundaries, easements, drainage devices, restricted use areas shall be located per construction staking by Field Engineer or licensed surveyor. Prior to grading, as requested by the Building Official, all property lines, easements, and restricted use areas shall be staked.
11. No grading or construction shall occur within the protected zone of any protected tree species as required per Planning Approval.
12. The standard retaining wall details shown on the grading plans are for reference only. Standard retaining walls are not checked, permitted, or inspected per the Grading Permit. A separate retaining wall permit is required for all standard retaining walls.
Note: This note only applies to standard retaining walls. Geogrid fabric and segmental retaining walls do not require a separate retaining wall permit. Details and construction notes for all Geogrid walls must be on the grading plan.
13. A preventive program to protect the slopes from potential damage from burrowing rodents is required per Section J101.8 of the County of Los Angeles Building Code. Owner is to inspect slopes periodically for evidence of burrowing rodents and a first evidence of their existence shall employ an exterminator for their removal.
14. Where a grading permit is issued and the Building Official determines that the grading will not be completed prior to November 1, the owner of the site on which the grading is being performed shall, on or before October 1, file or cause to be filed with the Building Official an ESCP per Section J110.8.3 of the County of Los Angeles Building Code.
15. Transfer of Responsibility: If the Field Engineer, the Soils Engineer, or the Engineering Geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading.
INSPECTION NOTES
16. The permittee or his agent shall notify the Building Official at least one working day in advance of required inspections at following stages of the work. (Section J105.7 of the Building Code.) (a) Pre-grade – Before the start of any earth disturbing activity or construction. (b) Initial - When the site has been cleared of vegetation and unapproved fill has been scarified, benched or otherwise prepared for fill. Fill shall not be placed prior to this inspection. Note: Prior to any construction activities, including grading, all storm water pollution prevention measures including erosion control devices which contain sediments must be installed.
(c) Rough - When approximate final elevations have been established; drainage terraces, swales and berms installed at the top of the slope; and the statements required in this Section have been received. (d) Final - When grading has been completed; all drainage devices installed; slope planting established, irrigation systems installed and the As-Built plans, required statements, and reports have been submitted and approved.
17. In addition to the inspection required by the Building Official for grading, reports and statements shall be submitted to the Building Official in accordance with Section J105 of the County of Los Angeles Building Code.
18. Unless otherwise directed by the Building Official, the Field Engineer for all engineered grading projects shall prepare routine inspection reports as required under Section J105.11 of the County of Los Angeles Building Code. These reports, known as “Report of Grading Activities”, shall be submitted to the Building Official as follows:
1. Bi-weekly during all times when grading of 400 cubic yards or more per week is occurring on the site;
2. Monthly, at all other times; and
3. at any time when requested in writing by the Building Official.
Such “Report of Grading Activities” shall certify to the Building Official that the Field Engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans and specifications, the building code, all grading permit conditions, and all other applicable ordinances and requirements. This form is available at the following website https://dpw.lacounty.gov/bsd/content/publications.aspx . “Report of Grading Activities” may be scanned and uploaded in the Attachments tab as a “RGA (Reporting of Grading Activity)” document type for permits in EpicLA or on the website https://dpw.lacounty.gov/bsd/dg/default.aspx for all other grading projects.. Failure to provide required inspection reports will result in a “Stop Work Order.”
19. All graded sites must have drainage swales, berms, and other drainage devices installed prior to rough grading approval per Section J105.7 of the County of Los Angeles Building Code.
20. The grading contractor shall submit the statement to the grading inspector as required by Section J105.12 of the County of Los Angeles Building Code at the completion of rough grading.
21. Final grading must be approved before occupancy of buildings will be allowed per Section J105 of the County of Los Angeles Building Code.
22. A property line survey, prepared by a CA licensed land surveyor or a civil engineer with a license number below C33966, may be required by the Building Official based upon site conditions in accordance with LACBC Section 108.1.
DRAINAGE NOTES
23. Roof drainage must be diverted from graded slopes.
24. Provisions shall be made for contributory drainage at all times.
25. All construction and grading within a storm drain easement are to be done per Private Drain PD No.____________ or miscellaneous Transfer Drain MTD No. ____________.
26. All storm drain work is to be done under continuous inspection by the Field Engineer. Status reports required under note 18 and Section J105.11 of the County of Los Angeles Building Code shall include inspection information and reports on the storm drain installation.
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AGENCY NOTES (Add - Applicable Notes)
27. An encroachment permit from (County of Los Angeles Department of Public Works) (CALTRANS) (City of _____________) is required for all work within or affecting road right of way. All work within Road right of way shall conform to (County of Los Angeles Department of Public Works)(CALTRANS) (City of __________ ) encroachment permit.
28. An Flood Construction Permit is required from the County of Los Angeles Flood Control District for all work within the County of Los Angeles Flood Control District Right of Way. All work shall conform to conditions set by the Permit.
29. Permission to operate in Very High Fire Hazard Severity Zone must be obtained from the Fire Prevention Bureau or the local Fire Station prior to commencing work.
30. All work within the streambed and areas outlined on grading plans shall conform to:
• Army Corp 404 Permit Number: __________________ _.
• California Fish & Wildlife Permit No.: ______________ ___.
31. All construction/demolition, grading, and storage of bulk materials must comply with the local AQMD rule 403 for Fugitive Dust. Information on rule 403 is available at AQMD’s website http://www.avaqmd.com.
GENERAL GEOTECHNICAL NOTES
32. All work must be in compliance with the recommendations included in the geotechnical consultant's report(s) and the approved grading plans and specifications.
33. Grading operations must be conducted under periodic inspections by the geotechnical consultants with monthly inspection reports to be submitted to the Geology and Soils Section. (900 S. Fremont, Alhambra CA 91803 – 3rd Floor)
34. The Soil Engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to be satisfied that the work is being performed in accordance with the plan and applicable Code requirements.
35. Rough grading must be approved by a final engineering geology and soils engineering report. An As-Built Geologic Map must be included in the final geology report. Provide a final report statement that verifies work was done in accordance with report recommendations and code provisions (Section J105.12 of the County of Los Angeles Building Code). The final report(s) must be submitted to the Geotechnical and Materials Engineering Division for review and approval.
36. Foundation, wall and pool excavations must be inspected and approved by the consulting geologist and soil engineer, prior to the placing of steel or concrete.
37. Building pads located in cut/fill transition areas shall be over-excavated a minimum of three (3) feet below the proposed bottom of footing.
FILL NOTES
38. All fill shall be compacted to the following minimum relative compaction criteria:
a. 90 percent of maximum dry density within 40 feet below finish grade. b. 93 percent of maximum dry density deeper than 40 feet below finish grade, unless a lower relative compaction (not less than 90 percent of maximum dry density) is justified by the geotechnical engineer.
The relative compaction shall be determined by A.S.T.M. soil compaction test D1557-91 where applicable: Where not applicable, a test acceptable to the Building Official shall be used. (Section J107.5 of the County of Los Angeles Building Code.)
c. 95 percent of maximum dry density is required for all Fire lanes unless otherwise approved by the Fire Department.
39. Field density shall be determined by a method acceptable to the Building Official. (Section J107.5 of the County of Los Angeles Building Code.) However, not less than 10% of the required density test, uniformly distributed, and shall be obtained by the Sand Cone Method.
40. Sufficient tests of the fill soils shall be made to determine the relative compaction of the fill in accordance with the following minimum guidelines:
a. One test for each two-foot vertical lift.
b. One test for each 1,000 cubic yards of material placed. c. One test at the location of the final fill slope for each building site (lot) in each four-foot vertical lift or portion thereof. d. One test in the vicinity of each building pad for each four-foot vertical lift or portion thereof.
41. Sufficient tests of fill soils shall be made to verify that the soil properties comply with the design requirements, as determined by the Soil Engineer including soil types, shear strengths parameters and corresponding unit weights in accordance with the following guidelines:
a. Prior and subsequent to placement of the fill, shear tests shall be taken on each type of soil or soil mixture to be used for all fill slopes steeper than three (3) horizontal to one vertical. b. Shear test results for the proposed fill material must meet or exceed the design values used in the geotechnical report to determine slope stability requirements. Otherwise, the slope must be reevaluated using the actual shear test value of the fill material that is in place.
c. Fill soils shall be free of deleterious materials.
42. Fill shall not be placed until stripping of vegetation, removal of unsuitable soils, and installation of subdrain (if any) have been inspected and approved by the Soil Engineer. The Building Official may require a “Standard Test Method for moisture, ash, organic matter, peat or other organic soils” ASTM D-2974-87 on any suspect material. Detrimental amounts of organic material shall not be permitted in fills. Soil containing small amounts of roots may be allowed provided that the roots are in a quantity and distributed in a manner that will not be detrimental to the future use of the site and the soils engineer approves the use of such material.
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43. Rock or similar material greater than 12 inches in diameter shall not be placed in the fill unless recommendations for such placement have been submitted by the Soil Engineer and approved in advance by the Building Official. Location, extent, and elevation of rock disposal areas must be shown on an “As Built” grading plan.
44. Continuous inspection by the Soil Engineer, or a responsible representative, shall be provided during all fill placement and compaction operations where fills have a depth greater than 30 feet or slope surface steeper than 2:1. (Section J107.8 of the County of Los Angeles Building Code)
45. Continuous inspection by the Soil Engineer, or a responsible representative, shall be provided during all subdrain installation. (Section J107.2 of the County of Los Angeles Building Code)
46. All subdrain outlets are to be surveyed for line and elevation. Subdrain information must be shown on an “As Built” grading plan.
47. Fill slopes in excess of 2:1 steepness ratio are to be constructed by the placement of soil at sufficient distance beyond the proposed finish slope to allow compaction equipment to be operated at the outer limits of the final slope surface. The excess fill is to be removed prior to completion of rough grading. Other construction procedures may be used when it is demonstrated to the satisfaction of the Building Official that the angle of slope, construction method and other factors will have equivalent effect. (Section J107.5 of the County of Los Angeles Building Code.) PLANTING AND IRRIGATION NOTES:
48. Planting and irrigation on graded slopes must comply with the following minimum guidelines:
a. The surface of all cut slopes more than 5 feet in height and fill slopes more than 3 feet in height shall be protected against damage by erosion by planting with grass or groundcover plants. Slopes exceeding 15 feet in vertical height shall also be planted with shrubs, spaced at not to exceed 10 feet on centers; or trees, spaced at not to exceed 20 feet on centers, or a combination of shrubs and trees at equivalent spacing, in addition to the grass or groundcover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration shall be given to deep-rooted planting material needing limited watering, maintenance, high root to shoot ratio, wind susceptibility and fire-retardant characteristics. All plant materials must be approved by the building official. (Section J110.3 of the County of Los Angeles Building Code) Note: Planting may be modified for the site if specific recommendations are provided by both the Soils Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting methods, fire retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the alternative planting will provide a permanent and effective method of erosion control. Modifications to planting must be approved by the Building Official prior to installation.
b. Slopes required to be planted by Section J110.3 shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. Irrigation system plans shall be submitted and approved prior to installation. A functional test of the system may be required. For slopes less than 20 feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet is necessary for irrigation. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation will not be necessary for the maintenance of the slope planting. (Section J110.4 of the County of Los Angeles Building Code)
c. Other governmental agencies may have additional requirements for landscaping and irrigation. It is the responsibility of the applicant to coordinate with other agencies to meet their requirements while maintaining compliance with the County of Los Angeles Building Code.
49. The planting and irrigation systems shall be installed as soon as practical after rough grading. Prior to final grading approval all required slope planting must be well established. (Section J110.7 of the County of Los Angeles Building Code)
50. Landscape irrigation system shall be designed and maintained to prevent spray on structures. (Title 31, Section 5.407.2.1)
51. Prior to rough grade approval this project requires a landscape permit. Landscape plans in compliance with the “Model Water Efficient Landscape Ordinance” Title 23, Chapter 2.7 of California Code of Regulations (AB 1881) must be submitted to the Department of Public Works, Land Development Division. (900 S. Fremont Ave, Alhambra - 3RD Floor, CA 91803 (626) 458-4921). To obtain Landscape permit approved plans and Water Purveyor acknowledgment form must be submitted to the local Building and Safety office.
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Best Management Practice Notes (BMP Notes) to be added to all Grading Plans BEST MANAGEMENT PRACTICE NOTES:
1. Every effort should be made to eliminate the discharge of non-stormwater from the project site at all times.
2. Eroded sediments and other pollutants must be retained on-site and may not be transported from the site via sheet flow, swales, area drains, natural drainage courses or wind.
3. Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water.
4. Fuels, oils, solvents, and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system.
5. Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on-site until they can be disposed of as solid waste.
6. Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind.
7. Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means.
8. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water.
9. “I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that submitting false and/ or inaccurate information, failing to update the ESCP to reflect current conditions, or failing to properly and/ or adequately implement the ESCP may result in revocation of grading and/ or other permits or other sanctions provided by law.”
Print Name _____________________________________________ (Owner or authorized agent of the owner)
Signature ______________________________________________ Date __________________ (Owner or authorized agent of the owner)
The following BMPs as outlined in, but not limited to, the latest edition of the CASQA Construction BMP Online Handbook or Caltrans Stormwater Quality Handbooks (Construction Site BMP Manual), may apply during the construction of this project (additional measures may be required if deemed appropriate by the Project Engineer or the Building Official) 214
EROSION CONTROL
EC1 – SCHEDULING
EC2 – PRESERVATION OF EXISTING VEGETATION
EC3 – HYDRAULIC MULCH
EC4 – HYDROSEEDING
EC5 – SOIL BINDERS
EC6 – STRAW MULCH
EC7 – GEOTEXTILES & MATS
EC8 – WOOD MULCHING
EC9 – EARTH DIKES AND DRAINAGE SWALES
EC10 – VELOCITY DISSIPATION DEVICES
EC11 – SLOPE DRAINS
EC12 – STREAMBANK STABILIZATION
EC13 – RESERVED
EC14 – COMPOST BLANKETS
EC15 – SOIL PREPARATION\ROUGHENING
EC16 – NON-VEGETATED STABILIZATION
TEMPORARY SEDIMENT CONTROL
SE1 – SILT FENCE
SE2 – SEDIMENT BASIN
SE3 – SEDIMENT TRAP
SE4 – CHECK DAM
SE5 – FIBER ROLLS
SE6 – GRAVEL BAG BERM
SE7 – STREET SWEEPING AND VACUUMING
SE8 – SANDBAG BARRIER
SE9 – STRAW BALE BARRIER
SE10 – STORM DRAIN INLET PROTECTION
SE11 – ACTIVE TREATMENT SYSTEMS
SE12 – TEMPORARY SILT DIKE
SE13 – COMPOST SOCKS & BERMS
SE14 – BIOFILTER BAGS
WIND EROSION CONTROL
WE1 – WIND EROSION CONTROL
EQUIPMENT TRACKING CONTROL
TC1 – STABILIZED CONSTRUCTION ENTRANCE EXIT
TC2 – STABILIZED CONSTRUCTION ROADWAY
TC3 – ENTRANCE/OUTLET TIRE WASH
NON-STORMWATER MANAGEMENT
NS1 – WATER CONSERVATION PRACTICES
NS2 – DEWATERING OPERATIONS
NS3 – PAVING AND GRINDING OPERATIONS
NS4 – TEMPORARY STREAM CROSSING
NS5 – CLEAR WATER DIVERSION
NS6 – ILLICIT CONNECTION/DISCHARGE
NS7 – POTABLE WATER/IRRIGATION
NS8 – VEHICLE AND EQUIPMENT CLEANING
NS9 – VEHICLE AND EQUIPMENT FUELING
NS10 – VEHICLE AND EQUIPMENT MAINTENANCE
NS11 – PILE DRIVING OPERATIONS
NS12 – CONCRETE CURING
NS13 – CONCRETE FINISHING
NS14 – MATERIAL AND EQUIPMENT USE
NS15 – DEMOLITION ADJACENT TO WATER
NS16 – TEMPORARY BATCH PLANTS
WASTE MANAGEMENT & MATERIAL POLLUTION
CONTROL
WM1 – MATERIAL DELIVERY AND STORAGE
WM2 – MATERIAL USE
WM3 – STOCKPILE MANAGEMENT
WM4 – SPILL PREVENTION AND CONTROL
WM5 – SOLID WASTE MANAGEMENT
WM6 – HAZARDOUS WASTE MANAGEMENT
WM7 – CONTAMINATION SOIL MANAGEMENT
WM8 – CONCRETE WASTE MANAGEMENT
WM9 – SANITARY/SEPTIC WASTE MANAGEMENT
WM10 – LIQUID WASTE MANAGEMENT
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Date of Maintenance
Agreement ------------------
Type of LID Project
GPS Coordinates
Design Storm Greater
of (circle one)
0.75-inch 85th
Percentile
Designated Non- Designated - Small
Scale Non- Designated - Large Scale Rainfall Depth =
*Commercial *Residential
Residential and
Redevelopemnt four
units or less
*Residential and
redevelopemnt
four units or more
*NonResidential Latitude Longitude
Stomwater quality
control Measures(RET,
BIO, VEG, T)
Total Project Area (SF)
% Impervious Area
Tributary Area to Site (Ac)
% Imperviousness of
Tributary Area
*Redevelopement-≤ 50%
(check)
*Redevelopement-≥ 50%
(check)
Site Specific Source Control
LID Table 5-1
Infiltrate/Harvest (Y or N)
SWQDv 100% retained onsite (Y or N)
Delta SWQDv (cf)
*Discharge to Natural
Drainage System (Y or N)1
Hydromodification
Required (Y1) LID Sect 8.2
Exemption crieteria
Peakflow rate (cfs)
Required SWQDv (cf):
BMP Total Capacity (cf, cfs)
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LID COVENANT
PREPARATION AND RECORDATION
1. SUBMIT the following draft documents to your plan check engineer:
a. LID/NPDES Covenant
b. LID/NPDES Site Diagram (8 ½” X 11”) identifying the location, including GPS x and y coordinates and type, of each post construction BMP feature (Exhibit 1) c. LID/NPDES Maintenance Guidelines (8 ½” X 11”) as provided by the manufacturer for each post construction BMP feature (Exhibit 2)
Submit draft covenant WITH exhibits to your plan checker for approval prior to signing and notarizing. Plan checker will notify applicant if documents are ready for recordation or if corrections are needed.
2. COVENANTS MUST BE SIGNED, NOTARIZED, AND RECORDED. Sign, notarize and record documents after notification that the documents are ready to record.
Note: RECORDATION is the responsibility of the applicant. Addresses for Recorder’s Offices can be found at:
https://www.lavote.gov/contact-us/branch-office-locations Information for the County’s Recorder’s office can be obtained on the internet at http://www.lavote.net or by calling 1-800-201-8999, press 3 for real estate filing; for more information.
Applicant must provide copy of the recorded LID Covenant and Exhibits stamped by the recorder’s office prior to plan approval. It is recommended applicants obtain a copy of the recorded document for their records.
3. For any required forms mentioned below please see:
http://dpw.lacounty.gov/bsd/publications/index.cfm
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RECORDING REQUESTED BY
AND MAIL TO:
Space above this line is for Recorder’s use
COVENANT AND AGREEMENT
REGARDING THE MAINTENANCE OF LOW IMPACT DEVELOPMENT (LID) & NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) BMPs The undersigned, ________________________________________ ("Owner"), hereby certifies that it owns the real property described as follows ("Subject Property"), located in the County of Los Angeles, State of California:
LEGAL DESCRIPTION
ASSESSOR’S ID #___________________________TRACT NO.____________________________LOT NO.__________________________ ADDRESS: _____________________________________________________________________________________________________ Owner is aware of the requirements of County of Los Angeles’ Green Building Standards Code, Title 31 Section 4.106.5 (LID) or 5.160.3 (LID), and the National Pollutant Discharge Elimination System (NPDES) Permit. The following post-construction BMP features have been installed on the Subject Property:
□ Porous pavement
□ Cistern/rain barrel
□ Infiltration trench/pit
□ Bioretention or biofiltration
□ Rain garden/planter box
□ Disconnect impervious surfaces
□ Dry Well
□ Storage containers
□ Landscape and landscape irrigation
□ Green roof
□ Other ________________________________________________________________________________________________________ _______________________________________________________________________________________________________ The location, including GPS x-y coordinates, and type of each post-construction BMP feature installed on the Subject Property is identified on the site diagram attached hereto as Exhibit 1.
Owner hereby covenants and agrees to maintain the above-described post-construction BMP features in a good and operable condition at all times, and in accordance with the LID/NPDES Maintenance Guidelines, attached hereto as Exhibit 2.
Owner further covenants and agrees that the above-described post-construction BMP features shall not be removed from the Subject Property unless and until they have been replaced with other post-construction BMP features in accordance with County of Los Angeles’ Title 12, Chapter
12.84 – Low Impact Development Standards.
Owner further covenants and agrees to maintain all drainage devices located within his/her property in good condition and operable condition at all times.
Owner further covenants and agrees that if Owner hereafter sells the Subject Property, Owner shall provide printed educational materials to the buyer regarding the post-construction BMP features that are located on the Subject Property, including the type(s) and location(s) of all such features, and instructions for properly maintaining all such features.
Owner makes this Covenant and Agreement on behalf of itself and its successors and assigns. This Covenant and Agreement shall run with the Subject Property and shall inure to the benefit of the County of Los Angeles and be binding upon Owner, future owners, and their heirs, successors and assignees, and shall continue in effect until the release of this Covenant and Agreement by the County of Los Angeles, in its sole discretion.
Owner(s):
By:_________________________________ Date:_________________________________ By:_________________________________ Date:_________________________________ (PLEASE ATTACH NOTARY)
FOR DEPARTMENT USE ONLY:
MUST BE APPROVED BY COUNTY OF LOS ANGELES BUILDING AND SAFETY DIVISION PRIOR TO RECORDING.
APPROVED BY: Date Permit No.
(Print Name) (Signature)
A notary public or other officer completing the attached certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. 218
Document "A"
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
BUILDING AND SAFETY/LAND DEVELOPMENT DIVISION
ACKNOWLEDGMENT TO EMPLOY CONSULTANTS
(To be completed by the legal owner)
Grading Permit No.: ______________________ Date Issued: ____________ Dist. No.:
Address or Location of Property:
Tract No. or Parcel Map No.__________________________________ Lot No(s).
Owner's Name:
(Print)
The owner of the above described property hereby acknowledges by signature that, as a condition of the grading permit and during all work authorized by said permit, registered civil engineer(s) will be retained to perform the duties of the Design Engineer and Field Engineer in accordance with requirements of Appendix J, County of Los Angeles Building Code, and further, that a soil engineer and/or engineering geologist (when required) will be employed to make tests, investigations and file the reports that may be required for compliance with said Code.
Owner(s)_____________________________ Date: _____________Telephone:
(Signature)
Mailing Address:
City:________________________________________________ State: _____Zip:
Design Engineer _____________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Field Engineer _______________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Soils Engineer _______________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Engineering Geologist ________________________________Reg. No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
Contractor of Record ____________________________________ License No.
Firm: ________________________________________Telephone:
Address: ______________________________City: ________________ State: _____Zip:
INSTRUCTIONS: THIS DOCUMENT MUST BE COMPLETED AND FILED, TOGETHER WITH DOCUMENT "B", AT THE LOCAL OFFICE OF BUILDING AND SAFETY PRIOR TO ISSUANCE OF THE GRADING PERMIT.
219
Document "B"
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
BUILDING AND SAFETY/LAND DEVELOPMENT DIVISION
ACCEPTANCE OF EMPLOYMENT BY CONSULTANTS
(To be completed by the consultants)
Grading Permit No. ______________________Date Issued _______________Dist. No.
Address or Location of Property
Tract No. or Parcel Map No.______________________________ Lot No(s).
Owner(s)______________________________________________Telephone__________________ Mailing Address______________________________________City________________State The undersigned verify by signature(s) that they have been retained as consultant(s) and agree to notify the Building Official, within 48 hours if such employment is terminated. It is further understood that all required reports are to be submitted to the Building and Safety/Land Development Division by each consultant.
Design Engineer __________________________________Reg. No. (Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip Field Engineer ____________________________________Reg. No. (Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip Soils Engineer ____________________________________Reg. No. (Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip Engineering Geologist _____________________________Reg. No. (Signature)
Firm________________________________________ Telephone
Address________________________________City________________State____Zip Contractor of Record _____________________________License No.
Firm________________________________________ Telephone
Address________________________________City________________State____Zip INSTRUCTIONS: THIS DOCUMENT MUST BE COMPLETED AND FILED, TOGETHER WITH DOCUMENT "A", AT THE LOCAL OFFICE OF BUILDING AND SAFETY PRIOR TO ISSUANCE OF THE GRADING PERMIT.
220
Date ____________________________
FIRE DEPARTMENT ACCESS DRIVEWAY REQUIREMENTS FOR GRADING PROJECTS SITE LOCATION : _________________________________________________________ GRADING PLAN CHECK NO. ________________________________________________
THIS FORM MUST BE SIGNED AND RETURNED TO THE DRAINAGE AND GRADING UNIT PRIOR TO APPROVAL OF THE GRADING PLAN.
This is to certify that the owner of the subject property is aware of the Fire Department access requirements which are defined in Section 503 of Title 24 of the California Fire Code and the following standards issued by the Forester and Fire Warden:
1. Standard for Private Access Roads and Driveways for Single-Family Dwellings (No Public Right of Way).
2. Standards for Access to All Buildings Other Than Single-Family Dwellings.
Additional grading or construction may be required and approved by the Forester and Fire Warden to meet these requirements prior to issuance of a building permit.
OWNER: or ENGINEER:
SIGNATURE____________________________ SIGNATURE________________________________ ADDRESS _____________________________ ADDRESS __________________________________ 221
AGREEMENT
REGARDING THE MAINTENANCE OF LOW IMPACT DEVELOPMENT (LID) & NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) BMPs The undersigned, ________________________________________ ("developer"), hereby accepts responsibility for maintenance until the (Name, department and division)
responsibility is legally transferred to _______________________________________(public entity maintaining the BMPs) (Name, department and division, or company)
LEGAL DESCRIPTION
ASSESSOR’S ID #___________________________TRACT NO.________________________LOT NO._____________________________________ ADDRESS: ____________________________________________________________________________________________________________ Developer and Maintaining Entity is aware of the requirements of County of Los Angeles’ Green Building Standards Code, Title 31 Section 4.106.5 (LID) or 5.160.3 (LID), and the National Pollutant Discharge Elimination System (NPDES) Permit. The following post-construction BMP features have been installed on the Subject Property:
□ Porous pavement
□ Cistern/rain barrel
□ Infiltration trench/pit
□ Bioretention or biofiltration
□ Rain garden/planter box
□ Disconnect impervious surfaces
□ Dry Well
□ Storage containers
□ Landscape and landscape irrigation
□ Green roof
□ Other _____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ The location, including GPS x-y coordinates, and type of each post-construction BMP feature installed on the Subject Property is identified on the site diagram attached hereto as Exhibit 1.
Developer and Maintaining Entity hereby covenants and agrees to maintain the above-described post-construction BMP features in a good and operable condition at all times, and in accordance with the LID/NPDES Maintenance Guidelines, attached hereto as Exhibit 2.
Developer and Maintaining Entity further covenants and agrees that the above-described post-construction BMP features shall not be removed from the Subject Property unless and until they have been replaced with other post-construction BMP features in accordance with Title 12, Chapter 12.84 – Low Impact Development Standards.
Developer and Maintaining Entity further covenants and agrees to maintain all drainage devices located within its property in good condition and operable condition at all times.
Developer and Maintaining Entity further covenants and agrees that if Developer and Maintaining Entity hereafter sells the Subject Property, Developer and Maintaining Entity shall provide printed educational materials to the buyer regarding the post-construction BMP features that are located on the Subject Property, including the type(s) and location(s) of all such features, and instructions for properly maintaining all such features.
Developer and Maintaining Entity makes this Covenant and Agreement on behalf of itself and its successors and assigns. This Covenant and Agreement shall run with the Subject Property and shall inure to the benefit of the County of Los Angeles and be binding upon Developer and Maintaining Entity, future Developers and Maintaining Entities, and their heirs, successors and assignees, and shall continue in effect until the release of this Covenant and Agreement by the County of Los Angeles, in its sole discretion.
Developer(s):
By:_________________________________ Date:_________________________________Division & Department:___________________________ Maintaining Entity:
By:_________________________________ Date:_________________________________ Division & Department, or Company:__________________ Permit No.
222
Agenda Item No.: 12.C
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN PALERMO, PROJECT MANAGER
THRU: DAVID H. READY
SUBJECT: APPROVE CITY HALL ADA IMPROVEMENT PROJECT DESIGN AND
AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS
DATE: June 26, 2023
BACKGROUND:
In December 2019, the City released a Request For Proposal for Architectural and Engineering Design Services to prepare ADA Improvement Plans for the Rolling Hills City Hall, excluding building exterior path of travel.
At the January 27, 2020 City Council Meeting, City Council considered and approved a Professional Services Agreement with Pacific Architecture and Engineering, Inc. (PAE) to prepare Improvement Plans (ADA and Space Planning). A kick off meeting with PAE was held February 27, 2020.
At the May 26, 2020 City Council Meeting, City Council received a presentation from staff on the options developed to bring the restrooms up to date and comply with ADA and related codes.
At the July 13, 2020 City Council Meeting, City Council received a presentation from staff with additional information to the two preferred options including opinions of probable costs of construction and voted to move forward with the more economic Option 2 which kept the restrooms in the same location.
PAE submitted the 65% plans for City review on March 9, 2021. This submittal incorporated the restroom option selected at the July 13, 2020 City Council Meeting. The City had reviewed the 65% plans with comments. Before the City review comments were returned to PAE to further develop the plans to 90% design, the City Council recommended that they revisit the layout options.
At the June 28, 2021 meeting, the City Council directed staff to add measurements to option 1 layout for additional discussion at the July 12, 2021 meeting. Using the measurement shown for option 1 in the City Hall lobby area, staff also taped the floor of the lobby to locate the 223
proposed public counter.
At the July 12, 2021 meeting, the City Council delayed the item to the July 26, 2021 meeting.
At the September 13, 2021 meeting, staff recommended the inclusion of accordion doors along with the possibility of expanding the lobby area by moving the glass partition wall out.
Additional suggestions were made to use French doors and remove an existing interior wall behind the display case to expand the lobby area of City Hall to accommodate the number of residents that attend the annual holiday house event. The City Council directed staff to bring back City Hall ADA Improvements project at a future City Council meeting so that the City Council could provide direction to staff on the next steps.
