Rolling Hills City Council
June 26, 2023

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS

4.A. MAYOR'S PRESENTATION RECOGNIZING CITY MANAGER ELAINE JENG

FOR HER YEARS OF SERVICE TO THE CITY OF ROLLING HILLS
RECOMMENDATION: Present certificate and plaque of recognition.

5. APPROVE ORDER OF THE AGENDA
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.

6. BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

6.A. FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL

MEETING
RECOMMENDATION: Approved

7. PUBLIC COMMENT ON NON-AGENDA ITEMS
This is the appropriate time for members of the public to make comments regarding itemsnot listed on this agenda.

Pursuant to the Brown Act, no action will take place on any items not on the agenda. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting

CITY COUNCIL
Monday, June 26, 2023

CITY OF ROLLING HILLS
7:00 PM
The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website.

Both the agenda and the live-streamed video can be found here:
https://www.rolling-hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at [email protected].

Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published.

Recordings to City Council meetings can be found here: https://www.rolling-hills.org/government/agenda/index.php Next Resolution No. 1341 Next Ordinance No. 384
CL_AGN_230626_CC_BlueFolderItem_14A.pdf
1 8. CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion.

8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 26, 2023
RECOMMENDATION: Approve.

8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER

READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
RECOMMENDATION: Approve.

8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 12, 2023 RECOMMENDATION: Approve as presented.

8.D. PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.

8.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY 2023 RECOMMENDATION: Receive and file.

8.F. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HQE SYSTEMS INC. FOR INSTALLATION OF AN EMERGENCY OUTDOOR SIREN SYSTEM IN AN AMOUNT NOT TO EXCEED $261,000, AUTHORIZE THE CITY MANGER TO

EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: Approve as presented.

8.G. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ENERGY

SOLUTIONS COMPANY SITELOGIQ AS AN ALTERNATIVE APPROACH TO

IMPLEMENT THE CITY HALL CAMPUS BACKUP POWER PROJECT IN AN AMOUNT NOT TO EXCEED $28,500, AUTHORIZE THE CITY MANGER TO

EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: Approve as presented.

8.H. DIRECT STAFF TO PREPARE A SECOND AMENDMENT TO THE LEASE

AGREEMENT WITH THE ROLLING HILLS COMMUNITY ASSOCIATION TO MAINTAIN THE CURRENT LEASE AMOUNT OF $5,749.25 PER MONTH RECOMMENDATION: Approve as presented.

CL_AGN_230626_CC_AffidavitofPosting.pdf
CL_MIN_230612_CC_F.pdf
CL_AGN_230626_CC_PaymentOfBills.pdf
VC_REP_230619_May_YTD_TonnageReport.pdf
CA_AGR_230626_HQE_SirenInstallation_F.pdf
CA_AGR_230626_SiteLogiQ_F.pdf
RHCA 2018-2028_SignedAgreement.pdf
2 8.I. ADOPT RESOLUTION NO. 1338 SETTING THE RATE FOR REFUSE SERVICES IN THE CITY AT $1,432.11 PER PARCEL AND FINDING THE SAME EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: Approve as presented.

8.J. RECEIVE AND FILE CAPITAL IMPROVEMENT PROJECT ASSIGNMENTS FOR FISCAL YEAR 2023-2024
RECOMMENDATION: Receive and file.

8.K. APPROVE CONTINUING WITH ALAN PALERMO CONSULTING FOR PROJECT MANAGEMENT SERVICES DURING FISCAL YEAR 2023-2024 AND DIRECT

STAFF TO PREPARE A FOURTH AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT
RECOMMENDATION: Approve as presented.

8.L. RECEIVE AND FILE AN EMAIL FROM GREG AND ADRIANA POPOVICH

REGARDING THE PROFESSIONALISM OF EC CONSTRUCTION DURING THE

MIDDLERIDGE LANE DRAINAGE SYSTEM CONSTRUCTION PROJECTS
RECOMMENDATION: Receive and file.

9. EXCLUDED CONSENT CALENDAR ITEMS

10. COMMISSION ITEMS

11. PUBLIC HEARINGS

11.A. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1339 ADOPTING THE FISCAL YEAR 2023/2024 BUDGET AND RESOLUTION NO. 1340 ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR THE CITY

OF ROLLING HILLS
RECOMMENDATION: Approve as presented.

12. OLD BUSINESS

12.A. APPROVE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 TO ADDRESS THE UTILITY CONFLICT IDENTIFIED IN THE DOWNSTREAM SEWER MAIN AS A PART OF THE 8" SEWER MAIN LINE ALONG PORTUGUESE BEND ROAD/ROLLING HILLS PROJECT.

RECOMMENDATION: Approve as presented.

CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf
ResolutionNo1338_ActualRateForRefuseServices_2023.pdf
CA_AGR_APC_Amend4_2023-2024 City of Rolling Hills RH004R1.pdf CL_AGN_230626_CC_PopovichEmail_ECC_Redacted.pdf
CL_AGN_230626_CC_GeneralFund_BudgetSources_UsesOfFunds.pdf CL_AGN_230626_CC_FY2023-24_GeneralFundRevenues.pdf
CL_AGN_230626_CC_FY2023-24_GeneralFund_BudgetedExpenditures.pdf CL_AGN_230626_CC_FY2023-24_ProposedBudget_OtherFunds.pdf ResolutionNo1339_FY2023-24_AdoptedBudget.pdf
ResolutionNo1340_FY 23-24_AppropLimit.pdf
3 12.B. APPROVE TENNIS COURTS ADA IMPROVEMENT PROJECT DESIGN; AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS; AND

APPROVE LANDSCAPING DESIGN FOR THE TENNIS COURTS
RECOMMENDATION: Approve as presented.

12.C. APPROVE CITY HALL ADA IMPROVEMENT PROJECT DESIGN AND

AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS
RECOMMENDATION: Approve as presented.

13. NEW BUSINESS

13.A. 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
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.

13.B. 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
RECOMMENDATION: Provide direction to staff.

14. MATTERS FROM THE CITY COUNCIL

14.A. DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG)

MEMBERSHIP DUES (MAYOR WILSON)
RECOMMENDATION: Receive a report from Mayor Pat Wilson and provide direction to staff.

14.B. RECEIVE AND FILE INFORMATION ON THE PALOS VERDES ESTATES CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf
CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5_E.pdf NV5_City of Rolling Hills_Sewer Main Torrance Additions_06.20.2023R.pdf 011917 L-1.pdf
2023-06-16 Tennis Court ADA Letter of Approval & Permit.pdf GR2301100001 Agency Referral.pdf
GR2301100001 ESCP Review Sheet 1.pdf
GR2301100001 Grading Review Sheet 1.pdf
20230410_RH_PC_cost estimate.pdf
383_FireCodeOrdinance_D.pdf
CL_AGN_230626_CC_RedlineVersion_Chapter15.20.pdf
CL_AGN_230626_CC_LACounty_FireCodeTitle32Letter_051123.pdf CL_AGN_230626_CC_GuidanceSuggestedModelOrdinance_LACFireCode2023Edition_042723.pdf CL_AGN_230626_CC_SBCCOG_FY23-24_DuesInvoice.pdf
4 FOUNDATION; AND DISCUSS ESTABLISHING A SIMILAR FOUNDATION FOR

ROLLING HILLS (MAYOR PRO TEM MIRSCH)
RECOMMENDATION: Receive and file a report by Mayor Pro Tem Leah Mirsch and discuss.

14.C. 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)
RECOMMENDATION: Review provision and provide direction to staff.

14.D. RECEIVE AND FILE A VERBAL REPORT FROM THE DRAINAGE AD HOC

COMMITTEE (MAYOR PRO TEM LEAH MIRSCH AND COUNCILMEMBER JEFF

PIEPER)
RECOMMENDATION: Receive and file.

15. MATTERS FROM STAFF

15.A. 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
RECOMMENDATION: Approve as presented.

15.B. CONSIDER A PROPOSAL FROM PALOS VERDES PENINSULA TRANSIT

AUTHORITY TO PROVIDE TRANSIT SERVICES FOR ROLLING HILLS RESIDENTS; AND PROVIDE DIRECTION TO STAFF
RECOMMENDATION: Consider proposal and provide direction to staff.

16. RECESS TO CLOSED SESSION

16.A. 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) RECOMMENDATION: None.

17. RECONVENE TO OPEN SESSION

18. ADJOURNMENT
Next regular meeting: Monday, July 10, 2023 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.

CL_AGN_230626_CC_Foundation_Prelim_Report.pdf
CL_AGN_230626_CC_CivilianOversightCommission_Recommendations_DeputyGangsReport_3.2.2023 CL_AGN_230626_CC_ALADS_DraftLetterForCitiesOpposing_COC_RotationRec.pdf CA_AGR_230626_ DonCrocker_ArtExhibit_MonetaryDonation_Draft.pdf route_map_2021.jpg
dial_a_ride_information_registration-2015.pdf
5 Notice:

Public Comment is welcome on any item prior to City Council action on the item.

Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 6 Agenda Item No.: 4.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: MAYOR'S PRESENTATION RECOGNIZING CITY MANAGER ELAINE

JENG FOR HER YEARS OF SERVICE TO THE CITY OF ROLLING
HILLS
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Present certificate and plaque of recognition.

ATTACHMENTS:
7 Agenda Item No.: 6.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: FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL

MEETING
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approved.

ATTACHMENTS:

CL_AGN_230626_CC_BlueFolderItem_14A.pdf
8 BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

CITY COUNCIL MEETING
June 26, 2023

14.A DISCUSS SOUTHBAY CITIES COUNCIL OF GOVERNMENT (SBCCOG)

MEMBERSHIP DUES (MAYOR WILSON)
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY

MANAGER
CL_AGN_230626_CC_SBCCOG_FY23-24_DuesInvoice.pdf
9 Agenda Item No.: 8.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: APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 26, 2023
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve.

ATTACHMENTS:

CL_AGN_230626_CC_AffidavitofPosting.pdf
10 Administrative Report

8.A., File # 1861 Meeting Date: 06/26/2023
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 26, 2023

EXECUTIVE SUMMARY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF ROLLING HILLS )

AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.

Legislative Body City Council
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window
City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time JUNE 26, 2023 7:00pm Open Session
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below.

Christian Horvath, City Clerk
Date: June 23, 2023
11 Agenda Item No.: 8.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: APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER

READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve.

ATTACHMENTS:
12 Agenda Item No.: 8.C
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: APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JUNE 12 , 2023 DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CL_MIN_230612_CC_F.pdf
13 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

Minutes
Rolling Hills City Council
Monday, June 12, 2023
Regular Meeting 7:00 p.m.

1. CALL TO ORDER
The City Council of the City of Rolling Hills met in person on the above date at 7:01 p.m. Mayor Wilson presiding.

2. ROLL CALL
Councilmembers Present: Black, Dieringer Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: None
Staff Present: Elaine Jeng, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager Robert Samario, Finance Director
Pat Donegan, City Attorney

3. PLEDGE OF ALLEGIANCE – Councilmember Dieringer

4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE

5. APPROVE ORDER OF THE AGENDA
Staff pulled Items 11D and 14A.

Motion by Councilmember Pieper, seconded by Councilmember Black to approve the order of the agenda as follows, Items 1-11C, 12F, 13A, 14B and then the remainder of items in regular order. Motion carried unanimously with the following vote:

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

6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE

7. PUBLIC COMMENT ON NON-AGENDA ITEMS
Public Comment: Arlene Honbo, Roger Hawkins

8. CONSENT CALENDAR

8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 12, 2023

8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL

ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA

8.C. PULLED BY COUNCILMEMBER DIERINGER

8.D. PAYMENT OF BILLS
14 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

8.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR APRIL 2023

8.F. APPROVE AN AMENDED AGREEMENT WITH MCGOWAN CONSULTING FOR SERVICES

RELATING TO STORMWATER MANDATE COMPLIANCE

8.G. APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

LSL, LLC TO PROVIDE FINANCIAL AUDIT SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2023 FOR AN AMOUNT NOT-TO-EXCEED $31,400

8.H. RECEIVE AND FILE A REPORT FROM THE MAY 23, 2023 SOLID WASTE AND RECYCLING

COMMITTEE

8.I. RECEIVE AND FILE AN UPDATE ON TENNIS COURTS ADA IMPROVEMENT PROJECT

8.J. RECEIVE AND FILE A STATUS TO AMEND THE WIRELESS COMMUNICATION FACILITIES

ORDINANCE
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to approve Consent Calendar minus Item 8C. Motion carried unanimously with the following vote:

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

9. EXCLUDED CONSENT CALENDAR ITEMS

8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 22, 2023 Motion by Councilmember Dieringer, seconded by Councilmember Black to approve with modification of language in Item 12B stating that the Council took no position. Motion carried unanimously with the following vote:

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

10. COMMISSION ITEMS – NONE

11. OLD BUSINESS

11.A. RECEIVE AN UPDATED SOUND PROPOGATION REPORT FROM HQE SYSTEMS INC., AND DIRECT STAFF TO ENGAGE HQE SYSTEM INC. TO INSTALL THE PROPOSED OUTDOOR

SIREN SYSTEM FOR THE CITY OF ROLLING HILLS
Presentation by City Manager Elaine Jeng
HQE representatives Dan Rogers, Charles West, Qais Alkurdi, Jaime Warner Public Comment: Arlene Honbo, Judith Haenel
Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried unanimously with the following vote:
15 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Motion by Councilmember Dieringer, seconded by Councilmember Black to defer consideration until August after the Peninsula Public Safety Committee meeting. Motion failed with no Aye votes:

AYES: None
NOES: None
ABSENT: None
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch directing staff to move forward with the proposed siren installation using the intelligible voice system.

Councilmember Dieringer made a friendly amendment to get more information about the integration with Zonehaven. Councilmember Pieper did not accept the friendly amendment.

Motion carried with the following vote:

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

11.B. CONSIDER THE LETTER OF AGREEMENT (LOA) FROM ENERGY SOLUTIONS COMPANY

SITELOGIQ AS AN ALTERNATIVE APPROACH TO IMPLEMENT THE CITY HALL CAMPUS

BACKUP POWER PROJECT AND DIRECT STAFF TO DRAFT A PROFESSIONAL SERVICES

AGREEMENT WITH SITELOGIQ FOR SERVICES
Presentation by City Manager Elaine Jeng
SiteLogiQ representatives Josh Steeber, Jonathan Brown
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to move forward with the Letter of Intent for the service agreement at $28,500. Motion carried with the following vote:

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

11.C. APPROVE A WITHDRAWAL FROM REQUEST FOR TIME SCHEDULE ORDER FOR MACHADO

LAKE TOTAL MAXIMUM DAILY LOADS FROM LOS ANGELES REGIONAL WATER QUALITY

CONTROL BOARD
Presentation by City Manager Elaine Jeng
Kathleen McGowan, Consultant
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve as presented. Motion carried unanimously with the following vote:

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

11.D. PULLED BY STAFF
16 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

Mayor Wilson moved to Item 12F.

12. NEW BUSINESS

12.F. FINAL RECOMMENDED BUDGET FOR FISCAL YEAR 2023/24
Presentation by Finance Director Robert Samario
Mayor Wilson moved to Item 13A.

13. PUBLIC HEARINGS

13.A PUBLIC HEARING REGARDING POTENTIAL INCREASE TO REFUSE RATES FOR FISCAL YEAR 2023/24
Mayor Wilson introduced the Public Hearing and process that would be followed.

Presentation by City Attorney Patrick Donegan
A final request was made for written protests. The City Clerk reported the total written protests received as eight (8.) The protests did not reach the majority threshold necessary of 376.

Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to approve setting the ceiling using the rate in the attached Resolution at $1432.11 per parcel and setting the rate per parcel at that same amount thereby discontinuing the subsidy. Motion carried with the following vote:

AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
Mayor Wilson moved back to Item 12F for action.

12. NEW BUSINESS

12.F. FINAL RECOMMENDED BUDGET FOR FISCAL YEAR 2023/24
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve the recommended budget decision points less the $20,000 for additional Finance Department needs. Motion carried unanimously with the following vote:

AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Wilson moved back to Item 14B.

14. MATTERS FROM STAFF

14.B. DISCUSS REQUEST FOR SMALL GIFTS FOR THE DINNER TO INSTALL LEAGUE OF

CALIFORNIA CITIES LOS ANGELES DIVISION INCOMING PRESIDENT COUNCILMEMBER

BEA DIERINGER (MAYOR WILSON)
Presentation by City Manager Elaine Jeng
17 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

Motion by Councilmember Black, seconded by Councilmember Pieper to donate existing inventory of Rolling Hills glass dishes as gifts for the Cal Cities Installation Dinner. Motion carried unanimously with the following vote:

AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Wilson moved back to Item 12A.