At the October 25, 2021 meeting, staff presented a third option prepared by staff for consideration. Option 3 took into consideration the City Council's feedback from the September 13, 2021 meeting. Option 3, proposed by staff, includes pushing the existing line of wall at the front door to the City Hall, moving one of the three All Gender restrooms to the newly expanded space and enclosing the hallway to the Council Chambers to allow for a meeting room. The City Council favored Option 3 but decided to hold off on giving staff direction on the next steps until the City Council has an opportunity to consider all the capital improvement projects at the 2022 Strategic Planning Workshop.
At the April 25, 2022 meeting, City Council provided direction to staff to proceed with the City Hall ADA Improvement Project Option 3 and approved a contract amendment with PAE in the amount of $96,485 to complete the construction documents (fee includes bid support and construction administration).
Schematic Design Plans were submitted to the City in August 2022 for confirmation of the layout and PAE proceeded with construction documents. 100% Plan Check Set documents were submitted to Los Angeles County on April 19, 2023 and comments were received on May 10, 2023. Comments were addressed and the second submittal was made on May 31, 2023. Staff anticipates that the City Hall ADA Improvement Project will be ready to advertise for construction bids in July 2023.
A complete set of the improvement plans is available at City Hall for review.
DISCUSSION:
The City submitted an application to California Joint Powers Insurance Authority (CJPIA) in 2021 for a loan to fund the costs of the City Hall ADA Improvement project was approved for a loan in the amount of $300,000. Staff reached out to CJPIA to apply for additional funding (loan) from CJPIA in September 2022 and was informed the program was on hold until 2023.
Staff has reached out to CJPIA in 2023 to confirm if the program has restarted and if the City can proceed with an application for additional loans for the City Hall ADA Improvement Project and awaits a response from CJPIA. CJPIA informed the City they have not restarted the program for 2023, however, there may be an opportunity to amend the existing proposal to request a larger loan amount. Staff has engaged in discussion with CJPIA to confirm the previous application can be amended and if there are any limits to the amount that can be requested.
The estimated probable cost of construction for the City Hall ADA Improvement Project was 224
updated April 6, 2023 based on the 100% Plan Check set and is $1,472,500. This estimate is attached.
FISCAL IMPACT:
In anticipation of the upcoming budget planning for Fiscal Year 2023-2024, if the City Council should direct staff to pursue a loan through CJPIA for the entire estimated amount of construction cost for the project ($1,472,500) the proposed budget would be built accordingly.
If the City Council decides not to pursue the CJPIA loan, staff would recommend using the General Fund Reserve to fund the construction of the City Hall ADA Improvement project.
RECOMMENDATION:
Approve as presented
ATTACHMENTS:
20230410_RH_PC_cost estimate.pdf
225
ROLLING HILLS CITY HALL RENOVATIONS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIFORNIA 90274
Plan Check Set
April 6, 2023
PREPARED BY
FOR
PACIFIC ARCHITECTURE & ENGINEERING, INC.
SANTA MONICA, CA
Rev 0
226
PACIFIC ARCH & ENG, INC. 0FFICE: 310-424-9658 DATE: 04/06/23 1137 SECOND STREET, SUITE 214
SANTA MONICA, CA 90403 REV: 0
PROJECT: ROLLING HILLS CITY HALL RENOVATIONS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIFORNIA 90274
OWNER: CITY OF ROLLING HILLS
CLIENT: CITY OF ROLLING HILLS
DESIGN TEAM: PACIFIC ARCHITECTURE & ENGINEERING. INC.
ARCHITECTURAL
STRUCTURAL
PLUMB/MECH
ELECTRICAL
CIVIL
ESTIMATING TEAM:
ARCH/STRUCT:
PLUMB/MECH:
ELECTRICAL:
CIVIL:
CHECKED BY:
ESTIMATE LEVEL: Plan Check Set
ESTIMATE TYPE: OPINION OF COST
PLAN DATE: 2023-04-01, 35 PAGES
SPEC DATE: NONE
PROJECT TYPE: ADA & NON-ADA UPGRADES
PROJECT SCOPE:
ESTIMATE BASIS:
THE CITY OF ROLLING HILLS IS MODERNIZING THEIR CITY HALL BUILDING WITH RENOVATIONS, SITE WORK MODIFICATIONS, INTERIOR FINISH REFURBISHMENT AND ADA UPGRADES IN THE RESTROOMS. THE PROJECT IS EXPECTED TO BEGIN IN THE 2ND QUARTER OF 2024 AND WILL LAST F0R ABOUT 4 MONTHS.
THIS COST ESTIMATE IS DEFINED AS AN “OPINION OF COST” MEANING THAT THE COSTS REFLECTED IN THE ESTIMATE ARE THE
CONSIDERED OPINION OF THE ESTIMATOR BASED ON THE CURRENT COSTS OF MATERIAL AND LABOR, UPON INFORMATION AVAILABLE
IN PUBLISHED REFERENCE SOURCES, HISTORICAL COST DATA, CLIENT OR VENDOR PROVIDED COST DATA AND THE PERSONAL EXPERIENCE OF THE ESTIMATOR. THE FINAL COST OF THE PROJECT MAY VARY FROM THE ESTIMATOR’S “OPINION OF COST” BASED ON
FACTORS BEYOND THE CONTROL OF THE ESTIMATOR SUCH AS, BUT NOT LIMITED TO, THE NUMBER OF GENERAL CONTRACTORS AND/OR SUBCONTRACTORS PARTICIPATING IN THE BID PROCESS; SUDDEN CHANGES IN NATIONAL AND LOCAL MARKET CONDITIONS; THE NATIONAL AND LOCAL ECONOMY; AND DECISIONS MADE BY THE CLIENT.
PACIFIC ARCH & ENG, INC. 0FFICE: 310-424-9658 DATE: 04/06/23 1137 SECOND STREET, SUITE 214
SANTA MONICA, CA 90403 REV: 0
COMPETITIVE BIDDING:
ESCALATION:
ESCALATION CALCS:
ESCALATION (17 MONTHS TO MPC AT 8% P/A)
ESCALATION PER YEAR: 8.0%
ESTIMATE DATE: 04/06/23
START DATE: 06/01/24 CONST. LEN: 4.0 MONTHS
FINISH DATE: 10/01/24 MID-POINT: 17.0 MONTHS
OTHER COST IMPACTS:
WAGE RATES:
WORK SCOPE CHANGES:
PHASES: NONE
PRORATES: AREA SF: GSF
GENERAL CONDITIONS: 25.0% NON-ADA AREAS 2,892
CONST. CONTINGENCY: 15.0% ADA AREAS 192
DESIGN CONTINGENCY: 10.0%
ESCALATION: 11.4%
BONDS: 3.0%
INSURANCE: 1.0%
OVERHEAD & PROFIT: 20.0% TOTAL BUILDING AREA 3,084
THE PRICES IN THIS ESTIMATE ARE BASED ON COMPETITIVE BIDDING. COMPETITIVE BIDDING IS RECEIVING RESPONSIVE BIDS FROM AT LEAST FIVE OR MORE GENERAL CONTRACTORS AND THREE OR MORE RESPONSIVE BIDS FROM MAJOR SUBCONTRACTORS OR TRADES.
MAJOR SUBCONTRACTORS ARE CONCRETE, MASONRY, STRUCTURAL STEEL, FRAMING, ROOFING, MECHANICAL, PLUMBING AND ELECTRICAL SUBCONTRACTORS AND ANY OTHER MAJOR COMPONENTS OF THE PROJECT.
WITHOUT COMPETITIVE BIDDING, CONTRACTOR BIDS CAN AND HAVE RANGED FROM 25% TO 100% AND MORE OVER THE PRICES IN THIS ESTIMATE, DEPENDING ON THE SIZE OF THE JOB. WITH COMPETITIVE BIDDING, CONTRACTOR BIDS CAN RANGE AS LOW AS 25% BELOW THE PRICES IN THIS ESTIMATE BASED ON CURRENT MARKET CONDITIONS.
ESCALATION IS BASED ON 8.0% PER YEAR AND CARRIED FROM THE ESTIMATE DATE TO THE MID-POINT OF CONSTRUCTION. ONE
MAJOR FACTOR IN ESCALATION IS INFLATION AND WE MAY BE IN A TIME PERIOD WITH THE POTENTIAL FOR EXTREME INFLATIONARY PRESSURES. THERE ARE TOO MANY VARIABLES TO DETERMINE HOW ESCALATION WILL IMPACT ANY SPECIFIC PROJECT. THERE MAY ONLY BE NEGLIGIBLE IMPACT OR IT MAY BE GREATER THAN ANTICIPATED.
THIS OPINION OF COST IS BASED ON MARKET WAGE-RATES & CONDITIONS AND CURRENTLY APPLICABLE PREVAILING WAGES IN LOS ANGELES COUNTY.
THE USER IS CAUTIONED THAT SIGNIFICANT CHANGES IN THE SCOPE OF THE PROJECT, OR ALTERATIONS TO THE PROJECT DOCUMENTS AFTER COMPLETION OF THIS OPINION OF COST ESTIMATE CAN CAUSE MAJOR COST CHANGES. IN THIS CIRCUMSTANCE, DESIGN TEAM SHOULD BE NOTIFIED AND AN APPROPRIATE ADJUSTMENT MADE TO THIS OPINION OF COST ESTIMATE.
OTHER COST IMPACTS WITH NEGATIVE EFFECT THAT MAY POSSIBLY OCCUR AT BID TIME OR DURING CONSTRUCTION CAN INCLUDE
CONTRACTOR & SUBCONTRACTOR AVAILIBITY, MATERIAL SUPPLY CHAIN SHORTAGES, LABOR SHORTAGES, THE WEATHER, VANDALISM AND UNFORESEEN OR HIDDEN EXISTING CONDITIONS.
PACIFIC ARCH & ENG, INC. 0FFICE: 310-424-9658 DATE: 04/06/23 1137 SECOND STREET, SUITE 214
SANTA MONICA, CA 90403 REV: 0
SUPPLIER PROVIDED QUOTES & OTHER CONTACTS:
NONE
GENERAL EXCLUSIONS (UNLESS OTHERWISE NOTED):
1. ARCHITECTURAL FEES, ENGINEERING FEES & OTHER SOFT COSTS.
2. THE COST OF LAND & EASEMENT ACQUISITION.
3. ASSESSMENTS, TAXES, FINANCE, LEGAL & DEVELOPMENT CHARGES.
4. COMPRESSION OF SCHEDULE & PREMIUM OR SHIFT WORK.
5. RESTRICTIONS ON THE CONTRACTOR'S WORKING HOURS.
6. BUILDER'S RISK, PROJECT WRAP-UP & OTHER OWNER PROVIDED INSURANCE PROGRAMS.
7. SUSTAINABLE DESIGN & LEED REQUIREMENTS.
8. HAZARDOUS MATERIAL HANDLING, DISPOSAL & ABATEMENT.
9. ENVIRONMENTAL IMPACT MITIGATION.
10. OWNER SUPPLIED & INSTALLED FURNITURE, FIXTURES & EQUIPMENT.
11. LOOSE FURNITURE & EQUIPMENT EXCEPT AS SPECIFICALLY IDENTIFIED.
PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 REV: 0
Plan Check Set
TAB DESCRIPTION ADJ SF UNIT COST TOTAL
PROJECT SUMMARY
BASE BID 3,084 SF $477.46 1,472,500 $
SPECULATIVE BID RANGE FORECAST
BASED ON CURRENT MARKET CONDITIONS
AND GENERAL CONTRACTOR BIDDER PARTICIPATION LEVELS
% BASE
1 - 2 GC BIDDERS 100% 2,945,000 $
2 - 3 GC BIDDERS 75% 2,576,900 $
3 - 4 GC BIDDERS 50% 2,208,800 $
4 - 5 GC BIDDERS 25% 1,840,700 $
5 - 6 GC BIDDERS 0% 1,472,500 $
6 - 7 GC BIDDERS -5% 1,398,900 $
7 - 8 GC BIDDERS -10% 1,325,300 $
8 - 9 GC BIDDERS -15% 1,251,700 $
10 + GC BIDDERS -20% 1,178,000 $
NOTE: THE BASIC CONCEPT IS THAT HISTORICALLY WITH FEWER GC BIDDERS PRICES WILL GENERALLY RISE AND WITH MORE GC BIDDERS PRICES WILL GENERALLY FALL. 4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf (F-86) Page 1 of 1 230 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
BASE BID
1.10 GENERAL CONDITIONS INCLUDED IN PRORATES - NONE
2.10 SITEWORK 9.5% 22.60 69,700
2.20 DEMOLITION 4.9% 11.61 35,800
3.10 CONCRETE 12.1% 28.79 88,800
6.10 CARPENTRY 15.9% 37.97 117,100
8.10 DOORS & WINDOWS 11.9% 28.47 87,800
9.10 FINISHES 13.1% 31.13 96,000
9.50 TILE 8.7% 20.82 64,200
10.10 SPECIALTIES 1.5% 3.50 10,800
11.10 APPLIANCES 0.2% 0.49 1,500
12.10 FURNISHINGS 0.8% 1.95 6,000
21.10 FIRE PROTECTION 0.8% 2.01 6,200
22.10 PLUMBING 8.6% 20.53 63,300
23.10 HVAC 3.7% 8.72 26,900
26.10 ELECTRICAL 8.4% 19.94 61,500
TOTAL DIRECT COST $238.52 735,600 $
PRORATES
GENERAL CONDITIONS 25.0% 183,900
CONSTRUCTION CONTINGENCY 15.0% 110,400
DESIGN CONTINGENCY 10.0% 73,600
ESCALATION 11.4% 83,900
SUBTOTAL $385.02 1,187,400 $
CONTRACTOR BURDENS
BONDS 3.0% 35,700
INSURANCE 1.0% 11,900
OVERHEAD & PROFIT 20.0% 237,500
BASE BID - TOTAL PROJECT COSTS $477.46 1,472,500 $
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 1 of 7 231 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
1.10 GENERAL CONDITIONS
See Prorates Above. 0.00 -
-
SUBTOTAL 1.10 $0.00 SF NONE
2.10 SITEWORK
Rough & Fine Grading (Allowance) 1 LS 2,500.00 2,500
New Asphalt Paving 710 SF 15.00 10,700
New Sewer Line, PVC, 4" 250 LF 150.00 37,500
New Water Line, Copper Type K, 1" 80 LF 50.00 4,000
Restore Landscaping & Irrigation (Allowance) 1 LS 15,000.00 15,000 -
SUBTOTAL 2.10 $22.60 SF 69,700
2.20 DEMOLITION
Mass Demolition Areas (Per SF Allowance) 250 SF 20.00 5,000 Demo (e) Asphalt Paving 710 SF 2.50 1,800
Demo (e) Brick Paving 320 SF 2.50 800
Demo (e) Cabinets 38 LF 35.00 1,300
Demo (e) Conc. For New Arch Vault Door Opening 1 LS 3,500.00 3,500 Demo (e) Flooring Only (Per SF Allowance) 2,976 SF 2.50 7,400 Demo (e) Landscaping 330 SF 2.50 800
Demo (e) Power & Data Trench, 18"w 41 LF 50.00 2,100
Demo (e) Restroom Floor Concrete 192 SF 10.00 1,900
Haul & Disposal Fees (Allowance) 1 LS 6,200.00 6,200
Sawcutting (Allowance) 1 LS 5,000.00 5,000
-
SUBTOTAL 2.20 $11.61 SF 35,800
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 2 of 7 232 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
3.10 CONCRETE
New Restroom Sloping Concrete & Substrate 192 SF 35.00 6,700 Float & Level Previous Restroom Floor 114 SF 10.00 1,100 Concrete Curb, Restrooms, 6" 90 LF 65.00 5,900
Power & Data Trench, 18"w 41 LF 225.00 9,200
Entry Porch Columns, Concrete Footings 3 CY 1,500.00 4,500 Concrete Entry Walk, 4" 440 SF 25.00 11,000
Concrete Vault Fill-In, 10" Thk 1 LS 5,000.00 5,000
Truncated Domes 14 SF 30.00 400
Misc. Concrete Work (Allowance) 1 LS 10,000.00 10,000
Special Structural Inspections (Allowance) 1 LS 35,000.00 35,000 -
SUBTOTAL 3.10 $28.79 SF 88,800
6.10 CARPENTRY
Rough Carpentry
Wood Framed Int. Walls, 2x4 x 32 lf 330 SF 30.00 9,900
Wood Framed Int. Walls, 2x6 x 24 lf 220 SF 35.00 7,700
Wood Framed Int. Furr Walls, 2x4 x 8 lf 80 SF 30.00 2,400 Wood Framed Ext. Walls, 2x4 x 10 lf 90 SF 30.00 2,700
Wood Framed Ext. Walls, 2x8 x 22 lf 200 SF 40.00 8,000
Wood Framed Restroom Ceilings, 2x6 192 SF 40.00 7,700
Temporary Shoring at Header Beams (Allowance) 1 LS 1,000.00 1,000 New Front Entry Wood Header Beams, 6x12 21 LF 250.00 5,300 New Front Entry Wood Columns, 6x6 4 EA 1,250.00 5,000
New Wall Wood Column, 4x6 1 EA 950.00 1,000
New Shear Ply Wall, 5/8" 160 SF 15.00 2,400
New Hold Downs, HDU5 2 EA 150.00 300
Reframe (e) Door Openings 14 EA 500.00 7,000
Misc. Rough Carpentry (Per SF Allowance) 3,084 SF 5.00 15,400 4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 3 of 7 233 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
Finish Carpentry
Base Cabs, Kitchen 11 LF 650.00 7,200
Wall Cabs, Kitchen 9 LF 450.00 4,100
Kitchen Countertops w/ Backsplash 11 LF 250.00 2,800
Base Cabs, Workroom 10 LF 650.00 6,500
Wall Cabs, Workroom 10 LF 450.00 4,500
Workroom Countertops w/ Backsplash 10 LF 250.00 2,500
Lobby Reception Desk 10 LF 750.00 7,500
Misc. Finish Carpentry (Per SF Allowance) 3,084 SF 2.00 6,200 -
SUBTOTAL 6.10 $37.97 SF 117,100
8.10 DOORS & WINDOWS
Doors, Frames & Std Hardware
New Int. Doors, SC Wood, 3'x7' 12 EA 3,250.00 39,000
New Ext. Doors, Storefront, 6'x7' 3 PR 6,500.00 19,500
New Ext. Doors, Hollow Metal, 3'x7' 1 EA 3,250.00 3,300 Reinstall Salvaged Doors 1 EA 1,000.00 1,000
Includes Frames & Standard Hardware
Additional Hardware
Panic Hardware 8 EA 1,500.00 12,000
Self Closers 14 EA 750.00 10,500
Windows, Interior
Windows, Fixed, 12"x30" 2 EA 1,250.00 2,500
-
SUBTOTAL 8.10 $28.47 SF 87,800
9.10 FINISHES
Wall Finishes
Stucco, Exterior, 3 Coats (Allowance) 1 LS 10,000.00 10,000 Gypboard, Walls, Type X, 5/8" 2,461 SF 7.50 18,500
Insulation/Sound Batts 600 SF 2.50 1,500
Misc. Patch & Repair (Per SF Allowance) 3,084 SF 2.50 7,700 Flooring
Carpet Tiles 2,275 SF 15.00 34,100
Vinyl Comp Tile 212 SF 15.00 3,200
Vinyl Base, 4" 660 LF 7.50 5,000
Transition Strip 11 LF 10.00 100
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 4 of 7 234 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
Ceilings
Gypboard, Ceilings, Type X, 5/8" 192 SF 7.50 1,400
Painting
Painting, Walls, 3 Coats 1,750 SF 2.50 4,400
Painting, Ceilings, 3 Coats 192 SF 2.50 500
Paint/Stain Doors 25 EA 200.00 5,000
Misc. Additional Painting (Per SF Allowance) 3,084 SF 1.50 4,600 -
SUBTOTAL 9.10 $31.13 SF 96,000
9.50 TILE
Restrooms
Ceramic Tile, Floor 184 SF 40.00 7,400
Ceramic Tile, Wall, 8'2" 720 SF 50.00 36,000
Lobby
Ceramic Tile, Floor 430 SF 40.00 17,200
Ceramic Tile, Base 72 LF 50.00 3,600
-
SUBTOTAL 9.50 $20.82 SF 64,200
10.10 SPECIALTIES
Toilet Partitions & Accessories
Coat Hooks 3 EA 100.00 300
Grab Bar Sets, Drinking Fountain 1 EA 450.00 500
Grab Bar Sets, Toilet 3 EA 450.00 1,400
Mirrors 3 EA 200.00 600
Paper Towel Dispenser & Waste Combo 3 EA 950.00 2,900
Seat Cover Dispensers 3 EA 100.00 300
Soap Dispensers 3 EA 100.00 300
Toilet Paper Dispensers 3 EA 100.00 300
General Building Specialties
Corner Guards 3 EA 100.00 300
Markerboards, 6'x4' 1 EA 600.00 600
TV Wall Mounting Bracket 1 EA 750.00 800
Misc. General Building Specialties (Allowance) 1 LS 2,500.00 2,500 -
SUBTOTAL 10.10 $3.50 SF 10,800
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 5 of 7 235 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
11.10 APPLIANCES
Refrigerator, Under Counter 1 EA 1,500.00 1,500
-
SUBTOTAL 11.10 $0.49 SF 1,500
12.10 FURNISHINGS
Reception Office Cubicles 3 EA 2,000.00 6,000
-
SUBTOTAL 12.10 $1.95 SF 6,000
21.10 FIRE PROTECTION
Adjust Sprinkler Heads (Per SF Allowance) 3,084 SF 2.00 6,200 -
SUBTOTAL 21.10 $2.01 SF 6,200
22.10 PLUMBING
Toilets 3 EA 3,000.00 9,000
Urinals 1 EA 1,750.00 1,800
Lavatories 3 EA 1,250.00 3,800
Kitchen Sink 1 EA 1,250.00 1,300
Drinking Fountain w/ Water Bottle Filler 1 EA 1,750.00 1,800 Plumbing Rough-Ins 9 EA 3,750.00 33,800
Sterilization & Testing 1 LS 1,500.00 500
Floor Drains 3 EA 1,200.00 3,600
Misc. Plumbing Work (Per SF Allowance) 3,084 SF 2.50 7,700 -
SUBTOTAL 22.10 $20.53 SF 63,300
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 6 of 7 236 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 0
LOCATION: ROLLING HILLS, CALIFORNIA 90274 PREPARED BY: RHW CLIENT: CITY OF ROLLING HILLS CHECKED BY: JFH
DESCRIPTION: RENOVATIONS & ADA UPGRADES ESTIMATE DATE: 04/06/23 ADJUSTED GSF: 3,084
REV 0
Plan Check Set
DIV # DESCRIPTION QUANTITY UNIT COST TOTAL
23.10 HVAC
Exhaust Fans, 100 CFM 2 EA 1,500.00 3,000
Exhaust Fans, 50 CFM 2 EA 1,000.00 2,000
Registers, CFM 180 1 EA 600.00 600
Registers, CFM 80 1 EA 500.00 500
Registers, CFM 60 1 EA 400.00 400
Registers, CFM 40 2 EA 300.00 600
Spiral Duct, 8" d. Return Air 40 LF 65.00 2,600
Spiral Duct, 6" d. Return Air 20 LF 45.00 900
Spiral Duct, 6" d. Exhaust Fans 24 LF 25.00 600
Door Louver, 12"x18" 1 EA 300.00 300
Misc. HVAC Work (Per SF Allowance) 3,084 SF 5.00 15,400 -
SUBTOTAL 23.10 $8.72 SF 26,900
26.10 ELECTRICAL
LIGHTING
Type A - Linear Light, LED, Bartco 4 EA 450.00 1,800
Type B - Bathroom Vanity Light, LED, Air LED 3 EA 400.00 1,200 Type C - Troffer Light, 2x4, LED, Lithonia 4 EA 450.00 1,800 Type D - High Ceiling Downlight, LED, Focal Point 10 EA 350.00 3,500 Emergency Lights (Add) 11 EA 100.00 1,100
Occupancy Sensors 8 EA 350.00 2,800
Switches, Single Pole 3 EA 300.00 900
Switches, 3 Way 6 EA 350.00 2,100
Conduit & Wire 950 LF 7.50 7,100
POWER
Duplex Outlets 4 EA 250.00 1,000
Duplex Outlets, GFI 4 EA 350.00 1,400
Quadplex Outlets 2 EA 450.00 900
J-Boxes 3 EA 200.00 600
Mechanical Connections 3 EA 300.00 900
New Service Panel "U" 1 EA 10,000.00 10,000
Relocate (e) Panel "V" 1 EA 3,500.00 3,500
Relocate (e) Telephone Back Panel 1 EA 2,500.00 2,500
Conduit & Wire 400 LF 7.50 3,000
Misc. Electrical Work (Per SF Allowance) 3,084 SF 5.00 15,400 -
SUBTOTAL 26.10 $19.94 SF 61,500
4/11/2023 Rolling Hills City Hall Renovations 90% CD Estimate Rev 0_jf Page 7 of 7 237 Agenda Item No.: 13.A
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: DAVID H. READY
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 383, AMENDING CHAPTER 15.20 (FIRE CODE) OF TITLE 15 (BUILDINGS
AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE
AND FINDING THE ORDINANCE IS EXEMPT FROM CEQA
DATE: June 26, 2023
BACKGROUND:
Every three years, the California Building Standards Commission, together with other state agencies (e.g., the Department of Housing and Community Development), updates the state’s building standards by adopting a new edition of the California Building Standards Code (“CBSC”). The CBSC consists of multiple building codes codified in Title 24 of the California Code of Regulations (these include the state Fire Code, Title 24, Part 9). Effective January 1, 2023, these building standards apply to all building occupancies throughout the state, whether or not they are adopted by a local jurisdiction. Cities and counties, however, will typically pass ordinances adopting the CBSC by reference for the purpose of amending the state standards in accordance with local conditions and to adopt administrative provisions (e.g., fees, remedies for code violations, etc.).
Local amendments must be specific to each edition of the CBSC. State law also provides that cities and counties may adopt amendments to the state building standards only if the local governing body (i.e., the City Council) finds that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions, and if the local amendments are at least as restrictive as the state standards. (Administrative provisions that do not establish building standards may be enacted without necessity findings.) Traditionally, the City of Rolling Hills has adopted the CBSC as adopted and amended by Los Angeles County. On January 31, 2023, the County Board of Supervisors adopted the new county Fire Code with local amendments, which came into effect on March 2, 2023. Attached to this report is a letter from the Los Angeles County Fire Department summarizing the adoption of the County ordinance.
DISCUSSION:
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Ordinance No. 383 largely functions to adopt the current edition of the Fire Code, as amended by the Los Angeles County Code.
Under State law, only those building standards that are effective at the local level at the time an application for a building permit is submitted apply to the plans and the construction performed under that building permit.
As the City’s local modifications are necessitated by the area’s topographic, geologic and climatic conditions, allowing structures to be built absent the requirements of these tailored building standards presents a risk to the public health, safety, and welfare. (Specifically, the City is located in a Very High Fire Hazard Severity Zone characterized by hot, dry summers and heavy winter rains which result in expansive soil conditions. The area’s topography is also marked by geological instability, all of which conditions are addressed through the regional and local amendments to the CBSC.)
The City Council previously adopted Ordinance No. 382 on January 9, 2023, which noted in part that the statewide Fire Code was to take effect in the City without modification. The proposed Ordinance No. 383 further amends Rolling Hills Municipal Code (RHMC) Chapter
15.20 (Fire Code) to reflect that the Los Angeles County Board of Supervisors has since amended its version of Title 32, Fire Code.
ENVIRONMENTAL REVIEW:
This ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change to the environment. Most of the terms of the building standards in the proposed Ordinance are dictated by the California Buildings Standards Code and county amendments to the state standards only make those modifications necessary for local regional conditions which are at least as protective of the environment as the state codes. City-specific amendments are limited to creating administrative processes for local enforcement of the state building standards. Alternatively, even if the ordinance is a project within the meaning of CEQA, its adoption is exempt from CEQA under the general rule that CEQA only applies to projects that may cause significant adverse effects on the environment. Pursuant to CEQA Guideline section 15061(b)(3), as this ordinance is largely administrative in nature, there is no possibility that the City’s action would adversely affect the environment in any manner that could be significant.
FISCAL IMPACT:
Building plan check and permit fees are paid to compensate the City for expenditures associated with these activities. As the changes in the Codes are minor, the fees collected will continue to match the expenditures, and there will be no net fiscal impact to the City.
RECOMMENDATION:
• Introduce for first reading by title only Ordinance No.383 regarding the Fire Code; and • Schedule a public hearing for adoption of the Ordinance for a later date; and • Direct staff to publish notice of such hearing pursuant to Government Code section 6066.
ATTACHMENTS:
383_FireCodeOrdinance_D.pdf
CL_AGN_230626_CC_RedlineVersion_Chapter15.20.pdf
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CL_AGN_230626_CC_LACounty_FireCodeTitle32Letter_051123.pdf CL_AGN_230626_CC_GuidanceSuggestedModelOrdinance_LACFireCode2023Edition_042723.pdf 240
ORDINANCE NO. 383
AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA,
ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS
ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE
CODE, 2022 EDITION, WITH CERTAIN CHANGES AND AMENDMENTS; AMENDING CHAPTER 15.20 OF THE ROLLING HILLS MUNICIPAL
CODE; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, in July 2022, the California Building Standards Commission adopted the 2022 Edition of the California Building Standards Code (“CBSC”), effective January 1, 2023, and codified in Title 24 of the California Code of Regulations (“CCR”).
WHEREAS, the CBSC consists of building standards that regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, electrical systems, plumbing, mechanical systems, and maintenance of all buildings in the state and includes the California Fire Code (CCR, Title 24, Part 9).
WHEREAS, on January 31, 2023, the Los Angeles County Board of Supervisors adopted Ordinance No. 2023-0008, amending Title 32 of the Los Angeles County Code by repealing and replacing it with the 2022 Edition of the California Fire Code and making certain local changes and amendments thereto.
WHEREAS, pursuant to California Government Code Section 50022.2, the City of Rolling Hills (“City”) may adopt the 2022 Edition of the California Fire Code by reference.
WHEREAS, pursuant to sections 17958.7 and 18941.5 of the California Health & Safety Code, the City may adopt local amendments to the California Fire Code determined by the City Council to be reasonably necessary because of local climatic, geological, or topographical conditions.
WHEREAS, the City desires to adopt Title 32 of the Los Angeles County Code and the 2022 Edition of the California Fire Code without further local amendments.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and are incorporated herein.
Section 2. Chapter 15.20 (Fire Code) of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows:
241
“Chapter 15.20 FIRE CODE
15.20.010 Adoption of Fire Code.
15.20.020 Short title.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
15.20.030 Permits.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
15.20.060 Responsibility.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on March 2, 2023, which constitutes an amended version of the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations), is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said codes shall constitute the Fire Code of the City of Rolling Hills.
In the event of any conflict between provisions of the California Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the latter-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2022 Edition, has been deposited in the office of the City Clerk and shall be at all times while in force maintained by the Clerk for use and examination by the public.
15.20.020 Short title.
This chapter shall be known as the “Fire Code of the City of Rolling Hills” and may be cited as such.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
The entire City of Rolling Hills is designated as a very high fire hazard severity zone, as prescribed by the Director of the California Department of Forestry and Fire Protection and as designated on a map titled City of Rolling Hills VHFHSZ dated July 1, 2008, and which shall be retained on file in the City Clerk’s office at the Rolling Hills City Hall.
15.20.030 Permits.
Any permit heretofore issued by the County of Los Angeles pursuant to the Fire Code of said County, for work within the territorial boundaries of the 242
City of Rolling Hills, shall remain in full force and effect according to its terms.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
Every person violating any provision of the Fire Code or of any permit or license granted hereunder, or any rule, regulation, or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is declared to be an infraction by the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted, and conviction of any such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.
15.20.060 Responsibility.
Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control; allows any hazardous material to be handled, stored, or transported in a manner not in accordance with nationally recognized standards; allows any hazardous material to escape from his or her control; neglects to properly comply with any written notice of the Chief; or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, express or implied.” Section 3. All inconsistencies between the Fire Code, as adopted by this ordinance, and Part 9 of the California Code of Regulations are changes, modifications, amendments, additions, or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7.
Section 4. Justifications for Local Amendments. The City Council hereby finds that the changes and modifications to the California Fire Code enacted by this ordinance are reasonably necessary because of the City’s local climate, which is characterized by:
hot, dry summers often resulting in drought conditions; strong Santa Ana winds often resulting in hazardous fire conditions; heavy winter rains often resulting in expansive soil conditions; the City’s geological characteristics in that the area is characterized by geological instability; the City’s location in Southern California; and the relatively flat topography of the City.
243
The City Council hereby finds that the modifications to the State Fire Code in Title 32 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions within the City of Rolling Hills. Further, the modifications to the Fire Code in Title 32 of the Los Angeles County Code are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City’s staff and administrative agencies by means suited to the City’s experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analyses required by the City’s fire and geological hazards.
Section 5. To the extent the provisions of this ordinance are substantially the same as previous provisions of the Rolling Hills Municipal Code, these sections shall be construed as continuations of those provisions and not as new enactments, unless otherwise required by law.
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance or any part hereof is for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.
Section 7. California Environmental Quality Act. The City Council finds that this ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change to the environment. Most of the terms of the building standards adopted herein are dictated by the California Building Standards Code and county amendments to the state standards only make those modifications necessary for local regional conditions which are at least as protective of the environment as the state codes.
City-specific amendments, if any, are limited to creating administrative processes for local enforcement of the state building standards, as modified by the county. Alternatively, even if the ordinance is a project within the meaning of CEQA, its adoption is exempt from CEQA under the general rule that CEQA only applies to projects that may cause significant adverse effects on the environment. CEQA Guideline section 15061(b)(3). As this ordinance is largely administrative in nature, there is no possibility that the City’s action would adversely affect the environment in any manner that could be significant.
Section 8. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission pursuant to section 17958.7 of the California Health and Safety Code.
244
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage and adoption, consistent with California Government Code section 36937.
PASSED, APPROVED and ADOPTED this __ day of _______, 2023. _________________________________
Patrick Wilson, Mayor
ATTEST:
Christian Horvath, City Clerk
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
245
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. 383 was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the ___ day of __________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
246
REDLINE VERSION – FOR REFERENCE ONLY
Chapter 15.20 FIRE CODE
15.20.010 Adoption of Fire Code.
15.20.020 Short title.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
15.20.030 Permits.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
15.20.060 Responsibility.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on March 2, 2023, which constitutes an amended version of the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations), based on the International Fire Code, 2021 Edition, is hereby adopted by reference and may be cited as made a part of this chapter as though set forth in this chapter in full. Said codes shall constitute the Fire Code of the City of Rolling Hills.
In the event of any conflict between provisions of the California Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later latter-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2022 Edition, has been deposited in the office of the City Clerk and shall be at all times while in force maintained by the Clerk for use and examination by the public.
15.20.020 Short title.
This chapter shall be known as the “Fire Code of the City of Rolling Hills” and may be cited as such.
15.20.025 Very high fire hazard severity zone (VHFHSZ).
The entire City of Rolling Hills is designated as a very high fire hazard severity zone, as prescribed by the Director of the California Department of Forestry and Fire Protection and as designated on a map titled City of Rolling Hills VHFHSZ dated July 1, 2008, and which shall be retained on file in the City Clerk’s office at the Rolling Hills City Hall.
15.20.030 Permits.
Any permit heretofore issued by the County of Los Angeles pursuant to the 247
REDLINE VERSION – FOR REFERENCE ONLY
Fire Code of said County, for work within the territorial boundaries of the City of Rolling Hills, shall remain in full force and effect according to its terms.
15.20.035 Reserved.
15.20.040 Local amendments—Reserved.
15.20.050 Violations.
Every person violating any provision of the Fire Code or of any permit or license granted hereunder, or any rule, regulation, or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is declared to be an infraction by the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted, and conviction of any such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.
15.20.060 Responsibility.
Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control,; allows any hazardous material to be handled, stored, or transported in a manner not in accordance with nationally recognized standards,; allows any hazardous material to escape from his or her control; neglects to properly comply with any written notice of the Chief,; or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, express or implied. 248
ANTHONY C. MARRONE
FIRE CHIEF
FORESTER & FIRE WARDEN
"Proud Protectors of Life,
the Environment, and Property"
May 11 , 2023
COUNTY OF LOS ANGELES
FIRE DEPARTMENT
1320 NORTH EASTERN AVENUE
LOS ANGELES, CALIFORNIA 90063-3294
(323) 881-2401
www.fire.lacounty.gov
BOARD OF SUPERVISORS
JANICE HAHN, CHAIR
FOURTH DISTRICT
HILDA L. SOLIS
FIRST DISTRICT
LINDSEY P. HORVATH
THIRD DISTRICT
HOLLY J. MITCHELL
SECOND DISTRICT
KATHRYN BARGER
FIFTH DISTRICT
ATTENTION ALL CITY MANAGERS
ADOPTION OF THE 2023 LOS ANGELES COUNTY FIRE CODE - TITLE 32 This is to advise you that on January 31, 2023, the County of Los Angeles (County) Board of Supervisors adopted amendments to the Los Angeles County Code Title 32, also known as the Los Angeles County Fire Code (LACFC), which became effective on March 2, 2023. The 2023 LACFC is now active in all areas within the jurisdiction of the Consolidated Fire Protection District of the County of Los Angeles.
These local amendments are a set of regulations for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.
RESPONSIBILITIES
All City Managers shall adopt/ratify by ordinance or resolution the 2023 LACFC as the City's Fire Code, and file/transmit the associated city council documentation and findings, as described in the enclosed document.
To assist you in this process, the enclosure also includes sample city ordinance/resolution language.
City Managers may access a copy of the Certified LACFC County Ordinance (#2023-0008) at https://file.lacounty.gov/SDSlnter/bos/supdocs/177579.pdf.
AGOURA HILLS
ARTESIA
AZUSA
BALDWIN PARK
BELL
BELL GARDENS
BELLFLOWER
BRADBURY
CALABASAS
SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF:
CARSON
CERRITOS
CLAREMONT
COMMERCE
COVINA
CUDAHY
DIAMOND BAR
DUARTE
EL MONTE
GARDENA
GLENDORA
HAWAIIAN GARDENS
HAWTHORN E
HERMOSA BEACH
HIDDEN HILLS
HUNTINGTON PARK
INDUSTRY
INGLEWOOD
IRWINDALE
LA CANADA-FLINTRIDGE
LA HABRA
LA MIRADA
LA PUENTE
LAKEWOOD
LANCASTER
LAWNDALE
LOMITA
LYNWOOD
MALIBU
MAYWOOD
NORWALK
PALMDALE
PALOS VERDES ESTATES
PARAMOUNT
PICO RIVERA
POMONA
RANCHO PALOS VERDES
ROLLING HILLS
ROLLING HILLS ESTATES
ROSEMEAD
SAN DIMAS
SANTA CLARITA
SIGNAL HILL
SOUTH EL MONTE
SOUTH GATE
TEMPLE CITY
VERNON
WALNUT
WEST HOLLYWOOD
WESTLAKE VI LLAGE
WH ITIIER 249
All City Managers
May 11, 2023
If you need any assistance with the LACFC or a more restrictive building standard adoption process, please contact Battalion Chief Richard Stillwagon, at (323) 890-4124, or Fire Fighter Specialist Joshua Costello, at (213) 503-5468.
Very truly yours,
FIRE M S AL ALBERT YANAGISAWA
FIRE PREVENTION DIVISION
AY:es
Enclosure
c: Board Fire Deputies
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ADOPTION & FILING OF THE
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Rev. 2023-03-23 Page 1 of 35
BACKGROUND:
The Los Angeles County Fire Code (LACFC) is adopted by the County of Los Angeles (County) Board of Supervisors for the County and the Consolidated Fire Protection District of Los Angeles County (District). It is also designed and promulgated to be adopted/ratified by reference through official action by the governing bodies of the constituent/contracting cities of the District.
The 2023 edition of the LACFC (as established by County Ordinance 2023-0008), which is codified as Los Angeles County Code (LACC) Title 32, serves to express the County and District amendments to the 2022 edition of the California Fire Code (CFC). These local amendments are a set of regulations for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.
The CFC, being Part 9 of the California Building Standards Code (i.e., Part 9 of CCR Title 24), is limited in scope to only address building standards. As such, the State does not adopt many portions of the CFC publication, and many essential fire- and life-safety regulations are left out, including basic fire apparatus access provisions. The unadopted portions of the CFC come from the International Fire Code (IFC), and they serve as suggested provisions for local fire authorities to consider for adoption. The State permits these unadopted provisions to remain in the CFC publication because it is expected that the local fire authority will promulgate local amendments to the CFC publication as necessary during the local fire-code adoption proceedings.
While local fire codes are required to incorporate the State-adopted portions of the latest CFC, these local fire codes are not limited in scope the way the CFC is; and local fire codes can be more restrictive than even the State-adopted portions. As such, local fire codes adopt the latest CFC by reference and then amend and add to it as necessary to be more specific and restrictive in order to address local safety and administrative needs.
RECOMMENDATIONS:
1. Adopt/ratify, by reference, the 2023 Los Angeles County Fire Code (LACC Title 32) as the fire code of your City:
See the samples of suggested ordinance/resolution text farther below in this document.
The certified County Ordinance, #2023-0008, is available at:
https://file.lacounty.gov/SDSInter/bos/supdocs/177579.pdf
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ADOPTION & FILING OF THE
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Rev. 2023-03-23 Page 2 of 35
2. File the City ordinance/resolution with the State of California:
The following documents should be transmitted by the constituent/contracting City to the California Department of Housing and Community Development (HCD), the California Building Standards Commission (CBSC), and the District (at the addresses shown in Item #3 below):
(a) The city-governing-body signed and approved adopting ordinance/resolution/motion.
(b) The associated findings of the city in support/justification of the amendments being made to the 2022 edition of Part 9 of CCR Title 24 (i.e., the 2022 CFC). These findings are at the end of the LACFC County Ordinance #2023-0008 (Section 445 thereof) and are also being included at the end of this document, as Exhibit [X].
3. Address the above documents, to be filed with the State, to:
1.) HCD:
Department of Housing and Community Development
Division of Codes and Standards
State Housing Law Program
9342 Tech Center Drive, Suite 500
Sacramento, CA 95826
[email protected]
2.) CBSC:
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833-2936
[email protected]
3.) Los Angeles County Fire Department:
Consolidated Fire Protection District of Los Angeles County Fire Prevention Division
Assistant Chief Albert Yanagisawa, Fire Marshal
[email protected],
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ADOPTION & FILING OF THE
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Rev. 2023-03-23 Page 3 of 35
Fire Fighter Specialist Joshua Costello, Codes and Ordinances Unit [email protected] and
[email protected]
The following samples of adoption/ratification language serve only as suggestions of city language for the aforementioned city proceedings.
Following the sample legislation is Exhibit [X] (“FINDINGS IN SUPPORT OF ADOPTION OF MORE RESTRICTIVE BUILDING STANDARDS”), which is the extract of Section 445 of County Ordinance # 2023-0008, the ordinance that created the 2023 edition of the Los Angeles County Fire Code. These findings should be referenced in the city’s ordinance/resolution.
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ADOPTION & FILING OF THE
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Rev. 2023-03-23 Page 4 of 35
SAMPLE #1 of LEGISLATION FOR ADOPTION:
ORDINANCE/RESOLUTION NO. _________
A[N] [ORDINANCE/RESOLUTION] of the [NAME OF CITY] adopting the 2023 edition of the Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the [NAME OF CITY]; providing for the issuance of permits and collection of fees therefor; repealing [ORDINANCE/RESOLUTION] No. ______ of the [NAME OF CITY].
The [GOVERNING BODY] of the [NAME OF CITY] does ordain as follows:
Section l. That a certain document, being marked and designated as the Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), 2023 edition, including chapters and appendices as designated by Los Angeles County Fire Code Sections 100 and 101.2.1, and incorporating by reference therein the California Fire Code, 2022 edition, in its entirety, as amended, and certain portions of the International Fire Code, 2021 edition, not otherwise adopted, as amended, be and is hereby adopted as the Fire Code of the [NAME OF CITY], in the State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the [NAME OF CITY] are hereby referred to, adopted, and made a part hereof, as if fully set out in this [ORDINANCE/RESOLUTION], with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
Section 2. That the following sections are hereby revised:
Fire Code Section _____. Insert: ______.
Section 3. That [ORDINANCE/RESOLUTION] No.______ of [NAME OF CITY] entitled [FILL IN HERE THE COMPLETE TITLE OF THE FIRE CODE LEGISLATION OR
LAWS IN EFFECT AT THE PRESENT TIME IN YOUR CITY SO THAT THEY WILL BE REPEALED BY SPECIFIC REFERENCE] and all other previous ordinances or parts of laws in conflict herewith are hereby repealed.
Section 4. The [GOVERNING BODY] finds that each of the changes and modifications to the California Fire Code adopted in this [ORDINANCE/RESOLUTION] are reasonably necessary due to the local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the [NAME OF CITY]; and the [GOVERNING BODY] further finds that each of the specific findings set forth in Exhibit [X] to this [ORDINANCE/RESOLUTION] which is incorporated herein by this reference, individually and collectively support the local necessity for such 254
ADOPTION & FILING OF THE
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Rev. 2023-03-23 Page 5 of 35
changes and modifications. Accordingly, the [GOVERNING BODY] finds the modifications to the State Building Standards Code incorporated in this [ORDINANCE/RESOLUTION] to be reasonably necessary for the protection of the public’s health, safety, and welfare.
Section 5. That in the event of any conflict between legal provisions of the California Fire Code, 2022 edition; Title 32 of the Los Angeles County Code (the Los Angeles County Fire Code); and/or any amendment to the Fire Code contained in the [NAME OF CITY] Municipal Code, the provision contained in the latter listed document shall control.
Section 6. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 7. That nothing in this legislation or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
Section 8. That the [CITY'S KEEPER OF RECORDS] is hereby ordered and directed to cause this legislation to be published. [An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.]
Section 9. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption.
Section 10. The adoption of this [ORDINANCE/RESOLUTION] or any amendment to any existing [ORDINANCE/RESOLUTION] of this [City] shall, not in any manner, affect the prosecution for violations of [ORDINANCE/RESOLUTION]s committed prior to the effective date of this [ORDINANCE/RESOLUTION].
Section 11. That a copy of the Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), incorporating the California Fire Code, 2022 edition, has been deposited in the office of the [TITLE OF CITY'S KEEPER OF RECORDS] of the [NAME OF CITY] and shall be at all times maintained by the [TITLE OF CITY'S KEEPER OF RECORDS] for use and examination by the public.
Section 12. The [TITLE OF DESIGNEE] is hereby authorized and directed to transmit copies of this signed [ORDINANCE/RESOLUTION] to the California Department of Housing and Community Development, the California Building Standards Commission, and the County of Los Angeles Fire Department, as required by California State statutes. 255
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SAMPLE #2 of LEGISLATION FOR ADOPTION:
ORDINANCE/RESOLUTION NO. _________
A[N] [ORDINANCE/RESOLUTION] of the [NAME OF CITY] ADOPTING THE Consolidated Fire Protection District of Los Angeles County Fire Code, RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN THAT CODE.
WHEREAS, the [NAME OF CITY] lies within the jurisdictional boundaries of the Consolidated Fire Protection District of Los Angeles County (District); and WHEREAS, the District has responsibility for fire protection within said jurisdictional boundaries; and
WHEREAS, the County Board of Supervisors, acting as the Governing Body of the District did on January 31, 2023, adopt amendments to the District Fire Code by adopting by reference, with certain changes and amendments, the 2022 edition of the California Fire Code and portions of the 2021 edition of the International Fire Code; and
WHEREAS, as allowed by State law, the District Fire Code contains local amendments that constitute more restrictive building standards relating to fire and panic safety than those adopted by the State Fire Marshal and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, local amendments containing such more restrictive building standards are not effective within the jurisdictional boundaries of the City until ratified by the [CITY’S GOVERNING BODY]; and WHEREAS, it is the intention of the City to ratify all of these more restrictive building standards and to have those standards be enforced in the City;
NOW, THEREFOREE, BE IT RESOLVED, that the [CITY’S GOVERNING BODY] takes the following action:
1. Adopts the 2023 edition of the District Fire Code (the Los Angeles County Fire Code, i.e.
Title 32 of the Los Angeles County Code) as the Fire Code for the City,
2. Ratifies the Ordinance amending the District Fire Code, adopted on January 31, 2023, by the Board of Supervisors which contains more restrictive building standards,
3. Finds that the more restrictive building standards contained in the District Fire Code are reasonably necessary due to local climatic, geological, or topographical conditions in the City and adopts by reference the specific findings made in Section 445 of the Ordinance 256
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adopted by the Board of Supervisors regarding these local conditions, a copy of which is attached hereto as Exhibit [X],
4. Instructs the City Clerk to send a copy of this resolution to the following:
California Department of Housing and Community Development Division of Codes and Standards
State Housing Law Program
9342 Tech Center Drive, Suite 500
Sacramento, CA 95826
[email protected]
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833-2936
[email protected]
and
Consolidated Fire Protection District of Los Angeles County Fire Prevention Division
5823 Rickenbacker Rd.
Commerce CA 90040
Office of the Fire Marshal
and
Codes and Ordinances Unit
PASSED, APPROVED, AND ADOPTED, this ________ day of _________, 2023
__________________________
[MAYOR]
ATTEST:________________________
[CITY CLERK]
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EXHIBIT [X] of CITY MOTION FOR ADOPTION:
Exhibit [X] - Section 450 from Ordinance Adopted by County Board of Supervisors on January 31, 2023:
SECTION 445. FINDINGS IN SUPPORT OF ADOPTION OF MORE
RESTRICTIVE BUILDING STANDARDS.
The provisions of this ordinance contain various changes, modifications, and additions to the 2022 California Fire Code. Some of those changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards adopted by the State Fire Marshal and published in the California Building Standards Code.
Pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds and determines that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code, contained in this ordinance, which are not administrative in nature, are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles and in the Consolidated Fire Protection District of Los Angeles County (“District”).
This expressed finding is supported and based upon the following more specific determinations:
CLIMATIC – The County of Los Angeles/District is located in an area subject to climatic conditions with long periods of low humidity and hot weather, combined with unpredictable seasonal high winds (Santa Ana wind conditions), resulting in increased exposure to fire risk.
This combination of events creates an environment that is conducive to rapidly spreading fires.
Control of such fires requires rapid response. With the time that is required to deal with potential obstacles from the wind, such as fallen trees, street lights, and utility poles, in addition to the time required to climb 75 feet vertically up flights of stairs, the ability to respond rapidly is negatively 258
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impacted. Additionally, there is a significant increase in the amount of wind at 60 feet above the ground. Use of aerial-type firefighting apparatus above this height would place rescue personnel at increased risk of injury. High winds will also cause burning embers to become airborne resulting in the rapid spread of a fire to nearby structures. Immediate containment of a fire is the only method by which it can be controlled during high wind conditions. In high fire severity zones, a unique combination of low humidity, strong winds, and dry vegetation exists.
GEOLOGICAL – The County of Los Angeles/District is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable at best after a major seismic event. Tall buildings would become vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55-foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create significant physical obstacles and logistical challenges. With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors.
Geological conditions created by the numerous faults will result in increased fire danger to structures, delayed Fire Department response, and unique rescue challenges. Seismic events of sufficient magnitude will cause substantial damage to structures. These damages are likely to be accompanied by a substantial number of fires that may exceed the Fire Department suppression capabilities. Accordingly, built-in fire suppression systems provide the only adequate measure to mitigate the potential hazards from and damage caused by such fires.
The County of Los Angeles/District is subject to occasional severe rainstorms. The impacts from these rainstorms are exacerbated if hillside areas have been burned by wildland fires because significant mud and debris flows can occur. Mud and debris flows can impair Fire 259
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Department access or delay response times if access roads are obstructed by mud or debris.
TOPOGRAPHICAL – The topographical conditions of the County of Los Angeles/District includes many mountains, hills, and canyons which tend to accelerate the periodic high-velocity winds by means of a Venturi effect. These canyon winds and the significant growth of vegetation of a combustible nature increase the fire danger. Additionally, long periods of dry, hot weather, combined with unpredictable seasonal winds (Santa Ana wind conditions) result in increased exposure to fire risk. The hillside areas have access roads that are narrow, steep, and contain many sharp curves, all of which makes timely response by large fire apparatus difficult.
The specific sections of this code that constitute more restrictive building standards are identified in the table set forth below. The more restrictive building standards contained in this code and identified in the table below shall be applicable only in those cities served by the District which have ratified the aforesaid sections in accordance with California Health and Safety Code Section 13869.
Section Local Condition Explanation and Findings
304.1.2 –
Vegetation
Climatic and
Topographical
Local amendment requiring brush clearance to
maintain defensible space for fire operations that
is necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize the spreading of fire to
structures.
314.4 –
Vehicles
Climatic,
Geological, and
Topographical
Local amendment providing the fuel-amount
equivalencies for indoor display of vehicles using
alternative fuels and other newer technologies.
Necessary due to the increased risks of fire,
earthquake movement and damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
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Section Local Condition Explanation and Findings
316.6.1 –
Structures
Climatic,
Geological, and
Topographical
Imposes additional requirements for the
grounding of construction under high-voltage
transmission lines to protect property, the public,
and fire fighters responding to emergencies.
Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of fires being causes
by downed high-voltage transmission lines, to
minimize the spreading of fires that may begin
under transmission lines, and to protect fire
fighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in the County/District.
321 – Artificial
Combustible
Vegetation
Administrative Deletion in order to clarify that neither the State nor the District adopts this section or the sections
of Chapter 8 that are referenced by it.
322.3 – Fire
safety plan
Administrative Declaratory of existing law for clarification to the code user.
322.4.1 –
Limited indoor
storage in
containers
Climatic,
Geological, and
Topographical
Local amendment providing the ability for the fire
code official to consider other factors affecting
the safety of the placement containers used for
the collection of damaged and used lithiumbased batteries. These batteries have been identified as a known source of fires, especially
when damaged or aged. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
326.7 – Fire
protection
facilities
required
Climatic,
Geological, and
Topographical
Local amendment to require fire safety measures
including but not limited to water supply,
firebreaks, posting of fire watchers, access roads,
restriction of activities during high fire hazard and
other conditions to maintain reasonable fire
safety. Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of wildland fires
spreading to structures, and to minimize impacts
of fire. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
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Section Local Condition Explanation and Findings
in the County/District.
326.12.2 –
Chimneys
Climatic and
Topographical
Local amendment to reduce the threat of fires by
requiring spark arrestors on chimneys that is
necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize impacts of fire. Such spark
arrestors reduce the likelihood of embers exiting
a chimney and igniting a fire. These spark
arrestors are required by the SFM in both CCR
Title 19 and the Building Code.
326.14 –
Roadway
clearance
Climatic and
Topographical
Local amendment requiring clearance of
roadways to provide adequate access for
firefighting apparatus, to create defensible space
for fire operations, and to reduce the possibility of
wildland fires spreading to structures. Necessary
due to the unique climate and topography of the
County/District.
401.10 – Fire
watch
procedures,
401.10.1,
401.10.2,
401.10.3,
401.10.4,
401.10.5,
401.10.6.
Climatic,
Geological, and
Topographical
Provides for consistency in the minimum
requirements of a fire watch program. Necessary
to ensure adequate response times and actions
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.1.1 –
Buildings and
facilities
Climatic,
Geological, and
Topographical
Provides for clarification regarding the
determination of the fire code official for certain
special circumstances. Necessary to ensure
adequate response times and actions due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.1.2 –
Additional
access.
Climatic,
Geological, and
Topographical
Provides for additional access requirements
necessary because of terrain, climate, or other
factors that limit access. Necessary to ensure
adequate response times due to the unique
climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
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Section Local Condition Explanation and Findings
503.2.1 –
Dimensions,
503.2.1.1,
503.2.1.2,
503.2.1.2.1,
503.2.1.2.2,
503.2.1.2.2.1,
503.2.1.2.2.2
Climatic,
Geological, and
Topographical
Requires unobstructed clearance to sky on fire
apparatus access roads with exception for
protected tree species. Necessary to prevent
obstruction of access roads by tree limbs or other
obstructions and thus allow for quick response
times to fires and other emergencies. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Requires sufficient fire apparatus access
road widths and the location of said roads in
respect to buildings. Necessary because risk of
fire and collapse is increased due to the
prevalence of earthquakes in the County/District.
503.2.4 –
Turning radius,
503.2.5 –
Dead-ends,
503.2.7 –
Grade
Climatic,
Geological, and
Topographical
Provides for more stringent width, turning radius,
and grade specifications for access roads to
ensure access for fire apparatus. Necessary due
to unique climatic and topographical conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.4 –
Obstruction of
fire apparatus
access roads
Climatic,
Geological, and
Topographical
Adds speed bumps and speed humps to list of
prohibited obstructions to fire apparatus access
roads. Speed bumps and speed humps reduce
response times to fires and other emergencies
because fire apparatus have to slow down to
pass over them or drive around them. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.4.1 –
Traffic-calming
devices
Climatic,
Geological, and
Topographical
Requires fire code official approval to install
traffic calming devices such as speed bumps and
speed humps. Such devices can reduce
response times to fires and other emergencies.
Necessary to ensure adequate response times
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. This section is necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
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503.6 – Gates Climatic,
Geological, and
Topographical
Requires gates placed across fire apparatus
access roads meet parameters to ensure
emergency access widths and operability.
Necessary due to the increased risks of fire,
earthquake damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
503.7 – Fire
apparatus
access roads
in recreational
vehicle, mobile
home,
manufactured
housing, sales
lots, and
storage lots
Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobile home, manufactured
housing, sales lots, and storage lots. Necessary
to ensure adequate water supply and access to
such locations due to the unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because the risk of fire is increased
due to the prevalence of earthquakes in the
County/District.
503.8 – Fire
apparatus
access roads
in mobile
home parks
and special
occupancy
parks
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobile home parks and special occupancy
parks. Necessary to ensure adequate water
supply and access to such locations due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
504.5 –
Rooftop
barriers and
parapets
Climatic,
Geological, and
Topographical
Provides for emergency access to and egress
from the roof in the event of fire or other
emergency. Necessary because of increased
danger of fire in the County/District due to unique
climatic, geological, and topographical conditions.
506.1 – Where
required
Climatic,
Geological, and
Topographical
Local amendment providing for access to
structures or areas where immediate access is
necessary for life-saving or fire-fighting purposes.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
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507.2.2 –
Water tanks
Climatic,
Geological, and
Topographical
Requires installation and maintenance standards
for water tanks providing water for fire protection.
Extends certain requirements to associated
support structures and piping. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These unique conditions also
increase emergency response times, thereby
increasing the time during which these water tank
systems must remain in functional order.
507.5.10 –
Draft system
identification
sign
Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrants, including those for swimming
pools and spas in fire hazard severity zone.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
509.1.1 –
Utility and
hazardous
equipment
identification,
509.2 –
Equipment
and
disconnectionmeans access,
509.3
Climatic,
Geological, and
Topographical
Provides for identification and access to the
disconnection means that are required for
hazardous equipment and/or energy sources
serving structures, as necessary for the
protection of life and for fire-fighting purposes.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
510.1 –
Emergency
responder
communication
coverage
(ERCC) in new
buildings
Administrative Clarifies how the fire code official will make the determination that is required of them by the
State code.
510.4.1,
510.4.1.1,
510.4.1.2,
510.4.2,
510.4.2.3,
510.5, 510.5.1,
Climatic,
Geological, and
Topographical
When the circumstances of a structure
necessitate emergency responder
communication coverage systems, this
amendment specifies “critical areas” of the
building, referred to in the State code, at which it
is critical that emergency personnel have radio
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510.5.4, 510.6,
510.6.2
ERCC –
coverage
coverage. This list of areas is built upon the list
of areas that are required to be served when a
wired system is installed in lieu of an emergency
responder radio coverage system. Systems are
required to be provided with standby power for a
duration of time. Amendment also clarifies
required design standards otherwise left up to
determination by the fire code official. Necessary
due to the increased risks of fire, earthquake
movement and damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. Further necessary due to
the artificial topographical physical features of a
structure or area that limit and/or interfere with
emergency radio communications for first
responders.