12. NEW BUSINESS

12.A. ACCEPT EMERGENCY STORM DRAIN REPAIRS AND LINING AT OR NEAR 1 MIDDLERIDGE LANE SOUTH TO 3 MIDDLERIDGE LANE NORTH AS COMPLETE, FILE NOTICE OF

COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO EC CONSTRUCTION
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Pieper, seconded by Councilmember Black to approve as presented. Motion carried unanimously with the following vote:

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

12.B. ACCEPT THE DEMOLITION PACKAGE FOR: STANDBY GENERATOR REMOVAL, WATERPROOF REMOVAL, & ELECTRICAL SERVICES PROJECT #2023-02 AS COMPLETE,

DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE, AND RELEASE RETENTION AFTER 30 DAY LIEN PERIOD TO

UNLIMITED ENVIRONMENTAL, INC
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Dieringer, seconded by Councilmember Pieper to approve as presented. Motion carried unanimously with the following vote:

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

12.C. CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT TO BENNETT

LANDSCAPE FOR REPLACEMENT OF THE THREE RAIL FENCE ALONG PORTUGUESE BEND ROAD BRIDLE TRAIL ADJACENT TO CITY HALL; ADOPT BY RESOLUTION NO. 1336 AUTHORIZING A BUDGET MODIFICATION OF $26,724.50; DIRECT THE CITY ATTORNEY TO FINALIZE A CONSTRUCTION CONTRACT; AUTHORIZE THE CITY MANAGER TO EXECUTE;

AND FIND THE SAME EXEMPT FROM CEQA
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Melissa McNabb
18 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

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

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

12.D. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DCA CIVIL ENGINEERING GROUP TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE 20C PORTION OF THE CREST

ROAD EAST FIRE PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $40,536 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4344-526- 112R, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Dieringer, seconded by Councilmember Pieper to approve as presented. Motion carried unanimously with the following vote:

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

12.E. RECEIVE A REPORT ON THE MAY 25, 2023 TRAFFIC COMMISSION MEETING AND PROVIDE

DIRECTION TO STAFF
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Traffic Engineer Vanessa Munoz
Public Comment: Judith Haenel
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote:

AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to add back the supplemental traffic enforcement to the budget. Motion carried with the following vote:

AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to install four speed limits signs and replace one sign per the traffic engineer’s recommendation. Motion carried unanimously with the following vote:

AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
19 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

Motion by Councilmember Pieper, seconded by Councilmember Dieringer to follow the Traffic Commission recommendation of not installing guardrails on Outrider Road. Motion carried unanimously with the following vote:

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

12.G. RECEIVE AND FILE A REPORT FROM THE AD HOC FIRE FUEL COMMITTEE ON THE JUNE 6, 2023 MEETING; AND PROVIDE DIRECTION TO STAFF
Presentation by Mayor Pro Tem Mirsch and Councilmember Dieringer Public Comment: Melissa McNabb
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file and direct committee to continue. Motion carried unanimously with the following vote:

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

12.H. CONSIDER AND APPROVE CONTRACT CHANGE ORDER 03 WITH AC PROS TO RESOLVE

ISSUES WITH THE EXISTING ELECTRICAL PANEL AND GROUND REQUIRED BY THE

BUILDING INSPECTOR AS PART OF THE CITY HALL HEATING, VENTILATION, AIR CONDITIONING (HVAC) PROJECT 2023-01
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Pieper, seconded by Councilmember Dieringer to approve as presented. Motion carried unanimously with the following vote:

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

14. MATTERS FROM THE CITY COUNCIL

14.C. A RECEPTION FOR OUTGOING CITY MANAGER ELAINE JENG ON JUNE 26, 2023 AT 5PM (MAYOR PRO TEM MIRSCH)
Presentation by Mayor Pro Tem Mirsch
Public Comment: Melissa McNabb
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to host a reception on June 26, 2023 at 5 p.m. Motion carried unanimously with the following vote:

AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
20 MINUTES – CITY COUNCIL MEETING
Monday, June 12, 2023

15. MATTERS FROM STAFF
City Manager Elaine Jeng announced that Planning & Community Services Director John Signo was absent this evening due to illness.

16. RECESS TO CLOSED SESSION – 10:31 P.M.

Public Comment: Dustin McNabb

16.A. CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATIONGOVERNMENT CODE SECTION 54956.9(D)(2)THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL

COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION.NUMBER OF POTENTIAL CASES:1(THREATENED LITIGATION BY A PROPERTY OWNER REGARDING TITLE PROPERTY ISSUES RELATED TO 11 QUAIL RIDGE

ROAD SOUTH BASED ON PAST ACTIONS UNDER THE THEN APPLICABLE CITY VIEW

ORDINANCE)

16.B. 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)

17. RECONVENE TO OPEN SESSION – 11:58 P.M.

18. ADJOURNMENT: 11:58 P.M.

The meeting was adjourned at 11:58 p.m on June 12, 2023 in memory of Ian McCloud and Richard Horvath.

The next regular adjourned meeting of the City Council is scheduled to be held on Monday, June 26, 2023 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rollinghills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website.

Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Patrick Wilson, Mayor
21 Agenda Item No.: 8.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: PAYMENT OF BILLS
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CL_AGN_230626_CC_PaymentOfBills.pdf
22 Check Run 06/22/2023
Check No. Check Date Payee Description Amount
028220 6/22/2023 4Leaf, Inc. Code Enforcement 5,153.75
028221 6/22/2023 AC Pros AC Pros-Hvac replacement Payment 01 157,770.87 028222 6/22/2023 Best Best & Krieger LLP General Services 13,053.00 6/22/2023 Best Best & Krieger LLP Land Use-Legal 2,318.00 Check Total 15,371.00
028223 6/22/2023 Bolton Engineering Corporation Tennis Court ADA revisions 4,000.00 028224 6/22/2023 CalPERS CalPERS Retirement Payroll Ending 05 30 2023 Retro 230.53 028225 6/22/2023 Christian Horvath Horvath Auto Mileage 68.21 028226 6/22/2023 Cox Communications Cox-June 2023 158.33 028227 6/22/2023 Southern California News Group Daily Breeze Public Hearing Notice FY23-24 Budget 289.41 6/22/2023 Southern California News Group Daily Breeze Public Hearing Notice Refuse Assesment 510.07 Check Total 799.48
028228 6/22/2023 Elaine Jeng Meeting & Conference Expenses 398.67 028229 6/22/2023 Ellis Environmental Management Inc. Ellis Environmental-Hvac Project Monitoring 2,567.50 028230 6/22/2023 County of Los Angeles LA County Agric Comm WTS&Meas & Pest Control 533.32 028231 6/22/2023 LA County Sheriff's Department LA County Sheriff Dept 31,092.99 028232 6/22/2023 League of California Cities Cal Cities LA County Division Dues 23/24 924.00 028233 6/22/2023 MNS ENGINEERS, INC Grant Writer for Vegetation Management Hazard Mit Grant Prog 5,080.00 028234 6/22/2023 NV5, INC. Sepulveda Monitoring for Stormwater Compliance 617.50 028235 6/22/2023 Onward Engineering Onward Eng-Inspection Services 5,675.00 028236 6/22/2023 Orkin Pest Control May 2023 158.00
028237 6/22/2023 Pitney Bowes Pitney Bowes June 2023 2,520.00 028238 6/22/2023 Palos Verdes Peninsula Unified School PVPUSD-School SecurityOfficer Cost Share Q1 543.45 028239 6/22/2023 PVS, Inc. Security System June 2023 360.00 6/22/2023 PVS, Inc. Valley Alarm replacement of Fire Alarm Panel Battery 190.00 028240 6/22/2023 Republic Services Republic Services Service Jan-Jun 23 472,088.28 028241 6/22/2023 Southern California Edison Electricity Usage 4-21-23 to 5-21-23 1,187.82 028242 6/22/2023 Texas Child Support SDU PR Deduction 06-30-23 163.15 028243 6/22/2023 Women's Community Club of Rolling Hills WCCRH Egghunt and Neighborhood Meeting 199.24 028244 6/22/2023 Willdan Inc. Building Plan Check 867.50 6/22/2023 Willdan Inc. Traffic Engineer 1,621.00

CITY OF ROLLING HILLS
AP23-029, AP23-029a & ACH 23-053
23 Check No. Check Date Payee Description Amount
Check Total 2,488.50
028245 6/23/2023 Christian Horvath Horvath Mileage 1/23-6/23 360.91 6/23/2023 Christian Horvath Horvath-Costco Office Supply Purchase 60.46 Check Total 421.37
ACH-246 6/14/2023 California Water Service Co. Water Usage from 04-28-23 to 05-25-23 519.04 ACH-247 6/14/2023 California Water Service Co. Water usage 04-28-23 to 05-25-23 950.60 ACH-248 6/15/2023 CalPERS PERS Retirement PR Ending 05/30/23 3,165.80 ACH-249 6/2/2023 Vantagepoint Transfer Agents - 306580 Deferred Comp. PR Ending 05/30/23 1,567.40 ACH-250 6/2/2023 CalPERS PERS Health June 2023 10,405.10 PR LINK 6/16/2023 PR LINK - Payroll & PR Taxes PR#12 Payroll Processing Fee PR#12 05/31/2023 - 06/13/2023 56.36 PR LINK 6/16/2023 PR LINK - Payroll & PR Taxes PR#12 Pay Period - PR#12 05-31-2023 - 06-13-2023 25,131.64 Report Total 771,637.25
$ 771,637.25 for the payment of above items.

Elaine Jeng, P.E., City Manager
I, Elaine Jeng, City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of
24 Agenda Item No.: 8.E
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: REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR MAY 2023
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:

VC_REP_230619_May_YTD_TonnageReport.pdf
25 Year 2023
Franchise Y/N Y
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Greenwaste 75.94 75.94 - 100.00%
Greenwaste - Free Residential Roll Off Bin 4.76 4.76 - 100.00% Trash 180.77 - 180.77 0.00%
Jan Total 261.47 80.70 180.77 30.86%
Feb Greenwaste 84.50 84.50 - 100.00%
Greenwaste - Free Residential Roll Off Bin 11.62 11.62 - 100.00% Trash 133.45 - 133.45 0.00%
Feb Total 229.57 96.12 133.45 41.87%
Mar Greenwaste 135.07 135.07 - 100.00%
Greenwaste - Free Residential Roll Off Bin 4.62 4.62 - 100.00% Trash 185.99 - 185.99 0.00%
Mar Total 325.68 139.69 185.99 42.89%
Apr Greenwaste 105.00 105.00 - 100.00%
Trash 153.22 - 153.22 0.00%
Trash - Free Residential Roll Off Bin 1.39 - 1.39 0.00% Apr Total 259.61 105.00 154.61 40.45%
May Greenwaste 103.43 103.43 - 100.00%
Greenwaste - Free Residential Roll Off Bin 1.42 1.42 - 100.00% Recycle 1.17 0.40 0.77 33.79%
Trash 191.15 - 191.15 0.00%
May Total 297.17 105.25 191.92 35.42%
Grand Total 1,373.50 526.76 846.74 38.35%

CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2023

26 Year 2023
Franchise Y/N N
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan Recycle 0.41 0.19 0.21 47.92%
Trash 68.77 - 68.77 0.00%
Organics 0.03 0.01 0.02 20.85%
Jan Total 69.20 0.20 69.00 0.29%
Feb Recycle 0.15 0.07 0.08 47.28%
Trash 84.23 - 84.23 0.00%
Organics 0.16 0.07 0.09 42.47%
Feb Total 84.54 0.14 84.40 0.17%
Mar Recycle 0.19 0.07 0.13 35.00%
Trash 46.39 - 46.39 0.00%
Organics 0.20 0.14 0.06 69.23%
Mar Total 46.78 0.21 46.58 0.44%
Apr Recycle 0.15 0.05 0.10 35.94%
Trash 166.55 - 166.55 0.00%
Organics 0.10 0.07 0.03 69.22%
Apr Total 166.80 0.12 166.68 0.07%
May Greenwaste 2.94 2.94 - 100.00%
Recycle 0.26 0.09 0.17 33.79%
Trash 101.93 - 101.93 0.00%
Organics 0.07 0.04 0.03 60.37%
May Total 105.20 3.07 102.13 2.92%
Grand Total 472.53 3.74 468.79 0.79%

CITY OF ROLLING HILLS NON-FRANCHISE
2023

27 Agenda Item No.: 8.F
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HQE SYSTEMS INC. FOR INSTALLATION OF AN EMERGENCY OUTDOOR
SIREN SYSTEM IN AN AMOUNT NOT TO EXCEED $261,000,

AUTHORIZE THE CITY MANGER TO EXECUTE THE AGREEMENT

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
DATE: June 26, 2023
BACKGROUND:

In Fiscal Years 19/20 and 20/21, the City Council provided funding for the Block Captain Program to investigate communication platforms in the event of complete power failure in the community. The Block Captains and staff used funds to purchase two-way radios and when the handheld radio option proved to be ineffective, a Request for Proposal (RFP) was issued in February 2021 to solicit proposals on other communication systems. The City received one proposal from HQE Systems, Inc. (HQE).

On April 26, 2021, staff recommended that the City Council engage the services of HQE.

At the January 10, 2022, City Council meeting staff presented the final Feasibility Study and recommended that the City Council conduct a community survey to gauge interest for an outdoor siren system. In review of the Feasibility Study, the City Council requested information relating to the annual maintenance cost of the proposed outdoor siren system. The City Council also requested a street level map of Solution A and Solution B presented in the Feasibility Study.

On March 14, 2022, the City Council unanimously voted to amend the PSA with HQE allocating an additional not-to-exceed $3,500 to investigate additional siren pole locations.

In early July 2022, HQE submitted a revised Feasibility Study.

At the January 23, 2023 City Council meeting, the City Council selected four siren pole locations as follows:
28 City Hall;
Fire Station 106 (12 Crest Road West) and;
CalWater Facility (3960 Crest Road)
Easement at Crest Road East gate
At the March 27, 2023 City Council meeting, the City Council approved the HQE proposal for additional work in the amount of $4,195 to perform another sound propagation analysis for three locations from the above list.

On May 15, 2023, representatives from HQE met with City staff and representatives from the Rolling Hills Community Association (RHCA) to visit the three proposed sights. Prior to the site visits, Cal Water informed staff that their facility location was no longer an option. Instead, the RHCA easement at the Crest Road East gate was used.

On June 12, 2023 the City Council received an updated sound propagation report confirming that three sire pole locations would allowing the majority of the residents to hear the siren at 70 decibels.

DISCUSSION:

On June 12, 2023, the City Council approved moving forward with installation of the siren tone and intelligible voice system for three 50 foot poles as described in Exhibit A of the professional services agreement.

ENVIRONMENTAL REVIEW
The solicitation for bids did not constitute a Project as defined under the California Environmental Quality Act (“CEQA”). Further, the repair, replacement and installation of an Equestrian Fence at City Hall is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines (Existing facilities) in that it will replace previously existing fencing at City Hall.

Further, this action is exempt under section 15302 of the CEQA Guidelines as it consists of the replacement or reconstruction of existing structures and facilities on the same site as the replaced structures and facilities and will have the same purpose and capacity.

FISCAL IMPACT:

The City Council previously allocated $300,000 to the Outdoor Siren System project. To date, $3,500 was spent on the initial feasibility study. Another $1,900 was spent on coordinating with Cal Water on potential sire pole locations within the community. The most recent sound propagation study cost $4,195 for a total of $9,595, leaving $290,405 available for the project.

At the June 12, 2023 City Council meeting, HQE System Inc., confirmed that turnkey solution selected by the City Council was estimated at $144,000 with an annual maintenance fee of $13,981. With the added intelligible voice feature of $39,000 per pole, the capital improvement project cost is $261,000.

There is sufficient funding for the capital improvement ($261,000) and for the first two years of project maintenance ($13,981 per year).

RECOMMENDATION:

Approve as presented.
29 ATTACHMENTS:

CA_AGR_230626_HQE_SirenInstallation_F.pdf
30 CITY OF ROLLING HILLS

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th day of June 2023 between the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and HQE Systems Inc. a California corporation located at 42075 Remington Ave, Suite # 109, Temecula, CA 92590 “CONSULTANT.”

1. RECITALS:

A. The CITY desires to contract the CONSULTANT to provide the design, procurement and installation of a turnkey emergency communications system for the City of Rolling Hills.

B. CONSULTANT is well qualified by reason of education and experience to perform such services; and
C. CONSULTANT is willing to render such services as hereinafter defined.

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

2. SCOPE OF WORK
CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the attached Exhibit A. The end result of the services shall include a turnkey emergency communications system which includes, but is not limited to; (i) three, 50 foot directional speaker towers equipped with intelligible voice and tone capability at the three locations identified in Exhibit A and referred to as the First Station Tower, Easter Gate Tower and City Hall Tower; (ii) speaker/audio system that can provide the listed decibel levels throughout the City as described in Exhibit A; (iii) system that can be managed and activated via the VHF radios system with an option for cellular capability for City officials to remotely access, control and activate via a secure portal; (iv) reasonable efforts such that the system may be integrated with other regional alert systems which may require additional costs (collectively referred to as “SERVICES”).

To the extent this Agreement conflicts with Exhibit A, or any other exhibit, this Agreement shall control.

3. COST
The CITY agrees to pay CONSULTANT for all the work contemplated by this AGREEMENT in the amount of Two Hundred Sixty One Thousand dollars ($261,000.00).

The cost is more particularly described in Exhibit A. This fee includes all expenses, 31 consisting of all local travel, attendance at meetings, printing and submission of any plans or any other documents required by the Scope of Work. Any increase in contract amount or scope shall be approved by expressed written amendment executed by the CITY and CONSULTANT.

4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed no earlier than ninety (90) days of submitting an invoice to City for the SERVICES. CONSULTANT shall submit invoices electronically to the City Manager of the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City Manager of the CITY.

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

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

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

8. COMPLIANCE WITH LAW
All SERVICES rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal Law.
(A). Federal Requirements
In the event federal funds are used to fund all or a portion of this contract. The CONSULTANT shall comply with all federal requirements including, but not limited to, the following:
(i). 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
(ii). Federal Contract Provisions attached hereto as Exhibit B and incorporated herein by reference.
32 Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. (B). CONSULTANT is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. CONSULTANT shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the CONSULTANT and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the CONSULTANT and all subconsultants performing such services must be registered with the Department of Industrial Relations. CONSULTANT shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

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

11. TERM OF CONTRACT
The term of this Agreement shall be from the effective date of this Agreement to December 31, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon notice from the City.