603.4 –
Working space
and
clearances
Climatic,
Geological, and
Topographical
Provides for maintenance of the working
clearances that are required to be maintained
about electrical equipment such as electrical
panels and other equipment specified by the
Electrical Code. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
603.4.1 –
Electrical
signage and
labeling
Climatic,
Geological, and
Topographical
Provides clarification of the interpretation of this
section, and reference to the related section of
code. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
604.4 –
Emergency
signs
Climatic,
Geological, and
Topographical
Provides guidance with local criteria that the fire
code official will use in making the determination
required of them by this section. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
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County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6 –
Inspection,
testing, and
maintenance
Climatic,
Geological, and
Topographical
Prohibits obstruction or impairment of fire
protection and life safety system equipment,
including initiating devices, alarm notification
appliances, and annunciators. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4 –
Aboveground
controls and
valves for
water-based
fire protection
systems
Climatic,
Geological, and
Topographical
Introductory section to Sections 901.6.4.1
through 901.6.4.4. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.1 –
Signage
Climatic,
Geological, and
Topographical
Provides signage requirements for water-control
valves to facilitate fire-fighter identification and
use of said valves in an emergency. Necessary
because of unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
901.6.4.2 –
Locks
Climatic,
Geological, and
Topographical
Provides for the security, and accessibility to
proper authorities, of water-based fire protection
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
901.6.4.3 –
Painting
identification
Climatic,
Geological, and
Topographical
Provides for the identification and maintenance of
water-based fire protection systems. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
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topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.4 –
Clear space
Climatic,
Geological, and
Topographical
Provides clearance requirements for watercontrol valves to facilitate fire-fighter identification and use of said valves in an emergency.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
903.2.8 –
Group R
Climatic,
Geological, and
Topographical
Requires that fire sprinklers be installed in mobile
homes and manufactured homes located outside
of mobile home parks. Necessary due to the
increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District.
903.2.11.7 –
Occupancies
in fire hazard
severity zones
and within the
San Gabriel
South face
Area or
Malibu–Santa
Monica
Mountains
Area
Climatic,
Geological, and
Topographical
Provides an additional level of protection to
occupancies in case of a fire by requiring
installation of automatic fire sprinklers.
Necessary because of unique climatic and
topographical conditions that increase the risk of
catastrophic fires in fire hazard severity zones
and due to the topography that reduces response
times to fires. Further necessary because risk of
fire is increased due to the prevalence of
earthquakes in the County/District.
903.4.2,
903.4.2.1 –
Remote
annunciator
Climatic,
Geological, and
Topographical
Provides for fire-fighter access to the alarm
system information/status where necessary due
to otherwise being inaccessible or inapparent.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
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904.1.1 –
Certification of
service
personnel for
fireextinguishing
Equipment
Administrative Clarification to the code user that neither the Consolidated Fire Protection District of
Los Angeles County, nor the State of California
adopt this section.
904.3.5 –
Monitoring
Climatic,
Geological, and
Topographical
Requires monitoring of all automatic fireextinguishing systems when a sprinkler monitoring system is otherwise required.
Necessary due to the increased risks of fire and
exposure that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
905.2.1 –
Class I
standpipes
Climatic Construction and installation requirements for Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in the hot and windy climate of the
County/District.
905.4 –
Location of
Class I
standpipe
hose
connections,
905.4.3
Climatic Installation/Regulation of Fire Protection System to ensure proper location of hose connection to
control fires in the hot and windy climate of the
County/District.
905.5.3 –
Class II
system
1½-inch hose
Climatic Installation and regulation of interior wet
standpipes to ensure adequate fire protection
system due to fires in the hot and windy climate
of the County/District.
905.9 – Riser
shutoff valve
supervision
and drain
Climatic Additional requirements to fire protection system for testing, maintenance, and operation.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
905.13 –
Standpipe
diameter
Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
910.2 – Where
required
Climatic and
geological
Requires smoke and heat removal for buildings.
Necessary to increase ability of fire fighters to
respond to, and fight, fires in buildings.
Necessary because of increased danger of fire in
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the County/District due to hot and windy
conditions and the prevalence of earthquakes in
the County/District.
910.2.3 –
Group S-2
Climatic,
Geological, and
Topographical
Requires smoke and heat removal for basementlevel parking garages. Necessary to increase ability of fire fighters to respond to fires in parking garages. Necessary due to the increased risks of
fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.3 –
Smoke and
heat vent
design and
installation.
910.3.2,
910.3.4,
910.3.4.1,
910.3.4.2,
910.3.4.2.1,
910.3.4.2.2,
910.3.4.3
910.3.5
Climatic,
Geological, and
Topographical
Requirements for smoke and heat vents in
buildings. Necessary due to the increased risks
of fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.4.3,
910.4.4 –
Mechanical
smoke
removal
systems
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
the County/District due to seismic concerns with
potential water supply issues.
912.2 –
Location
Geological and
Topographical
Requires that more than one fire department
connection may be required. Necessary due to
natural and artificial local topography, and the
effects of seismic activity that could limit and/or
interfere with the ability of emergency responders
to access certain locations.
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912.2.1 –
Visible location
Climatic,
Topographical,
Geological
Requires fire department connections to be
located within 150 feet of a public fire hydrant
and at a safe distance from the building.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in the County/District.
912.7 –
Inspection,
testing and
maintenance
Climatic,
Geological, and
Topographical
Clarifies where provisions for signage, painting,
hose threads, physical protection, and clear
space, for fire department connections, shall
apply. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
912.8 –
Identification
— paint color
Climatic,
Topographical
Requires red paint on fire department
connections subject to rust or corrosion to identify
them to fire fighters and protect from the
elements. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions.
912.9 –
Breakable
caps or plugs
Climatic,
Topographical
Requires breakable caps or plugs for fire hose
couplings to protect them from the elements and
to ensure easy access to the fire department
connection during fires. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
914.9.1 –
Spray booths
Climatic Requires spray booths to have automatic fire
sprinkler system protection under specified
conditions. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
1032.4 – Exit
signs,
1032.4.1,
1032.4.2,
1032.4.3
Climatic,
Geological, and
Topographical
Requirements for minimum exit signage
maintenance, including a bringing-to-one-location
of existing CA requirements scattered about the
code and/or providing reference thereto.
Addresses warnings against elevator use in an
emergency, and stairway access. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
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increased danger of fire in the County/District due
to hot and windy conditions. Further necessary
because risk of fire and need for evacuation is
increased due to the prevalence of earthquakes
in the County/District.
1103.11 – Fire
department
access
Climatic,
Geological, and
Topographical
Clarifies where provisions for fire department
access apply, including reference to a related
section of the code. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.3 –
Emergency
responder
communication
coverage
systems.
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
emergency responder communication coverage
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1203.2.5 –
Exhaust
ventilation
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
electrical energy storage system mechanical
exhaust ventilation systems. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
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1203.2.7 –
Gas detection
systems
Climatic,
Geological, and
Topographical
Corrects reference number for section
addressing exhaust ventilation for electrical
energy storage systems. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1204.4 –
Grounding
Climatic,
Geological, and
Topographical
Clarifies when grounding will be required of
portable generators. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1205.2 –
Access and
pathway
Climatic,
Geological, and
Topographical
Clarifies that exceptions to access and pathway
requirements may not negate the ability of
occupants to reliably identify escape and rescue
pathways and avoid electrified components
therein. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1205.4 –
Buildings with
rapid
shutdown
Climatic,
Geological, and
Topographical
Provides reference to the related section of code.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
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1205.5.1 –
Vegetation
control
Climatic,
Geological, and
Topographical
Clarifies where this maintenance provision
applies. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1206.10 –
Manual shutoff
Climatic,
Geological, and
Topographical
Provides reference to the related section of code,
and harmonizes this section thereto. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.1.2 –
Permits,
1207.1.3,
1207.1.4,
1207.1.4.1,
1207.1.4.2,
1207.1.5,
1207.1.7
Climatic,
Geological, and
Topographical
Require approved permitting for electrical energy
storage systems (ESS), including
criteria/clarification regarding hazard mitigation
analysis and special approvals beyond what the
code allows by default. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.3.4,
1207.3.4.1,
1207.3.5
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
electrical energy storage systems (ESS).
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
1207.4 –
General
installation
requirements,
1207.4.1,
1207.4.2,
1207.4.7,
Climatic,
Geological, and
Topographical
Specifies/clarifies location, separation, and
signage requirements for electrical energy
storage systems (ESS). Provides clarification
and reference to other code requirements already
applicable to these installations. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
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1207.4.8 –
Signage
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, responding resources, water
needs and availability, and access.
1207.5.2,
1207.5.8,
Table 1207.7,
1207.7.1,
1207.7.2,
1207.7.3,
1207.7.4,
1207.8.3,
1207.8.4
Climatic,
Geological, and
Topographical
Specifies/clarifies location and separation
requirements for electrical energy storage
systems (ESS). Maintains preexisting safety
levels. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1207.4.13,
1207.5.4 –
Fire detection,
1207.6.1.1,
1207.6.1.2,
1207.6.1.2.1,
1207.6.1.2.2,
1207.6.1.2.3,
1207.6.1.2.4
Climatic,
Geological, and
Topographical
Specifies requirements for fire-extinguishing
systems, ventilation, standby power, gas
detection, explosion control, and the ability to
release energy, for electrical energy storage
systems (ESS). Includes references to the code
sections regarding fire department connections
and hydrants. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.6,
1207.6.1.1–
1207.6.1.2.4
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
various battery technologies used in electrical
energy storage systems (ESS). Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.6.3 –
Explosion
control
Administrative Corrects typo to reference therein to a section within Chapter 1, which was reorganized in
2021/2022.
1207.4.6 –
Combustible
storage,
Climatic,
Geological, and
Topographical
Clarifies that combustible storage within ESS
cabinets and enclosures is not allowed, and that
vegetation maintenance (operational)
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1207.5.7 –
Vegetation
requirements for electrical energy storage
systems (ESS) apply to both new and existing
installations. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.9.4,
1207.9.5
Climatic,
Geological, and
Topographical
Addresses special installations of battery energy
storage systems (ESS), including those on
rooftops and in parking garages. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.10,
1207.10.6,
1207.10.7.2,
1207.10.7.3,
1207.10.7.6
Climatic,
Geological, and
Topographical
Addresses mobile versions of electrical energy
storage system (ESS) installations. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.11,
1207.11.1,
1207.11.2.1,
1207.11.3,
1207.11.3.1,
1207.11.4,
1207.11.5.1,
1207.11.6,
1207.11.7,
1207.11.7.1,
Figure
1207.11.7.1,
1207.11.7.2,
1207.11.7.3,
1207.11.7.4,
1207.11.7.4.1,
Climatic,
Geological, and
Topographical
Addresses installations of battery energy storage
systems in Group R-3 and R-4 occupancies.
Maintains and clarifies standing requirements in
the jurisdiction in order to maintain minimum
levels of safety regarding explosion, fire, and
toxic gas hazards, both for the property in
question and that of neighboring properties.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, responding
resources, water needs and availability, and
access.
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1207.11.7.4.2,
1207.11.8
2007.9 –
Emergency
Helicopter
Landing
Facility
(EHLF),
2007.9.1
Climatic and
Topographical
Provides for public safety by an
evacuation/landing area on high-rise buildings
and the maintenance thereof. Necessary due to
large number of high-rise buildings in the
County/District and difficulty in evacuating highrise buildings, and getting resources thereto, in case of fire or other emergency.
2007.10 –
Ground-based
helicopter
facilities,
2007.10.1 –
Surface
Climatic,
Geological, and
Topographical
Provides design standards for helistops and
heliports, primarily for establishment in fire
hazard severity zones, to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires and render other services in those areas.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District. Further
necessary due to the increased risks of
earthquake damage that complicate response
times, water needs and availability, and access.
2007.10.2 –
Hydrant
Climatic;
Topographical
Requires a hydrant next to helistops and
heliports, especially in fire hazard severity zones,
to enable helicopters to fill their tanks to facilitate water drops on wildland fires in those areas, and
for response to aviation accidents. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and topography that hinders the ability for fire
apparatus to gain access to remote portions of
the County/District.
2007.10.3 –
Access
Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops and heliports, especially in fire hazard
severity zones, to enable support equipment and
apparatus associated with helicopter operations
to combat fires and render other services in those
areas. Necessary because of increased danger
of fire in the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District.
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2007.11 –
Maintenance,
2007.11.1 –
Fire
Department
permit
required
Climatic,
Geological, and
Topographical
Requires maintenance of the safe and necessary
functionality of a new or existing helicopter facility
intended to some extent for emergency Fire
Department use. Where such functionality or
availability is impaired, a permit and/or
notification is required. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions; and both topography
and seismic geological activity that hinders the
ability for fire apparatus to gain access to
portions of the County/District, including for
patient care.
2203.3 – Dustcollection
systems
Climatic,
Geological, and
Topographical
Clarifies applicability of this provision, corrects
reference error by the State, and maintains the
required interlock provision. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2203.4.2 –
Static
electricity
Climatic,
Geological, and
Topographical
Maintains the requirement for permanent
grounding or bonding in accordance with
approved standards. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2404.4 – Fire
protection
Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
2504.6, 2507.2
– Fruit and
crop-ripening
Climatic and
Geological
Provides requirements for fruit and crop ripening
operations to prevent ignition of ethylene gas and
reduce risk of fire and explosion. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and to reduce risk of fires and explosion from
earthquakes.
3104.5 –
Helicopter
Climatic,
Geological, and
Provides notice within the section concerning
tents and temporary membrane structures that
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landing
facilities
Topographical consideration must be given to nearby helicopter landing facilities so as not to interfere with their
safe and necessary functionality. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.15.2.1 –
Quantity limit
Climatic,
Geological, and
Topographical
Harmonizes the code by providing reference to
the related section of the code. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.18 –
Combustible
vegetation
Climatic and
Topographic
Increased clearance requirements for
combustible vegetation near tents and membrane
structures. Necessary to increase fire and life
safety around such structures and to create
defensible space. Necessary because of fire risk
due to climate and unique topography of the
County/District.
Table 3206.2 Climatic and
Geological
Removes an exception for smoke and heat
removal in high-piled combustible storage.
Necessary because of unique climatic conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
3305.5.2.1 –
Duties
Climatic,
Geological, and
Topographical
Harmonizes this new provision to the other
longstanding requirements for fire watch within
the code. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
3505.9 –
Flashback
prevention
Geological Requires protective devices to be installed on fuel gas and oxygen lines to increase safety and
reduce risk of explosion and fire. Necessary
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
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4801.3 –
Definitions
Climatic,
Geological, and
Topographical
Clarifies the interpretation of the code for the
code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4902.1 –
General
Climatic,
Geological, and
Topographical
Provides definitions by which to clarify the
interpretation of the code for the code user.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.2 –
Application
Climatic,
Geological, and
Topographical
Serves to clarify the interpretation of the code for
the code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3 –
Landscape
Plans,
4906.3.1 –
Contents
Climatic,
Geological, and
Topographical
Original content is being moved to become
subsections of 4906.3, and these sections are
being utilized to explain the administrative
procedures for fuel modification plans in fire
hazard severity zones within the jurisdiction.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3.2 –
Penalties,
4906.3.3 –
Appeals,
4906.3.4 Fuel
modification
plan review
fee schedule
Administrative Provide administrative procedures regarding the fuel modification plan process.
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4906.3.5,
4906.3.5.1,
4906.4,
4906.4.1,
4906.4.2,
4906.4.2.1
Administrative Renumbering of code sections for harmonization with longstanding local provisions within which
these processes (newly described by new State
language) have and will continue to take place.
4907.3 –
Requirements
Administrative Provides reference to other applicable codes; declaratory of existing law.
4907.3 –
Requirements
Climatic and
Topographical
Local amendment providing notice of preexisting
requirement that defensible space shall also
comply with vegetation clearance requirements
elsewhere in the Fire Code (e.g., for LPG tanks,
PV, and ESS), as well as specifically within
Chapter 3 of this code. Necessary due to the
unique climate and topography of the
County/District to reduce risk of fire and to
minimize impacts of fire in Fire Hazard Severity
Zone.
5003.11.3.8 –
Floors
Climatic and
Geological
Creates requirements for floors in buildings
where hazardous materials are used or stored.
Necessary to increase fire and life safety and to
minimize fire danger from hazardous materials.
Necessary because risk of fire and spillage of
hazardous materials is increased due to the
prevalence of earthquakes in the County/District.
5704.2.8.3 –
Secondary
containment
Geological Requires secondary containment of flammable
and combustible liquids that are necessary to
increase fire and life safety and to prevent fires
involving flammable and combustible liquids from
spreading. Necessary because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.8.16.1
– System
requirements
Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in the
County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
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5704.2.9.1.1 –
Required foam
fire protection
systems
Geological and
Climatic
Requires all existing aboveground tanks
exceeding 1,500 square feet of liquid surface
area used for the storage of Class I or Class II
flammable liquids to be provided with foam fire
protection. Necessary because of increased
danger of fire in the County/District due to
climatic conditions and because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.9.6.1.3
– Location of
tanks for boil
over liquids
Geological and
Climatic
Provides for additional spacing between tanks to
reduce fire danger and help prevent fire from
spreading to adjacent tanks. Necessary because
of increased danger of fire in the County/District
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in the County/District.
5704.3.7.6 –
Construction
Geological and
Climatic
Construction and fire access requirements for
liquid storage rooms. Necessary because of
increased danger of fire in the County/District due
to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in the
County/District.
5706.5.1.1 –
Location
Geological and
Climatic
Provides increased distances for bulk transfer
and process transfer operations so that they are
farther away from the public and other buildings.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
5706.5.1.19 –
Liquid transfer
Geological and
Climatic
Class I, II, or III liquids shall be transferred from a tank vehicle or tank car only into an approved
atmospheric tank or approved portable tank.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
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6104.4 –
Multiple LPgas container
installations
Geological and
Climatic
Requirements for LP-gas storage tank distances.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
Chapter 81 –
Automobile
wrecking yards
8104 – Fire
apparatus
access roads
8106 –
Housekeeping
8108 – Tires
8110.4 –
Batteries
Climatic,
Geological, and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards to enable fire
apparatus and fire fighters to gain access to fight
fires and respond to emergencies. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Chapter 82 –
Infractions
Administrative Lists the violations deemed to be infractions rather than the standard misdemeanor required
by the provisions of Chapter 1.
Chapter 83 –
Consolidated
Fire Protection
District Of Los
Angeles
County Fire
Code
Administrative Declaration of this code as the Fire Code for the Consolidated Fire Protection District of
Los Angeles County (“District”).
Appendix B,
Section
B105.1 – Oneand two-family
dwellings,
Group R-3 and
R-4 buildings
and
townhouses
Topographical
and Climatic
Provides for increased minimum fire-flow in fire
hazard severity zones to allow for more water to
be available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix B,
Section
B105.5 – Land
subdivision
projects
Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of certain undeveloped land due to the
undetermined building size and type of
construction to allow for sufficient water to be
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
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Appendix C,
Section
C102.2 –
Location on
street
Topographical
and Climatic
Provides for hydrant spacing on streets to ensure
hydrants are accessible to fire fighters.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
Appendix C,
Section
C105.2 –
One- and twofamily
dwellings, and
Group R-3
buildings
Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix C,
Section
C105.3 -
Buildings other
than one- and
two-family
dwellings, and
Group R-3
buildings
Topographical
and Climatic
Provides for hydrant spacing for buildings other
than one- and two-family dwellings, and Group R3 buildings to ensure that there is adequate water supply available to fight fires. Necessary
because of increased danger of fire in the
County/District due to climatic and topographical
conditions.
Appendix C,
Section
C105.4 –
Cul-de-sac
hydrant
location
Topographical
and Climatic
Provides for hydrant spacing for cul-de-sacs to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix C,
Section
C106 - On-site
hydrants
Topographical
and Climatic
Provides requirements for on-site hydrants to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
Appendix O,
Section O103
– General
requirements
Topographical,
Geographic, and
Climatic
Provides various design and location
requirements for temporary haunted houses,
ghost walks, and similar amusement uses where
the means of egress are not apparent due to
decorative materials, confusing sounds, and/or
visual effects. Necessary because of increased
danger of fire in the County/District due to
climatic and topographical conditions and the
prevalence of earthquakes in the County/District.
Appendix PP –
Local Agency
Very High Fire
Administrative Portion of ordinance serving to fulfill the Statutory requirements of the County/District per California
Government Code Sections 51175 through
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Hazard
Severity Zones
51189. Recognizes the authorities of the State to
impose Fire Hazard Severity Zone designations
and of individual cities to expand upon them
within the parameters defined by State statute.
Also serves to define the “Malibu–Santa Monica
Mountains Area” and the “San Gabriel Mountains
South face Area” for the sprinkler provisions
therein, as described in Chapter 9.
Appendix QQ
– Los Angeles
County FireCode Fee
Schedule
Administrative Provides the code user with the Fire Department fee schedule, specifically for the services
provided by the Fire Department in accordance
with the Fire Code.
Appendix RR
– Rifle Range
Topographical
and Climatic
Provides the basic fire- and life-safety
requirements for the operation of rifle ranges.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
285
Agenda Item No.: 13.B
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: CONSIDERATION OF PARTICIPATING IN A CATALYTIC CONVERTER
ETCHING EVENT IN COLLABORATION WITH THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT, THE CITY OF ROLLING HILLS
ESTATES AND THE CITY OF RANCHO PALOS VERDES ON JULY 29, 2023
DATE: June 26, 2023
BACKGROUND:
In recent years the theft of catalytic converters has grown considerably both nationwide and locally. Catalytic converters have become a hot commodity for thieves because of their value, relative ease to steal (unbolt or cut out), and lack of identifying markings. The lack of identification makes it hard to identify victims and successfully apprehend and prosecute criminals. Thieves take stolen catalytic converters to metal recyclers. The recyclers will pay up to $250 per converter for the precious metals inside them. Victims, however, will pay an average of $1000 (or their deductible) to replace it.
While any vehicle manufactured after 1974 can be considered a target for catalytic converter thieves, the most targeted vehicles are typically:
Trucks and SUV's - Because trucks and SUVs are higher off the ground, thieves do not need to jack the vehicle up to slide underneath and remove the catalytic converter.
Light vehicles - Lighter vehicles, such as the Toyota Prius are a target vehicle because they can be quickly jacked up off the ground to remove the catalytic converter.
Catalytic converter thieves are very quick - some have been known to steal a catalytic converter in less than two minutes. Some of the most common places that they target vehicles are:
Driveways or Streets - Catalytic converter thieves will target vehicles parked on driveways or streets, especially at night and if the driveways or street is not lit since there is less chance that they will be seen.
Auto Dealer Lots - Auto dealer lots are targets, especially at night when thieves may target lots of vehicles in a short period of time. Some lots have reported 286
having as many as 20 catalytic converters stolen in one night.
Parking Lots - Large parking lots may also be targets for catalytic converter thieves. Catalytic converter thieves have been known to steal catalytic converters during the day at these locations. A look out will stand watch while another person steals the catalytic converter from the vehicle.
DISCUSSION:
As a result, many local jurisdictions have hosted etching events in collaboration with their local Police Departments or the Los Angeles County Sheriff's Department (LACSD.) The City of Rancho Palos Verdes has proposed hosting an etching event at their City Hall location for the residents of Rolling Hills, Rolling Hills Estates and Rancho Palos Verdes on Saturday, July 29, 2023 from 9am to 1pm.
Rancho Palos Verdes has confirmed the following information in coordination with the LACSD and a Torrance Auto Shop:
Host location- Ken Dyda Civic Center Parking Lot 30940 Hawthorne Blvd., RPV - Overflow lot
LACSD will provide the Core Deputies to check registration on the cars.
LACSD will provide explorers to assist with directing vehicles and people at the location.
Appointment registration is not required.
Event time: 9am-1pm
Etcher: 8:30am-1:00pm
Participants must be residents of RPV, RHE, or RH only
Event day staffing/setup will be a coordinated effort between the three cities The cost for the etching service is $1,100 for 4 etchers and would be split evenly amongst the participating city organizations if approved.
FISCAL IMPACT:
The cost for this event would be $366.67. There are available funds for the FY 23/24 public safety budget in 01-25-833 or in 01-01-776 Misc. Expenses RECOMMENDATION:
Provide direction to staff.
ATTACHMENTS:
287
Agenda Item No.: 14.A
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG)
MEMBERSHIP DUES (MAYOR WILSON)
DATE: June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive a report from Mayor Pat Wilson and provide direction to staff.
ATTACHMENTS:
CL_AGN_230626_CC_SBCCOG_FY23-24_DuesInvoice.pdf
288
L O C A L G O V E R N M E N T S I N A C T I O N
Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance Los Angeles District #15 Los Angeles County 2355 Crenshaw Blvd., #125
Torrance, CA 90501
(310) 371-7222
[email protected]
www.southbaycities.org
FY 2023-2024 MEMBERSHIP DUES INVOICE
May 19, 2023
Christian Horvath, Assistant to the City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
The South Bay Cities Council of Governments (SBCCOG) is pleased to report another successful year working with our member cities and the county to help advance important programs while assisting cities and program funders in meeting their goals and continuing to recover from the effects of the pandemic.
We are continuing to include the special assessment for a regional planner to work with cities on land use issues. There has been very positive feedback from the Board and the Community Development Directors on the work we are doing through this position.
City of Rolling Hills Membership Dues - Fiscal Year 2023-2024 $6,817 Special Assessment for Regional Planner $2,000
TOTAL AMOUNT DUE: $8,817
Mail check payable to:
South Bay Cities Council of Governments
2355 Crenshaw Blvd., Suite 125
Torrance, California 90501
289
Agenda Item No.: 14.B
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: RECEIVE AND FILE INFORMATION ON THE PALOS VERDES ESTATES FOUNDATION; AND DISCUSS ESTABLISHING A SIMILAR
FOUNDATION FOR ROLLING HILLS (MAYOR PRO TEM MIRSCH)
DATE: June 26, 2023
BACKGROUND:
In late 2022, staff attended a conference and was educated on the Palos Verdes Estates Foundation, its mission to support projects for the City of Palos Verdes Estates, and the foundation's funding sources.
In light of the anticipated budget deficit for the next fiscal year, in March 2023, staff followed up with the Palos Verdes Foundation to learn more about the financial support for municipal projects.
Separately, Mayor Pat Wilson and Mayor Pro Tem Leah Mirsch expressed interest in a foundation for Rolling Hills. City staff arranged for Mayor Wilson and Mayor Pro Tem Mirsch to meet with three members of the Palos Verdes Estates Foundation on Friday, March 10, 2023.
DISCUSSION:
Since the March 2023 meeting, Mayor Wilson and Mayor Pro Tem Mirsch have continued discussions with the Palos Verdes Estates Foundation as private citizens.
Mayor Pro Tem Mirsch requested an agenda item for the June 12, 2023 City Council meeting to discuss a potential foundation for the City of Rolling Hills.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file a report by Mayor Pro Tem Leah Mirsch and discuss. 290
ATTACHMENTS:
CL_AGN_230626_CC_Foundation_Prelim_Report.pdf
291
1 TO: ROLLING HILLS CITY COUNCIL
FROM: MAYOR PAT WILSON AND M.P.T. LEAH MIRSCH
SUBJECT: CONSIDERATION OF ESTABLISHMENT OF A CHARITABLE FOUNDATION TO SUPPORT CITY PROJECTS DATE: JUNE 26, 2023
BACKGROUND
In order to support and fund community projects that are beyond their resources, many cities have established Nonprofit Charitable Foundations. These foundations are classified under IRS rules as 501c3 corporations, and allow donations made to the corporation to be tax-deductable.
The other 3 peninsula cities each have a charitable foundation of their own. RHE’s Pepper Tree Foundation was established in 1982, PVE’s Palos Verdes Foundation was established in 2020, and most recently, RPV formed the RPV Community Foundation earlier this year. Although the purpose or mission statements for each of these entities may vary slightly, the common threads are community enhancements - including beautification and preservation efforts-, safety projects, protection of open spaces, and providing recreational and educational opportunities.
Members of our community have expressed interest in establishing a similar type of foundation for Rolling Hills. As private citizens, not on behalf of the council, Pat Wilson and Leah Mirsch have engaged with other councilmembers and private residents involved with each of the above referenced organizations to learn more about what is involved, practicality for our city, legal and accounting issues, structure and governance , etc.
The purpose of this report is to share preliminary information, at a very high level, of what we’ve gathered so far, and determine if the council has interest in pursuing this issue as a city-supported effort.
GOVERNANCE AND STRUCTURE
There are basically 3 types of structures and composition of the foundation’s governing body:
1. The Board of Directors (governing body) is comprised entirely of the members of the city council.
2. The Board is comprised of private residents, with the exception of 1 or 2 members of the council.
3. The Board is comprised entirely of private residents.
RHE and RPV are organized under Option 1, with the council serving as the foundation’s board, while PVE is structured with 1 member of the council (who was the founder and current president)serving on the board, and all other directors are private residents. Each of the structures have benefits and limitations, which can be discussed in further detail should the council wish to pursue this matter, but it is important to recognize that there is much interaction required between the council, city and the foundation – acceptance of gifts, work on public properties, etc. normally require council approval, and in some cases meet certain criteria.
There are also very strict legal and accounting requirements to establish and maintain the 501c3 designation, including government reporting requirements, legal support, tax preparation, audits, administrative support, etc. These requirements cost money, are very time-consuming, and are often best handled by specialists in the area of charitable foundations.
EXPLORATION OF OTHER OPPORTUNITIES
In discussions with representatives from the Palos Verdes Foundation (PVE), the members raised the possibility that for a fee there may be a path for Rolling Hills to establish a separate foundation for our city that would be under their 292
2 organization. They explained that the administrative cost to operate their foundation is about 15 cents on the dollar, and suggested that if we joined them they would provide the administrative support for a management fee of 15% of funds collected to our separate foundation. We held a subsequent meeting with the board president and their attorney to further define the practicality and challenges of such an affiliation, and identified issues that would need further development, including the specific provisions that our residents could donate to a separate designated fund, and expenditures from that fund would be approved by directors representing Rolling Hills.
If it could be worked out, Rolling Hills could benefit from PVE foundation’s established structure (including staff support), enabling us to become operational much more quickly. The fee is high, and we suggest to research and compare it to administrative costs for Pepper Tree (RPV has not been established long enough to have relevant data) to determine cost/benefit analysis. We advised PV Foundation we would be reaching out to council and the community to determine interest and would advise them if we wished to explore this possibility further.
FISCAL IMPACT
Unknown at this time.
SUMMARY
Establishment of a Charitable Foundation could provide the city with an additional funding source for projects/items that are beyond their financial resources. It would also provide opportunities for residents to support specific projects or purchases that may appeal to them, and give them an increased feeling of involvement and/or control of expenditures.
This report has provided a very brief overview of the issue, but leadership, resources and effort will be required to move forward. The first group of items to be addressed includes:
1. Gathering more information and providing cost /benefit analysis, and additional requirements of establishing and maintaining a charitable foundation
2. Determining level of interest within the community
3. Determine governing structure and consideration of affiliation with PVE’s Peninsula Foundation
4. Identifying and recruiting a core group of volunteers to work on the issue and engage with the community
5. Fundraising strategies
6. Explore possible opportunities to partner with the Rolling Hills Community Association
7. Continued report –outs and recommendations for council’s consideration
RECOMMENDATIONS
We believe this is an idea worth pursuing.
We recommend the council consider the information in the report and agree to take a leadership role in further exploration of the benefits, requirements, practicality and costs associated with the formation of a Charitable Foundation.
To facilitate the effort, we recommend that the council form an ad hoc committee, with Mayor Wilson and M.P.T .
Mirsch as its members, and provide direction to the committee. The committee would report back to council at specified intervals (suggest every 2 months) and receive further direction after each report-out.
We are available to answer any questions. Thank you for your consideration 293
Agenda Item No.: 14.C
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: CONSIDER PROVISION IN THE CIVILIAN OVERSIGHT COMMIITTEE
RECOMMENDATION MANDATING AUTOMATIC REASSIGNMENT OF
SHERIFF'S DEPARTMENT PATROL PERSONNEL EVERY FIVE YEARS
AND PROVIDE DIRECTION TO STAFF (MAYOR PRO TEM LEAH
MIRSCH, AND COUNCILMEMBER BEA DIERINGER)
DATE: June 26, 2023
BACKGROUND:
On January 12, 2016, the Los Angeles County Board of Supervisors voted to implement a Sheriff Civilian Oversight Commission (COC) with the mission to improve public transparency and accountability with respect to the Los Angeles County Sheriff’s Department.
In November 2021, the Sheriff COC directed the Chair of the Commission to engage pro bono Special Counsel to assist the Commission to investigate the existence and activities of problematic deputy groups, often referred to as “deputy gangs” or “cliques,” within the Los Angeles County Sheriff’s Department. In February, the Commission released their report (Attachment B). The comprehensive report provides a series of recommendations for the Sheriff’s Department to consider. One recommendation, “Re-Deployment and Rotations” outlined as item V, subsection C in the report, suggests that the Sheriff’s Department involuntarily rotate patrol deputies every five years, as a tactic to avoid the formation of deputy cliques or gangs.
DISCUSSION:
Separately, Mayor Pro Tem Leah Mirsch, and Councilmember Bea Dieringer requested staff to discuss this item at the June 26, 2023 City Council meeting.
Rolling Hills contracts with the Los Angeles County Sheriff's Department for law enforcement, along with Rolling Hills Estates and Rancho Palos Verdes via a shared contract.
The City and neighboring jurisdictions have worked extensively over the last several years with the Lomita Sheriff Station personnel in emergency preparedness planning and with great emphasis on wildfire response planning/training.
294
The City spends a considerable amount of time developing relationships with station personnel as they serve as community resources in public safety, crime prevention, and neighborhood preservation. Additionally, local station personnel fosters connections with the community to provide excellent community-based policing. The mandate to reassign patrol personnel would impact these ongoing efforts.
The Association of L.A. County Sheriffs (ALADS) is requesting contract cities to contact Supervisor Hahn and request that a provision in the recent COC's recommendations mandating automatic reassignment of patrol personnel every 5 years be reconsidered. A draft letter of opposition supplied by ALADS is attached.
It should be noted that the City of Rolling Hills would not be taking a position on the remaining sections of the COC’s recommendations.
FISCAL IMPACT:
None.
RECOMMENDATION:
Review provision and provide direction to staff.
ATTACHMENTS:
CL_AGN_230626_CC_CivilianOversightCommission_Recommendations_DeputyGangsReport_3.2.2023 CL_AGN_230626_CC_ALADS_DraftLetterForCitiesOpposing_COC_RotationRec.pdf 295
REPORT AND RECOMMENDATIONS OF THE SPECIAL COUNSEL
TO SHERIFF CIVILIAN OVERSIGHT COMMISSION REGARDING
DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT
February 2023
296
Sheriff Civilian Oversight Commission
COMMISSIONERS
Sean Kennedy, Chair Jamon R. Hicks, Vice
Chair
Irma Hagans Cooper
James P. Harris Hans Johnson
Luis S. Garcia Patricia Giggans
Robert C. Bonner Lael Rubin
Brian K. Williams, Executive Director
SPECIAL COUNSEL TO THE COMMISSION
Lead Special Counsel: Bert Deixler of Kendall Brill & Kelly Other Special Counsel included
Bart Williams and Susan L. Gutierrez of Proskauer
Ashley Bowman and Ariel Neuman of Bird Marella
Carolyn Kubota and Ellen Choi of Covington
William Forman of Winston & Strawn (on behalf of Loyola Law School Center for Juvenile Law and Policy)
297
L. Ashley Aull and Robyn Bacon of Munger Tolles & Olson (on behalf of Loyola Law School Center for Juvenile Law and Policy)
Naeun Rim and Sarah Moses of Manatt
Clark Brown, former General Counsel L.A. County Bar
Richard Drooyan, Consultant
Adam Dawson, lead investigator
298
i
TABLE OF CONTENTS
Page
PREFACE .........................................................................................................................1
THE EXISTENCE OF DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT.........................................................................3 I. INTRODUCTION.....................................................................................................3 II. INVESTIGATION.....................................................................................................5 III. FACTUAL FINDINGS...............................................................................................7 A. History of Deputy Gangs and Cliques..........................................................7 B. Deputy Gangs and Deputy Cliques Currently in the Department ..............10 C. Obstacles to Eliminating Deputy Cliques in the Department.....................35 D. The Elimination of Deputy Cliques is Constitutionally Permissible............41 IV. FACTUAL FINDINGS SUMMARY...........................................................................43 V. RECOMMENDATIONS TO ELIMINATE DEPUTY GANGS AND CLIQUES..................44 A. LEADERSHIP AND SUPERVISION................................................................45 B. POLICY AND TRAINING..............................................................................49 C. RE-DEPLOYMENTS AND ROTATIONS.........................................................53 D. ACCOUNTABILITY......................................................................................55 VI. CONCLUSION ......................................................................................................61 299
1 PREFACE
In November 2021, the Sheriff Civilian Oversight Commission (“COC”) directed the Chair of the COC to engage pro bono Special Counsel to assist the COC to investigate the existence and activities of problematic deputy groups, often referred to as “deputy gangs” or “cliques,” within the Los Angeles County Sheriff’s Department (“Department”). Although prior commissions have documented the existence of deputy gangs and cliques over several decades, the COC wished to determine whether such groups continued to exist and to understand their impacts on the Department, its employees, and members of the public it serves.
By March 2022, a pro bono team of Special Counsel were engaged by the County and the Loyola Law School Center for Juvenile Law and Policy, and the COC launched the investigation of deputy gangs and cliques. The investigation included interviews of numerous members and former members of the Department, and review of numerous documents, court filings, deposition transcripts, public statements by Department representatives, published reports relating to prior investigations, and numerous relevant media reports. To date, the COC has conducted seven public hearings devoted to the investigation, most of which involved the taking of witness testimony under oath pursuant to the COC’s subpoena authority.
This Report and Recommendations is a result of the Special Counsel’s investigation on behalf of the COC. It is in two parts: Factual Findings, entitled The Existence of Deputy Gangs and Cliques in the Los Angeles County Sheriff’s Department, and Recommendations to Rid the Department of Deputy Gangs and Cliques that fall under four headings: Leadership/Supervision, Policy/Training, Assignments/Rotations, and Accountability.
300
2 A word about nomenclature used in this Report. Special Counsel has chosen to use the term “Deputy Gangs” when referring to deputy groups engaged in egregious conduct such as violations of law, the excessive use of force, threats to the public or Department members and to use the term “Deputy Cliques” in discussing the broader concerns that the exclusionary subgroups pose to the mission of the Department, the careers and morale of other Department members, and the public, even when their activities do not violate specific laws. The term “Deputy Cliques” has historically been understood to include Deputy Gangs and exclusionary subgroups and their problematic behavior however configured. By using this term in this report, we do not intend to minimize the harm done by these groups to the Department, to other Department personnel, and to the public. The Findings confirm such harms.
The origins of Deputy Gangs and Cliques within the Department dates back decades. They may have started with benign intentions, but history has proved that Deputy Cliques have often evolved into Deputy Gangs whose members not only use gang-like symbols but engage in gang-type and criminal behavior directed against the public and other Department members. These groups, both historically and currently, also exalt the use of excessive force against civilians, harass other deputies, and undermine the chain of command within the Department. However denominated, the existence of these groups and their impact adversely affects the mission of the Department and undermines public trust in the Department.
The Deputy Cliques addressed in this Report and several prior reports have been variously referred to as deputy “gangs,” “cliques,” “subcultures” and “secretive subgroups. ”Deputy Cliques” are Sheriff’s deputies assigned to a particular Department patrol station, bureau, unit, or location in a jail who self- associate, and identify and act as a subgroup that excludes other deputies assigned to the same station, bureau, unit, 301
3 or jail location. They identify themselves by names such as the Banditos, Executioners, Regulators, Spartans, Reapers, Rattlesnakes, Cowboys, Vikings, Wayside Whities, 3000 Boys, and 4000 Boys. Members often have matching and sometimes sequentially numbered tattoos and use language and gestures associated with street gangs. By their actions Deputy Cliques invariably evolve into Deputy Gangs.
The Factual Findings section of this Report documents the overwhelming evidence demonstrating that Deputy Gangs and Deputy Cliques, still exist and engage in harmful activities in several of the Department’s patrol stations and bureaus. They victimize the Department, its members, and the public.
The Recommendations section identifies the reforms needed to eliminate Deputy Gangs and Deputy Cliques and to extinguish the culture of the Department that has permitted their existence and harmful influence within the Department for the past 50 years. The Recommendations provide an immediate call to action to the Sheriff, the Department leadership and every member of the Department. There can be no more delays!
THE EXISTENCE OF DEPUTY GANGS AND DEPUTY CLIQUES IN THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT
I. INTRODUCTION
The Department currently contains several active groups that have been, and still are, engaged in harmful, dangerous, and often illegal, behavior. Some of these groups have engaged in acts of violence, threatened acts of violence, placed fellow Deputies at risk of physical harm, engaged in acts celebrating officer involved shootings, and created a climate of physical fear and professional retribution to those who would speak publicly about the misconduct of such groups. Publicly released deputy body camera video illustrates such misconduct directed to a member of the public. For that reason, going back 30 years to the Commission led by Judge James J. 302
4 Kolts, these groups have been fairly referred to as “Deputy Gangs.” Deputy Cliques that evolve into Deputy Gangs meet the definition of “law enforcement gang” in California Penal Code Section 13670.1 The problems they cause
in the Department, however, go beyond their “gang-like” behavior. Deputy Cliques are rooted in secrecy and exclusivity. They undermine the Department’s leadership and supervision, foster insubordination, and are detrimental to the morale of other deputies and staff by exercising power and decision making that is fundamentally inconsistent with the para-military, chain of command structure of law enforcement agencies such as the Department. By exercising influence ordinarily reserved for supervisors and management, such as controlling assignments, schedules, and promotions, their existence within stations, bureaus and units of the Department violates fundamental principles of professional policing. But Deputy Cliques, whether they meet the definition of “law enforcement gangs” must be eradicated as they are the seeds from which Deputy Gangs develop.
While the prior Sheriff publicly asserted that he had acted to eliminate Deputy Gangs, in fact he facilitated their continued presence by, among other things, 1 Penal Code 13670 provides, in pertinent part: (2) “Law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by name and may be associated with an identifying symbol, including but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including but not limited to, excluding, harassing or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons… and retaliation against officers who threaten or interfere with the activities of the group. Further, these groups often discriminate on the basis of gender, race and ethnicity in deciding who can become a member of the Deputy Cliques. Such workplace discrimination violates the California Fair Employment and Housing Act (FEHA) and federal anti- discrimination law. 303
5 appointing known tattooed members of Deputy Gangs and Deputy Cliques to leadership positions in the Department, permitting the revival of emblems signifying membership in such groups and repeatedly relying upon an erroneous statement of law to avoid promulgating and enforcing a policy prohibiting Deputy Gangs and Deputy Cliques in the Department. The claim that Deputy Gangs no longer exist in the Department is flatly and inarguably false. Moreover, Deputy Cliques continue to exist.
The COC Policy recommendation prohibiting Joining and Participation in Deputy Cliques is constitutionally permissible, and it is factually supported by the investigation and multiple interviews conducted by the COC’s Special Counsel as well as the testimony given in the COC’s public hearings. The COC urges Sheriff Luna to adopt a policy that prohibits deputies from being members of Deputy Cliques and thereby ending Deputy Gangs.
II. INVESTIGATION
As part of the COC’s investigation, Special Counsel interviewed approximately eighty witnesses. The witnesses were current and former Deputies, Sergeants, Lieutenants, Captains, Commanders, Assistant Sheriffs, and Undersheriffs; a former Sheriff; and former law enforcement officials from other law enforcement agencies.
The witnesses also included attorneys representing current and former litigants against the Department and the County and certain of the litigants themselves. Many witnesses were interviewed multiple times.
Special Counsel coordinated with, interviewed and received information from the Los Angeles County Office of Inspector General, the Los Angeles County District Attorney’s Office, Loyola Law School and the Los Angeles County Public Defender’s Office.
Special Counsel received and reviewed dozens of depositions and sworn 304
6 statements, and associated exhibits generated in connection with past and pending litigation involving the Department; multiple media reports; body camera footage; and extensive reports prepared by the Kolts Commission, the United States Commission on Civil Rights, the Loyola Law School Center for Juvenile Law & Policy (‘Loyola Law School Report”), the Rand Corporation, the National Association of Blacks in Criminal Justice, and the Citizen’s Commission on Jail Violence.
Special Counsel attended virtual briefings by the former Sheriff Alex Villanueva, and repeatedly sought to meet with the former Sheriff and his Undersheriff, Timothy Murakami. They declined to meet or to be interviewed. Each was also invited to voluntarily appear and testify publicly before the COC. The former Sheriff declined to do so unless provided in advance with the questions and any documents that would be presented. The Undersheriff declined, asserting that his physical condition precluded his testimony, but not his other duties as Undersheriff. As a result, the COC subpoenaed both the Sheriff and Undersheriff to testify. Each refused, and both are now subject to legal proceedings to enforce the subpoenas and/or to hold each in contempt.
The COC held seven public hearings in which approximately fifteen witnesses publicly testified and numerous members of the public spoke. The overwhelming majority of witnesses who testified did so pursuant to subpoena. Several witnesses would only testify anonymously, and some did so remotely, using a voice distortion device out of fear of physical or professional retaliation. Several witnesses who had agreed to testify withdrew, often the night before the proposed testimony, out of similar fears.
In addition to witnesses who testified publicly, approximately sixty other witnesses were interviewed by the Special Counsel’s team. Many witnesses spoke only 305
7 after receiving assurances that they would not be identified publicly or even confidentially identified to the COC. The witnesses expressed concerns for their physical safety and the physical safety of family members, many of whom are Department employees. In addition, many witnesses insisted upon anonymity in interviews for fear of professional retribution often described as “career suicide.” Some of the factual findings recited in this Report are the product of these witness interviews.
III. FACTUAL FINDINGS
A. History of Deputy Gangs and Cliques
Deputy Gangs and Deputy Cliques have existed in the Los Angeles County Sheriff’s Department since at least 1973. That year, an internal Department memo dated December 5, 1973, documented the existence of a group known as the “Little Devils,” and identified 38 members who bore sequentially numbered tattoos of a devil.
In 1992, the Kolts Commission’s report confirmed the existence of Deputy Gangs and Deputy Cliques, including a Deputy Gang called the Vikings, in the Department.
After holding evidentiary hearings in Los Angeles in 1993 and 1996, the United States Commission on Civil Rights in 1999 issued a report focusing on the violence and trauma that Deputy Gangs had inflicted on communities of color and people struggling with mental illness, and urged the LASD to take decisive action to eradicate Deputy Gangs from its ranks.
In 2012, the Citizens’ Commission on Jail Violence (“CCJV”) found that Deputy Cliques existed in patrol and on certain floors of Men’s Central Jail (”MCJ” ) and that they contributed to the use of excessive force in the jail. The CCJV’s report contains five pages of recommendations to address the problem.
The Loyola Law School Report documented the Department’s long history of 306
8 Deputy Gangs and Deputy Cliques in 2021; and the Rand Corporation also confirmed their existence in its report titled Understanding Subgroups Within the Los Angeles County Sheriff’s Department in 2021.
The Los Angeles County Inspector General, Max Huntsman, testified before the COC about his office’s report entitled Analysis of the Criminal Investigation of Alleged Assault by Banditos that confirmed the involvement of the Banditos in the severe beating of non-Banditos deputies in an incident at Kennedy Hall in 2018.
As part of its investigation, the COC received and reviewed a September 13, 2004, memorandum from the then Undersheriff William T. Stonich to Sheriff Leroy Baca about efforts to address “inappropriate and potentially damaging behavior” at the Department’s Century Station. Among other conclusions the memorandum reported on rumored unethical activity engaged in by Century station personnel as follows:
“Mexican Mafia”, rumored to be a small select group of deputies of Hispanic decent (sic). They have been accused of holding positions of influence within the station (i.e.: detective, scheduling, watch deputy and field training officer positions) and are alleged to control much of the negative behind the scenes activity such as fund raising through means of unit level extortion for non -sanctioned events, unfair or biased granting of time off requests, controlling patrol and interior work assignments, etc.”
The COC also reviewed an October 1, 2007, memorandum from then Commander Willie Miller to Sheriff Baca reporting on an investigation of a group of deputies named the “Regulators” at Century Station. Among other things, the memorandum concluded that:
“The Regulators philosophy is that if a sergeant, lieutenant, or captain was weak at Century Station they would run over them, essentially speaking, they would run the station as a subculture fraction (sic). 307
9 They would not respect rank. They openly displayed the Regulators logo of the ‘skull and flames’ symbol on their motorcycles as well as body tattoos.”
The COC also reviewed hundreds of Department documents regarding the 2012 discovery in a patrol car of a written creed for a Deputy Gang named “The Jump Out Boys.” Members of the Jump Out Boys shared a common numbered tattoo that depicts a red-eyed skull wearing a bandana with the letters “O.S.S.” and holding a revolver next to an ace of spades and an 8 of spades, the so called “dead man’s hand” in poker.
Their creed recited that members understand “when the line need (sic) to be crossed, and crossed back” and that they “sometimes need to do things they don’t want to in order to get where they want to be.” It also directed members to keep a “black book” that records the date of every deputy involved shooting that authorized each shooter to embellish his common tattoo with smoke coming out of the gun. Seven Jump Out Boys members were fired, but because there was no clear policy against joining a Deputy Gang at the time, the Civil Service Commission reinstated four of them.
It is indisputable that for nearly 50 years, Deputy Gangs and Deputy Cliques have existed within the Department and their existence and negative impacts were known to the leadership of the Department. Yet there was no sustained effort during this period to eradicate Deputy Gangs and Deputy Cliques from the Department. All prior efforts were inadequate, lost continuity and failed to eliminate Deputy Gangs and Deputy Cliques. Owing to this failure, Deputy Gangs and Deputy Cliques are embedded in the culture of the Department, either tolerated or ignored. Indeed, during the tenure of Sheriff Baca, the Undersheriff, Paul Tanaka, was a tattooed member of the Vikings. According to numerous witness interviews, former Sheriff Villanueva’s Undersheriff, Tim Murakami, has a Caveman tattoo.
While law enforcement cliques are not unknown in other law enforcement 308
10 agencies, no other large law enforcement agency in the nation has allowed such cliques to exist and flourish as they have in the Department.
B. Deputy Gangs and Deputy Cliques Currently in the Department There is at least a half dozen, and possibly more, Deputy Gangs and Deputy Cliques currently in the Department, primarily at patrol stations. They include the Executioners, the Banditos, the Regulators, the Spartans, the Gladiators, the Cowboys and the Reapers. There are reports that new Deputy Cliques are forming as members of existing Deputy Gangs and Deputy Cliques retire or otherwise leave the Department.
There is some evidence indicating that Deputy Cliques are re-emerging in the Los Angeles County jails as the 4000 Boys.
Merely transferring members of Deputy Gangs or Deputy Cliques has not proved particularly effective. After the CCJV’s 2012 findings confirmed the existence of the 2000 and 3000 Boys on the second and third floor of MCJ, many of these deputies were transferred out of the jail to patrol. Many of the 3000 Boys sought assignments to Compton Station and became Executioners; many 2000 Boys sought assignment to Century Station and became Spartans. As discussed below, transfers or rotation of deputies must be much more intentional to avoid aggregating in a new location deputies involved in, or susceptible to influence by, Deputy Gangs or Deputy Cliques.
All the Deputy Cliques share harmful characteristics. While not all Deputy Cliques engage in identical unprofessional conduct, most share at least some of the following characteristics, and they have done and continue to do certain acts of unprofessional and dangerous policing. Deputy Cliques run the stations or units where they exist, as opposed to the sergeants, lieutenants and the captain who are charged with the duty to run the station; exercise influence over and often decide assignments and shifts, training, and overtime; exclude deputies from the Deputy Cliques, often based on race, 309
11 ethnicity or gender; intimidate deputies that are not part of the Deputy Cliques; give orders not to provide backup to disfavoreddeputies who are not members of the Deputy Cliques; order work slowdowns if management of a station attempts to rein them in; encourage a “we-they” attitude, not just between them and the public, but with other deputies within the station; operate in secrecy; lie in reports to protect each other; and threaten the public with use of excessive force without justification and belittle deputies unwilling to engage in such acts. Most troubling, they create rituals that valorize violence, such as recording all deputy involved shootings in an official book, celebrating with “shooting parties,” and authorizing deputies who have shot a community member to add embellishments to their common gang tattoos.
Typically, to be invited to become a member of a Deputy Gang or Deputy Clique, a deputy must demonstrate “toughness” that is frequently associated with use of excessive force or other forms of unconstitutional policing. Often the euphemistic term “peer leader” is used to describe the members.
Deputy Gangs and Deputy Cliques also have used and continue to use assaultive behavior against fellow deputies who do not belong to their groups as a show of power and influence. Certain of these altercations have led to public exposure in the media.
The COC investigation uncovered other incidents including threatened use of weapons by deputies upon other deputies.
The pernicious effects of these groups go well beyond assaulting other deputies.
Recent publicly released body camera footage of a deputy threatening to shoot a man in a parked car without any evidence of wrongdoing illustrated in real time gang behavior characteristic of Deputy Gangs and Deputy Cliques interacting with the public served.
Not all members of Deputy Cliques engage in acts of misconduct. Even those 310
12 members who do not engage in misconduct, however, contribute to the unprofessional influence of Deputy Cliques and their negative impact on the Department and on other deputies. Deputy Cliques have and continue to do great damage to the reputation of the Department, and the public hearings demonstrated that they have unquestionably destroyed trust between the Department and the public it serves.
Membership in a Deputy Gang or Deputy Clique is a liability for the County. One of the essential job qualifications of a deputy sheriff is the ability to testify credibly in a court of law. Deputies who belong to Deputy Gangs and Deputy Cliques that value loyalty to their members over their commitment to the Department and the public are likely to be disbelieved when their conduct is at issue. As Lieutenant Eric Strong, a 22- year member of the Department, put it, “If you are a member of a law enforcement gang, you cannot be trusted, you cannot be relied upon, your credibility is lacking.” Under the principles set forth by the United States Supreme Court in Brady v.
Maryland, such information that bears on the credibility of prosecution witnesses must be disclosed by the prosecution to the defense in criminal cases and is likely discoverable in civil lawsuits.
Deputies sued in civil lawsuits arising from the alleged use of excessive force cost the taxpayers of Los Angeles County tens of millions of dollars in judgments and settlements. It has been estimated that the additional cost to the County in these cases is upwards of $55 million. That number can only rise based upon pending and newly filed lawsuits and administrative claims. In addition to judgments and settlements, the County incurs seven-figure legal bills from outside litigation counsel hired by and paid for by the County to defend the misconduct of Deputy Gangs and Deputy Cliques.
Set forth below is some of the evidence developed by Special Counsel during the 311
13 COC’s investigation of Deputy Gangs and Deputy Cliques.
1. Compton Station
Lieutenant Larry Waldie testified before the COC that he was a tattooed member of a deputy group known as the “Gladiators.” He obtained the tattoo during his initial tour of duty at Compton Station and that another group known as the “Executioners” subsequently ran aspects of that station. Waldie said that Compton was a “fast station,” and it was considered a desirable post for deputies wanting exposure to incidents of crime requiring active law enforcement.
Waldie testified that many of the Executioners had served on the 3000 floor at MCJ. The CCJV noted the existence of the “3000 Boys” at MCJ and recommended that the it be disbanded. It appears, however, that many of the “3000 boys” transferred to Compton Station and formed or joined the Executioners. A witness who worked at MCJ and who insisted on anonymity for fear of reprisal, reported that a new version of the “3000 Boys” operating on the 4000 floor and calling itself the “4000 Boys” currently operates at MCJ.
Another witness currently assigned to the Compton Station disclosed that deputies who had worked on the 3000 floor at MCJ received preferential treatment at Compton. The witness reported being ridiculed based upon gender and race by the scheduling deputy, Jaime Juarez, an Executioner, and that Executioner members regularly discriminated against and ridiculed women.
Waldie testified that Deputy Juarez was the “shot caller” during Waldie’s tenure at Compton Station. The Commission received evidence that Juarez participated in four officer involved shootings. Juarez was subsequently removed from patrol, and interacting with the public during Sheriff McDonnell’s tenure, but was returned to patrol after Sheriff Villanueva took office. Waldie identified Deputies Ruiz, 312
14 Cuevas, Barajas, Ingersoll, Raisa and Ruben as Executioners. Waldie stated that based upon his observations Executioner membership apparently excluded females and African Americans.
The Commission received a photograph of Deputy Juarez’ truck which depicted an Executioner emblem on a flag. In a deposition in civil litigation brought by Waldie, Deputy Juarez admitted that he had attended approximately seven “inking parties.” He confirmed that Deputies Barajas, Ingersoll, Bray, Jimenez, and Reese attended Executioner inking parties as well. According to Juarez, Ingersoll was the last Executioner to receive an Executioner tattoo.
The Commission also received a photograph of a tattoo of a skeleton holding an automatic rifle on the calf of Deputy Aldama, a self-acknowledged Executioner. Other evidence indicates that, much like the Mafia, there are “made” members of Deputy Gangs and Deputy Cliques who are entitled to wear the tattoo associated with the group. The tattoos typically exalt the use of excessive force and are entirely unprofessional.
Deputy Aldama, and his partner, Mizrain Orrego, were named as defendants in two separate shootings of community members, Sheldon Lockett and Donta Taylor. In each instance the deputies claimed that the victims had guns. In neither case was a gun located and much evidence suggested that in fact neither had guns. The County settled both cases with the families of the deceased for a total amount just short of ten million dollars. Since outside counsel was engaged in each case substantial legal fees were incurred on top of the settlement amounts.
Waldie testified that the Executioners held positions of authority during his time at Compton Station. Those positions included scheduling deputy, training officer, detective, and gang task force membership. Waldie explained that the position of 313
15 scheduling deputy was powerful because it afforded the scheduler the ability to assign deputies to shifts, vacations and days off, desirable assignments on patrol or less desirable assignments in preferred or less desirable locations.
During 2019, when Waldie served as Acting Captain of Compton Station, Deputy Juarez was scheduled to be removed as scheduling Deputy and transferred from the station. Juarez told Waldie that his successor as scheduling Deputy should be another Executioner, but Waldie declined the request. In response, Juarez led the Executioners in a work slowdown in March 2019, and pressured non-Executioners to adhere to it.
The COC received an internal LASD document demonstrating that during the work slowdown, crime rose significantly compared to the preceding year and compared to the months before and after the slowdown. During the slowdown, arrests dropped precipitously, citizen calls were responded to slowly, and pro-active policing initiatives did not occur.
In addition to the statistical evidence documenting the work slowdown, the COC received the content of a text between Waldie and a deputy confirming the work slowdown directed by Deputy Juarez. The deputy supplying the information insisted upon anonymity: “But please between you and I. This could ruin my career. I don’t want my name mentioned at all please. I can’t have that.” Waldie testified that the culture of the Department created a justified fear among honest deputies that if it were believed that they had reported on the misconduct of fellow deputies, especially those belonging to a Deputy Clique, it would lead to harassment, ostracism, threats, or interference with career advancement.
A deputy who requested anonymity was suspected of cooperating with the COC and has been continuously subject to harassment and ostracism at the deputy’s current station. Another witness who testified anonymously has reported that another 314
16 deputy, who was wrongly suspected of having provided the anonymous testimony, has been repeatedly harassed at that deputy’s current station.
Waldie testified that after an officer involved shooting the deputies involved participated in a celebratory “debrief” at a bar in Fullerton. Waldie identified the pair of deputies, Ingersol and Barajas, as Executioners. Other evidence suggested that they were not yet tattooed Executioners, but were “chasing ink.” That is, they engaged in “aggressive” activities in the hope of becoming members.
Copies of texts reviewed by the COC revealed that Waldie brought the celebration to the attention of the captain heading Compton Station. Waldie testified that despite the seriousness of the circumstances, the captain did not take any action.
After Sheriff Villanueva took office, the captain was promoted to commander and retired from that position. He declined to be interviewed by Special Counsel’s team.
The evidence demonstrates that community needs in Compton were ignored or responded to slowly to pressure a station leader to act in accordance with the Executioners’ demands, and celebrations of officer involved shootings were neither stopped nor criticized. Waldie agreed that the conduct of the Executioners violated “fundamental principles of professional policing.” During her testimony before the COC, then-Chief, now Acting Undersheriff, April Tardy reviewed this evidence and acknowledged that the Executioners were a “law enforcement gang” within the meaning of California Penal Code section 13670.