12. TERMINATION
This contract may be terminated by the CITY with or without cause upon fourteen (14) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement.

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

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

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

16. INDEMNITY
CONSULTANT shall indemnify and save harmless CITY, its elected and appointed officers and employees from all claims, damages, suits, cost or actions of every name, kind or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner 34 that resulted from the fault or negligence of CONSULTANT, it officers, agents, employees and/or servants in connection with this AGREEMENT.

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

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

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

B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence.
35 C. Additional Insured. City, its elected and appointed officers and employees shall be named as additional insured on policies referred to in subparagraphs A (i) and (ii).

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

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

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

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

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

21. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by 36 CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT.

22. NOTICES.

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

CITY: Elaine Jeng, PE, City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
CONSULTANT: HQE Systems, Inc.

Attn: Qais Alkurdi
27419 Via Industria
Temecula, CA 92590

23. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended.
37 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written.

CITY OF ROLLING HILLS CONSULTANT

CITY MANAGER
______ _____ ________

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

CITY CLERK
APPROVED AS TO FORM:
______ _____

PATRICK DONEGAN, CITY ATTORNEY
38 Exhibit A
Scope of Work and Cost
39 NOT FOR GENERAL RELEASE TO THE PUBLIC

PROPRIETARY PRICING AND SENSITIVE TECHNICAL SYSTEMS INFO FOR THE CITY City of Rolling Hills, CA
June 21, 2023
New proposed installation locations

1. City Hall

2. Crest Rd. East

3. Crest Rd. West
40 Speaker Types: Intelligible Voice & Tone
● Intelligible Voice and Tone Sirens
○ Make/Model: SiRcom, Line Arrays
Power: Battery System
● No SCE electrical support requirements
● The system is engineered to provide the City with a full operational capability without any AC main power source for charging. All charging will be done through solar power.

Comms: Advanced Communications Module (ACM)
● The system will be managed and activated via the SiRcom Advanced Communications Module (ACM). The ACM is an advanced communications
Discounted Price: $261,000.00 (Full turnkey installation), includes the following:
● Equipment to be proposed
○ QTY 3, Intelligible Voice and Tone Siren Systems
■ Full battery operated with solar charging
■ Real-time systems health monitoring
■ Mounted on Class II wood poles
○ QTY 1, Central Control Station (CCS) - siren activation software ■ On-Premise solution
■ Includes: Cloud-based activation solution to allow for access to the system by authorized administrator
● Services to be proposed
○ Design support
○ Installations labor
○ Training for City administrators
○ Test and Turnover
○ Full community outreach package
■ Marketing assets (flyers, information brochures)
■ Social media post templates
■ Video templates
■ PR release templates
○ 1 Year Full Warranty
41 Options
Yearly Maintenance: $13,981.00 per year
● Hassle free maintenance service
○ Annual preventive maintenance visit
■ Manufacturer’s standard testing
■ Cleaning of all of the parts (clean, grease, seal)
■ Replace degraded or damaged parts
○ As required corrective maintenance support (remote and onsite) ● No cost to replace any faulty parts (Act of God, Vandalism, Unauthorized Repairs/Access by the City or 3rd Party Vendor not covered), includes:
○ Siren parts
○ Solar charging parts
○ 12V batteries
○ Wires, cabling, and consumable parts
● Up to 5 hours of annual refresher training for the activation software ● Annual data usage for Satellite and Cellular Communications (estimated annual cost for QTY 3 sirens and QTY 1 central control station (activation software): ~$500/Year 42 Exhibit B

FEDERAL CONTRACT PROVISIONS
During the performance of this contract, Consultant shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements. 43 2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the City under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, City, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant's personnel for the purpose of interview and discussion related to the books and records.
(B) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(D) In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.
44 (i) Termination for Convenience. The City may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Consultant for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the City shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the City may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. Consultant acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but 45 not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.
(ii) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
(iii) Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant's legal duty to furnish information.
(iv) Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of 46 September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.
(D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and 47 provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution 48 of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection City Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 49 OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements 50 of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram.

5. MISCELLANEOUS PROVISIONS
(A) The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (B) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(C) Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.
(D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.
51 52
Agenda Item No.: 8.G
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ENERGY

SOLUTIONS COMPANY SITELOGIQ AS AN ALTERNATIVE

APPROACH TO IMPLEMENT THE CITY HALL CAMPUS BACKUP
POWER PROJECT IN AN AMOUNT NOT TO EXCEED $28,500,

AUTHORIZE THE CITY MANGER TO EXECUTE THE AGREEMENT

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
DATE: June 26, 2023
BACKGROUND:

The City Hall campus was served by a diesel backup power generator, but the unit broke down 2019. In late 2020, the City Council commissioned professional expertise to provide options on providing backup power to the City Hall campus, including the Rolling Hills Community Association (RHCA) building and operations.

Between October 2020 and March 2023, the City Council reviewed the options provided by professional architectural and engineering team, assigned the project to the RHCA, reassigned the project back to city staff and finally decided to move forward with the solar panel and battery combination to supply backup power to the City Hall campus.

The architectural and engineering team that developed the solar panel and battery solution estimated the cost to install a system with the following requirements to be $250,000:

Current City Hall campus demand is based on electric bills for 2020 and 2021 Supply 24 hours of backup power
16 kWh battery backup
Solar PV system of 75 kW
In March 2023, the City Council directed staff to implement the backup power project. City staff can approach the project conventionally by preparing an engineering design, and advertising the design for construction bids.
53 In early April 2023, an energy solutions company, SitelogIQ gave a presentation to the City Council, providing an alternate approach to deliver the backup power project. The April 2023 presentation is attached to this report.

SitelogIQ is a licensed General Contractor delivering energy infrastructure programs for State and local governments. In the April 2023 presentation, SitelogIQ discussed available funds from the Federal government, the Inflation Reduction Act (IRA) to offset local government expenditures on energy projects. An energy project involves the installation or modification for improvements of an energy-efficient or renewal energy system.

Via the IRA, the Federal government allows the city to obtain federal tax credit in the form of a direct payment (i.e., rebate) for energy storage (battery), electrical infrastructure, solar, and microgrid controllers. The rebate could be as high as 30% of the project cost provided that the project is completed within a certain timeframe.

In the last four years, city staff has had many successes in securing grant funds, or other sources of funds for city projects to offset the use of General Fund. To deliver the backup power project, the current option is to use budget surplus or savings in the General Fund Reserves. In the approach provided by SitelogIQ, the city could potentially save on design engineering cost by sole sourcing the project to SitelogIQ, and offset General Fund expenditures having SitelogIQ assist the city in applying for the rebate provided by IRA.

Since the April 2023 presentation, SitelogIQ provided city staff with a Letter of Agreement (LOA) for consideration. The LOA outlines SitelogIQ's scope of services to develop an energy project that satisfy the city's requirements for $28,500. However, if the city enters into a contract with SitelogIQ for the implementation of the project within 60 days after presenting a proposed project, SitelogIQ's fee to develop the proposed project would be waived. Beyond the aforementioned 60 days, the fee paid would be credited toward the project's total implementation cost.

Per SitelogIQ, the California Government Code 4217.10 provides the ability for public agencies to sole source the project delivery to SitelogIQ as long as the requirements of the code section are met.

SitelogIQ will evaluate the City Hall campus to install solar panels, and batteries to provide backup power for City Hall and the RHCA building and operations. Additionally, SitelogIQ will also analyze the potential for energy generation measures, prepare a return-on-investment analysis, provide budgetary construction estimates, and develop the scopes of work for all energy measures.

Given the recent staff vacancies, the lack of technical expertise on energy projects, the current workload to deliver the CalOES/FEMA Hazard Mitigation Program grants, and the possibility to offset General Fund expenditures for the backup power project, staff recommended at the June 12, 2023 City Council meeting that the City Council engage SitelogIQ for services.

DISCUSSION:

On June 12, 2023, the City Council directed staff to engage the services of SitelogIQ. The City Attorney drafted a Professional Services Agreement for the City Council's review and approval.
54 ENVIRONMENTAL REVIEW
The solicitation for bids did not constitute a Project as defined under the California Environmental Quality Act (“CEQA”). Further, the repair, replacement and installation of an Equestrian Fence at City Hall is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines (Existing facilities) in that it will replace previously existing fencing at City Hall.

Further, this action is exempt under section 15302 of the CEQA Guidelines as it consists of the replacement or reconstruction of existing structures and facilities on the same site as the replaced structures and facilities and will have the same purpose and capacity.

FISCAL IMPACT:

At the June 12, 2023 City Council meeting, the FY 2023-2024 budget was approved including an allocation of $250,000 to the City Hall campus backup power project The initial fee of $28,500 to engage SitelogIQ for services will be funded using the $250,000 budget allocation. If the City Council decides to have SitelogIQ implement the energy project identified by SitelogIQ, the initial fee of $28,500 would be waived.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CA_AGR_230626_SiteLogiQ_F.pdf
55 CITY OF ROLLING HILLS

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th day of June, 2023 between the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and SiteLogIQ, Inc. a California Corporation with its California office located at 1651 Response Rd, Ste 300, Sacramento, CA 95815 “CONSULTANT.”

1. RECITALS:

A. The CITY desires to contract the CONSULTANT to provide a proposal and Facility Solution agreement for the implementation of facility improvements, energy conservation, energy generation, and/or energy management services for the City Hall building/campus located at 2 Portuguese Bend Rd, Rolling Hills, CA 90274.

B. CONSULTANT is well qualified by reason of education and experience to perform such services; and
C. CONSULTANT is willing to render such services as hereinafter defined.

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

2. SCOPE OF WORK
CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the attached Exhibit “A.” The end result of the services shall include, but is not limited to, the study and design of a self-funded program, which pays for itself through expense reductions related to facility improvements, energy conservation, energy generation, and/or energy management services (“SERVICES”). CONSULTANT shall focus on a self-funded program that allows the City to scale the project. Possible project features include, but are not limited to: (i) Exterior Lighting Retrofits; (ii) Solar-Photovoltaic systems; (iii) Energy storage; (iv) Microgrid for Resiliency; and (v) Electric Vehicle Charging.

To the extent this Agreement conflicts with Exhibit “A,” this Agreement shall control.

3. COST
The CITY agrees to pay CONSULTANT for all the work contemplated by this AGREEMENT in the amount of twenty-eight thousand, five hundred dollars ($28,500).

This fee includes all expenses, consisting of all local travel, attendance at meetings, printing and submission of any plans or any other documents required by the Scope of 56 Work. Any increase in contract amount or scope shall be approved by expressed written amendment executed by the CITY and CONSULTANT.

In the event that the CITY enters into a subsequent contract within 90 days after CONSULTANT completes its work pursuant to this AGREEMENT with CONSULTANT for the implementation of a project designed by CONSULTANT, then the fee contemplated by this section shall be waived. If the CITY enters into a contract with CONSULTANT at a later date, then the fee paid by the CITY will be credited toward the project’s total implementation cost

4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed no earlier than ninety (90) days of submitting an invoice to City for the SERVICES. CONSULTANT shall submit invoices electronically to the City Manager of the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City Manager of the CITY.

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

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

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

8. COMPLIANCE WITH LAW
All SERVICES rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal Law.
(A). Federal Requirements
Federal funds may be used to fund all or a portion of this contract. The CONSULTANT shall comply with all federal requirements including, but not limited to, the following:
(i). 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
57 (ii). Federal Contract Provisions attached hereto as Exhibit B and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

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

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

11. TERM OF CONTRACT
The term of this Agreement shall be from the effective date of this Agreement to until the SERVICES are completed, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon notice from the City.

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

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

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

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

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

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

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

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

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

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

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

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

18. ENFORCEMENT OF AGREEMENT
In the event that legal action is commenced to enforce or declare the rights created under this AGREEMENT, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court. 60 19. CONFLICTS OF INTEREST
No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed.

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

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

22. NOTICES.

All written notices required by, or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; the parties to this AGREEMENT shall promptly inform the other party of any change of address. All 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
61 CONSULTANT: SiteLogIQ.

Attn: Josh Steeber
1651 Response Rd, Ste 300
Sacramento, CA 95815

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

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

CITY OF ROLLING HILLS CONSULTANT

CITY MANAGER
______ _____ ________

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

CITY CLERK
APPROVED AS TO FORM:
______ _____

PATRICK DONEGAN, CITY ATTORNEY
62 Exhibit A

SITELOGIC LOA
63 CA Office: 1651 Response Rd, Ste 300, Sacramento, CA 95815 Phone: (916) 914-1929
www.sitelogiq.com  CA License #1054171
June 7, 2023
Name: Elaine Jeng
Title: City Manager
Company: City of Rolling Hills
Address: 2 Portuguese Bend Rd, Rolling Hills, CA 90274
RE: Facility Solution Project Feasibility and Letter of Agreement (LOA) Dear Elaine Jeng:

This Letter of Agreement (LOA) is intended to briefly describe the manner in which SitelogIQ and City of Rolling Hills will work together during the project development process, as well as the obligations of each party with respect to the development process.

Client Identification: City of Rolling Hills
Facility Location(s):
• City Hall - 2 Portuguese Bend Rd, Rolling Hills, CA 90274 Area of Focus:

SitelogIQ will provide a proposal and Facility Solution agreement for the implementation of facility improvements, energy conservation, energy generation, and/or energy management services.

Scope of Services:

A. SitelogIQ will conduct a site visit to the Facility(ies) to perform a physical audit and collect data.

The Client will cooperate and collaborate with SitelogIQ during this phase by providing copies of requested data, including (if available): Site and/or system drawings, historical operating data produced or recorded by existing controls or meters, manual logs, and any other data that may be pertinent to this evaluation.

B. Client will also make operational personnel available at reasonable times for in-person and telephone interviews with SitelogIQ to answer questions about existing facilities conditions, operating profile and existing equipment operation.

C. Where operational data is not available to support the analysis, SitelogIQ will utilize standard engineering practices and assumptions to provide a conservative analysis on the potential energy 64 2
savings from installing the energy conservation measures.

D. SitelogIQ will also analyze the potential for energy generation measures.

E. SitelogIQ will recommend energy management and/or on-going monitoring services.

F. For each of the targeted Energy Conservation Measures (ECMs), estimated (projected) operating costs will be calculated and then compared to existing operating costs. Existing conditions will be evaluated using data-logged or stipulated and mutually agreed operational schedules.

G. SitelogIQ will prepare a return on investment analysis (consistent with the client’s preferred evaluation methods based on agreed upon Economic Criteria noted below).

H. SitelogIQ will provide budgetary construction costs estimates and a summary Scope of Work for all recommended ECMs. Cost estimates will represent a “turnkey” solution. Refer to Attachment A for the list of discussed potential ECM’s to be evaluated.

I. The results will be presented to client as a recommended Scope of Work and a financial proforma (such as a Cash Flow) which will include costs and energy savings for the next 25 years with escalation of no more than 6% and including future maintenance & repair costs. As a result, True Cost of Ownership is presented to the client for their review and consideration.

Client Responsibilities:

In order for SitelogIQ to provide the services described in this LOA, the Client agrees to provide (or cause its energy suppliers to provide) SitelogIQ with the data requested in Attachment B. In addition, Client shall execute Attachment C (“Utility Authorization Form”) to provide access to Client’s Utility account information.

Development Efforts:

Client acknowledges that SitelogIQ will incur considerable expense in developing the Project. This expense includes the cost to by SitelogIQ’s development team, the cost to visit the Site, and the cost to prepare the financial proforma. SitelogIQ is acting hereunder as an independent contractor and not as an agent or employee of the Client. SitelogIQ shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the Client.

Ownership of Work:

All work products, including all proforma’s, schedules, and scope of work documentation provided by SitelogIQ, will only become the property of the Client upon execution of a binding, irrevocable contract between the Client and SitelogIQ for the implementation of the ECMs proposed by SitelogIQ.

Notwithstanding the foregoing, to the extent that any tangible work documentation produced by SitelogIQ contains SitelogIQ’s pre-existing materials (including but not limited to templates, forms, and other SitelogIQ -created materials), SitelogIQ will remain the sole and exclusive owner of all such pre-existing materials.
65 3
Interconnection Application:

If applicable, SitelogIQ may request important Distribution System information from the local utility regarding planned solar interconnection points, prior to submitting an Interconnection Application during construction of a Solar Generation PV Array. The purpose is to avoid or address early in the design phase any existing utility infrastructure that may prohibit or delay the construction of a Solar Generation PV Array at any of the listed locations below.
• Rolling Hills Community Association - 1 Portuguese Bend Rd, Rolling Hills, CA 90274 • City Hall - 2 Portuguese Bend Rd, Rolling Hills, CA 90274 Complete Interconnection Application Report:

Provides a readily available level of Distribution System data.

Development Fee:

SitelogIQ will develop the Project for the firm, fixed fee of $28,500.

If applicable, Fee assumes one interconnection submittal and one review with the utility. New NEM 3.0 interconnection guidelines and available grid capacity may require additional submittals and interconnection Fees up to $3,500 per site (not included in the Service Fee). Any additional fees will be passed through to client.

In the event that the Client enters into a contract with SitelogIQ for the implementation of the ECMs within 60 days after presenting the Proposal, then SitelogIQ’s Fee to develop the Proposal will be waived.

If the Client enters into a contract with SitelogIQ at a later date, the Development Fee paid by the Client will be credited toward the project’s total implementation cost.

If SitelogIQ cannot meet the Economic Criteria Client will not compensate SitelogIQ for its LOA fee.