2. East L.A. Station
Much public testimony before the COC focused upon the East L.A. Station and particularly on an incident at Kennedy Hall involving a brutal beating inflicted upon junior deputies by senior deputies who were members of the “Banditos.” The behavior can only be fairly described as that of a gang. This episode resulted in widely publicized 315
17 civil litigation brought by the victim deputies against the Bandito Deputies. Even though the defendants assaulted other members of the Department and did so in an after- hours offsite location, County Counsel approved the County paying outside counsel to defend them.
Former Sheriff Villanueva trained at the East L.A. Station and was widely believed to have shown favoritism toward the station and its deputies. He was roundly criticized for the reservation of front row seats for East L.A. deputies at his inauguration when the Kennedy Hall incident had received much negative publicity and was still an open investigation. He also restored the “Fort Apache, kick in the pants” logo at the entrance of the East L.A. Station. The COC also heard much testimony that refuted his repeated assertion that he had replaced a weak captain with a strong one and had transferred many deputies to address discipline problems. In fact, no deputy was involuntarily transferred out of the East LA Station, and many of the transferred deputies were not Banditos.
Finally, there has been substantial evidence that the administrative and potential criminal investigation into the Kennedy Hall incident was obstructed at the direction of the former Sheriff’s then Chief of Staff, Larry Del Mese, an acknowledged tattooed member of the “Grim Reapers.” Matthew Burson, who retired from the Department as a Chief, testified that when he was the Captain at the Internal Affairs Criminal Bureau he was instructed by Del Mese not to have the investigator of the Kennedy Hall incident ask about “sub-cultures” at the station. Burson understood that Del Mese was conveying an order from the former Sheriff, and he passed the instruction on to Sergeant Jeffrey Chow, who was investigating the incident. It is reasonable to infer that Sheriff Villanueva, despite its obvious relevance, ordered that no questions were to be asked about the Banditos or their role in the Kennedy Hall 316
18 “beat- down”.
Sergeant Chow testified that he believed the conduct of the assaulting deputies was criminal, but that he was directed not to ask questions about “sub- culture” activity at the station. He understood this to mean that no questions were to be asked about the Banditos/Deputy Cliques and its/their role in the gang style assault on other deputies, and he followed the orders because he worked in a “para-military organization.” After Chow testified, the COC learned of attempts to intimidate him and his wife, Vanessa, a Deputy Sheriff. The intimidation included an unmarked sheriff’s car following Chow home after his testimony before the COC and an undercover car parked conspicuously near the residence. (Captain Angela Walton reported a similar intimidation effort involving the parking of an undercover car directly in front of her home after her public testimony.)
Retired Chief Joseph Gooden described the early portion of his career at the East L.A. station and the presence of members of the “Cavemen” at the station. Despite having a degree from U.S.C. when fewer than 10% of the deputies had four-year college degrees, a Caveman told Gooden that there was “no way” he could become a training officer. Gooden observed that under 2% of the deputies at the East L.A. station wereAfrican American.
Years later, when Gooden was a Chief, he oversaw the Kennedy Hall investigation. Chief Gooden testified that he directed that the investigation be conducted as a criminal investigation, and that determining the motive of the involved deputies was an important part of the investigation. The instruction to Sergeant Chow not to ask questions about “sub-culture” activity in the East L.A. Station was directly contrary to Chief Gooden’s expectation and direction. It was also contrary to investigating the motive for the assault and the standard expected of a professional 317
19 police force.
The investigative report of the Department’s Internal Criminal Investigation Bureau regarding the Kennedy Hall incident was transmitted to the District Attorney’s Office to consider potential criminal charges. The report failed to mention that the investigating sergeant had been instructed not to ask questions about the Banditos or their role in the assault, even though the evidence related directly to a criminal motive for the attack.
An anonymous witness currently stationed at the East L.A. Station testified using a voice distorter because of a fear of physical and professional retribution. The witness identified current “shot callers” at East L.A. as Deputies Ortiz and Valle. The witness testified that Rene Munoz, one of the defendants in civil litigation relating to the Kennedy Hall beating, was the shot-caller prior to his departure from the East L.A.
Station. The witness testified that all three were tattooed Banditos.
The anonymous witness also identified the broad authority of the scheduling deputy, a Bandito, at the East L.A. Station, who gave assignments, schedules, days off and vacations, assigned areas for patrol and directed selection of training officers and assignment of trainees to them. The witness testified that the power of the Banditos was such that they were able to thwart the promotion of a disfavored deputy to training officer even though the deputy was ranked number one in the County for that promotion.
The witness also testified to various means of intimidation and ostracism inflicted by Banditos upon non-Banditos. This included a locker room argument in which a Bandito pointed his gun at the head of another deputy; the turning of backs when a disfavored deputy entered the hallway or room; and the refusal to answer back up calls when summoned by a disfavored deputy. The witness explained how 318
20 disfavored deputies received “jackets” i.e., reputational slanders intended to thwart their careers.
Another witness testified that the Banditos assaulted “disfavored” deputies, who would be challenged to a fight. The disfavored deputies would be told that they did not belong in East L.A. and that they were a “zero” as a provocation to a fight. The Banditos would surround the disfavored deputies in groups thus employing physical intimidation. This conduct is characteristic of gang activity. Like other Deputy Gangs and Deputy Cliques, the Banditos exert control by forcing disfavored, non-Bandito deputies to transfer to other stations.
Another witness who insisted upon anonymity described how a training officer humiliated trainees, especially women, at the East L.A. Station. Those efforts included name calling and tossing the trainees’ written work product to the ground with the goal of embarrassing and ostracizing the trainee before peers. According to this witness, the training officer who engaged in such unprofessional, intimidating conduct was a Bandito. The witness was certain that the Bandito’s control of the station was widely known. He stated that Deputy Valdez was the shot caller at East L.A. at the time and that he arranged the deputies’ schedules. As noted, Deputy Valdez was widely known to be a Bandito.
The witness also described a practice of ostracism at the East L.A. Station. When the witness walked into the station the deputies would turn their backs as the witness walked down the hall. The witness explained that Banditos “stepped on the radio” i.e., interfered with the ability to communicate from the patrol car by speaking over the deputy while the witness spoke. The Banditos persistently criticized the witness for a “culture violation.”
The witness reported a refusal to provide requested back up. A specific incident 319
21 involved a report of a person with a gun in a dangerous part of Boyle Heights. Because of the danger of a night call in that area the witness requested back up, but it was not forthcoming, and the witness abandoned the call. The proffered excuse that the deputies all were “busy” was proved false by review of time records.
A training officer at the East L.A. Station required that trainees keep the car fully stocked with snacks and demanded “good imagination on reports.” That the witness understood meant to lie to justify the acts of the deputies. The witness was informed that the training officer was a tattooed Bandito. The stocking of the car was a form of the “tax” imposed by the Banditos. The trainee had to pay for all meals, drinks and anything else the training officer required.
The witness observed that the Department enabled the Banditos control of the station and that known Banditos received promotions under Sheriff Villanueva. The witness claimed that the Banditos brought gifts to the wife of Sheriff Villanueva to procure promotions or to retain power positions. It was widely believed, and confirmed in testimony by Eli Vera, that the Sheriff consulted his wife on promotions even though she held no official position in the LASD. The witness also claimed that the Homicide Bureau is filled with Banditos.
The witness learned that Banditos had to be Mexican American and that Central Americans could not become Banditos. Another witness confirmed that, with one exception, all Banditos were Hispanic males, and none were women.
Another witness who insisted upon anonymity observed that the Banditos also directed work slowdowns that resulted in increased response times to calls and for arrests to cease. The most recent slowdown occurred because the Banditos believed that the Department’s Internal Affairs Bureau had pursued too many disciplinary investigations of deputies.
320
22 The witness testified that there were between 12 to 15 Banditos currently in the East L.A. Station, and that they held positions as “acting” detectives and training officers. The witness testified that there were also “associate” deputies who wished to be initiated and were “chasing ink.” One incident that the witness regarded as “chasing ink” involved the transportation of a shooting victim to a hospital. The witness stated that the deputies went off route and assaulted the victim. Such conduct can only be viewed as the act of a gang member and its indisputable harm to the community.
In an interview, retired Chief Gooden recounted that during his year and a half at the East L.A. Station the dominant group was the “Cavemen.” He believes that the Banditos grew out of the Cavemen.
Chief Gooden was one of several witnesses who disputed former Sheriff Villanueva’s claim that he had transferred 36 members from East L.A. for misconduct at the station. The anonymous witness claimed that there were no involuntary transfers of Banditos. No transferees were “overnighted,” i.e., subject to immediate involuntary transfer. Rather the transfers reflected voluntary departures related to deputy requests, promotions, or retirements.
Retired Chief Eli Vera also refuted the former Sheriff’s claim. He agreed with the testimony of Captain Ernie Chavez in a civil deposition that the deputies were transferred from the East L.A. Station for non- disciplinary reasons. One witness said in an interview, however, that a number of the transferees were “whistle blowers” who had objected to the Banditos’ control of the station. The witness described them as “the resistance.”
Another witness who required anonymity described the witness’ tenure at East L.A. Station as one in which deputies who “speak like gangsters” surrounded the witness. The witness described the unprofessional language used on radios, including 321
23 the use of nicknames and derogatory statements. Further, the witness reported that because the Banditos mistrusted the witness, they would not allow the witness to enter a house when they conducted a search. The witness said that contrary to Department policy, the fact and results of such searches were often undocumented.
The witness also experienced that calls for back up by disfavored deputies were not heeded. Such failures to provide requested back up imperiled the safety of these deputies. The civil case brought by the victims of the Banditos beating at Kennedy Hall included the deposition testimony of Deputy Concepcion Garcia, who witnessed calls for back up ignored by Banditos.
The anonymous witness had justifiable safety concerns. On one occasion, when the witness drove a personal vehicle from the East L.A. station, the witness observed that the lug nuts from the car wheels had been loosened. The witness said that to be part of the East L.A. anti-gang unit it was necessary to be an “inked” member of the Banditos.
The witness also confirmed the practice of a “tax” being levied by senior Banditos upon trainees to pay for food, “fund raising” and other financial demands of the Bandito training officers. The trainees who participated did so because of a fear that they would not get off training.
The witness also was supervised by, or worked with, “Cavemen” and “Regulators” They were Caucasian males in positions of authority. The witness stated that supervisors were well aware of the existence of these groups but did not act to interfere.
Another witness who spent nearly a decade in East L.A. and who also required anonymity for fear of physical retaliation, also described the Cavemen and the Banditos. The witness, said that the Banditos insisted that others “do what they want 322
24 you to do.” The witness also described the Banditos as “gangs behind the badge.” The witness says that everybody in the Department knows of the Banditos; their actions are not a “secret.”
This witness also confirmed that the Banditos imposed “taxes” on new deputies.
The witness was told by a Bandito training officer to “bring your credit card.” The witness was aware of the tattooed members of the Banditos and believed that there were as many as 80 Banditos during the witnesses’ tenure at East L.A. The witness said the Banditos would use force to discipline non-Banditos they did not like. This too is the behavior of a gang.
The Banditos exploited the junior deputies by, for example, requiring that they write reports for the Banditos and stay on uncompensated overtime if necessary to get the report done. The witness said that the Banditos recruited deputies to “chase ink”, i.e., to do what was necessary to be noticed and “stand apart.” That included writing reports to make problematic arrests appear legal. (Another anonymous witness described this practice as “working backwards.”)
An aspect of “chasing ink” was a desire to get into shootings. These deputies would follow a suspect believed to have a gun so that a shooting would be justified.
The witness said that there was pressure to “get numbers up” from time to time, meaning arrests. The witness was instructed by Banditos that they could always get somebody arrested as “under the influence” and “refused to take a test.” The goal was to raise arrest numbers.
Another witness, now retired after 24 years in the Department, was a training officer in East L.A. The witness ran afoul of the scheduling sergeant, Patty Estrada. The witness described Estrada as a female associate of the Banditos who did their bidding and conveyed favors and punishments on their behalf. The witness had a trainee 323
25 “pulled” by Estrada and observed that the trainee was assigned to a Bandito training officer.
Another witness testified anonymously about working at the East L.A. station.
Although warned that East L.A. was a difficult place to work due to harassment and hazing, the witness chose to work there anyway and was subjected to this conduct.
Like others, the witness affirmed that the Banditos were an open and notorious gang within the East LA Station. The witness believed that it was appropriate to refer to the Banditos as a “gang” that manifested its power by recruiting desired deputies and isolating others. Having become disfavored, the witness experienced, as did others, dispatch sending the witness a high volume of calls throughout the patrol area.
Additionally, when the witness called for backup, it would not arrive. The witness believed that the inability to receive back up when performing services increased considerably the risks of the work.
The witness was aware of “cigar night.” Those were evenings when female deputies would act to raise funds at Bandito “events” by circulating among deputies who were drinking and playing cards and selling cigars to those in attendance for support of other Bandito “sponsored” events. The witness described these cigar selling efforts as done upon the demand of the Banditos. The witness acknowledged that deputies were pressured to give money upon a Bandito solicitation. That trainees were “taxed” was well known in the station and in the Department more generally.
Gooden stated that when Sheriff McDonnell assumed office, he barred the East L.A. Station “Fort Apache kick in the pants logo.” Gooden regarded the logo as unprofessional and insulting to the East L.A. community. Gooden observed that the logo was reintroduced when Sheriff Villanueva assumed office. 324
26 3. Lennox Station (Now South L.A. Station)
Recently released shocking body camera footage shows South L.A. Station deputy Justin Sabatine repeatedly threatening to shoot an African American civilian sitting in his car in a parking lot. Several witnesses, including two current Department captains, have asserted that Sabatine was a member of a Deputy Clique. One captain believed that Sabatine was a Reaper. A public report based upon an anonymous source also claimed Sabatine is a Reaper. A second captain believed that Sabatine may not be a Reaper, but rather a member of a newly formed Deputy Clique in the South L.A.
Station. A captain reported learning that Sabatine threatened that there would be a work slow-down in South L.A. if the body camera footage was released.
As proof of the consequences to the Department and the County of gang like activities, the County has already been sued based upon Sabatine’s conduct. The Complaint demands $10,000,000. The County likely will engage outside counsel to represent the County and Sabatine.
The type of conduct revealed in the Sabatine body camera footage is consistent with a lengthy history of gang behavior at South L.A. Station. A current deputy who has served in the Department for more than 25 years insisted on anonymity for fear of physical retaliation. The witness described the activities of the group of deputies known as the Reapers at Lennox Station (now the South L.A. Station.) The witness saw the tattoos of the members, all of whom were Caucasian males. The witness observed that the Reapers now consist primarily of Hispanic deputies.
The witness stated that Reapers were involved in multiple shootings. The witness recounted a conversation in which the witness was criticized after the witness confronted two African Americans, a male and female, one of whom had a gun. The witness apprehended the suspects without firing a weapon. Later a Reaper criticized 325
27 the witness, and asked “why did you not shoot her?” The Reaper described it as a “freebie.”
According to the witness, another Reaper encouraged the witness to seek a warrant when there was no basis to do so. The witness declined and believes that this was a source of the mistrust of the witness among certain deputies.
A former deputy who served in the South L.A. Station described Carl Mandoyan as the shot caller at the station at the time. The witness claimed that it was widely known in the Department that Mandoyan was a Reaper. As in other stations, the witness noted that unpopular directives were “pushed back” against by work slowdowns. Some of the friction was with a captain who was acting in accordance with a directive from Sheriff McDonnell to “crackdown” on deputy misconduct.
The witness reported that to get into the Reapers one needed to have a “force incident” and look for an opportunity to shoot people. The other condition was that you “not be a rat.”
The witness’s experiences as a non-Reaper included being “slammed on calls.” The dispatcher repeatedly instructed the witness to answer calls for which other deputies refused to provide back up the witness requested. The witness described one incident in which the witness made a traffic stop and asked for a unit to back up. None came and the suspect ran away.
Another deputy who required anonymity described an incident at the beginning of the witness’s career in patrol. The witness pulled over a suspect who was apparently intoxicated and “out of it”. The witness said that the suspect appeared unaware that there was a gun on the passenger side front seat, did not reach for the gun, and did not resist arrest. When reporting the incident and booking the gun a Reaper ridiculed the witness for not shooting the suspect and claiming that he had “reached” for the 326
28 weapon.
Captain Angela Walton testified that in her 27 years of service there have always been Deputy Cliques in the Department and that they continue to exist to this day.
Walton described her experience at Lennox Station at the beginning of her career when the Reapers were a well-recognized presence in the station. She identified Larry Del Mese, who later became Sheriff Villanueva’s first Chief of Staff, as the “shot caller” at Lennox.
Walton observed that the Reapers were running the Lennox Station, particularly the early morning shift. After Walton obtained a position as a training officer on an interim basis, she was driven to a golf course and told by a deputy Reaper “we don’t like you.”
Walton testified that the Reapers set out to make her fail as a training officer.
She recalled, for example, a trainee who was a father. Walton allowed the trainee to call his children to say good night. The Reapers roundly criticized her for that accommodation and for allowing her trainee to eat lunch.
Walton described an attempt to intimidate her by posting her business card on a bulletin board at the station with a large “X” drawn through it. Further attempts at intimidation were frequent service calls from a Reaper in charge of dispatch. Walton said that the volume of calls alone adversely affected her ability to perform her job.
Walton experienced the scope of the Reapers influence when she delivered a prisoner to the Compton Station. While in Compton, Walton encountered a former colleague, and engaged in social “catch up” conversation. Walton’s brief delay from work for this social purpose was relayed by a Reaper who worked at Compton to a Reaper who worked at Lennox. According to Walton, her conversation with a former colleague demonstrated that the Reaper influence was not confined to a single station, 327
29 and it was used as a basis for criticism of her by the Reapers as part of their attempt to drive her from the station. When Walton sought a position at the Lancaster Station, she realized that she had a “jacket;” i.e., a negative reputation spread by the Reapers which included this supposed transgression.
4. Century Station
Retired Chief Gooden, who had more than 25 years of service in the Department, described how Century Station essentially operated on its own, apart from the Department’s command structure. He heard from deputies that if there were “problems” that the deputies would “handle that” and there was to be no involvement of the operations leadership of the station.
Chief Gooden recounted that during his tenure at MCJ the “2000 boys and 3000 boys” staged gladiator fights between jail inmates. Another witness stated that the 2000 boys were “heavy-handed white guys” who encouraged the use of force in large numbers at MCJ and eventually transferred to Century Station.
Chief Gooden also testified about the Department employees’ fear of retaliation should they speak out. He recounted female custody assistants explaining their concern to him in connection with deputy misconduct in MCJ.
When Gooden became a captain at Century Station he was concerned about the history of problems associated with the station. He learned that deputies were involved in personnel decisions, including determining who would receive the coveted position of training officer.
There were two problematic groups of deputies at Century Station at the time.
One was the Regulators. The other was the Spartans. Gooden described the competition for control of the station between them and recounted how there was even a dispute over one group taking and refusing to allow the other group to use a 328
30 station canopy for an event.
A witness requiring anonymity who worked at Century Station for approximately a decade said that the Regulators and Spartans were actively engaged in misconduct.
The witness said that the Regulators’ shot caller was the scheduling deputy. The witness claimed that Commander Kerry Carter and then Chief April Tardy knew of the presence and activities of the Regulators at the station. According to retired Assistant Sheriff Robert Olmstead, the entire Department leadership knew about the Regulators because the Regulators installed a large monument honoring themselves on the premises of the Century Station that remained in place for several years.
The anonymous witness described a Regulator sponsored fundraising poker game to support the Baker to Vegas run. The Regulators used female deputies as “cocktail waitresses” at the event. The female deputies received personal and administrative days off so they could work at the poker game. The witness reported that the Spartans were angered by the event and sought an equal amount of time off.
A Spartan left a threatening note under the door of the captain who denied the request.
The COC reviewed the content of a March 16, 2015, anonymous letter to Sheriff McDonnell that claimed the Spartans’ tattoo “represents ‘putting in work,’ such as unjustified beatings, falsifying reports of beatings, gladiator fighting, and intimidating other employees or inmates who interfered.”
Another witness who insisted on anonymity for fear that the witness’ career would “be over” if the cooperation were revealed, stated that there was a “book” that the witness had reviewed that identified the name and the date each Regulator received a tattoo. The witness said that there were twenty-five identified members.
The book also recited the creed that reflected a commitment to “proactive policing.” 329
31 The witness described the creed as “propaganda.”
The witness also described the “tax” the witness was required to pay. For example, in connection with the Baker to Vegas run the witness was required by a training officer to pay more than $100 for a photograph of the 1960s “Rat Pack” celebrities.
The training officer mirrored the language of former Undersheriff Paul Tanaka by instructing the witness to “work the gray” and “work backwards,” which the witness was taught meant “fudging” probable cause. The witness used as an example the “teaching” that all searches in high crime areas are to be defined as with “consent.” The witness said that nobody in high crime areas ever consents. The witness said that the goal was to get arrest statistics. When the witness protested “working backwards,” the witness was described by the training officer as “a rat.” That reputation was spread through the station.
The witness said that with the passage of time the Department is filled with “gang” members, including members of the command staff. The witnesssaid that at least 15 of the 25 Regulators have been promoted. The witness asserted that many of the promotions resulted from Undersheriff Tanaka’s efforts to promote favored deputies.
The witness said that the influence of the Regulators affected the goals of young deputies. Because of the perception that the Regulators were in control, young deputies wished to “make their bones” to gain acceptance. The witness said that goal encouraged deputies to get into shootings to establish their “bona fides.” Special Counsel also received confidential information corroborating the assertion of multiple interviewed witnesses that tattooed Deputy Clique members currently hold important positions within the Department. Special Counsel was 330
32 informed that one specific area of influence is in the Civil Rights and Public Corruption section of the Department. Sheriff Luna has eliminated that section. It was that section which led a search of former Board of Supervisor’s member Sheila Kuehl and current COC member Patricia Giggans.
Chief Gooden recounted that Interim Sheriff John Scott ordered that the Deputy Clique logos be abandoned. Shortly thereafter, however, Gooden learned that there was offsite sale of clothing with the prohibited logos.
5. Lancaster and Palmdale Stations
Angela Walton described her experience with Lancaster Station over several years. She testified that when her Vice Squad participated in an undercover operation, they would not reveal to the Lancaster deputies or supervisors the operation for fear that the suspects would be tipped off. While not specifically tied to Deputy Clique activity, the testimony illustrated inter- Departmental mistrust related to the absence of chain-of-command organizational supervision and the perception that sub-groups had conflicted loyalties.
Walton applied to be the Captain at Lancaster. She was the only “full Captain” applying. Since Lancaster is a contract city, city officials interviewed her for the position. She met with the Vice-Mayor who told her that he had received negative information about her. Walton understood that there was a Reaper at Lancaster Station and that the “jacket” she had obtained almost two decades before prevented her from becoming Captain of Lancaster Station.
Two non-Caucasian witnesses claimed to have been subjected to serial harassment by training officers at Lancaster Station. All training officers are Caucasian.
One of the witnesses asserted that there were “bad stops” that led to searches, most often of people of color. The witness said that young deputies were pressured to write 331
33 reports of searches in “a certain way” to make the stops legally justifiable even though the reports contained false information. The witness said that the training officers insisted that certain reports be constructed either to conceal actions taken or to reflect things which did not occur. The witness has reported that these assertions are now the subject of an investigation by the Internal Affairs Bureau.
The witness’ statement was consistent with a report issued by the U.S.
Department of Justice in a June 28, 2013, finding that deputies in Lancaster and Palmdale “engaged in a pattern or practice of discriminatory and otherwise unlawful searches and seizures, including the use of unreasonable force, in violation of the Fourth Amendment, the Fourteenth Amendment and Title VI.” The Department of Justice went on to note that “Some Antelope Valley Deputies wear tattoos or share paraphernalia with an intimidating skull and snake symbol as a mark of affiliation with the Antelope Valley stations.”
In a deposition in a wrongful death case, Oleg Polissky, a Palmdale Station deputy, testified that he received a Cowboys tattoo and attended a celebration with at least twenty similarly tattooed deputies. A similar tattoo appeared on the leg of a former deputy who was shot by another deputy while on a camping trip. A photo of the victim’s leg was displayed at a Special Hearing of the COC. A witness who required anonymity was told that the shooting was in retaliation for an act objected to by the Cowboys. The retaliatory shooting of out of favor compatriots is classic criminal gang activity prosecuted regularly. Another witness with direct knowledge of the circumstances, and who was the source of the first witness’ knowledge of the shooting, declined to be interviewed.
6. Aero Bureau
Aero Bureau is responsible for the Department’s helicopters. It has a small 332
34 number of assigned deputies who have the necessary pilot skills and wear a helmet that has as its logo a chicken being choked. The group is widely referred to as the “Ghetto Birds.”
A witness interviewed by COC’s staff described systematic harassment by the three senior Caucasian deputies in the Aero Bureau. The witness described them as a “clique” and the three as “shot callers.” The witness said that there were no African Americans assigned to the Aero Bureau and that as far as the witness knew there had been only one African American ever assigned to the Bureau.
Another witness, a current deputy with 20 years of service who insisted upon anonymity for fear of retribution, confirmed that the Aero Bureau takes pride in the “Ghetto Bird” logo. The witness said that a leader of the Aero Bureau openly stated that he was a Viking and was a founder of the Regulators. Another leader is a tattooed member of the Spartans. The witness described the process of coordinated “humiliation” efforts directed by the shot callers to disfavored deputies. The shot callers encouraged the others at Aero Bureau to ignore disfavored deputies.
The witness described systematic and routine harassment that caused many new deputies to leave the Bureau. The witness observed the shot callers mocking the accent of a Hispanic deputy and said that disfavored deputies had their pictures placed and defaced on bathroom walls.
The action of a small, self-selected racially harmonious sub-group is consistent with evidence regarding how Deputy Gangs and Deputy Cliques acted in numerous stations throughout the Department. The use of racially charged and disparaging logos is also consistent with their problematic conduct. Such conduct is inconsistent with fundamental principles of professional policing.
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35 C. Obstacles to Eliminating Deputy Cliques in the Department Among those who must participate in the solution to longstanding and widespread problem of Deputy Gangs and Deputy Cliques in the Department are the Association for Los Angeles Deputy Sheriffs (“ALADS”) and County Counsel. Neither ALADS nor County Counsel have been helpful in the past.
1. ALADS
Most deputies who are members of ALADS are not tattooed members of a Deputy Gang or Deputy Clique. According to the Rand Report as many as 15 to 20% of deputies belong to Deputy Cliques. ALADS should, accordingly, recognize that the elimination of Deputy Gangs and Deputy Cliques is in the best interests of the vast majority of its members.
The Special Counsel’s investigation has revealed, however, numerous instances in which ALADS has protected Deputy Gang and Deputy Clique members. This has included protecting deputies who engaged in gang activities involving serious misconduct against other deputies who presumably are ALADS members. There is no dispute that pursuant to the Myers-Milias-Brown Act and the National Labor Relations Act, ALADS owes a duty of fair representation to all its members. Special Counsel believes, however, that ALADS can meet its obligations without condoning the existence of Deputy Gangs and Deputy Cliques, the harm they cause to the Department, or the attendant unprofessional conduct in which members of those groups engage.
ALADS has opposed efforts by the Department to require the disclosure of tattoos affiliated with Deputy Cliques. In one example, ALADS procured a legal opinion that the First Amendment prohibits the Department from barring deputies from having tattoos associated with these groups. That opinion, which is it at odds with the 334
36 applicable law discussed below, was provided to Sheriff Villanueva, who relied upon it to assert that he was constitutionally unable to restrain the use of tattoos by Deputy Cliques even if they constituted “police gangs” as defined by California Penal Code section 13670.
In a very recent example ALADS contacted a current captain who sent an email advising deputies at his station not to get Deputy Gang/Deputy Clique tattoos because it could hurt their careers. ALADS protested that advice and told the captain to cease and desist from advising deputies about tattoos. Such communication serves both to undermine the command structure of the Department and to normalize open display of Deputy Gang and Deputy Clique membership.
Steve Biagini, a retired 37-year veteran of the Department who served as Captain in the East L.A. station, observed that because of actions by ALADS and PPOA (Professional Peace Officers Association), the supervisor’s union, he could not question an incoming transferee’s “fitness” to serve at the East L.A. station. Rather, if the deputy was on an incoming transfer list, he had no discretion to refuse the transfer.
Similarly, he lacked the ability to transfer problematic deputies from the station.
Biagini blamed ALADS for this limitation on supervisorial discretion and the consequential harm to the Department of requiring unfit deputies to remain in stations where their problems arose.
Michael Gennaco, who was the head of the Office of Independent Review, described the institutional problems attributable to ALADS. He expects that ALADS will oppose more detailed and explicit training of deputies about the dangers of Deputy Clique affiliation, will oppose changes in the transfer and rotation system to reduce the influence of Deputy Cliques at stations and jails, and will not acknowledge the existence of problems associated with Deputy Cliques, notwithstanding the evidence 335
37 set forth above.
Gennaco used as an example ALADS’ involvement in the Quiet Canon episode, another fight among deputies, some of whom were ultimately terminated. Gennaco said that ALADS ostracized the whistle blowers but backed “to the hilt” the accused.
ALADS’s reaction to the Internal Affairs investigation of the Kennedy Hall incident involved a similar defense of the accused even though the victims were also deputies (and presumably ALADS members).
ALADS also created obstacles to Special Counsel’s investigation. Those include making a baseless contention that the COC has no subpoena power because the grant of that power by Measure R violates the deputies’ collective bargaining agreement with the County. Further ALADS has contacted witnesses subpoenaed by the COC and urged them to seek specific lawyers to assist the witnesses in avoiding testimony. A subpoenaed witness reported a specific direction to call a designated lawyer who would arrange for the witness not to testify.
It is imperative that ALADS supports the elimination of the Deputy Gangs and Deputy Cliques for the benefit of its members. The repeated gang style behavior of certain Deputy Cliques has led to enormous litigation costs borne, in part by ALADS, to the detriment of ALADS’ members, and significant harm to the Department’s reputation with the public. Each special hearing of the COC included multiple public witnesses calling out gang behavior by deputies and expressing a community fear and hatred of deputies simply because they were members of the Department. The level of anger and mistrust publicly expressed is the tip of a sizable iceberg in the community. Elimination of Deputy Gangs and Cliques is in the best interest of all Department members. The public enmity alone increases the risk of harm to deputies.