Economic Criteria:

The Client has represented to SitelogIQ that Client agrees to move forward with the project if the project is shown to reduce the operational expenses at the site over the useful life of the project. The main financial objectives of the project are as follows:

1. Provide a self-funded program, which pays for itself through expense reductions and minimizes the Client’s contribution and meets the requirements of California Government Code 4217.10 et seq.(Remove for C&I or outside CA)
This LOA shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law.
66 4
If you agree with the provisions set forth in this LOA, kindly sign and date the LOA below and return one fully-executed copy to my attention. Thank you again for providing SitelogIQ with the opportunity to work on this important initiative.

Acceptance of Letter of Agreement
This agreement is between The City of Rolling Hills and SitelogIQ, Inc.

Client: SitelogIQ
Name: Name:

Title: Title:

Date: Date:
67 5
Attachment A:

Potential Facility Improvement, Energy Conservation, Energy Generation, and Energy Management Measures to be considered

1. Exterior Lighting Retrofits

2. Solar-Photovoltaic systems

3. Energy storage

4. Microgrid for Resiliency

5. Electric Vehicle Charging
68 6
Attachment B:

Pre-audit Information Request
# Must Have Nice to Have
Utility Information
1 Gas, Water, Oil, Other: Utility supplier and contact all data in excel format; 3 to 5 years. Customer Access through Utility API.
2 Summary of monthly usage and cost (1 year
minimum, 3 years preferred)
Utility Rate structures
4 What are the interconnection or other major
electrical codes that we need to be aware of, e.g., for islanding from the utility, for connecting to a
substation, etc.

Utility Meters: main & sub-meters- layout drawing,
locations, areas they feed
5 What is the power rating of equipment (Volts, Amps,
Hz)?
Facility Information
1 Age, Total building area (sq. feet.), Conditioned Area, window area, number of rooms, common facilities
Roof type & age, window type & age, any window
films, etc?
2 Operation schedule, monthly occupancy data
3 Complete set of building plans (original & as-builts); at a minimum, overall architectural plan, main
mechanical schedule, electrical single-line diagram;
Please scan & pdf all the building as-built drawings.
4 Any problems regarding guest comfort (humidity,
hot/cold areas, mold, etc.)
Equipment Maintenance logs & schedule (indicate
recurring problems)
5 Any major renovation projects in the last 3 years? Or plans to renovate
Air balance report, Facility Assessment Plan
69 Exhibit B

FEDERAL CONTRACT PROVISIONS
During the performance of this contract, Consultant shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements. 70 2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the City under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, City, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant's personnel for the purpose of interview and discussion related to the books and records.
(B) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(D) In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.
71 (i) Termination for Convenience. The City may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Consultant for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the City shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the City may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. Consultant acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but 72 not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.
(ii) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
(iii) Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant's legal duty to furnish information.
(iv) Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of 73 September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.
(D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and 74 provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution 75 of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection City Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 76 OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements 77 of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram.

5. MISCELLANEOUS PROVISIONS
(A) The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (B) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(C) Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.
(D) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract. (E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.
78 Agenda Item No.: 8.H
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: DIRECT STAFF TO PREPARE A SECOND AMENDMENT TO THE

LEASE AGREEMENT WITH THE ROLLING HILLS COMMUNITY

ASSOCIATION TO MAINTAIN THE CURRENT LEASE AMOUNT OF
$5,749.25 PER MONTH
DATE: June 26, 2023
BACKGROUND:

The offices of the City of Rolling Hills and the Rolling Hills Community Association (RHCA) colocate on the City Hall campus. The campus is owned by the City of Rolling Hills and to occupy the space on the campus, the terms of the shared space have historically been defined by a lease agreement. Additionally, historically the lease agreement discussed the use of the other city owned properties in the community (riding rings, Storm Hill park, and tennis courts).

The current lease agreement with the RHCA was executed in 2018 for a ten year term to 2028. Via the lease agreement, the RHCA agreed to pay the city rent for the use of the RHCA building on the City Hall campus. In 2018, the monthly rent was $6,998.

In 2020, the monthly rent was reduced to $5,749.25 for the period between July 1, 2020 to June 30, 2023 by the way of the first amendment to the 2018 lease agreement. Additionally, paragraph 8 of the 2018 lease agreement was modified speaking to the requirement that traffic control devices including pavement markings and striping altered by the RHCA must be restored by the RHCA.

DISCUSSION:

Per the first amendment to the lease agreement executed in 2020, the monthly rent would go back to $6,998 starting July 1, 2023 to the end of the term in 2028. RHCA Manager Kristen Raig contacted staff in May 2023 and inquired if the city wanted to continue with the changes made to the lease agreement in 2020.

Staff recommends that the City Council continue to charge the RHCA $5,749.25 per month for rent for the remainder term of the lease agreement. If the City Council approves staff's 79 recommendation, staff will work with the City Attorney to present a second amendment to the lease agreement at the July 10, 2023 City Council for approval.

FISCAL IMPACT:

The difference between a monthly rent of $6,998 and $5,749.25 is $1,248.74 per month or $14,985 over a twelve month period.

The first amendment to the lease agreement would require the RHCA to restore traffic control devices in the community if altered by the RHCA. Prior to 2020, and prior to this provision being in the lease agreement, the city addressed traffic control needs within the limits of the city. While there would be a reduction in revenue to the city, there would also be savings in expenditures relating to traffic control devices.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

RHCA 2018-2028_SignedAgreement.pdf
CA_AGR_200717_FirstAmendment_RoadStriping_E.pdf
80

CITY OF ROLLING HILLS

LEASE AGREEMENT
This Lease ("Lease'') is made and executed as of this Ii./ y of M ~ , ;l.o J & , by and between the City of Rolling Hills (the "City"), a municipal corporation; and the Rolling Hills Community Association of Rancho Palos Verdes (the "Association"), a California non-profit corporation.

Recitals
A. City and Association were parties to a now expired lease dated June 17, 1993, as amended by an amendment to the lease dated November 13, 2000, covering the Building, Hesse's Gap Riding Ring, Tennis Courts, and Parking Area (as herein defined).

B. City and Association are parties to another lease dated June 1, 2003, as amended by four (4) amendments on April 1, 2007~ April I, 2010; June 1, 2013; and June 26, 2017, by which City leased the Premises (as herein defined) to Association. This lease expires on May 31, 2018.

C. City and Association desire to enter into this Lease, effective as of the Commencement Date as specified below, and thereby supersede all other leases.

NOW, THEREFORE, the parties hereto agree as follows:

1. FUNDAMENTAL LEASE PROVISIONS:
(a) Time:
(i) Lease Tenn: 120 months.
(ii) Commencement Date: June 1, 2018
(iii.) Expiration Date: May 31, 2028.
(b) Rent: $6,998.00 per month for the ten-year lease period. (c) Use of Premises: The Premises shall be used as follows:
652 77.00001 \30940221.1
(i) The "Building" shall be used by Association for its administration and for meetings of the Association and its board and members, 81 Page2
and other purposes compatible with the use for which it was designed.
(ii) The "Hesse's Gap Riding Ring" and the "ClifHix Riding Ring" shall be used for riding ring purposes, and other purposes 'compatible With the use for which they were designed.
(iii) The "Tennis Courts" shall be used for playing recreational tennis, and other purposes compatible with the use for which they were designed.
(iv) The "Parking Areas" shall be used by Association only for parking of vehicles by Association, its employees, guests, board members, and invitees, and for pedestrian and vehicular ingress and egress. (v) The "Storm Hill Park" shall be used as a passive park for such activities as hiking, picnicking, horseback riding, walking, and jogging. Additional uses must be approved by the City and consistent with the City's goals of low intensity and equestrian uses.
( d) Address for Payments of Rent and Notices:

To City:

To Association:

No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Attn: City Manager
No. 1 Portuguese Bend Road
Rolling Hills, California 90274
Attn: Community Association Manager

2. PREMISES. In consideration of the Association's payment of the rent, and the performance of covenants and conditions herein contained, City hereby leases to Association, and Association hereby hires from City, upon the tenns and conditions set forth herein, the following real property and improvements (herein referred to as the "Premises"). The Premises consist of the following:
(a) The building improved thereon (herein referred to as the "Building"), located at No. 1 Portuguese Bend Road, Rolling Hills, California 90274. (b) The undivided right to use in common with City one-half (1/2) of the parking spaces improved on the real property identified as the Parking 65277.00001 \30940221.1
82

Area (the "Parking Area"), located between the Building and the City Hall building at No. 2 Portuguese Bend Road, Rolling :Hills, California 90274, together with all roads and walkways to and from the Parking Area for pedestrian and vehicular ingress and egress.
(c) The Caballeros Riding Ring at Hesse's Gap Riding Ring (the "Hesse's Gap Riding Ring"), located at Poppy Trail and Portuguese Bend Road, Rolling Hills, California 90274.
(d) The ClifHix Riding Ring (the "ClifHix Riding Ring"), located at the end of Buggy Whip Drive, Rolling Hills, California 90274. · ( e) The undivided right to use in common with City the Tennis Courts (the ''Tennis Courtsu), located at Portuguese Bend Road and Palos Verdes Drive North, Rolling Hills, California 90274.
(f) The Storm Hill Park ("Storm Hill Park"), an approximately eight (8) acre park identified as Assessors Parcel Number 7570-024-900 approved and recorded in Parcel Map Number 26356.

3. TERM. The term of this Lease shall be that period set forth in Section l(a)(i) hereof. The term shall commence on the Commencement Date set forth in Section l(a)(ii) hereof, and shall expire on the date set forth in Section l(a)(iii) hereof.

Effective as of the Commencement Date, the prior leases identified in Recitals A and B shall be deemed terminated and of no further force or effect, except for the indemnity obligations describ~ therein, and except for any accrued, unpaid rent, or other charges, which shall survive such termination.

4. RENT. Association shall pay City monthly in advance, without deduction or offset, as rent, $6,998.00.

5. CONDITION AND ACCEPTANCE OF PREMISES. Association hereby accepts the Premises, including but not limited to the Building, in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county, and state laws, ordinances, and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Association acknowledges that neither City nor City's agents have made any representation or warranty as to the present or future suitability of the Premises, including but not limited to the Building, for Association's intended use thereof, nor has City agreed to undertake any modification, alteration, or 65277.00001 \30940221.1
83 Page4
improvement to the Premises, including but not limited to the Building, except as provided in this Lease.

6. TAXES. Association shall pay to the appropriate taxing authority all real property taxes, assessments (general, special, ordinary or extraordinary) possessory interest taxes, license fees, improvement bond or bonded indebtedness, levy or tax, and any personal property taxes attributable to personal property at the Premises, if any are applicable to Association or the Premises, or Association's interest therein, accruing during the term of this Lease. All such payments shall be made at least ten (10) days prior to the delinquency date of such payment. Association shall promptly furnish City with satisfactory evidence that such taxes have been paid. Association may lawfully contest, by appropriate proceedings at Association's sole cost and expense, any taxes or assessments, and may defer payments of the same during any appeal, provided such defense does not adversely affect City's interest in the Premises. If any such taxes paid by Association shall cover any period of time prior to or after the expiration of the term hereof, Association's obligation for such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and City shall reimburse Association to the extent required. If Association shall fail to pay any such taxes, City shall have the right to pay the same, in which case Association shall repay such amount to City with Association's next rent installment, plus any damages caused by such failure.

7. USE OF PREMISES.
(a) The Premises shall be used and occupied by Association for the purposes described in Section 1 ( c) hereof, and for such other uses that are not incompatible with the primary uses set forth in Section 1 ( c ). (b) Association shall, at Association's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the term or any part of the term hereof, regulating the use by Association of the Premises, including but not limited to the Building. Association shall not use nor permit the use of the Premises in any manner that will tend to create waste or a nuisance.

8. ALTERATIONS. Except for interior, nonstructural, nonsystemic alterations or additions not cumulatively costing in excess of Ten Thousand Dollars ($10,000.00) in any calendar year, Association shall not make or allow any other alterations, additions, or improvements in or to the Premises, including but not limited to the Building, without City's prior written consent, and then only by 65277.00001 \30940221.1
84

contractors or mechanics approved in advance in writing by City, which shall not unreasonably withhold consent. In each instance where Association requires City's approval of an alteration, Association shall furnish City with plans showing the proposed alteration to the Premises, including but not limited to the Building.

Association covenants and agrees that all work done by or pursuant to the direction and instruction of Association shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus, and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Association shall give City at least five (5) days written notice of the proposed commencement of such work and shall, if required by City, secme at Association's own cost and expense, a completion and lien indemnity bond, satisfactory to City, for said work. City shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises.

Notwithstanding the foregoing, Association shall not make any alterations or additions whatsoever to the Parking Areas without City's prior written consent, which may be withheld in City's sole discretion.

9. MAINTENANCE AND REPAIRS.
(a) Except as herein specifically provided to the contrary, Association shall at Association's sole cost and expense keep and maintain the Premises, including but not limited to the Building, clean and in good condition and repair. Damage thereto from causes beyond the reasonable control of Association and ordinary wear and tear is excepted. Association shall also:
(i) Keep the Premises, including the Parking Area, free of litter and debris and shall regularly clear all drain catch basins of debris. (ii) Maintain all landscaping (except in the Parking Area and Tennis Courts).
(iii) Perform all sprinkler repairs or modifications, necessary painting repairs of structures (including fencing), necessary lighting, electrical, or plumbing repairs, and weed abatement (excluding the Parking Area and Tennis Courts). as required by the Los Angeles County Fire Department.
(iv) Repair and maintain the roof and structural portions of the Building and building systems. City shall not be liable or have 65277.00001 \30940221.1
85

65277.00001 \ 30940221.1
responsibility for any repairs or maintenance to the Building or the Premises, including the septic tanks servicing the Building and the guard station, except as specifically provided herein to the contrary.
(v) Provide the services of one (1) maintenance worker to perform five (5) hours of maintenance and repair work around the Premises per month for the term of the Lease. Association shall make the maintenance worker available to City such that he or she may perform the following services:
a. Removal of downed tree limbs;
b. Unclogging Parking Area drains;
c. Power washing concrete walkways;
d. Performing small painting projects;
e. Repairing three (3) rail fences;
f. Repairing any damaged, cracked, or broken asphalt;
g. Spreading woodchips around Parking Area planters;
h. Replacing exterior lights on Premises;

1. Cleanup of debris around the Premises, as necessary; and
J. Any other similar tasks which a handyman would
normally perform.

Any unused portion of the five ( 5) hours per month allotted to the City for maintenance and repair work shall carry over to the following month and may accumulate; similarly, City may deliberately accrue unused time in order to apply it towards larger projects. Any services requested shall be performed as soon as reasonably possible pursuant to the availability of maintenance staff, and in no event more than ten (10) days after the request for services is first made by the City. Following any aforementioned maintenance work, Association shall submit to the City per month, as applicable, a document detailing the scope of work including, but not limited to, any costs attributable to the City, the specific tasks performed, the hours expended per task, any supplies or materials used, and any extra assistance utilized in the performance of the requested task.
(vi) Upon termination of the Lease, Association shall surrender the Premises to City in the same condition as when Association's occupation of the Premises commenced, ordinary wear and tear 86 Page7
and damage from causes beyond the reasonable control of Association excepted.

Association waives the right to make rep~ at City's expense under Subsection 1 of Section 1932, Sections 1941 and 1942 of the California Civil Code, or any other such law, statute, or similar ordinance now or hereafter in effect.

Subject to the provisions of Section 16 hereof, all damage or injury to the Premises, including but not limited to the Building, caused by the act or negligence of Association, its employees, agents, or visitors, shall promptly be repaired by Association at its sole cost and expense, to the reasonable satisfaction of City. After first giving Association an opportunity to do so, City may make any repairs which are not promptly made by Association and charge Association the cost thereof as additional rent.

Notwithstanding anything provided herein to the contrary, City shall be solely responsible for performing all repairs and maintenance to the Parking Area, but Association shall reimburse City, within 10 days ·after receipt of a written demand therefore, for one-half (112) of the costs incurred by City in repairing and maintaining the Parking Areas, or for performing any alterations or additions to the Parking Areas. Moreover, so long as City uses the Tennis Courts, City agrees to reimburse Association for one-half (1/2) of the costs incurred by Association in repairing and maintaining the Tennis Courts. Finally, City shall, at City's sole cost and expense, provide weekly landscape maintenance to the Parking Areas and Tennis Courts.

Notwithstanding anything provided herein to the contrary, Association shall be solely responsible for performing all maintenance of the equestrian facilities subject to this Lease, but City shall reimburse Association, within 10 days after receipt of a written demand therefore, for one-half (112) of the costs incurred by Association in maintaining the equestrian facilities, not to exceed Five Thousand Dollars ($5,000.00) per year.
(b) If the Insurance Services Office or any other si.inilar body or bureau department or official of the state, county, or city government or any governmental authority having jurisdiction, require that any changes, modifications, replacements, alterations, or additional equipment be made 65277.00001 \30940221.1
87 Page8
or supplied in or to any sprinkler system, heat, or smoke detection system or any other so called life-safety system by reason of Association's use of the Premises, or the location of partitions, trade fixtures, or other contents of the Premises, or if any such changes, modifications, replacements, alterations, or additional equipment become necessary to prevent the imposition of a penalty or charge against the full allowance for any such system in the insurance rate as fixed by said Office or by any insurance company, Association shall, at Association's cost and expense, make and supply such changes, modifications, replacements, alterations, or additional equipment; provided, however, if such requirements are of a capital nature, Association shall have the option to terminate this Lease in lieu of constructing such improvements.

10. LIENS. Association shall keep the Premises, including the Building, and the property upon which the Premises are situated, free from any liens arising out of the work performed, materials furnished, or obligations incurred by Association.

Association further covenants and agrees that should any mechanic's lien be filed against the Premises, including but not limited to against the Building, for work claimed to have been done for or materials claimed to have been furnished to Association, said lien will be discharged by Association, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Association.

11. UTILITIES. The Association shall be responsible for the costs of the utilities to the Building and other leased Premises, including, Hesse's Gap Riding Ring, Clif Hix Riding Ring and Storm Hill Park. The City shall be responsible for the costs of the utilities to its Building, the City Hall Parking areas and the Tennis Courts.

12. RIGHT OF ENTRY BY CITY. City and its agents shall have the right to enter the Premises, including the Building, at all reasonable times upon prior reasonable notice to Association for the purpose of examining or inspecting the same, or in the case of an emergency. City shall invite Association to have a representative of Association accompany City in any such inspection, but if Association shall not personally be present to open and permit an entry into the Premises, including but not limited to the Building, at any time when such an entry by City is necessary by reason of emergency, City may enter by means of a master key or pass key or may enter forcibly, without liability to Association except for any failure to exercise due care for Association's property, and any such entry by City shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Association from the Premises or any portion thereof
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13. INDEMNIFICATION AND WAIVER. Association hereby agrees to indemnify, protect, and hold City hannless against and from any and all liabilities and claims of damages or injury arising from Association's use of the Premises, the Building and adjacent Parking Areas, or from any activity, work, or thing done, permitted or suffered by Association in the Premises, Building, and adjacent Parking Areas, and shall further indemnify, protect, and hold harmless City against and from any and all liability for claims arising from any breach or default in the performance of any obligation on Association's part to be performed under the terms of this Lease, or arising from any act, neglect, fault, or omission of the Association, or of its agents, employees, visitors, invitees, or licensees, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in or about any such claim, action, or proceeding brought thereon; and in case any action or proceeding is brought against City by reason of such claim, Association, upon notice from City, shall defend the same at Association's expense by counsel reasonably satisfactory to and approved by City. Association, as a material part of the consideration to City, hereby assumes all risk of damage to Association's property or injury to Association's employees, agents, visitors, invitees, and licensees in or upon the Premises, including the Building and Parking Areas, and Association hereby waives all claims in respect thereof, from any cause whatsoever, against City. City shall not be liable to Association for any damage therefrom to Association or Association's property from any cause beyond City's reasonable control. Association hereby agrees that in no event shall City be liable for any consequential damages.

14. INSURANCE.
(a) At all times during the term hereof, Association shall maintain in effect policies of Property Insurance, including fire and extended coverage insurance providing coverage for the following: (i) the Building, Hesse's Gap Riding Ring, ClifHix Riding Ring, Tennis Courts, Storm Hill Park, and leasehold improvements (including any alterations, additions, or improvements as may be made by Association pursuant to provisions hereof), and (ii) trade fixtures and other personal property, on or upon the Premises, in an amount not less than one hundred percent ( 100%) of their actual replacement cost during the term of this Lease. The Property Insurance shall provide protection against any peril included within the classification "Fire and Extended Coverage" together with insurance against vandalism, malicious mischief, earthquakes, and special extended eri1 p s , f"al} ns • k" as th &e • ed . fL . • d ) p eds f term 1s us m :.ue msurance m ustry . roce o such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Lease following a casualty as set 65277.00001 \30940221.1
89

forth herein, the proceeds under {ii) above shall be paid to Tenant, and the balance shall be paid to Landlord.
{b) Association shall, at all times during the tenn hereof and at its own cost and expense, procure and continue in force comprehensive General Liability Insurance for bodily injury and property damage, adequate to protect City against liability for injury to or death of any person, arising in connection with the Premises. Such insurance at all times shall be in an amount of not less than a combined single limit of Five Million Dollars {$5,000,000), insuring against any and all liability of the insured with respect to said Premises or arising out of the use or occupancy thereof. { c) All insurance required to be carried by Association hereunder shall be issued by responsible insurance companies possessing a Besfs rating of no less than A-:VII, qualified to do business in the State of California, and reasonably acceptable to City. Each policy shall name City an additional insured, and copies of all policies or certificates of insurance evidencing the existence and amounts of such insurance shall be delivered to City by Association. No such policy shall be cancelable except after thirty {30) days prior written notice to City. Association shall furnish City with renewals or "binders" of any such policy at least thirty {30) days prior to the expiration thereof. Association agrees that if Association does not take out and maintain such insurance, City may {but shall not be required to) procure said insurance on Association's behalf and charge the Association the premiums, payable upon demand.
{d) Not less often than every three {3) years during the term of this Lease, Association and City shall agree in writing on the full replacement cost of the Premises pursuant to this Section. If, in the reasonable opinion of City, the amount or type of public liability and property damage insurance coverage, or any other amount or type of insurance at that time is not adequate or not provided for herein, Association shall either acquire or increase the insurance coverage as required by either City or City's lender.

15. WAIVERS OF SUBROGATION. Each of the parties hereby waives any and all rights of recovery against the other or against any other tenant or occupant of the Premises, or against the officers, employees, agents, representatives, customers, and business visitors of such other party or of such other tenant or occupant of the Premises, for loss or damage to such waiving party or its property or the property of others under its control, arising from any cause insured against under the standard form of property insurance policy with all permissible extensions and endorsements covering extended perils or under any other policy of insurance 65277.00001\30940221.1
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carried by such waiving party in lieu thereof, to the extent such policies then in force permit such waiver.

16. DAMAGE OR DESTRUCTION.
(a) In the event the Premises, including but not limited to the Building, are damaged by any casualty, Association shall be responsible for repairing such damage and restoring the Premises, including but not limited to the Building, except in the following circumstances:
(i) The repair or restoration thereof, in City's opinion, cannot be completed within one hundred eighty (180) days of
commencement of repair or restoration; or
{ii) The repair or restoration is not covered by insurance, or the estimated cost thereof exceeds by fifty percent (50%) the insurance proceeds available for repair or restoration plus any amount which Association is obligated or elects to pay for such repair or restoration; or
(iii) The estimated cost of repair or restoration of the Premises exceeds fifty percent (50%) of the full replacement cost of the Building; or (iv) The Building cannot be restored except in a substantially different structural or architectural form than existed before the damage and destruction.

In any of these events, either City or Association shall have the option to either terminate this Lease or to repair or restore the Premises, including but not limited to the Building. In the event that either party elects to terminate this Lease, the terminating party shall give notice to the other within sixty ( 60) days after the occurrence of such damage, terminating this Lease as of the date specified in such notice, which date shall not be more than thirty (30) days after the giving of such notice. In the event such notice is given, this Lease shall expire and all interest of Association in the Premises shall terminate on the date specified in the effective notice. (b) Upon any termination of this Lease under any of the provisions of this Article, the parties shall be released thereby, without further obligation to the other, from the date possession of the Premises is surrendered to the City, except for items which have theretofore accrued and are then unpaid. 652 77.00001 \30940221.1
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(c) If this Lease is terminated by either party as provided hereunder, Association sha)l deliver and assign to City all proceeds of insurance payable on the policies of insurance that Association is required to carry hereunder.
(d) The provisions of Section 1932, Subdivision 2, and Section 1933, Subdivision 4, of the Civil Code of the State of California, including any amendments thereto and any other law which may hereinafter be in force during the term of this Lease which authorizes the termination of the Lease upon the partial or complete destruction of the Premises, are hereby waived by Association.

17. EMINENT DOMAIN. If the whole or part of the Premises shall be taken or shall substantially interfere with Association's use and occupancy, under power of eminent domain, or sold, transferred, or conveyed in lieu thereof, either Association or City may terminate this Lease as of the date of such condemnation or as of the date possession is taken by the condemning authority, whichever date occurs later. No award for any partial or entire taking shall be apportioned, and Association hereby assigns to City any award which may be made in such taking or condemnation, together with any and all rights of Association now or hereafter arising in or to the same or any part thereof; provided, however, that nothing contained herein shall be deemed to give City any interest in or require Association to assign to City any award made to Association for the taking of personal property and fixtures belonging to Association and removable by Association at the expiration of the term hereof, as provided hereunder, or for the interruption of, or damage to Association's business or for Association's relocation expenses recoverable against the condemning authority. Nothing contained herein shall be construed as a waiver of the City's right to condemn the Premises.

18. DEFAULT.
(a) Any of the following events shall constitute a default under this Lease by Association:
(i) Association's failure to pay any rent or other charges on their due date and the continuation of such delinquency for 15 consecutive days after written notice thereof from City;
(ii) Association's abandonment of the Premises;
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652 77.0 0001 \30940221.1
(iii) Except as expressly permitted under this Lease, any attempted conveyance, assignment, mortgage, or subletting of this Lease; (iv) Association's general assignment or arrangement for the benefit of creditors; the filing by or against Association of a petition to have Association adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy and the failure of Association, or Association's trustee-in-bankruptcy (as the case may be) to assume this Lease within sixty ( 60) days after the date of the filing of the petition, (or within such additional time as the court may fix for cause within such sixty (60) day period), or the rejection of this Lease by Association or the trustee of Association during such sixty (60) day period; the taking of any action at the corporate level by Association to authorize the filing of a petitionin-bankruptcy on behalf of Association; the appointment by a court other than a bankruptcy court of a trustee or receiver to take possession of substantially all of Association's assets located at the Premises or of Association's interest in this Lease unless possession is restored to Association within thirty (30) days; (v) If Association shall be adjudicated insolvent pursuant to the provisions of any present or future insolvency law under the laws of the State of California, or if any proceedings are filed by or against Association under the United States Bankruptcy Code (11 U.S.C. § 101 et seq.}, or any similar provisions of any future federal bankruptcy law, or if a receiver or a trustee of the property of Association shall be appointed under California law by reason of Association's insolvency or inability to pay its debts as they become due or otherwise; or if any assignment shall be made of Association's property for the benefit of creditors under California law;
(vi) The failure by Association to observe or perform any covenant, condition, or provision in this Lease not already specifically mentioned in this Section, where such failure is material and continues for thirty (30) days after written notice from City notifying Association of such failure; provided, however that if the nature of Association's default is such that more than thirty (30) days are reasonably required fer its cure, then Association shall not be deemed to be in default if Association commenced to cure such default within said 30-day period and thereafter diligently prosecutes such cure to completion.
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65277.00001 \30940221.1
(vii) In the event of any default by Association, City may promptly or at any time thereafter, upon notice and demand and without limiting City in the exercise of any other right or remedy which City may have by reason of such default or breach, terminate Association's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Association shall immediately surrender possession of the Premises to City. In such event, City shall be entitled to recover from Association any amount provided by California Civil Code Section 1951.2, plus any other amount necessary to compensate City for all detriment proximately caused by Association's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses ofreletting (including advertising), brokerage commissions and fees, costs of putting the Premises in good order, condition and repair, including necessary renovation and alteration of the Premises including the Building, reasonable attorney's fees, court costs, all costs for maintaining the Premises including the Building, all costs incurred in the appointment of and performance by a receiver to protect the Premises including the Building or City's interest under the Lease, and any other reasonable cost; or pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California.
(viii) Even though Association may have breached this Lease and abandoned the Premises, at City's option this Lease shall continue in effect for so long as City does not terminate Association's right to possession, and City may enforce all of its rights and remedies hereunder, including the right to recover rent as it comes due under this Lease, and in such event City will pennit Association to sublet the Premises or to assign its interest in the Lease, or both, with the consent of City, which consent will not unreasonably be withheld provided the proposed assignee or sublessee is reasonably satisfactory to City as to credit and will occupy the Premises for the same purposes specified herein. For purposes of this subsection ( c ), the following shall not constitute a termination of Association's right to possession: (i) acts of maintenance or preservation or efforts to relet the Premises; or (ii) the appointment of a receiver under the initiative of City to protect City's interest under this Lease.
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19. ASSIGNMENT AND SUBLETTING.
(a) Association acknowledges that the Premises are uniquely beneficial to the Association. Therefore, Association shall not assign or transfer this Lease, or any interest therein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the invitees, agents, and servants of Association excepted) to occupy or use the Premises, or any portion thereof, or agree to any of the foregoing, without in each case first obtaining the written consent of City, which may be granted or withheld in City's sole and absolute discretion.

Any such assignment, transfer, pledge, hypothecation, encumbrance, sublease or occupation of, or the use of the Premises by any other person without such consent, shall be void. Neither this Lease nor any interest of Association herein shall be assignable by operation oflaw, without the written consent of City. Any consent to any assignment, transfer, pledge, hypothecation, encumbrance, sublease, or occupation or use of the Premises by any other person which may be given by City shall not constitute a waiver by City of the provisions of this Section or a release of Association from the full performance by it of the covenants herein contained.
(b) Each permitted assignee, transferee, or sublessee, other than City, shall assume and be deemed to have assumed this Lease and shall be and remain liable jointly and severally with Association for the payment of the rent and for the due performance or satisfaction of all of the provisions, covenants, conditions, and agreements herein contained on Association's part to be performed or satisfied. No permitted assignment shall be binding on City unless such assignee or Association shall deliver to City a counterpart of such assignment which contains a covenant of assumption by the assignee, but the failure or refusal of the assignee to execute such instrument of assumption shall not release or discharge the assignee from its liability as set forth above.

20. ESTOPPEL CERTIFICATES. Association shall at any time, upon not less than ten (10) days' prior written notice from City, execute, acknowledge, and deliver to City a statement in writing certifying, affirming, or confirming certain information including, without limitatio~ that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modifi~ is in full force and effect} and the dates to which the rental, if any, and other charges, if any, are paid in advance, and acknowledging that there are not, to Association's knowledge, any uncured defaults on the part of City hereunder, and no events or conditions then in 65277.00001 \30940221.1
95

existence which, with the passage of time or notice or both, would constitute a default on the part of City hereunder, or specifying such defaults, events, or conditions, if any are claimed. It is expressly understood and agreed that any prospective purchaser or encumbrancer of all or any portion of the Premises or of the real property of which it is a part shall be entitled to rely upon any such statement. Association's failure to deliver such statement within such time shall, at the option of City, constitute a material breach or default under this Lease. If such option is not so exercised by City (and despite any later delivery by Association of such statement), Association's failure to deliver same in a timely manner shall be conclusive upon Association that (i) this Lease is in full force and effect without modification except as may be represented by City; (ii) there are no uncured defaults in City's performance; and (iii) not more than two (2) months' rental has been paid in advance.

21. INTEREST ON PAST DUE OBLIGATIONS. Except as otherwise expressly provided in this Lease, any amount due from Association to City hereunder which is not paid when due shall bear interest at the highest rate then allowed to be changed by non-exempt lenders under the usury laws of the State of California from the date due until the date paid.

22. ARBITRATION. In the event that the parties have failed for a period of sixty (60) days to reach agreement on any controversies, claims, and matters of difference, the parties agree to submit such controversies, claims, and matters of difference to arbitration according to the rules and practices of the American Arbitration Association in force. This submission and agreement to arbitrate shall be specifically enforceable. There shall be three (3) arbitrators who shall be residents of the City and members of the Association. One (1) arbitrator shall be appointed by the City, one (1) by the Association, and those two (2) shall select the third arbitrator. A decision agreed on by two (2) of the arbitrators shall be the decision of the arbitration panel. The parties agree to abide by all awards rendered in such proceedings. Such awards shall be final and binding and there shall be no appeal therefrom.

23. CITY'S DEFAULTS. City shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation for thirty (30) days after written notice by Association to City specifying wherein City has failed to perform such obligation; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance then City shall not be deemed to be in default if it shall commence such performance within such thirty (30)-day period and thereafter diligently prosecute or pursue the same to completion. In no event shall Association have the right to terminate this Lease as 65277.00001 \30940221.1
96

a result of Association's default, and Association's remedies shall be limited to damages or an injunction.

24. HOLDING OVER. Should Association, with or without City's written consent, hold over after the termination of this Lease, such possession by Association shall be deemed to be a month-to-month tenancy terminable by thirty (30) days' notice given at any time, upon each and all of the terms herein provided as may be applicable to a month-to-month tenancy and any such holding over shall not constitute an extension of this Lease. The foregoing provisions of this Article are in addition to and do not affect City's right of re--entry or any other rights of City hereunder or as otherwise provided by law. If Association fails to surrender the Premises upon the expiration of this Lease despite demand to do so by City, Association shall indemnify and hold City harmless from all losses or liability, including without limitation, any claim made by any succeeding tenant or entity founded on or resulting from such failure to surrender, and any loss of rent from prospective tenant or entity.

25. W AIYER. No delay or omission in the exercise of any right or remedy by either party to this Lease on the occurrence of any default by the other party to this Lease shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by City of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No act or conduct of City, including, without limitation, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Association before the expiration of the term. Only written notice from City to Association shall constitute acceptance of the surrender of the Premises and accomplish a termination of the Lease. City's consent to or approval of any act by Association requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act by Association. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease.

26. FORCE MAJEURE. Whenever a day is appointed herein on which, or a period of time is appointed within which, either party hereto is required to do or complete any act, matter, or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days on or during which such party is prevented from, or is unreasonably interfered with, the doing or completion of such act, matter, or thing because of strikes, lock-outs, embargoes, unavailability of labor or materials, wars, insurrections, rebellions, civil disorder, declaration of national emergencies, acts of God, or other causes beyond such party's reasonable control (financial inability excepted); provided, 65277.00001 \30940221.1
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however, nothing contained in this Section shall excuse Association from the prompt payment of any rental or other charge required of Association hereunder, except as specifically provided in Section hereof to the contrary.