If only for reasons of their members safety, ALADS’ should be a leader in eliminating 336
38 Deputy Cliques and the Deputy Gangs that grow out of them.
2. County Counsel
County Counsel bears some responsibility for enabling Deputy Cliques. After the Kolts Commission issued the first report to publicly acknowledge the existence of Deputy Cliques in the Department in 1992, Judge Kolts recommended that the County establish a civilian oversight board to ensure the Sheriff implemented reforms aimed at reducing uses of force and eradicating Deputy Gangs. The County Counsel, however, issued an opinion advising that a civilian oversight board without the Sheriff’s agreement would violate state law. The Department leadership used this opinion to successfully oppose civilian oversight for many years. During this period without civilian oversight deputy gangs flourished.
The County Counsel has approved the use of County resources to pay by the hour litigation counsel to defend Deputy Gang and Deputy Clique members who have engaged in misconduct far outside the scope of their duties as deputies. Deputies who engaged in an after-hours beat downs of co-workers as an exercise of their power over other co- workers were not acting within the course and scope of their duty and yet they are supported in litigation by the County.
In connection with Lockett v. County of Los Angeles, 18-CV-5838-PJW in a December 2022 “Summary of Corrective Action” an Assistant County Counsel addressing the beating and tasering by Deputies Aldama and Orrego of Sheldon Lockett alleged to have been motivated by the deputies involvement in the Executioners Deputy Gang wrote “to date, there is no information or evidence obtained through any Sheriff’s Department investigation to substantiate this claim[that the use of force by the deputies was motivated by their membership in the Executioners.]” In fact, as was revealed at the hearing, Aldama displayed his 337
39 Executioner tattoo at a deposition. The Court denied the County’s lawyer’s attempt to keep from the jury evidence of the tattoos of the deputies. The question of the relationship between the use of force, a claim ultimately settled by the County for more than two million dollars, and action in furtherance of gang membership surely was a reasonable inference to be drawn from the history of the Executioners and the disturbing facts that led to the multi-million dollar settlement.
It appears that County Counsel refused to accept the inference in light of the facts publicly known. For example, in the case of the shooting of Donta Taylor by the same deputies, Aldama admitted not only that he had an Executioner tattoo but that up to twenty other deputies had the same tattoo. The Taylor case settled for seven million dollars. It appears that notwithstanding almost ten million dollars in County paid settlements that the County Counsel refused to accept the inference widely drawn by the media and the community.
As Michael Gennaco has made clear, County Counsel has not supported meaningful risk management and other efforts to address the problem of Deputy Cliques on the front end; that is, working to root out the problems before they result in litigation as opposed to paying after-the-fact litigation costs, settlements, and adverse judgments. He recalled a handwritten document describing a Regulator tattoo, which stated that “if you kill add smoke” to the tattoo. Gennaco stated that County Counsel urged no action because of concern that the Department would be sued if it took action in response to the tattoo.
The COC believes that County Counsel is aware that former Sheriff Villanueva relied upon a withdrawn and legally erroneous 2014 opinion to claim that he could not end the tattooed Deputy Cliques. Despite the COC’s request, the COC has been informed that County Counsel has advised the Board of Supervisors not to release an 338
40 opinion that fully sustains the COC’s recommended policy change. By this simple act County Counsel gave cover to a regime that at minimum tolerated, if not rewarded Deputy Gangs and Deputy Cliques.
The conduct of County Counsel creates a reasonable inference that, whatever its intentions, by its actions and inactions it has not provided meaningful assistance to eliminating Deputy Gangs and Deputy Cliques.
3. Los Angeles District Attorney’s Office
The District Attorney’s Office has in many instances ignored deputies who participate in Deputy Gangs and Deputy Cliques and who engage in gang-related misconduct. The Justice System Integrity Division (JSID) of the Los Angeles District Attorney’s Office investigates alleged criminal misconduct by deputies, as well as all deputy involved shootings to determine whether criminal charges should be filed. In conducting its analyses, the JSID repeatedly refrains from pursuing evidence that a sheriff’s deputy accused of potential criminal activity or unconstitutional is affiliated with a Deputy Gang or Deputy Clique. For example, JSID declined to file criminal charges against four alleged Banditos who severely beat other deputies at an offtraining party at Kennedy Hall. Despite substantial evidence that incident was, in effect, a “gang beat down,” the JSID discounted a gang-related motive, writing:
“Although there was some mention of a subculture of “Bandtios” existing at the ELA station, the Banditos was not a focus of this investigation nor were suspects identified as being part of this subculture.… At no point in this investigation did any witnesses indicate that the Banditos were equivalent to a gang or any type of criminal enterprise.”
The JSID memo is factually wrong—several witnesses interviewed in Special Counsel’s investigation have characterized the Banditos as a “gang”—and betrays a 339
41 reluctance to pursue any evidence of gang affiliation or a gang-related motive for alleged misconduct. As the Inspector General concluded in his October 2020 report, “Having received what appears to be a purposefully perfunctory investigation by ICIB (which did not gather evidence of the motive behind the alleged assault at Kennedy Hall) the LADA office did not request statements be taken from the uncooperative witnesses or compel a grand jury to compel statements.” The District Attorney’s Office also has failed to require the Department to disclose the identity of known Deputy Gang and Deputy Clique members who are to testify as prosecution witnesses in criminal trials. The District Attorney’s Office does not require Deputy District Attorneys to ask prosecution witnesses whether they belong to a Deputy Gang. The failure to obtain and to disclose potentially exonerating or impeaching testimony favorable to the defense raises significant constitutional issues under Brady v. Maryland (1963) 373 U.S.83.
D. The Elimination of Deputy Cliques is Constitutionally Permissible Applicable law permits disciplinary actions, including termination, based upon a deputy’s joining or participating in an internal Deputy Clique. The overwhelming evidence presented at the public hearing, and developed in extensive interviews, demonstrates that Deputy Cliques encourage excessive force, undermine supervision, destroy public trust, are discriminatory, disruptive, and act contrary to fundamental principles of professional policing. With these elements Deputy Cliques are properly defined as gangs within the definition of Penal Code Section 13670. These characteristics make the elimination of the Deputy Cliques constitutionally permissible.
Indeed, they make the elimination of these Deputy Cliques and Deputy Gangs a constitutional imperative.
The activities of and dangers created by Deputy Cliques meet the balancing test 340
42 required to ban or limit membership in these groups. Pickering v. Board of Education, 391 U.S. 563 (1968) established the required “balancing” test. The Ninth Circuit applied the test in Hudson v. Craven, 403 F.3d 691, 696 (9th Cir. 2005). The balance to be weighed is: “(1) [W]hether the speech that led to the adverse employment action [i.e., prohibiting Deputy Cliques] relates to a matter of ‘public concern’; and (2) whether, under a balancing test, the public employer can demonstrate that its legitimate interests outweigh the employee’s First Amendment rights.” Based upon the “public comment” at COC’s special hearings and COC regular meetings and the multiple public reports going back to the Kolts Commission in 1992, the existence and conduct of Deputy Cliques are plainly matters of “public concern.” The COC has heard moving statements by friends and family members of deceased or injured individuals impacted by the activities of Deputy Cliques. The treatment and gang activities of Deputy Clique members toward their brothers and sisters in uniform is a chilling statement of the paramount interest of the Department and the County in protecting its own employees and not tolerating persistent violations of law and fundamental principles of professional policing. The public is well advised to be “concerned” and to view the evidence of such misconduct directed toward fellow deputies and assume that they, as outsiders of the organization, can only expect worse treatment.
In Piscottano v. Murphy, 511 F. 3d. 247, 274-277 (2nd Cir. 2007), the court concluded that correctional officers’ membership in the Outlaws Motorcycle Club, an organization that had engaged in criminal activity, presented an issue of “public concern.” Here, both extensive law enforcement testimony and evidence and the public comments demonstrate that Deputy Clique membership is a matter of public concern. Accord, Godwin v. Rogue Valley Youth Corr. Facility 656 App’x 874, 875 (9th 341
43 Cir. 2016).
In the balancing of competing interests prong of the test, the employer needs to show that “the employee’s activity is disruptive to the internal operations of the governmental unit in question” and the disruption is significant enough so that it “impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships…or impedes the performance of the speaker’s duties or interferes with the regular operation of the enterprise.” Melzer v. Bd. of Educ of City Sch. Dist. of City of New York, 336 F.3d 185, 197 (2nd Cir. 2003).
Courts have consistently found that a “law enforcement agency has a heightened need for order, loyalty, morale and harmony which affords a police department more latitude in responding to the speech of its officers than other government employers.” See e.g., Doggrell v. City of Anniston, Alabama, 277 F. Supp. 3d 1239, 1258 (N.D. Ala. 2017); Turner v. United States Capital Police, 34 F. Supp. 3d 124, 143 (D.D.C. 2014); McMullen v. Carson, 754 F.2d 936 (11th Cir. 1985) (Ku Klux Klan membership sufficient to terminate a Sheriff’s deputy.). Further, the efficiency, security, and integrity of the Department law enforcement function easily outweighs the “associational rights” of a Deputy Clique member.
In short, the applicable law establishes that, based upon the facts found by Special Counsel, and the evidence offered in public hearings conducted by the COC that the elimination of Deputy Cliques is well within the constitutional bounds of the Department. Not only is it permissible, but it is also a necessity.
IV. FACTUAL FINDINGS SUMMARY
Special Counsel’s investigation of Deputy Gangs and Deputy Cliques in the Los Angeles Sheriff’s Department demonstrates that it is time to eradicate this 50-year plague upon the County of Los Angeles, its residents and the Department’s employees 342
44 who do not belong to, or wish to be associated with, the Deputy Gangs or Deputy Cliques. The fine distinction, if any, between “Deputy Gangs” and “Deputy Cliques” is not important. The evidence has shown that Deputy Cliques regularly devolve into discriminatory, exclusionary, and dangerous associations that challenge the core goals of law enforcement.
Accordingly, Special Counsel sets forth below recommendations to the COC to urge Sheriff Robert Luna to accomplish this goal. The COC should work with the Sheriff and the Department in facilitating enactment of the recommendations and monitoring the results.
V. RECOMMENDATIONS TO ELIMINATE DEPUTY GANGS AND CLIQUES On February 14, 2020, the COC passed a resolution recommending that the Department enact a policy “prohibiting joining and participation in deputy cliques.” A copy of the resolution and preamble is attached as Exhibit A.
The COC defined Deputy Cliques “as groups of Sheriff’s deputies within a particular patrol station, bureau or unit who self- associate as a subgroup to the exclusion of others in their station or unit.“ The term “Deputy Cliques” when used within the Department was intended to minimize the problem created by such groups.
The harmful effects of groups of deputies who self-associated and acted to exclude other deputies by identifying with symbols and names designed to separate themselves from the Department had a principal focus upon the harm caused to the Department and to excluded members. Special Counsel urges the COC to reiterate its request that the Sheriff enact a policy prohibiting deputies from joining, participating in or soliciting others to join a Deputy Clique.
However, Special Counsel urges the COC to go further. As expressed above, as defined in the COC proposal, the term “Deputy Cliques” encompasses subgroups that 343
45 engage in misconduct directed against the community such as excessive force and violations of constitutional rights. The factual investigation has revealed widespread, deliberate misconduct that at minimum violates fundamental principles of professional policing and in many cases appears to violate the law. The time has now come for a policy that expressly prohibits not just the internally harmful effects of Deputy Cliques, but the external, community harmful acts of Deputy Gangs. Such harmful acts include falsified police reports, unlawful searches and seizures, misuse and excessive use of force and discriminatory enforcement of law. Proof that the community, particularly the communities of color, are suffering because of gang behavior is epitomized in the recently released body-camera footage of Deputy Sabatine as he exercised his authority by pointing a gun at an African American man sitting in his parked car without any evidence of a crime.
Now is the time to eliminate all these problematic groups, Deputy Cliques and Deputy Gangs. The factual findings compel the COC to urge the Sheriff to adopt the following recommendations:
A. LEADERSHIP AND SUPERVISION
1. The Sheriff must clearly, promptly and unequivocally articulate his vision, policies, and objectives in addressing the problem of Deputy Gangs and Deputy Cliques.
Deputy Gangs and Deputy Cliques, and their adverse effects on the community and the Department need to be eliminated. This is easier said than done, but it will never be done unless the Sheriff promptly announces that Deputy Gangs and Deputy Cliques will no longer be tolerated. He should make clear that this is a top priority, and he should state his intention to make this happen immediately. He must also promptly adopt policies calculated to achieve this goal and see that these policies are enforced. 344
46 2. Adopt a policy that clearly prohibits deputies from participating in Deputy Gangs, as defined in Penal Code Section 13670.
Special Counsel’s investigation has revealed that, despite 50 years of known Deputy Gangs and Deputy Cliques within the Department, these problematic groups continue to operate at several of the Department’s patrol stations, engage in gang like activities and no Sheriff has adopted a policy banning participation in such groups.
Moreover, the State legislature has mandated that every law enforcement agency in the State of California “shall maintain a policy that prohibits participation in law enforcement gangs and make violation of that policy grounds for termination.” PC Section 13670(b). Moreover, the legislature has defined the term “law enforcement gang.” The current Sheriff’s predecessor failed to implement a policy banning law enforcement gangs within the Department. Such a policy should be adopted without further delay.
3. Adopt a policy that prohibits deputies from joining, participating in and soliciting others to join Deputy Cliques.
Given the Department’s long history of exclusionary deputy subgroups, it will not be enough merely to prohibit participation in deputy or law enforcement “gangs.” Ending this problem requires a prohibition against joining and participating in Deputy Cliques. In April 2021, the COC proposed that the Department adopt a policy that prohibits deputies from joining, participating in, or soliciting others to join a Deputy Clique. The COC’s proposed policy was accompanied by a preamble that explained the need for such a policy and provided definition to the term Deputy Clique.
As noted above, Special Counsel urges that the Sheriff adopt the COC’s proposed policy. Violators of the policy would be subject to discipline, up to and including termination. The indispensable element to ending this 50-year harm to the 345
47 Department and the public is adopting the recommended policy to send a strong message that belonging to a Deputy Clique is no longer going to be tolerated, that gang behaviors are a thing of the past and this Sheriff is fully committed to rid the Department of these groups.
All Deputy Gangs have sprung from Deputy Cliques, and the clique-culture is deeply embedded in the Department. This cancer in the Department must be excised.
4. The Sheriff should develop a departmentwide initiative to end Deputy Gangs and Deputy Cliques.
As noted above in the Factual Findings, Deputy Gangs and Deputy Cliques are secretive, exclusive, and often employ intimidating, unprofessional, or controversial graphics, including body tattoos. They diminish the public’s trust in the Department, undermine supervision and the chain of command, are detrimental to the morale of other Department members, and negatively impact the Department’s effectiveness and professionalism in executing its mission. The elimination of these groups requires buy-in at all levels of the Department. The Sheriff should announce a department-wide initiative banning Deputy Gangs and Deputy Cliques. All executives, managers, and supervisors must be openly and unequivocally committed to conveying the Sheriff’s policy, and objectives to Department personnel. As the Rand study stated, “Culture eats policy.” The Sheriff’s leadership teammust change the culture of stations, jails, and other bureaus or units where these groups exist.
5. The Sheriff should seek the support of ALADS and PPOA, for his vision, policies and objectives regarding Deputy Gangs and Deputy Cliques.
ALADS and PPOA need to be part of the solution and recognize that the elimination of Deputy Gangs and Deputy Cliques is in the overall best interests 346
48 of their members.
6. Any captain who is unable or unwilling to support the Sheriff’s policy without reservations should be subject to appropriate discipline ranging from transfer to a less critical position with little or no presence of Deputy Gangs and Deputy Cliques to
termination for insubordination in the Sheriff’s considered judgment and pursuant to required due process.
7. The Department should consider assigning a senior captain and a newly promoted captain to larger, high activity stations to ensure maximum supervision and mentoring of lieutenants and sergeants while retaining full accountability within the paramilitary structure of the Department.
Although a single captain heads Sheriff’s patrol stations, there is a precedent for having two captains oversee a facility in the Custody Division. MCJ, Twin Towers Correctional Facility, and North County Correctional Facility all have two captain organizations—one for operations and one for administrative functions. Assigning two captains to larger, busier patrol stations, particularly those with a history of entrenched Deputy Gangs and Deputy Cliques, will enhance the ability of captains to address the continuing problem of these groups and help ensure that such groups will not be formed in the future. If the Sheriff does not believe a two-captain approach is well advised, he should report his reasons to the COC.
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49 B. POLICY AND TRAINING
1. As set forth in recommendations A (2) and A (3) above, the Sheriff should adopt and promptly implement a clear policy to address the need to eliminate Deputy Gangs and Deputy Cliques and prohibit tattoos that depict violence which must be supported, and explained by the Sheriff’s leadership team.
As defined earlier in this Report, a Deputy Clique is an association of deputies within a station or unit that is secretive and invidiously exclusionary and often adopts images, including matching tattoos depicting violence or the use of deadly force. These sub-groups have been fairly and frequently defined as Deputy Gangs. As stated in Recommendations No. A (2) and A (3) above, the Sheriff should immediately bar all deputies from joining, participating in, or soliciting others to join Deputy Gangs and Deputy Cliques. In addition to adopting this policy, the Sheriff should promulgate additional polices to help eradicate Deputy Gangs and Deputy Cliques, including a policy that prohibits new deputies hired after the date of the issuance of Recommendations A (2) and A (3) from having tattoos that depict violence, the use of deadly force or any iconography that might reasonably be found offensive to the public. Current Department members should also be prohibited from acquiring such tattoos after the date of the issuance of the policy. Any current Department member who acquired a Deputy Gang or Deputy Clique tattoo prior to the adopting of the policy should be required to ensure that it is not visible while the member is on-duty, on Department or County property, or is representing the Department away from the workplace.
A review of stations and jails should be conducted to determine which facilities have unprofessional station/jail/bureau logos. Unit commanders should be 348
50 accountable for the removal of decals, flags, bumper stickers, decorations, or other depictions of unprofessional symbols inappropriate for representing Department units.
All managers and supervisors must be responsive to the existence of graphics or other symbols representing prohibited Deputy Gangs or Deputy Cliques or offensive station/jail/bureau logos such as “Ghetto Birds” or “Ft. Apache.” They should be removed, and misconduct investigations should be initiated to determine which personnel are responsible for such graphics or symbols if they reappear in the future.
2. The Department should investigate violations of the policy banning joining or participating in Deputy Gang and Deputy Cliques and refer violations for discipline.
A primary consequence of any violation of the Sheriff’s policies regarding Deputy Gangs or Deputy Cliques should be a misconduct investigation followed by appropriate discipline which should range from suspension through demotion to discharge consistent with due process. Department personnel should also be advised that the Department will enforce Penal Code Section 13670.
3. The Department’s leadership team should consistently and recurrently emphasize the adverse career consequences of creating or joining a Deputy Gang or Deputy Clique.
Although this task belongs to personnel of every rank, the time commitment must increase with each successively lower rank. Notwithstanding the importance of a captain-level manager to set the tone for deputies, lieutenants and sergeants, lieutenants and sergeants spend the most time with deputies. They therefore must be most accountable for communicating to deputies under their supervision the adverse consequences of becoming involved with Deputy Gangs and Deputy Cliques. Captains ultimately are responsible for and must be held accountable for the performance of 349
51 lieutenants and sergeants.
4. The Department must implement a procedure for notifying the District Attorney’s Office if a deputy testifying as a witness participates in a prohibited Deputy Gang or Deputy Clique.
Compliance with Federal and State law, including compliance with Brady v.
Maryland (1963) 373 U.S. 83, requires the District Attorney’s Office to disclose if a deputy testifying as a prosecution witness participates in a prohibited Deputy Gang or Deputy Clique that might bear upon the witnesses’ credibility. The confidentiality of law enforcement personnel files does not relieve the prosecution of its constitutional obligation to disclose impeaching information for any deputy testifying as a prosecution witness. Sheriff Luna and his designees should consult with the District Attorney’s Office to devise an appropriate procedure for the Department to notify the District Attorney’s Office that a deputy is participating in a prohibited Deputy Gang or Deputy Clique so that prosecutors can make the required disclosures, if any, to the defense.
5. The Department should actively investigate violation of the policy prohibiting joining, participating in or soliciting deputies to join Deputy Gangs and Deputy Cliques
Sheriff Luna should remedy the Department’s longstanding failure to investigate Deputy Gangs and Deputy Cliques. After Recommendation No. 2, above is adopted, the Department should make reasonable efforts to learn whether deputies continue to participate in such groups, as the Department did in 1973 with the Little Red Devils and in 2013 with the Jump Out Boys.
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52 6. The Department should train supervisors how to mentor deputies about the adverse consequences of involvement in Deputy Gangs and Deputy Cliques.
In 2016 the Department initiated a departmentwide mentoring program for deputy personnel named the “Sergeants’ Mentoring Initiative.” The objective of the program was to equip and inspire the sergeants to provide to their deputies meaningful, practical, recurrent mentoring about decision-making and conduct in law enforcement and custodial services. The program was designed to (1) emphasize the high aspirations associated with public safety services, (2) stress the importance and difficulty of the decisions required of peace officers, (3) acknowledge the temptations and pressures prevalent in law enforcement, and (4) enhance deputies’ capacity to apply foresight, perspective and wisdom to their decision- making and conduct.
7. The Department should implement a series of community meetings involving patrol station captains, commanders, and chiefs to ascertain the impact of Deputy Gangs and Deputy Cliques on community relations.
The Department should implement at every station a Community Advisory Committee (“CAC”). The committees should consist of community members who have been vocal in their criticisms of law enforcement in addition to station “boosters” who volunteer formembership.
The periodic meetings should be attended by committee members, other members of the community, and station personnel, including the captain, dedicated lieutenant, sergeants, and special assignment and other deputies as necessary. These meetings constitute excellent forums for Department personnel to learn about community concerns. The topic of Deputy Gangs and Deputy Cliques must be an 351
53 agenda item of these meetings.
C. RE-DEPLOYMENTS AND ROTATIONS
Special Counsel recognizes the complexity of the Department, as well as the difficulty of managing the second largest local law enforcement agency in the country, with its large geographical area, responsibilities for operating the largest county jail system and the largest local court system in America and its duty to police over four million residents.
Special Counsel also recognizes that re-deploying or transferring deputies who belong to a Deputy Gang or Deputy Clique from one unit or patrol station to another has in certain circumstances resulted in moving but not necessarily solving the problem. The clearest illustration of this was the transfer of substantial numbers of deputies who were members of the 2000 and 3000 Boys to the same patrol stations they selected as their preferences, i.e., Compton and South L.A. Stations, respectively.
Nonetheless, the use of the Sheriff’s authority to re-deploy, transfer and rotate assignments is a valuable tool that can help eliminate Deputy Gangs and Deputy Cliques within the Department and, importantly, preventing their formation and reemergence.
In interviewing non-Department law enforcement managers, as well as former Department leaders, Special Counsel recognizes that other law enforcement agencies use re-deployment and assignment rotation to minimize the risk of problematic officer or deputy groups forming in those agencies. It is an available and appealing strategy here. While not a panacea, it would provide an additional remedy and the mere announcement of the policy could serve a prophylactic effect.
Moreover, the evidence adduced demonstrates that the Department’s decentralized station-based structure has played a significant role in fostering Deputy 352
54 Gangs and Deputy Cliques. Deputies’ loyalties extend to the station rather than to the Department as a whole. Indeed, tattoos often are associated with the first or “home” station of the deputy.
At a minimum, the Sheriff should provide a report to the COC on his perception of the viability and likelihood of success of the rotational plan set forth below.
Special Counsel urges that the Sheriff implement the following recommendation for re-deployment and periodic rotations of deputies within patrol and custody:
1. The Sheriff should use his authority to re-deploy and rotate deputies based upon the needs of the Department for the Department to eliminate the formation and re-emergence of Deputy Gangs and Deputy Cliques.
The Sheriff should consider making such re-deployments or transfers within a geographic patrol or custody division, where possible, to avoid undue hardships. The Sheriff should also consider rotating all patrol deputies (after completion of field training) no later than the end of their first year in patrol to another patrol station within the Division. The Sheriff should also consider rotating all patrol deputies in periodic rotations, no longer than every five years, or sooner, to another station. The CCJV recommended and the Department implemented frequent rotations of deputies within the facilities of the County Jails. The rotational policy played a role in breaking up of the 2000 and 3000 Boys and reducing excessive force in MCJ. The rotation of deputies serving in Custody divisions should continue.
To effectively use the Sheriff’s authority to re-deploy, Unit Commanders should take necessary actions to address the problem of Deputy Gangs and Deputy Cliques under their commands, including recommending to their Chiefs transfers of problematic deputies. Captains must be focused upon the rotation options and actively 353
55 participate in informing Commanders and Chiefs of the utility and results of such transfers.
2. The Department should re-assess the dual career track for Custody/Court Services and provide a written report to the COC explaining what factors impede implementation.
Having more deputies in Custody or Court Services who want careers in those Divisions may allow other deputies to go directly to patrol from the academy or shorten the time that other deputies spend in Custody after the academy.
3. The Department should assess the feasibility of first assignments to patrol rather than jail facilities and provide a written report to the COC explaining what factors exist, if any, impede
implementation.
D. ACCOUNTABILITY
1. The Sheriff should ensure that senior executives and unit leaders, notably captains and commanders are implementing the Sheriff’s policy, vision and objectives regarding Deputy Gangs and Deputy Cliques.
A segment of the weekly Executive Planning Council meeting (Sheriff, Undersheriff, Assistant Sheriff, Division Chiefs and various staff members) should be devoted to discussion of the progress of the initiative to end Deputy Gangs and Deputy Cliques. Identified obstacles should be remedied quickly.
2. The Office of Inspector General should monitor implementation of the policy banning, joining or participating in Deputy Gangs and Deputy Cliques.
Because of the imperative of implementing policies to eliminate Deputy Gangs 354
56 and Deputy Cliques, Special Counsel recommends that the COC request the Office of Inspector General to deploy its resources as additional “eyes and ears” to ensure the policy recommendations A (2) and A (3) are implemented fully and with alacrity.
3. Promotional considerations should include an evaluation of evidence that a member under consideration for a promotion is currently involved in a Deputy Gang or Deputy Clique, including the nature and extent of the member’s involvement and whether it was before or after the date of the policy issued by the Sheriff.
Past administrations have promoted tattooed Deputy Gang members to the highest levels of leadership in the Department. Most notably, Sheriff Baca promoted Paul Tanaka, a tattooed Viking, to Undersheriff. More recently, Sheriff Villanueva promoted Timothy Murakami, a tattooed Caveman, to Undersheriff and Lawrence Del Mese, a tattooed Grim Reaper, to Chief of Staff.
Promoting Deputy Gang members into leadership positions reinforces the power of Deputy Gangs and Deputy Cliques and undermines the ability of officials to implement reforms aimed at eliminating them within the Department. For example, former Undersheriff Tanaka’s recommendation encouraging investigative tactics “close to the line”and “in the gray area” became part of the Jump Out Boys creed.
Current or former Deputy Gang and Deputy Clique members in leadership positions will have difficulty enforcing new prohibitions against other deputies joining a Deputy Gang or Deputy Clique because their own tattoos and past participation renders them vulnerable to accusations of, at minimum, hypocrisy. Former Chief of Staff Del Mese testified that he had his Reapers tattoos removed at about the same time as the former Sheriff appointed him Chief of Staff because he understood that the tattoo had come to be a “liability” and “a bad look.”
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57 Consequently, the Department should inquire if a deputy under consideration for a promotion is or was Deputy Gang or Deputy Clique affiliated and must carefully evaluate the Department wide implications of promoting those who actively participated in such groups.
4. The Department should include a standard set of questions regarding a deputy’s current affiliations with Deputy Gangs or Deputy Cliques in the use of force review process and in administrative and internal criminal investigations.
This recommendation does not assume a per se causal connection between membership in a Deputy Gang or Deputy Clique, or the fact that a deputy has a tattoo reflecting involvement in such a group, and unlawful use of force or misconduct. It is, however, important to recognize that the community widely assumes such a causal connection.
Members of communities policed by Deputy Gangs and Deputy Cliques widely infer a connection between such groups and excessive uses of force. The U.S.
Commission on Civil Rights report, the Loyola Report and the report of the National Association of Blacks in Criminal Justice noted that stations with active Deputy Gangs have significantly more deputy involved shootings than stations without Deputy Gangs, even when the overall crime rates in the station-districts are comparable.
The questions must enable an assessment of the possibility or likelihood of a connection, without any presumption. If there is evidence indicating even a possible connection between a deputy’s membership in a Deputy Gang or Deputy Clique and a use of force incident or misconduct, investigative steps should be taken to determine the nature and extent of the connection. In any such cases, the Office of the Inspector General should be notified and asked to monitor the progress of the investigation. 356
58 5. The Department should ensure that captains are notified of deputies involved in force incidents or personnel misconduct investigations who have affiliations with Deputy Gangs or Deputy Cliques, including tattoos associated with such groups.
The Department should codify this recommendation as a rule in the Department Manual of Policy and Procedures. The responsibility for making this notification will normally fall to an investigator at the captain’s own unit of assignment, or to an Internal Affairs Bureau or to Internal Criminal Investigations Bureau investigator.
However, anyone who obtains such knowledge must promptly notify the concerned captain, either directly or through the chain of command.
6. The Department should ensure that the CompStat process for risk management indicators regarding the existence of Deputy Gangs or Deputy Cliques within a patrol station or other Department unit is implemented and is effective in assessing the risk mitigation efforts of unit commanders.
The Department previously instituted a CompStat process, also referred to as the Sheriff’s Critical Issues Forum (SCIF). The Department initially used it primarily in patrol divisions, but later extended to every division involved with large scale risk management issues. LAPD has successfully employed a CompStat process that allows measurable results. Such statistics driven analyses can assess unit commanders’ efforts to successfully manage their responsibilities. SCIF or other statistics driven analyses will assist in the responsible operating of the Department and provide another forum for evaluating progress on efforts to end Deputy Gangs and Deputy Cliques. The Department should track force incidents by shifts or deputy partners, checking for, and assessing, patterns that may indicate the need for re-assignments, transfers or, 357
59 discipline.
The Department should implement a “performance mentoring” process, overseen by Risk Management Bureau (“RMB”). The object of the program should be to identify “at-risk” employees by means of the automated “early identification and intervention system”.
Active management will determine the cause and the means of rectifying patterns of problematic conduct. Where leadership perceives the behavior as curable and non-recurrent, a mentoring program specifically designed to help the employee avoid future misconduct should be enacted.