27. MISCELLANEOUS.
(a) Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. (b) In the event of any litigation between Association and City, to enforce any provision of this Lease or any right of either party hereto, or to secure a judicial determination of any right or obligation of either party hereto, the unsuccessful party in such litigation shall pay to the successful party all reasonable costs and expenses, including reasonable attorneys' fees, incurred therein. Moreover, if either party hereto without fault is made a party to any litigation instituted by or against any other party to this Lease, such other party shall indemnify City or Association, as the case may be, against and save it harmless from all costs and expenses, including reasonable attorneys' fees, incurred by it in connection therewith. ( c) Time is of the essence hereunder.
( d) The section captions contained in this Lease are for convenience and do not in any way limit or amplify any term or provision of this Lease and shall have no effect on its interpretation.
(e) The terms "City" and "Association" as used herein shall include the plural as well as the singular, and the neuter shall include the masculine and feminine genders. The obligations herein imposed upon Association shall be joint and several as to each of the persons, firms, or corporations of which Association may be composed.
(f) This Lease and the exhibits and any rider or addendum attached hereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or supplemented except by an agreement in writing signed by the parties hereto or their successors in interest.
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(g) lbis Lease shall be interpreted and enforced in accordance with the laws of the State of California, which shall apply in all respects, including statutes oflimitation, to any disputes or controversies arising out of or pertaining to this Lease.
(h) Upon Association's observing and performing all of the covenants, conditions, and provisions on Association's part to be observed and performed hereunder, Association shall have quiet possession of the Premises for the entire term hereof, subject to all of the provisions of this Lease.
(i). Except as otherwise provided in this Lease, all of the covenants, conditions, and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.

G) Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, return receipt requested, addressed to Association or to City at the addresses provided in Section 1 ( d) hereof. Either party may by proper notice to the other specify a different address for notice purposes.
(k) The text of this Lease shall be construed, in all respects, according to its fair meaning, and not strictly for or against either City or Association. (1) This Lease shall not be recorded, except that if City requests Association to do so, the parties shall execute a memorandum of this Lease in recordable form and Association shall execute and deliver to City on the expiration or termination of this Lease, immediately on City's request, a quitclaim deed to the Premises, in recordable form, designating City as transferee. All expenses incurred shall be borne by City.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
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AITEST:
65277.00001\30940221.1

ROLLING HILLS COMMUNITY

ASSOCIATION OF RANCHO PALOS
VERDES
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101
102
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Agenda Item No.: 8.I
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT SAMARIO, FINANCE DIRECTOR
THRU: DAVID H. READY
SUBJECT: ADOPT RESOLUTION NO. 1338 SETTING THE RATE FOR REFUSE SERVICES IN THE CITY AT $1,432.11 PER PARCEL AND FINDING THE

SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
DATE: June 26, 2023
BACKGROUND:

In February 2023, the City initiated its efforts to develop the budget for fiscal year 2023/24, which would ultimately be adopted in late June 2023 and be effective July 1, 2023. Based on preliminary revenue and expenditure projections developed in March, it appeared the General Fund was facing a operating deficit of approximately $350,000. Consequently, City Council directed staff to work with the Finance/Budget/Audit (FBA) Committee to develop recommendations to balance the budget.

Over the next several months, staff and the FBA identified a number of budget reductions to lower the deficit. In addition, the FBA and City Council considered the elimination of the existing subsidy provided by the General Fund to the Refuse Fund, which would fully balance the budget. Starting in fiscal year 2016, the City froze annual refuse rates at $1,100 per parcel.

As the costs to provide refuse services increased each year, the General Fund contributed (subsidized) the difference from General Fund unrestricted revenues. For fiscal year 2023/24, the subsidy is estimated at approximately $227,000.

Since revenue and expenditure projections were still subject to change as we approached fiscal year-end and more information became available, in particular property tax revenues, Council directed staff to send out notices to affected residents in case refuse rates needed to be increased to balance the budget.

The purpose of the public hearing is to allow City residents the opportunity to comment on the potential rate increase. However, residents wishing to officially protest the potential rate increase must do so in writing prior to the hearing date and time.

State law requires both an advanced notice to affected residents and a public hearing be held 105
to allow for City residents to comment and for Council to consider any all protests received by 4:30 p.m. on June 12.

DISCUSSION:

On June 12, 2023, the City held a duly notice hearing pursuant to Section 6(a) of Article XIII D of the California Constitution (Proposition 218) regarding the increasing of the maximum refuse rates in the City. A final request was made for written protests during the hearing. The City Clerk reported the total written protests received as eight (8.) The protests did not reach the majority threshold necessary of 376. The City Council approved a motion setting the ceiling using the rate in Resolution no. 1337 at $1432.11 per parcel and setting the rate per parcel at that same amount thereby discontinuing the subsidy.

FISCAL IMPACT:

By setting the maximum refuse waste rate to be charged at $1,432.11 per parcel, the City Council has erased the approximately $227,000 subsidy in fiscal year 2023/24.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

ResolutionNo1338_ActualRateForRefuseServices_2023.pdf
106
RESOLUTION NO. 1338

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ROLLING HILLS CALIFORNIA, SETTING

THE RATE FOR REFUSE SERVICES IN THE CITY
AT $1,432.11 PER PARCEL AND FINDING THE

SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

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

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

Section 1. Recitals.

A. The City currently contracts with Republic Services to provide waste hauling and disposal services in the City. Republic Services bills the City directly and the City contracts with the County to bill City residents through the property tax bill for these services.

B. On June 12, 2023, the City held a duly notice hearing pursuant to Section 6(a) of Article XIII D of the California Constitution (Proposition 218) regarding the increasing of the maximum refuse rates in the City.

C. The City did not receive a majority protest at the Proposition 218 hearing and adopted the maximum allowable rate to be charged at $1,432.11 per parcel and determined that the actual rate should be set at the maximum allowable rate.

Section 2. The City Council of the City of Rolling Hills hereby sets the sate for refuse services in the City to the amount of $1,432.11 per parcel.

Section 3. This action is statutorily exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Public Resources Code Section 21080(b)(8) because (i) the increase in charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity, which does not involve any commitment to any specific project that may result in potential significant physical impact on the environment.
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Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 26th day of June, 2023. ______________________________

PAT WILSON
MAYOR
ATTEST:
______________________________

CHRISTIAN HORVATH

CITY CLERK
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Agenda Item No.: 8.J
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: RECEIVE AND FILE CAPITAL IMPROVEMENT PROJECT
ASSIGNMENTS FOR FISCAL YEAR 2023-2024
DATE: June 26, 2023
BACKGROUND:

None.

DISCUSSION:

To assist the City Council and the community's understanding of the current capital improvement projects, this report provides a list of in progress, and pending projects and the staff assigned to delivery of the projects.

1. Crest Road East Utility Undergrounding grant project - City Clerk/Executive Assistant to CM

2. Eastfield Drive Utility Undergrounding grant project - Project Manager APC

3. CalOES/FEMA Vegetation Management grant project - Project Manager APC

4. Solar plus battery backup power for the City Hall campus - Energy Company SitelogIQ

5. The Outdoor Siren System project - Project Manager APC

6. Tennis Courts ADA Improvement project - Project Manager APC

7. City Hall ADA Improvement project - Project Manager APC

8. 8" Sewer Main Along Portuguese Bend Road/Rolling Hills Road - Project Manager AP There are three smaller scale projects.

The little library requested by resident Judith Haenel - Assistant Planner Stephanie Grant
Increase dirt ground (DG) on the areas between City Hall, and the Rolling Hills Community Association Building for seniors attending dinner on the green events.

Assistant Planner Stephanie Grant
The three rail fence along Portuguese Bend Road, near the Main Gate - City Clerk/EATCM
Speed limit signs along major streets in the community - Planning and Community 109
Services Director
FISCAL IMPACT:

The projects assigned to Project Manager Alan Palermo Consulting (APC) is pending approval by the City Council under a separate item on the June 26, 2023 City Council agenda. If approved, the projects assigned to APC would be billed on an hourly basis depending on project needs. If APC's contract for Fiscal Year 2023-2024 is not approved, staff will have to revisit the project assignments and adjust accordingly.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:
110
Agenda Item No.: 8.K
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG,
THRU: DAVID H. READY
SUBJECT: APPROVE CONTINUING WITH ALAN PALERMO CONSULTING FOR PROJECT MANAGEMENT SERVICES DURING FISCAL YEAR 2023-
2024 AND DIRECT STAFF TO PREPARE A FOURTH AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT
DATE: June 26, 2023
BACKGROUND:

In July 2019, the City Council engaged the services of Alan Palermo Consulting (APC) to manage the City's capital improvement projects for Fiscal Year 2019-2020 for four projects:
construction of tennis courts ADA improvements, City Hall ADA improvements, sewer feasibility study phase II, and 2019/2020 annual signage and striping project.

The 2019/2020 annual signage and striping project was completed in April 2020. The sewer feasibility study phase II was completed in May 2020. APC assisted in preparing a design Request for Proposal for the 8" sewer main along Rolling Hills and the City Council engaged NV5 for the engineering design of the 8" line on August 24, 2020.

In September 2020, the City Council amended APC's contract to include additional budget for managing additional projects. The capital improvement projects for Fiscal Year 2020-2021 comprised of the design of the City Hall ADA improvements, the design of the 8" sewer main along Rolling Hills, Block Captain Program communications project, Proposition 68 Per Capita Program allocation, the Crest Road East Utility Undergrounding grant project and a small budget for coordinating with the Rolling Hills Community Association on tennis courts ADA improvements.

In September 2022, the City Council approved the 3rd Amendment to APC's contract for the above-mentioned programs as well as ongoing and/or unanticipated project support.

Over the past year Alan has continued to perform as an invaluable partner supporting and/or coordinating with staff on a variety of projects including Bid / RFP preparation and project management for the HVAC, Standby Generator and Equestrian Fence projects, the Tennis Court ADA project, the City Hall ADA project, the 8" Sewer Main project and the Crest Road 111
Rule 20C Civil Engineering project.

DISCUSSION:

To meet project management needs for Fiscal Year 2023-2024, APC was asked to provide a proposal for services for the following projects:

1. City Hall ADA Improvements

2. Tennis Court ADA Improvements

3. 8-inch Sewer Main along Portuguese Bend Road

4. City Hall Emergency Power Project (Solar)

5. Support City Staff for the Crest Road East / Eastfield Utility Undergrounding Projects and Vegetation Management Grant Projects

6. Miscellaneous Professional Services to support City Projects APC's proposed cost for services in Fiscal Year 2023-2024 is $56,100. Staff recommends an amended agreement with APC for Fiscal Year 2023-2024 based on APC's proposal dated June 20, 2023.

FISCAL IMPACT:

The approved budget for FY 2023-2024 includes $35,000 for project management services assuming no staff vacancies. Certain projects, such as the CalOES/FEMA Vegetation Management grant project, and the Outdoor Siren Project were managed by the City Manager. In light of the pending departure of the City Manager in early July 2023, APC's scope of work was increased resulting a fee of $56,100. This is $21,100 above the budgeted amount. If the fourth amendment to APC's professional services agreement is approved by the City Council, the additional $21,100 would be funded using General Fund Reserve.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CA_AGR_APC_Amend4_2023-2024 City of Rolling Hills RH004R1.pdf 112
Alan Palermo Consulting
2412 Prospect Ave, Hermosa Beach, California 90254 / (310) 717-3244 June 20, 2023 2023-RH004
Ms. Elaine Jeng
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Professional Services – Project Management Services/Consulting Agreement for CIP and Special Projects
Dear Mr. Jeng:

Thank you for the opportunity to be of continued service to the City of Rolling Hills. Pursuant to our discussion and information provided by the City, Professional and Project Management services will be provided as directed by the City of Rolling Hills for the following projects for the period 8/1/23 through 6/30/24:
1) Project Management for the Design of City Hall ADA Improvements per the City’s Transition Plan:
a) Continued oversight and coordinate completion of Construction Documents for the City Hall ADA Improvements with the City’s selected Consultant (Pacific Architecture).

Provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of City Hall ADA Improvement Construction Documents, prepare Bid Documents to solicit construction bids for the ADA Improvements. manage bid process and preparation of Construction Contract with selected contractor. (Note: Construction not expected to begin until 202?-202? Fiscal Year)
c) Prepare Request for Proposal (RFP) to solicit Construction Management firm to oversee the construction phase for the project.
d) Project Management during Construction in the 2023-2024 fiscal year. 2) Project Management / or Support City Staff For Outdoor Siren Project:
a) Provide support to City staff for the undergrounding projects and vegetation management projects
3) Project Management for the Tennis Court ADA Improvements:
a) Continued oversight and completion of Construction Documents for the Tennis Court ADA Improvements
113
Alan Palermo Consulting
b) Provide assistance with internal functions relevant to the project including drafting of staff reports.
c) Serve as the liaison and extension of City Staff to the Rolling Hills Community Association to achieve a set of coordinated design plans including phasing plan for construction activities as needed.
d) Upon completion of Tennis Court ADA Improvement Construction Documents, prepare Bid Documents to solicit construction bids for the Tennis Court ADA Improvements.

Manage bid process and preparation of Construction Contract with selected contractor. e) Prepare Request for Proposal (RFP) to solicit Construction Management firm to oversee the construction phase for the project.
f) Project Management during Construction in the 2023-2024 fiscal year. 4) Project Management for the Design of the 8-inch sewer main along Portuguese Bend Road:
a) Continued oversight of design consultant to finalize improvement plans for Phase 1 (Rolling Hills to Rolling Hills Estate) and Phase II (City of Torrance), serve was the city’s representative with outside agencies relevant to the project, review design plans, conduct outreach meetings with the community as needed/requested, and provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid Documents to solicit construction bids for the Sewer Improvements, manage bid process and preparation of Construction Contract with selected contractor. c) Prepare RFP and evaluate proposals for Construction Management/Inspection of Improvements
d) Project Management during Construction Phase in the 2023-2024 fiscal year. 5) Support City Staff for the Crest Road East / Eastfield Utility Undergrounding Projects and Vegetation Management Project :
a) Provide support to City staff for the undergrounding projects and vegetation management projects
6) Miscellaneous Professional Services to support City Projects:
a) Provide Professional Services when requested by the City to:
i) Prepare RFP’s / Bid Document assistance for other City projects when requested ii) Manage/provide assistance for additional City projects upon request of the City 114
Alan Palermo Consulting
Services will be provided at the specified hourly rate of One hundred sixty-five ($165) dollars per hour. Services are estimated at the schedule listed below for the time periods listed.

Item No. Project Description Time Period Total Hours Total Fee 1 Project Management for the Design of
City Hall ADA Improvements per the
City’s Transition Plan 8/1/2023 - 6/30/2024 80 $ 13,200 2 Project Management for Outdoor Siren
Project 8/1/2023 - 6/30/2024 40 $ 6,600
3 Project Management for the Tennis
Court ADA Improvements 8/1/2023 - 6/30/2024 80 $ 13,200 4 Project Management for the Design of
the 8-inch sewer main along Portuguese
Bend Road/Rolling Hills Road 8/1/2023 - 6/30/2024 60 $ 9,900 5 Support City Staff for the Crest Road
East / Eastfield Utility Undergrounding
Projects and Vegetation Management
Project
8/1/2023 - 6/30/2024 40 $ 6,600
6 Professional Services / Assistance 8/1/2023 - 6/30/2024 40 $ 6,600 Total Hours 340
Total Fee $ - $ 56,100
In that regard, please find enclosed our Standard Provisions of Agreement for your review.

Should you have any questions, please do not hesitate to call me at (310) 717-3244.

Sincerely,
Alan Palermo Consulting
Alan M. Palermo
Alan Palermo, P.E.

Principal/Owner
115
Alan Palermo Consulting

STANDARD PROVISIONS OF AGREEMENT

BETWEEN CLIENT AND ALAN PALERMO CONSULTING
Client and Consultant agree the following provisions are part of their Agreement:

1. Consultant Responsibilities: Consultant shall perform its services in accordance with generally accepted standards of professional practice in Southern California in effect at the time of performance. Consultant makes no warranty, either express or implied, as to its findings, recommendations, plans, specifications, surveys, or professional advice. Consultant’s services will be performed for the benefit of Client and not for any third-party beneficiary. Consultant is an independent contractor and not an employee of Client.

2. Insurance: Consultant shall obtain and maintain in full force, at its own expense, liability insurance coverage as required by the client and agreed to by Alan Palermo Consulting.

3. Indemnification: Each party shall hold harmless and indemnify the other party from and against liability arising from the indemnifying party’s negligent acts, errors, or omissions. If other parties are liable in addition to the indemnifying party, the indemnifying party shall pay only an amount proportional to its degree of culpability.

4. Documents: All of Consultant’s work product and other documents prepared under this Agreement are instruments of service. Consultant grants ownership to Client of its documents prepared under this Agreement, provided Client has paid Consultant all amounts to which the Consultant is entitled. Consultant shall not be liable for the use of its plans, specifications, surveys, and other documents on a project other than that for which they were prepared.

5. Exclusions from Service: Consultant is not responsible for the detection, presence, handling, removal, abatement, or disposal of asbestos or hazardous or toxic substances, products or materials. The Consultant is not responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, since these are solely the construction contractor’s rights and responsibilities. If Consultant is requested to review anything from a construction contractor or supplier, the review is for the limited purpose of checking for conformance with information given and the design concept expressed in the construction documents, and not for the purpose of determining accuracy or completeness or safety precautions, all of which remain the construction contractor’s responsibility. Consultant does not perform geotechnical services and is not responsible for soils or geological conditions.

6. Cost Estimates: Since the Consultant has no control over the cost of labor, materials or equipment, over the construction contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions, the Consultant cannot and does not warrant or represent that bids will not vary from any estimates of construction cost.

7. Delays: Consultant is not responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including but not limited to strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or promptly 116
Alan Palermo Consulting
approve or disapprove of Consultant’s services or instruments of service, or faulty performance or delay by Client, contractors, or government agencies.

8. Suspension of Services: Client may suspend the Consultant’s performance of services by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of suspension. Consultant may suspend its services if Client fails to pay undisputed amounts of Consultant’s invoices within sixty days of receipt of invoice or if Client files or has filed against it a petition under the Bankruptcy Code. The Client and Consultant will re-negotiate the fee if the period of suspension exceeds ninety days.

9. Termination of Services: Client may terminate this Agreement by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of termination. Consultant may terminate this Agreement upon ten days notice of breach by Client, including nonpayment of undisputed fees, provided Client does not cure such breach within ten days of notice of breach. Client shall pay Consultant for all services performed prior to the effective date of termination.

10. Assignment: Neither party may assign this Agreement without the prior written consent of the other.

11. Services: Professional Services shall be provided at the hourly rate stipulated in this agreement unless Client and Consultant enter into a project specific agreement. 117
Alan Palermo Consulting

SCHEDULE OF BILLING RATES
Effective January 1, 2022
Principal/Owner $165.00/Hour
Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client.

Note 2: Reimbursable Expenses: Client shall pay the cost of any applicable reimbursable expenses, plus 15%, incurred on Client's behalf. If requested, Alan Palermo Consulting will provide a computer printout, which details these costs.
118
Agenda Item No.: 8.L
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 AN EMAIL FROM GREG AND ADRIANA

POPOVICH REGARDING THE PROFESSIONALISM OF EC

CONSTRUCTION DURING THE MIDDLERIDGE LANE DRAINAGE

SYSTEM CONSTRUCTION PROJECTS
DATE: June 26, 2023
BACKGROUND:

EC Construction was contracted multiple times by the City of Rolling Hills between January 2022 and May 2023 for emergency construction work on the Middleridge Lane North and South drainage system. Attached is an email from Greg and Adriana Popovich regarding their professionalism.

DISCUSSION:

None.

FISCAL IMPACT:
none.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:

CL_AGN_230626_CC_PopovichEmail_ECC_Redacted.pdf
119
120
121
Agenda Item No.: 11.A
Mtg. Date: 06/26/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT SAMARIO, FINANCE DIRECTOR
THRU: DAVID H. READY
SUBJECT: PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1339 ADOPTING THE FISCAL YEAR 2023/2024 BUDGET AND RESOLUTION NO. 1340 ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR

THE CITY OF ROLLING HILLS
DATE: June 26, 2023
BACKGROUND:

Over the last several months, City staff and Council have worked on developing the proposed budget for the upcoming fiscal year 2023/24. This process ended on June 12, 2023 with the finalization of the revenue estimates and budgeted expenditures.

The budget is now set for adoption through a budget resolution that establishes the spending authority for each department and fund.

In addition to the budget resolution, Council will also be adopting a resolution that establishes the City's appropriation limit as required by Article XIII B of the Constitution of the State of California. The appropriations limit establishes a limit on the amount the City can collect and spend from the proceeds of local taxes. The limit for fiscal year 2023/24 is $2,071,884 and the City is well below the limit at $1,587,844.

The City is holding a public hearing to allow the public to weigh in the proposed budget prior to adoption.

DISCUSSION:

The City's budget consists many different funds that account for a variety of services, programs and projects. The General Fund is the City's main operating fund where most of the City's services provided to the City's residents are accounted for. As with most city General Funds, the primary revenues are derived from local and state taxes. The City also has several special revenue funds to account for revenues that are restricted as to their use; a capital projects fund to account for large capital improvement projects that often take more than one year to complete; and Refuse enterprise fund that accounts for waste collection and disposal services provided by contract to City residents and paid for from annual assessments to each 122
property. Each of these funds are described in more detail below.

GENERAL FUND
The General Fund budget includes a total of $2,555,457 in ongoing operating expenditures, funded from $2,762,294 in revenues, leaving an operating surplus of $206,837. The lone capital project is for a solar/battery back-up project for the City Hall building budgeted at $250,000, which after using the budget surplus will require $43,163 from available reserves to cover the balance of costs.

The General Fund accounts for the ongoing and traditional services associated with local government, including public safety, planning, building, finance, and administration.

RESTRICTED FUNDS
Transit/Transportation Funds
The City receives revenues, primarily from the County, that are restricted for specific purposes. These include the allocation of special sales tax measures approved by Los Angeles County voters over the last several decades that are restricted to transit and transportation programs and projects. The measures include Proposition A, Proposition C, Measure R, and Measure M. In total, the City anticipates receiving $166,050 next fiscal year.

Since the City of Rolling Hills does not own and operate transit system and, in fact, has no transit service provided within the City limits, nor does the City own and maintain any public roads, the funds received pursuant to the four tax measures are either gifted to other agencies or exchanged for unrestricted monies with other agencies that can utilize the funds in accordance with their intended uses. Revenues estimates for fiscal year 2023-24 assume a growth of approximately 3% from the current year projections.

COPS Fund
The City also maintains a COPs Fund for monies received from the County’s Supplemental Law Enforcement Services Fund, created in 2009 through an increase statewide to vehicle license fees. The revenues can only be used for supplemental law enforcement services and not to supplant existing funding from the General Fund for law enforcement. The revenues estimated for next fiscal year of $165,000 is in line with current year revenues.

Measure W Fund
The City receives an allocation of the countywide special parcel tax pursuant to the Measure W (Safe, Clean Water Act) for parcels located within the Los Angeles County Flood Control District. These revenues are intended for storm water recycling and water quality improvement projects and programs. The City receives a single payment each year for the full annual allocation. The estimated allocation for fiscal year 2023/24 is $105,500.

CAPITAL PROJECTS FUND
The only capital project being funded for fiscal year 2023/24 is to install solar panels on City Hall and battery back-up system to ensure the City can maintain operations in the case of a systemic power outage. In cases of emergencies, such as a wildfire, it is important for City 123
Hall to be available during emergencies to be able to coordinate emergency operations and services. The project is currently estimated at $250,000.

ENTERPRISE FUND
Refuse Fund
The Refuse Fund is the City’s only enterprise fund. Enterprise funds are typically used to account for utilities owned and operated by governments, such as water, wastewater, electricity, and refuse, and other operations that are similar to those provided by the private sector, such as airports and golf courses.

The Refuse Fund accounts for the contracted waste collection and disposal for all City of Rolling Hills residents. The fees charged to City residents are processed as a “Direct Assessment” through the County Assessor’s Office, which means the annual assessment is added to the property tax bill sent to property owners by the County and is payable in two installments. Thus, the payments the City receives from the County for refuse services coincide with the payments we receive for regular property taxes.

For the first time since fiscal year 2016, the City has raised refuse rates sufficient to fully cover the cost of refuse services provided by contract to City residents. Starting in fiscal year 2023/24, the annual assessment will increase from $1,100 to $1,432.11 per parcel. This will generate slightly more than $1 million and will not require any General Fund contribution to cover the cost of refuse services.

FISCAL IMPACT:

The adopted budget sets forth the spending plan for the City.

RECOMMENDATION:

Staff recommends the City Council hold a public hearing and, following the close of the hearing, adopt the budget and appropriations limit resolutions.

ATTACHMENTS:

CL_AGN_230626_CC_GeneralFund_BudgetSources_UsesOfFunds.pdf CL_AGN_230626_CC_FY2023-24_GeneralFundRevenues.pdf
CL_AGN_230626_CC_FY2023-24_GeneralFund_BudgetedExpenditures.pdf CL_AGN_230626_CC_FY2023-24_ProposedBudget_OtherFunds.pdf ResolutionNo1339_FY2023-24_AdoptedBudget.pdf
ResolutionNo1340_FY 23-24_AppropLimit.pdf
124
Adopted
Budget
Operating Revenues $ 2,762,294
Operating Expenditures 2,555,457
Operating Surplus (Deficit) 206,837
Capital Transfers (250,000)
Budgeted Use of Reserves $ (43,163)

CITY OF ROLLINGS HILLS
Sources and Uses of Funds
General Fund
125
Property Taxes $ 1,496,250
Sales Taxes 13,905
Property Transfer Tax 56,222
Other Taxes 1,000
Motor Vehicle In Lieu 269,267
Building & Other Permits 600,000
C&D Permits 5,600
Variance, Planning & Zoning 67,000
Animal Control Fees 150
Franchise Fees 13,000
Fines & Traffic Violations 3,500
Cost Recoivery - Publications 7,200
RHCA Lease Revenue 69,000
Public Safety Aug Fund 1,200
Interest on Investments 110,000
PARS Earnings 20,000
Miscellaneous Revenue 5,000
Transfers In - Refuse Fund 24,000
TOTALS $ 2,762,294

CITY OF ROLLING HILLS
General Fund
Fiscal Year 2023/24 Adopted Revenues
126
Adopted
Budget
01 - CITY ADMINISTRATOR
702 Salaries -Full Time $ 505,294
705 Temporary Salaries 7,000
710 Retirement CalPERS-Employer 46,935
712 CalPERS Unfunded Liability -
715 Workers Compensation Insurance 9,100
716 Group Insurance 72,907
717 Retiree Medical 37,500
718 Employer Payroll Taxes 39,401
719 Deferred Compensation 4,718
720 Auto Allowance 4,800
721 Phone Allowance 2,520
740 Office Supplies 13,000
745 Equipment Leasing Costs 11,000
750 Dues & Subscriptions 14,240
755 Conference Expense 1,873
757 Meetings Expense 2,000
759 Training & Education 5,000
761 Auto Mileage 500
765 Postage 21,000
775 City Council Expense 5,000
776 Miscellaneous Expenses 4,750
780 Comm./Newsletters & Outreach 5,000
785 Codification 3,000

CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
1 Page: 1127
Adopted
Budget

CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
790 Advertising 2,400
795 Other Gen Admin Expense 2,500
801 City Attorney 90,000
802 Legal Expense - Other 3,000
820 Website 6,000
850 Election Expense City Council -
890 Consulting Fees 35,000
891 Records Management 1,700
Total City Administrator 957,138
05 - Finance
750 Dues & Subscriptions 3,000
810 Annual Audit 31,400
890 Consulting Fees 120,000
Total Finance 154,400
15- PLANNING & DEVELOPMENT
702 Salaries 212,515
703 Salaries - Part-Time 27,610
710 Retirement CalPERS-Employer 16,750
715 Workers Comp. Insurance 3,900
716 Group Insurance 42,669
718 Employer Payroll Taxes 18,527
719 Deferred Comp 865
2 Page: 2128
Adopted
Budget

CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
720 Auto Allowance 1,200
721 Phone Allowance 600
761 Auto Mileage 300
750 Dues & Subscription 5,500
755 Conference Expense 385
759 Training & Education 1,000
790 Publication/Advertising/Noticing 15,000
802 Legal Expenses-Other 10,000
872 Property Development-Legal Exp 50,000
875 Willdan Building 30,000
878 Build Inspect. LA County 250,000
881 Storm Water Management 84,100
884 Special Project Study & Consult. 20,000
886 Code Enforcement 62,880
890 Consulting Fees (Onward) -
928 Traffic Engineering 5,000
Total Planning & Development 858,801
25 - Public Safety
830 Law Enforcement 255,000
833 Other Law Enforcement Exp 4,000
837 Wild Life Mgmt & Pest Control 6,000
838 Animal Control Expense 5,000
Total Public Safety 270,000
3 Page: 3129
Adopted
Budget

CITY OF ROLLING HILLS
FY 2023/24 Expenditure Budget
Final Adopted Budget
Department/Object Account
65 - NON-DEPARTMENTAL
895 Insurance & Bond Expense 37,018
901 South Bay Comm. Organization 10,000
915 Community Recognition 10,000
917 Emergency Preparedness 77,000
Total Non-Departmental 134,018
75 - CITY PROPERTIES
892 IT Services 61,200
893 Granicus Services 8,300
894 Computer Hardware Fund 5,000
925 Utilities 60,000
930 Repairs & Maintenance 16,000
932 Area Landscaping 15,600
946 Buildings & Equipment 15,000
Total City Properties 181,100
TOTALS BEFORE TRANSFERS 2,555,457

OPERATING TRANSFERS OUT
999 Capital Impr Fund (Fund 40) 250,000
Total Transfers Out 250,000
GENERAL FUND TOTAL $ 2,805,457
4 Page: 4130
Adopted
Budget
10 - COPS FUND
Revenues
570 COPS Allocation $ 165,000
Expenditures
840 COPS Program Expenditures 165,000
Revenues Over (Under) Expenditures $ -
25 - PROPOSITION A FUND
Revenues
500 Grant Revenues $ 52,000
670 Interest Earned 300
Total Revenues 52,300
Expenditures
620 Prop A Exchange -
Revenues Over (Under) Expenditures $ 52,300
26 - PROPOSITION C
Revenues
501 Grant Revenue-Prop C $ 43,000
670 Interest Earned 250
Total Revenues 43,250
Expenditures
906 Prop C Gifted -
Revenues Over (Under) Expenditures $ 43,250
27- MEASURE R TRANSIT
Revenues
502 Measure R Grant Revenues $ 33,000
670 Interest Earned 250
Total Revenues 33,250
Expenditures
907 Measure R Gifted -
Revenues Over (Under) Expenditures $ 33,250

CITY OF ROLLING HILLS
Fiscal Year 2023/24 Final Budget
Restricted, Capital, and Refuse Funds
1 131
Adopted
Budget
29 - MEASURE M
Revenues
507 Measure M Local Return $ 37,000
670 Interest Earned 250
Total Revenues 37,250
Expenditures
XXX Measure M Gifted -
Revenues Over (Under) Expenditures $ 37,250
30 - MEASURE W
Revenues
508 Grant Revenues $ 105,000
670 Interest Earned 500
Total Revenues 105,500
Expenditures
913 Storm Water Management - 30% 31,650
914 Storm Water Management - 70% 73,850
105,500
Revenues Over (Under) Expenditures $ -
40 - CAPITAL PROJECTS FUND
Revenues
Transfers from General Fund $ 250,000
250,000
Expenditures
899 Outdoor Siren System - Design & Constr -
935 Tennis Court Improvenments -
947 Non-Building Improvements -
949 Battery/Solar Back-Up 250,000
961 Middleridge Road Emergency Storm Drain Repairs -
962 Phase 1 Bifurcated 8" Sewer Main Engineering -
963 Generator & Waterproof Removal and Electrical Svcs - 964 HVAC Replacement Project -
Total Expenditures 250,000
Revenues Over (Under) Expenditures $ -
2 132
Adopted
Budget
50 - REFUSE FUND
Revenues
441 Construction & Demo Permits $ -
665 Service Charges 1,005,336
699 Transfers In - General Fund -
Total Revenues 1,005,336
Expenditures
815 Refuse Service Contract 981,336
790 Advertising -
999 Transfers Out 24,000
Total Expenditures 1,005,336
Revenues Over (Under) Expenditures $ -
3 133
Resolution No. 1339 -1-
RESOLUTION NO. 1339

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ROLLING HILLS ADOPTING THE FISCAL
YEAR 2023-24 CITY OF ROLLING HILLS BUDGET

RECITALS
A. Members of the Rolling Hills City Council opened a public hearing on Monday, June 27, 2022 to consider the recommended Fiscal Year 2023-24 City of Rolling Hills Proposed Budget; and
B. Following the public hearing on the Fiscal Year 2023-24 City of Rolling Hills Proposed Budget, members of the Rolling Hills City Council desire to adopt said document.

NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE ROLLING HILLS CITY COUNCIL AS FOLLOWS:

Section 1. Members of the City Council hereby adopt the Fiscal Year 2023-24 City of Rolling Hills Budget, attached hereto as Exhibit A and incorporated herein by reference.

Section 2. Appropriations in the amount not to exceed $2,805,457 (budget and budget contingency) are authorized in the Fiscal Year 2023-24 General Fund Budget for the purpose of carrying on the business of the City for general government, public safety, public service, and other items.

Section 3. Appropriations in the amount not to exceed $1,525,836 are authorized in the various funds for carrying on the business of the City: COPs Fund, Proposition A Fund, Proposition C Fund, Measure R Fund, Measure M Fund, Measure W Fund, Capital Project Fund, and Refuse Fund.

Section 4. The City Manager may transfer appropriations between and among all departments, as defined in the Fiscal Year 2023-24 budget in order to ensure revenue and expenditures correspond to the intent of the City Council. The legal level of appropriated budgetary control, that is the level at which expenditures may not exceed appropriations, is at the department level for the General Fund and at the fund level for all other funds. Supplemental appropriations during the year must be approved by the City Council. All unexpended budgetary appropriations lapse at the end of the fiscal year.

Section 5. The Mayor is hereby directed to sign this Resolution, and the City Clerk is directed to attest thereto.