7. The Department must ensure that captains hold sergeants and lieutenants accountable for deputies under their supervision involved in Deputy Gangs and Deputy Cliques.
It is essential that captains and lieutenants back up sergeants who face insubordination from members of Deputy Gangs and Deputy Cliques. Fulfilling this recommendation is a fundamental duty of captain- and lieutenant-level managers.
They must assess lower ranking managers and supervisors as to their commitment to convey, support and enforce the Sheriff’s vision and intentions about Deputy Gangs and Deputy Cliques. Failure on the part of a captain to meet this obligation should be grounds for transfer or other appropriate employment action.
8. The Department must ensure that sergeants actively and recurrently mentor deputy personnel and enforcement of the policy prohibiting Deputy Gangs and Deputy Cliques.
For sergeants to succeed in conducting the policy prohibiting Deputy Gangs and Deputy Cliques they must be supported by the chain of command. The persistence of these groups is due in part to sergeants perceiving that higher ranking officers will not 358
60 support them. With that perception, much of the incentive for a sergeant to actively seek to eliminate such groups is removed. Creation and systematic use of a data base tracking the date, time, setting, duration, topics covered, personnel in attendance, and identity of mentor will allow assurance that the policy of the Sheriff is reenforced by those closest to the deputies who might consider participation in a Deputy Gang or Deputy Clique.
9. The Sheriff should flatten the chain of command by eliminating at least one layer of supervision between him and the captains running patrol stations.
As noted earlier in this Report, the Department’s decentralized station- based structure has played a significant role in fostering Deputy Gangs and Deputy Clique.
Deputies’ loyalties are extended to the station rather than to the institution of the Department as a whole.
Despite some Sheriffs’ prior efforts to eradicate Deputy Gangs and Deputy Cliques some patrol station captains where these groups have flourished have found it easier to do nothing than take them on. The COC interviewed several captains of stations with widely known, active Deputy Gangs or Deputy Cliques who professed to know nothing about them despite extensive media coverage of scandals and widespread awareness of deputies of their presence. Because of the relative ease of the “do nothing” choice, information has not consistently flowed up to Commanders, Chiefs, and Assistant Sheriffs. That must change. Shortening the chain of command will assist the Sheriff in seeing that his policies will be enforced.
Currently, there are six layers of reporting from a Captain of a Patrol Station to the Sheriff (Captain to a Commander to a Chief to an Assistant Sheriff to the Undersheriff to the Sheriff). This top-heavy structure has led to a level of autonomy at 359
61 certain patrol stations that has contributed to the continuation of these groups. Some have equated patrol stations to functioning more like fiefdoms than integral parts of a command structure where policy is implemented throughout the Department.
This level of autonomy would be ameliorated by a shorter chain of command which the Sheriff could accomplish in a number of ways. At a minimum, the Assistant Sheriff for Patrol Operations should be a direct report to the Sheriff.
10. The prohibition against joining or participating in Deputy Gangs or Cliques should be a condition of employment.
Once the Sheriff adopts Recommendation No. 2, above, non-participation in Deputy Gangs or Deputy Cliques should be an express condition of employment. Such a condition will make clear from inception what will not be tolerated by the Department.
VI. CONCLUSION
Special Counsel respectfully urges the COC to consider the factual findings and recommendations in this report and to deliver the report to Sheriff Luna for his consideration.
There can be no doubt that Deputy Gangs and Deputy Cliques have been, and still are, responsible for undermining discipline, morale, and safety of the public and Department personnel. Deputy Gangs and Deputy Cliques, as the seed from which Deputy Gangs grow, must be eliminated. Sheriff Luna has an opportunity to set the Department on the right path in the best interests of the Department and the community. Special Counsel recommends that the COC adopt the Report and Recommendations and deliver it to the Sheriff.
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EXHIBIT A
361
362
363
364
365
Honorable Janice Hahn
500 W. Temple Street
Room 822
Los Angeles, CA 90012
[email protected]
Dear Supervisor Hahn:
On behalf of the residents and businesses of [city], we greatly appreciate your work to improve public safety services in our community and across the county. We are also strongly in support of our newly elected Sheriff Robert Luna. We have confidence in the Sheriff's initial steps to solve some longstanding issues within the Sheriff's Department.
It is because of our support for your efforts, and for Sheriff Luna, that we convey our concern over the recent recommendations by the Sheriff's Civilian Oversight Commission. The recommendations, especially the one that mandates the rotation of deputy sheriff assignments, seem premature given that the Sheriff is just now starting to implement his strategies to reform the department and restore working relationship with the county's stakeholders.
Requiring deputies to rotate out of our city seems like a course of action designed to relocate our experienced deputy personnel, rather than solving deputy gang problems more closely associated with the former Sheriff.
Of the many challenges faced by our new Sheriff and his capable command staff, we would much rather focus on the issues that would bring more, qualified deputies to serve in our city. We know our Sheriff's patrol station is understaffed, and any effort that would allow hiring more sworn personnel seems like a productive course of action.
Thank you for your time and effort on this important issue.
Sincerely,
XX
366
Agenda Item No.: 14.D
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: RECEIVE AND FILE A VERBAL REPORT FROM THE DRAINAGE AD
HOC COMMITTEE (MAYOR PRO TEM LEAH MIRSCH AND
COUNCILMEMBER JEFF PIEPER)
DATE: June 26, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
367
Agenda Item No.: 15.A
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: RECEIVE AND APPROVE THE PROPOSAL FOR A BLOCK CAPTAIN
EDUCATION AND SOCIAL EVENT ON THE CITY HALL CAMPUS ON
SUNDAY, AUGUST 27, 2023; EVENT TO INCLUDE ART WORK FOR
SALE BY RESIDENT DON CROCKER; A PERCENTAGE OF THE SALE
PROCEEDS TO BE GIFTED TO THE CITY TO BENEFIT EMERGENCY
PREPAREDNESS MEASURES IN THE COMMUNITY
DATE: June 26, 2023
BACKGROUND:
On Wednesday, June 14, 2023, the Block Captain Leads (Marian Visco, Debra Shrader, Marita Geraghty) and resident Don Crocker met at City Hall to discuss a potential social, and educational community event for Sunday, August 27, 2023 between 4 and 5:30pm at the City Hall campus.
At this event, the Block Captain Leads want to honor resident Steve Schultz for his willingness to use his property on Johns Canyon Road, in the event of an emergency, to evacuate residents out of Rolling Hills. The Block Captain Leads also want to invite the Los Angeles County Fire Department to provide a report on 2023 defensible space inspections in Rolling Hills.
Mr. Crocker is a longtime resident and has been a proponent of communitywide emergency preparedness measures for many years. He is also an artist that has produced many pieces of artwork, painting landscapes of California. Mr. Crocker proposed to bring his artwork to the event for sale and donate 25% of sales to the City of Rolling Hills to implement the following emergency preparedness measures:
Signage within the limits of the city to guide drivers to available exits; and To improve the extension of Portuguese Bend Road to create a fire road to Rancho Palos Verdes
These measures have been on Mr. Crocker's mind after having lived through the 1973, and 2009 wildfires in Rolling Hills.
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Staff discussed Mr. Crocker's proposal with the City Attorney and a gift agreement between the city and the resident could be the vehicle to accept the donation.
DISCUSSION:
The Block Captain Leads supports Mr. Crocker's proposal and at the June 14, 2023 meeting discussed details, and logistics for the event. The Block Captain Leads expressed that the measures Mr. Crocker wants to be implemented with his donation are worthwhile measures that will benefit the entire community.
If approved by the City Council, the Block Captain Leads, Mr. Crocker and staff will hold another planning meeting for the event in early July 2023 to invite the guest of honor, to secure the Los Angeles County Fire Department for a report on this year's defensible space inspections in Rolling Hills, and work with the City Attorney to finalize the gift agreement with Mr. Crocker. The agreement would be presented to the City Council for approval prior to the event.
FISCAL IMPACT:
Based on cost of previous events hosted by the Block Captain Program, the Sunday, August 27, 2023 event is anticipated to cost between $900 to $1,200. There is sufficient funds in the approved budget for Fiscal Year 2023-2024 under account 01-65-917 for the event.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CA_AGR_230626_ DonCrocker_ArtExhibit_MonetaryDonation_Draft.pdf 369
65277.00001\41404170.1
AGREEMENT FOR TEMPORARY EXHIBITION OF ART EXHIBIT BETWEEN THE
CITY OF ROLLING HILLS AND DON CROCKER
This Agreement for Temporary Public Exhibition of Art Exhibit (“Agreement”) is entered into as of June 26, 2023 (“Effective Date”), by and between the City of Rolling Hills (“City”) and Don Crocker (“Permittee) for display of a public art exhibit (“Art Exhibit”) at Rolling Hills City Hall located at No. 2 Portuguese Bend Road Rolling Hills, CA 90274 (“Exhibition Site”) upon the terms and conditions and for the purposes and uses hereinafter set forth.
City and Permittee are referenced individually as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the City is the owner of City Hall, certain real property located at 2 Portuguese Bend Road, Rolling Hills in the State of California; WHEREAS, the City recognizes the importance of supporting and promoting local artists and desires to foster cultural growth within the community; WHEREAS, Permittee, a recognized local artist, has expressed interest in utilizing the Exhibition Site more particularly described and depicted in the attached Exhibit A of this Agreement to showcase their artwork in the form of an art exhibit; WHEREAS, the City acknowledges the artistic value and potential economic benefit that the Art Exhibit can bring to the local community; WHEREAS, the City has approved a temporary exhibition of Permittee’s Art Exhibit to be located at Exhibition Site;
WHEREAS, in furtherance of the City's commitment to the arts, the City and the Permittee wish to enter into this Agreement to govern the terms and conditions for the Permittee's use of the Exhibition Site for the Art Exhibit; WHEREAS, Permittee desires and agrees to donate twenty-five percent (25%) of all gross income generated from the Art Exhibit to the City as a gesture of appreciation 370
65277.00001\41404170.1
for the City's support and to contribute to the City's ongoing fire preparedness and disaster prevention efforts;
WHEREAS, the City desires to accept this donation on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
1. Recitals. The Parties hereby incorporate by reference the Recitals above as if fully set forth herein.
2. License. Subject to the terms and conditions of this Agreement and City’s sole discretion, the City hereby grants to Permittee a one-time, revocable, non-exclusive license for the benefit of Permittee to enter and use the Exhibition Site from August __, 2023 through August __, 2023 (“Exhibition Period”) for the purpose of installing, displaying, and removing the Art Exhibit. City and its agents shall have access to the Exhibition Site at all times. Licensee agrees to inform the City in advance and obtain their prior written approval regarding the time period for which they intend to use the Exhibition Site during the Exhibition Period. The request should provide sufficient details regarding the purpose of usage and any specific requirements associated with the Exhibition Site. The City reserves the right to grant or deny approval at its sole discretion. Permittee is not authorized to use any City property or public right-of-way located outside of the Exhibition Site.
A. Invitees. All of Permittee’s invitees shall be subject to the same terms and conditions pertaining to the use of the Exhibition Site as the general public.
3. Limitations. All rights expressly granted to Permittee under this Agreement, which will be exercised at Permittee’s sole cost and expense, are subject to the prior and continuing right of the City under applicable laws to use all parts of the Exhibition Site and City Hall exclusively or concurrently with any other person or entity. Use of the Exhibition Site is further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the Exhibition Site. Nothing in this Agreement may be deemed to grant, convey, 371
65277.00001\41404170.1
create, or vest in Permittee a real property interest in personal or real property owned by City, including any fee, leasehold interest, or easement.
4. Permittee’s Responsibilities.
A. Transportation, Installation, and Maintenance. Transportation of the Art Exhibit to and from the Exhibition Site, installation, and maintenance shall be the sole responsibility of Permittee.
B. Repairs. Permittee shall maintain, or cause to be maintained, the Art Exhibit in first class condition and shall repair and/or replace, or cause to be repaired and/or replaced, any damage to the Art Exhibit immediately upon notice of such damage being discovered. All such maintenance, repair, replacement, and restoration shall be at the sole cost of Permittee, without any expectation of contribution or reimbursement by City.
C. Maintenance. During the entire term of this Agreement, Permittee shall maintain the Exhibition Site in a safe and clean condition. In the event Permittee fails to maintain the Exhibition Site in a safe and clean condition, Permittee agrees and understands that City may, at its option, repair said Exhibition Site.
D. Removal of Art Exhibit. If the Art Exhibit sells during the Exhibition Period, Permittee shall remain responsible for removal of Art Exhibit by the end of the Exhibition Period. If Permittee fails to remove the Art Exhibit from the Exhibition Site within fourteen (14) days of the termination of the Exhibition Period, the City will remove and dispose of Art Exhibit as necessary and Permittee will pay the reasonable cost for this removal.
E. Permits. Permittee shall be required to obtain any necessary permits and approvals from the City in connection to the Art Exhibit and to pay all fees and charges associated therewith prior to the Exhibition Period’s commencement.
F. Alterations. Permittee agrees that it shall not make, erect, or install any machines, signs, or other improvements at or near the Exhibition Site without the consent of the City. No changes or improvements may be made to the Exhibition Site without the prior written consent of the City prior to alteration. 372
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5. Prohibited Uses. Permittee shall not do or permit anything to be done in or about the Exhibition Site, or bring to or keep anything therein, which will in any way constitute a nuisance, affect fire or other insurance on the Exhibition Site, or which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy, use or safety of the Exhibition Site which is or may hereafter be enacted or promulgated by any public authority. Permittee shall not store any hazardous materials at or near the Exhibition Site.
A. Exclusive Use. The Exhibition Site shall be used only and exclusively for the purpose of installing, operating, displaying, and removing the Art Exhibit and for no other purpose whatsoever without the prior written consent of the City.
6. Termination. This Agreement may be terminated by City (i) upon a failure by Permittee to comply with the terms and conditions of this Agreement and, (ii) upon 1- day notice to Permittee, for any reason whatsoever. No additional instrument, consent or action by any Party shall be required to terminate this Agreement.
7. Assumption of Risk Regarding Condition of Exhibition Site. Permittee acknowledges that the Exhibition Site is in an AS-IS condition and neither City nor any agent or designee of City has made any representation or warranty with respect to the Exhibition Site or the condition of the Exhibition Site or any improvements located at or near the Exhibition Site. Entering onto the Exhibition Site by a Permittee’s invitee (i) shall be at the invitee's sole risk and the invitee acknowledges that the invitee has assumed the risk of entry upon the Exhibition Site for the invitee's person and property, and (ii) shall conclusively establish that the Exhibition Site was in satisfactory condition for its intended purpose.
8. Inspection. The proposed construction of any improvements at or near the Exhibition Site shall be subject to monitoring, inspection, and approval by the City. 373
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9. Donation. Permittee agrees to donate to the City twenty-five percent (25%) of all gross income earned from any sales made in connection with the Art Exhibit. This donation will be deemed a gift to the City. Within fourteen (14) following conclusion of the Exhibition Period, Permittee shall render to the City a detailed report of gross income for any sale made in connection with the Art Exhibit signed by Permittee or its authorized representative under penalty of perjury. Gross income shall include all income originating from the sales at the Art Exhibit whether via cash, credit or other payment method. In the event any attendees at the Art Exhibit contribute any amount in excess of the listed sales prices, Permitee shall render 100% of that amount to the City. Acceptance of the donation implies no reciprocal agreement of obligation to Permittee by the City. This obligation shall be binding on Permittee and its respective successors in interest.
10.Use of Donated Funds. The City agrees to use the donated funds to design, acquire and install signage directing those in the City of the evacuation routes ot be used in the case of emergency and to investigate (and construct/install) the possibility of extending Portuguese Bend Road in the City to connect to [INSERT ROAD]. Permittee recognizes that the extension of Portuguese Bend Road is contingent on numerous other factors outside of the City’s control, including that the City does not own the land necessary for this extension. Further, Permittee agrees and acknowledges that, after reasonable efforts by the City to explore the extension of Portuguese Bend Road, the extension is not feasible, the City may use any remaining donated funds for other efforts related to fire preparedness and disaster prevention/planning.
11.Records. Permittee shall maintain complete and accurate records with respect to all sales made in connection with the Art Exhibit. City shall have the right at any and all reasonable times to examine and audit said books, records, financial statements, and documentation, without restriction, for the purpose of determining the accuracy thereof and the accuracy of the report of gross income submitted. 374
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12.Reproduction Rights. Permittee hereby grants a royalty free license in perpetuity to City, its employees and its agents, to photograph, film, videotape, or otherwise depict the Art Exhibit at any time during the Exhibition Period and to use such photographs, film, videotapes, or depictions at any time thereafter for noncommercial purposes. Such reproduction and images which feature the Art Exhibit as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to Permittee. Reproduction and images of Art Exhibit in which the purpose of the reproduction or image is predominantly unrelated to the Art Exhibit shall not require reference to Permittee.
Permittee and his agents, heirs, successors, and assigns hereby waive any and all rights they may have against the City, and its employees, and its agents, under the California Art Preservation Act, as set forth in California Civil Code Section 987, and any similar laws, such as the Federal Visual Rights Act, if applicable. Permittee, his agents, heirs, successors and assigns also agree to attempt to defeat this waiver by cooperating with any other person or organization which seeks to bring an action under California Civil Code Section 989 or any similar law, if applicable.
13.Noise and Nuisances. Any excessive noise, disturbances, or other nuisances caused during the Art Exhibit that disrupt the peace, well-being, or enjoyment of neighboring properties or individuals shall be grounds for immediately terminating the event. The City reserves the right to take appropriate action to enforce compliance with this provision and seek any remedies available under the law if necessary.
14.Insurance. Prior to the Exhibition Period, Permittee shall provide evidence satisfactory to City that it has secured all insurance required under this Section.
Permittee shall not commence utilizing the Exhibition Site until it obtains policies of insurance required under this section.
A. Insurance Required. The insurance shall cover Permittee, its agents, representatives and employees in connection with the performance of work 375
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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. General Liability Insurance insuring City of Rolling Hills, its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Permittee’s actions under this Agreement, whether or not done by Permittee or anyone directly or indirectly employed by Permittee. Such insurance shall have a combined single limit of not less than $1,000,000.
iii. Worker’s Compensation Insurance, for all Permittee’s employees to the extent required by the State of California.
B. Deductibility Limits for policies referred to in subparagraphs A(i) and (ii) shall not exceed $5,000 per occurrence.
C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insured on policies referred to in subparagraphs A(i) and (ii).
D. Primary Insurance. The insurance required in paragraphs A(i) and (ii) shall be primary and not excess coverage.
E. Evidence of Insurance. Permittee shall furnish City, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give City at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of Permittee to procure or 376
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maintain said insurance in full force and effect shall constitute a material breach of this Agreement .
15.Indemnification. Permittee shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Permittee’s use of the Exhibition Site hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Permittee’s legal counsel unacceptable, then Permittee shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Permittee shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
16.Permittee’s Employees. Neither the City nor any of its agents shall have control over the conduct of the Permittee or any of Permittee’s employees, except as herein set forth. Permittee 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.
17.Compliance. Permittee agrees to comply with all Federal, State and local laws, regulations, ordinances, and rules. Permittee agrees that it will be solely responsible for any and all lawful taxes, fees and assessments relating to its use of the Exhibition Site and this Agreement.
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18.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 shall promptly inform the other Party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. 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
PERMITTEE: Don Crocker
14 Cinchring Road
Rolling Hills, CA, 90724
19.Miscellaneous.
A. Entire Agreement. This Agreement represents the entire Agreement between City and Permittee and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City or Permittee.
B. Construction of Agreement. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting hereof.
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C. Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties.
D. Governing Law. This Agreement is entered into in and shall be construed, interpreted, and applied in accordance with the laws of the State of California. Any litigation or arbitration regarding this Agreement shall be brought in Los Angeles County or conducted in Los Angeles County.
E. Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the parties hereto.
F. Attorneys’ Fees. In the event of any action or proceeding to enforce or construe any of the provisions of this Parking License, the prevailing party in any such action or proceeding shall be entitled to attorneys’ fees and costs.
G. Captions. The captions used herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or the intent of any section hereof.
H. Assignments. Permittee shall not voluntarily or by operation of law assign or transfer, all or any part of Permittee interest in this Agreement, without City’s prior written consent, which consent may be withheld by City in City’s sole and absolute discretion. Any attempted action described above without the prior written consent of City shall be void.
I. Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. Authority. Permittee has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
K. Counterparts. This Agreement may be executed in counterparts and when so executed by the Parties, shall become binding upon them and each such counterpart will be an original document.
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L. Severability. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, then the Parties agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement.
M. Waiver. No provision, requirement, default or breach of this Agreement shall be deemed waived by either Party except in writing.
N. Facsimile or Electronic Signatures. Signatures delivered by facsimile or electronically shall be binding as originals upon the Party so signing and delivering; provided, however, that original signature(s) of each party shall be required for each document to be recorded.
O. Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. [Signatures on Following Pages]
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CITY:
CITY OF ROLLING HILLS,
a chartered municipal corporation
By:
___________________________________
Title:__________________________________
Date:
__________________________________
PERMITTEE:
[Name]
By:
___________________________________
Date:
__________________________________
APPROVED AS TO FORM:
By:
___________________________________
Patrick Donegan
City Attorney for the City of Rolling Hills
381
65277.00001\41404170.1
EXHIBIT A
Description of Exhibition Site
382
Agenda Item No.: 15.B
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: CONSIDER A PROPOSAL FROM PALOS VERDES PENINSULA
TRANSIT AUTHORITY TO PROVIDE TRANSIT SERVICES FOR
ROLLING HILLS RESIDENTS; AND PROVIDE DIRECTION TO STAFF DATE: June 26, 2023
BACKGROUND:
Palos Verdes Peninsula Transit Authority (PVPTA) provides mass transit services for the Peninsula serving key locations such as civic centers, schools, libraries, and shopping centers.
The current Chairman of the Board of PVPTP is Rancho Palos Verdes Councilmember David Bradley. PVPTP Administrator is Martin Gombert. Mr. Gombert reached out to staff, on behalf of Chair Bradley to discuss the city's interest in joining PVPTA.
One service offered by the PVPTA is the dial-a-ride (DAR). The DAR service goes anywhere on the Palos Verdes Peninsula that has a Palos Verdes address. The DAR service goes off the Palos Verdes Peninsula for medical purposes only. The service goes to all hospitals, medical buildings, and doctor's office in the following areas: Torrance, Harbor City, San Pedro, and Redondo Beach (primarily South Bay Medical Center on Prospect).
Included with this report is the PVPTA information sheet on the DAR service.
DISCUSSION:
To join PVPTA, Mr. Gombert provided an estimate of the participation cost as follows:
Funding per person $20.56
Rolling Hills Population 1,684
Rolling Hills Contribution $34,616
The "funding per person" was derived from the contribution from three other Peninsula cities divided by the combined population from the three cities. 383
FISCAL IMPACT:
Proposition A was approved by Los Angeles County voters in November 1980. it is a halfcent sales tax dedicated to transportation funding and was the first of its kind to address transportation challenges in Los Angeles County.
The Proposition A expenditure plan includes three categories: 25% to Local Return Programs, 35% to rail development and 40% to discretionary.
The City of Rolling Hills Proposition A Local Returns is approximately $45,000 per fiscal year.
If the City Council desires to participate in PVPTA to provide DAR service to the residents of Rolling Hills, PVPTA would accept the transfer of Proposition A Local Returns in lieu of cash.
In January 2023, the City Council approved an exchange involving a transfer of $58,400 of Proposition A Local Returns to the City of Beverly Hills in exchange for $43,800 of General Fund to the City of Rolling Hills. The exchange is in progress and should be finalized via wire transfer before June 30, 2023.
Historically, the city has exchanged Proposition A Local Returns with interested agencies, including PVPTA for General Fund ($1 of Proposition A Local Returns to $0.75 General Fund).
Based on Mr. Gombert's estimate for cost to participate, there is sufficient Proposition A revenue to join PVPTA commencing July 1, 2023.
RECOMMENDATION:
Consider proposal and provide direction to staff.
ATTACHMENTS:
route_map_2021.jpg
dial_a_ride_information_registration-2015.pdf
384
385
PALOS VERDES
ESTATES
ROLLING
HILLS
ESTATES
RANCHO
PALOS VERDES
ROLLING
HILLS
SAN PEDRO
LOMITA
REDONDO
BEACH
TORRANCE
LEGEND
$6 (one-way) Anywhere ON the Peninsula
$12 (round-trip)
$12 (one-way) to Off-Peninsula Medical Facilities
$24 (round-trip)
ON
OFF
For service 24 hours per day
7 days per week
Call Toll Free
(800) 400-2924
Torrance
Memorial
Medical
Center
Kaiser Permanente
Med. Ctr.
Providence
Little Company
of Mary
Hospital
Little Company of
Mary Hospital
South
Bay
Hospital
Western Ave.
25th Street
25th Street
I-110
( Harbor Freeway)
Pacific Coast Highway
190th Street
Lomita Blvd
Torrance Blvd
Serving
Seniors and Residents with disabilities in Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills Estates and unincorporated Peninsula areas of Los Angeles County.
386
areas only: Torrance, Harbor City, San Pedro,
Lomita and Redondo Beach (primarily South
Bay Medical Center on Prospect Avenue).
Dial-A-Ride/Dial-A-Lift service operates 24
hours a day, seven days a week.
After you have received your membership
confirmation and membership materials, you can
now call for service. The Taxi Company phone
number is located on the back of your TaxiCard
and is: 1-800-400-2924. Identify yourself as a
Palos Verdes Dial-A-Ride or Dial-A-Lift member
and request service. You may also request a
return ride at the same time, or simply call the
800 number again when you are ready to return.
Passengers may have to wait 15-20 minutes for a
ride. Caretakers and/or escorts ride for free!
REMINDER: One cannot travel between more
than one point off the Palos Verdes Peninsula
without returning to the original pick-up point in
Palos Verdes, most commonly the members home
address. If you do request an additional ride to
the driver, it will be the members responsibility
to personally pay for this portion of your trip. The
driver cannot accept your TaxiCard for this extra
added on service.
PLEASE REMEMBER:Your rides are prepaid!Never
pay the Taxi driver cash for your ride except for tip.
The Taxi driver only needs to swipe your TaxiCard
once regardless of poor transmission on a given
day, or due to the Palos Verdes terrain. The Taxi
transmission will go into the Taxi memory to be
retrieved after leaving the area!
The registration fee is $10
• When registering, and at the same time, you
purchase rides for $6.00 each, payable by
check, or Visa/Master Card in the PVPTA
office only. A four (4) ride minimum applies
to all new members.
• You will be issued a TaxiCard and your
purchased trips will be electronically applied
to this card. Your rides never expire!
• A maximum of tweny-four rides can be
purchased during a one month period. If you
should need additional rides for medical reasons
only, contact us – we will work with you!
Trips ON the Palos Verdes Peninsula:
• One ride fare is required for a one-way trip
within the Palos Verdes Peninsula.
• Two ride fares are required for a round trip
within the Palos Verdes Peninsula.
Trips OFF the Palos Verdes Peninsula are
for medical purposes only into surrounding
communities and back again (see Service Area
below) and the ride fares are double as follows:
• Two ride fares are required for a one-way trip
andfourride fares are requiredfor a roundtrip.
Dial-A-Ride and Dial-A-Lift services are
provided ON the Palos Verdes Peninsula for any
trip purpose.
Dial-A-Ride and Dial-A-Lift service goes OFF
the Palos Verdes Peninsula for medical purposes
only. The service goes to all hospitals, medical
buildings, and doctor’s offices in the following
This transportation service is a convenient way
to travel around the Palos Verdes Peninsula
area. Taxi cabs and ramp vans for the disabled
are used to transport passengers on the Palos
Verdes Peninsula and surrounding areas.
(Refer to the Service Area)
The Palos Verdes Peninsula Transit Authority
(PVPTA) is an agency consisting of the cities
of Rancho Palos Verdes, Palos Verdes Estates,
and Rolling Hills Estates. These member cities
and Los Angeles County fund the Dial- A-Ride
/Dial-A-Lift services.
Palos Verdes Peninsula residents who are
seniors (62+) or disabled, are eligible to become
members of this program and use the service. If
you are under 62 years of age, you must complete
a Physician’s Verification Form provided by the
PVPTA office.
Before you can ride, you must register for
membership and purchase rides by mail, or at
the PV Transit office located at:
38 Crest Rd. West, Rolling Hills, CA 90274.
Membership takes approximately 5-10 days.
ow do I register for the program?
What Is the PV Transit
Dial- A-Ride/ Dial- A-Lift Program?
ho is eligble for this program?
ow much does it cost?
ervice area
ours of service
ow to use the service
H ow is the service financed?
W
H
H
S
H
H
387
Wheelchair bound
Wheelchair folds
to ride in car
Cane / Crutches
Walker
Ambulatory
NOTE:
To avoid your registration form being returned back to you, please enclose your personal check for payment along with your COMPLETED form
PV TRANSIT
P.O. Box 2656
Palos Verdes Peninsula, CA 90274-7109
Tel: (310) 544-7108 Fax (310) 544-7109
_________________________________________ ______
Last Name First Name M.I.
_____________________________________ __________
Street Address City Zip
Telephone No. ( ) ________________________________
Cell Phone No. ( ) ________________________________
Age_______ Birthdate__________/___________/___________
PERSON TO CALL IN CASE OF EMERGENCY:
Name_________________________________________________
Relationship ___________________________________________ Telephone No. ( ) _______________________________
For PVPYA USE ONLY:
DAR/DAL REG:# ________________________________
TaxiCard # __________________________________
PLEASE CHECK ALL THE APPLICABLE BOXES BELOW:
SPECIAL INSTRUCTIONS
_________________________________________________
_________________________________________________
_________________________________________________
Hearing Impaired
Visually Impaired
Alzheimer’s Disease
Travels with Caretaker
Disabled
Age under 62 years
388
receive your new Taxi Swipe Card
within 5-10 business days.
You always know how many trips
389
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Agenda Item No.: 16.A
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: PERSONNEL PURSUANT TO GOVERNMENT CODE SECTION (B) 54957
THE CITY COUNCIL MAY MEET IN CLOSED SESSION TO CONSIDER THE APPOINTMENT/EMPLOYMENT OF A PUBLIC EMPLOYEE. (CITY
MANAGER)
DATE: June 26, 2023
BACKGROUND:
None
DISCUSSION:
None
FISCAL IMPACT:
None
RECOMMENDATION:
None.
ATTACHMENTS:
391