PASSED, APPROVED AND ADOPTED this 26th day of June, 2023. 134
Resolution No. 1339 -2-
____________________________________
Patrick Wilson
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
135
Resolution No. 1339 -3-

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF ROLLING HILLS )
The foregoing Resolution No. 1339 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ADOPTING THE FY 2023-24 CITY OF ROLLING

HILLS BUDGET
was approved and adopted at a regular meeting of the City Council on the 26th day of June, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTIAN HORVATH

CITY CLERK
136
Resolution No. 1339 -4-

EXHIBIT A
01 - General Fund
City Administrator $ 957,138
Finance Department 154,400
Planning & Development Department 858,801
Public Safety 270,000
Non-Departmental 134,018
City Properties 181,100
Transfers Out 250,000
Total General Fund $2,805,457
Other Funds
10 - COPs Fund $ 165,000
25 - Proposition A Fund -
26 - Proposition C Fund -
27 - Measure R Fund -
29 - Measure M Fund -
30 - Measure W Fund 105,500
40 - Capital Projects Fund 250,000
50 - Refuse Fund 1,005,336
Total Other Funds $1,525,836

CITY OF ROLLING HILLS
Fiscal Year 2023-24 Adopted Budget
137
Resolution No. 1340 -1-
RESOLUTION NO. 1340

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ESTABLISHING THE 2023-24 FISCAL

YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF
ROLLING HILLS.

WHEREAS, the City of Rolling Hills has heretofore established its Base Year Appropriations Limit as $256,941; and
WHEREAS, to the best of this City's knowledge and belief, the State Department of Finance figures reflect the following statistics relevant to the calculation of the 2023-24 Fiscal Year Appropriations Limit:

California per capita personal income, 4.44% (four point four four percent).

Population Adjustments for County of Los Angeles for FY 2023-24, -0.75% (negative zero point seven five percent).

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

Section 1. Based on the foregoing figures and the provision of Article XIII B of the Constitution of the State of California, the following figure accurately represents the 2023-24 Fiscal Year Appropriation Limit of the City of Rolling Hills: $2,071,884 Section 2. The City Clerk shall certify to the passage of Resolution No. 1340.

PASSED, APPROVED AND ADOPTED this 26th day of June, 2023. ____________________________________
Patrick Wilson
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
138
Resolution No. 1340 -2-

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF ROLLING HILLS )
The foregoing Resolution No. 1340 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ESTABLISHING THE 2023-24 FISCAL

YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF
ROLLING HILLS.
was approved and adopted at a regular meeting of the City Council on the 26th day of June, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTIAN HORVATH

CITY CLERK
139
Agenda Item No.: 12.A
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 A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 TO ADDRESS THE UTILITY

CONFLICT IDENTIFIED IN THE DOWNSTREAM SEWER MAIN AS A
PART OF THE 8" SEWER MAIN LINE ALONG PORTUGUESE BEND
ROAD/ROLLING HILLS PROJECT.

DATE: June 26, 2023
BACKGROUND:

The City released a Request for Proposal and engaged the services of NV5 in 2020 to provide engineering design for the 8" sewer main along Portuguese Bend Road/Rolling Hills Road.

Since the commencement of the design work, NV5 has met the 65% design, 90% design, and the 100% design milestones. This proposed sewer main crosses several jurisdictions and approval from each jurisdiction is necessary before the project is deemed complete. The additional jurisdictions reviewing the plans are Rolling Hills Estates and City of Torrance.

During the review process for the construction documents, the City of Torrance made several requests requiring additional design services in order to approve the plans. The additional design services are necessary to obtain approval from the City of Torrance and proceed to the construction phase of this project. A proposal to amend NV5's PSA was presented to City Council April 25, 2022 at which time City Council directed staff to look at bifurcating the project into phases and identify options to do so.

Phase 1 would include the new 8-inch downstream sewer improvements in Rolling Hill and Rolling Hills Estates needed to connect Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts to the existing public sewer system in Rolling Hills Estates.

Phase 2 would involve the downstream sewer improvements in the City of Torrance (upsizing existing sewer) along Rolling Hills Road from Lariat Lane to Crenshaw Boulevard.

Per the City Council's direction at the April 25, 2022 meeting, staff confirmed with the cities of Rolling Hills Estates and Torrance as well as LACDPW that the proposed 8-inch sewer main along Portuguese Bend Road/Rolling Hills could be phased as previously described on the condition that the Sanitary Sewer Improvement Feasibility Study prepared by Willdan 140
Engineering be updated. All agencies wanted to confirm that the existing sewer main lines in Rolling Hills Estates and the City of Torrance have the capacity to accept effluent from the City Hall campus and the Tennis Courts (Phase 1) without upsizing downstream segments.

In accordance with the City Council's direction to phase the project, in September 2022, NV5 provided a proposal to bifurcate the 8" Sewer Main Improvement Plans and update construction documents for Phase I only. This effort includes updating the construction documents to reflect only Phase I improvements and includes construction support, record drawing preparation, and optional service to design the sewer connection to City Hall and Rolling Hills Community Association building. In order to pursue grants to construct Phase 1 of the project, a set of completed construction document ready to be advertised for bids is necessary. The City Council decided not to use General Fund revenues or reserves and directed staff to pursue grant funds for the construction of the project. At the January 23, 2023 City Council meeting, the Council directed staff to prepare an amended professional Service agreement with NV5 in the amount of $23,670.

DISCUSSION:

City staff has requested a proposal from NV5 to update construction documents for Phase II of the Sewer Main Improvement Project. Phase II of the project involves upsizing existing sewer mains within the jurisdiction of the City of Torrance to accommodate future flows from Rolling Hills. In the process of obtaining approval from the City of Torrance, NV5 advised city staff that there could be an utility conflict with the upsizing of the existing sewer line. The City of Torrance requested field information on the utility conflict as a part of their review of the city's improvement plans. To address the utility conflict, NV5 proposed to pothole to have accurate information on existing utility. To date, and to minimize design cost, NV5 has been using record drawings of past projects. NV5 will use the site information to mitigate the utility conflict. NV5 has submitted a proposal in the amount of $119,645 for this additional effort. This effort includes budget for potholing, traffic control plans, updating the plans based on utility locations confirmed during the potholing, and an optional budget to relocate a waterline if required.

In 2022, city staff applied for construction funds for the 8" sewer main project through Congressman Ted Lieu's office. The project was not selected for funding. In 2023, city staff again applied for construction funds for the project and this time Congressman Lieu's office worked to submit the project to the Appropriations Committee for consideration. Congressman Lieu's office is hopeful that the project will receive funding through the Community Funding Program for $1.8M.

In preparation for construction with funds from Congressman Lieu's office, staff recommends that the City Council approve the current amendment with NV5 to complete the design of Phase II of the 8" Sewer Main Line along Portuguese Bend Road/Rolling Hills Road project.

FISCAL IMPACT:

The sewer studies completed by Willdan cost $63,417, including the two Will Serve letters from the Los Angeles County Sanitation District, and the recent supplemental sewer study to bifurcate the project into two phases. To date, the City Council approved $104,886 of design fee for NV5 for the 8" Sewer Main Line along Portuguese Bend Road/Rolling Hills project.

Combined, the city has invested $168,303 into the project.

If the City Council approves staff's recommendation, NV5's fee of $119,645 will be funded 141
using General Fund Reserves.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf
CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5_E.pdf NV5_City of Rolling Hills_Sewer Main Torrance Additions_06.20.2023R.pdf 142
143
144
145
146
147
148
149
150
151
152
153
154
155
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157
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159
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173
163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 June 20, 2023
City of Rolling Hills
Attn: Alan Palermo
2 Portuguese Bend Road
Rolling Hills, CA 90274
Subject: Rolling Hills Portuguese Bend Sewer Main Improvement Project – Torrance Set of Traffic Control Plans, Potholing, Updated Sewer Design, Waterline Relocation Dear Mr. Palermo,
NV5 is currently completing the design for the Rolling Hills Portuguese Bend Sewer Main Improvement Project for the City of Torrance (City). The project impacts the intersection of Crenshaw Boulevard and Rolling Hills Road, along with Rolling Hills Road itself on both sides of the street. The City of Torrance has recently requested an engineered traffic control plan in order for the contractor to install the new sewer.

NV5 will follow the appropriate applicable standards such as City, County, and State Standard Plans and Specifications, APWA Standard Specifications for Public Works Construction “Greenbook,” and Manual of Traffic Uniform Control Devices.

It appears due to the alignment of the sewer, the traffic control will have to be phased. For the first phase, the majority of Rolling Hills Road is a 60-foot travel way with the sewer running near the centerline of the street. To address this, NV5 will be able to design traffic control to allow the contractor to work in the center of the roadway with a single lane of traffic on each side of the roadway with “no street parking” posted. For the second phase, the sewer moves to one side of Rolling Hills Road, so traffic will be switched to the opposite side of the road, again with a single lane of traffic each way with “no street parking” posted.

NV5 will prepare traffic control plans for the intersection of Crenshaw Boulevard with Rolling Hills Road along with Rolling Hills Road within the above three phases. NV5 will prepare a base map for the project area based on Google Earth images since these required traffic control plans are outside of our original survey limits. NV5 will assume that the City of Torrance will review the plans and has planned for a submission to the City of Torrance and a resubmission upon the incorporation of the City’s initial comments. Gerald Tom, PE, TE, a State of California Registered Traffic Engineer, will supervise the preparation of the traffic control plans by our CAD Designer, Rafael Gutierrez, who is already familiar with the project, having previously completed the sewer design drawings for the City of Torrance.

NV5 will work with a subcontractor to perform the potholing. NV5 understands that the subcontractor’s crew is subject to prevailing wages and NV5 will mark up the subconsultant costs by 15%. The potholing will include the City of Torrance permits currently listed on the City’s website for $1,561, and traffic control plans required for permitting which we are assuming $2,500 for, as well as hot patch back of the pothole locations at an additional $2,500 for the two water lines (8-inch and 6-inch to fire hydrant) and 72-inch storm drain pothole as shown on the following sketch. 174
June 20, 2023

NV5 will update the design to reflect the pothole information for the potholes on Station 12+43.44 to Station 10+34.94. We will include updates to the specifications for pipe sleeves as required at crossings.

NV5 assumes two resubmittals to the City of Torrance for review.

We have included an optional scope and fee to design/revise the existing 8-inch and 6-inch waterlines that would allow for the sewer design. NV5 assumes one sheet each for the 8-inch waterline and the 6- inch waterline with the plan and profile, plus one standard sheet.

No additional utility investigation will be added, as it is assumed that the prior utility investigation for the sewer line in the same vicinity will be sufficient for the water lines. NV5 will update the specifications for the waterlines, including the bid schedule, pipeline material, disinfection and testing process, as well as AVAR valves at each end. NV5 assumes two submittals to the City of Torrance for review.

The fee to provide these services is as follows on the next page:
175
June 20, 2023

PROJECT

MANAGER

PROJECT

ENGINEER

TRAFFIC

CONTROL

ENGINEER CAD DESIGNER
TASK
NO.

WORK
DESCRIPTION $195 $155 $170 $135 Cedro ODC's * FEE *
Hours $ Hours $ Hours $ Hours $ Construction
*
1 Prior Torrance Submittals 2 $390 8 $1,240 $0 24 $3,240 $4,870 2 Traffic Control Plans for Final Design

2.1 Preparation of Three Phased Traffic
Control Plans 8 $1,560 16 $2,480 24 $4,080 90 $12,150 $20,270

2.2 1st Submittal Corrections to City of
Torrance & 2nd Submittal 4 $780 8 $1,240 12 $2,040 24 $3,240 $7,300 3 Potholing

3.1 Permits (If Applicable, $1561 Per
2021 Fee Schedule) 4 $780 8 $1,240 $0 $0 $1,795 $3,815

3.2 Up To Three Days Potholing (up to
3 days @ $41,630 sub) $0 24 $3,720 $0 $0 $41,630 $45,350

3.3 Up to Six Hot Patch of 2x2 Potholes
($2500) $0 $0 $0 $0 $2,500 $2,500

3.4 Traffic Control Plans (If Needed Up to
$2500 If Not WATCH) $0 $0 $0 $0 $2,500 $2,500
4 Design Updates from Pothole
Information on Torrance Set

4.1 Update the Torrance Set 4 $780 16 $2,480 $0 24 $3,240 $6,500

4.2 Two Resubmittals to the City of
Torrance 2 $390 6 $930 $0 16 $2,160 $3,480
Subtotal Task 1-4 24 $4,680 62 $13,330 36 $6,120 178 $24,030 $46,630 $1,795 $96,585 5 Optional Scope for Waterline Redesign

5.1 Two Additional Sheets Plus One
Standard Sheet 4 $780 24 $3,720 $0 60 $8,100 $12,600

5.2 Two Resubmittals to the City of
Torrance 2 $390 6 $930 $0 16 $2,160 $3,480

5.3 Update Specifications for Waterlines 2 $390 24 $3,720 $0 $0 $4,110

5.4 Update Cost Estimate for Waterlines 2 $390 16 $2,480 $0 $0 $2,870 Subtotal Task 5 10 $1,950 70 $10,850 0 $0 76 $10,260 $0 $0 $23,060 Subtotal Task 1-5 34 $6,630 132 $24,180 36 $6,120 254 $34,290 $46,630 $1,795 $119,645 Total Fee $119,645
* Subconsultant and ODC's are Marked Up 15%
The method of compensation will be based on time and materials in accordance with the rates provided in this fee proposal. The estimated hours are listed for each task and the actual hours may vary. The total compensation for the services and work rendered will not exceed the total fee.

We greatly appreciate your consideration of this matter and we thank you for the opportunity to work with the City on this project. Should you have any questions or require additional information, please contact me at 951.377.1566 or via email at [email protected].

Respectfully submitted,
NV5
Luanne Bean, MS, PE Jeffrey M. Cooper, PE
Director of Water & Waste Water Operations Senior Vice President PN: P27023‐0003974.00
176
Agenda Item No.: 12.B
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 TENNIS COURTS ADA IMPROVEMENT PROJECT DESIGN; AUTHORIZE STAFF TO ADVERTISE FOR CONSTRUCTION BIDS; AND

APPROVE LANDSCAPING DESIGN FOR THE TENNIS COURTS
DATE: June 26, 2023
BACKGROUND:

As reported to City Council at the June 12, 2026 City Council Meeting, city staff and the Rolling Hills Community Association (RHCA) held a coordination meeting in May 2023. At this meeting, it was communicated that the City's Tennis Courts ADA Improvement Project would incorporate the grading and retaining wall to support the RHCA's Cabana improvement/amenities project. This addition to the city's improvement plans was determined based on the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. City staff, RHCA, and Bolton Engineering have held two subsequent coordination meetings on June 6, 2023 and June 14, 2023 to discuss outstanding items and update all parties.

The RHCA has engaged the design consultant to update previously prepared plans for landscaping, irrigation and lighting improvements at the tennis courts. These improvements will be presented to the City Council for discussion in the coming months. In 2017 when the city decided to bring the tennis courts into compliance with ADA, these improvements were not included in that decision.

The next steps in the process include a review of the city's improvement plans by the RHCA Architectural Committee which was completed on June 13, 2023. The city's improvement plans were approved by the committee. The remaining outstanding review comment by Los Angeles County Building and Safety (LACBS) is to provide approval of the improvement plans from Planning Department and the RHCA. Bolton Engineering resubmitted plans with these required approvals for a final round of plan check on June 15, 2023. Staff anticipates that the Tennis Courts Improvement Project will be ready to advertise for construction bids in July 2023.

DISCUSSION:
177
Planning ahead regarding release of the Tennis Court ADA Improvement project for construction bid, several other projects with RHCA in the lead are being coordinated to ensure the improvements account for these future projects. These projects include the new Cabana, revising the landscape, irrigation, and lighting plans, and a retaining wall submittal. The plans for the new Cabana are scheduled to be submitted to LACBS in early July 2023. Once the plans for the Cabana are completed for first submittal to LACBS, the RHCA will present to City Council at a future meeting for feedback. The previously approved landscape, irrigation, and lighting plans (approved in 2016) for the tennis court facility to support the city ADA Improvement Plans will be revised to reflect the changes to the site since they were first approved. Bolton Engineering will be handling the retaining wall submittal to LACBS.

To help facilitate updating the landscape, irrigation, and lighting plans, the City has proposed to take on the $10,000 fee to update the plans including any calculations necessary to comply with water efficient landscape requirements to continue progress with improvements to the tennis courts.

FISCAL IMPACT:

In previous years, the City Council received construction estimates for the project and listed $300,000 in past Capital Improvement Plans. However, in the adopted budget for Fiscal Year 2022-2023, the City Council did not allocate funds for the project. In the approved budget for Fiscal Year 2023-2024, the City Council allocate budget to the project.

If the City Council directs staff to advertise the project for construction bids, and approves an allocation for $10,000 for the landscape, irrigation and lighting plans for the tennis courts, a total of $310,000 would be needed using General Fund Reserves.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:
011917 L-1.pdf
2023-06-16 Tennis Court ADA Letter of Approval & Permit.pdf GR2301100001 Agency Referral.pdf
GR2301100001 ESCP Review Sheet 1.pdf
GR2301100001 Grading Review Sheet 1.pdf
178
PA
ASPH
485.3 (EX)
485.4 (EX)
488.6 (EX)
489.5 (EX)
489.7 (EX)
496.7 (EX)
495.0 (EX)
493.5 (EX)
485.2 (EX)
493.2 (EX)
489.1 (EX)
488.7 (EX)
485.2 (EX) 500 S 66°49'30" E 167.95'
N 25°29'55" E
333.74'

TENNIS COURT

TENNIS COURT
485.3 (EX)
485.4 (EX)
485.6 (EX)
490.5 (EX)
488.3 (EX)
490.6 (EX)
488.7 (EX)
486.6 (EX)

TENNIS COURT
489.8 (EX)
493.5 (EX)
494.4 (EX)
497.3 (EX)
497.7 (EX)
498.6 (EX)

AC BERM

CONC CURB
N 25°29'55" E
282.16'

PREVIOUS AERIAL TOPO, NOT FIELD CHECKED

PREVIOUS AERIAL TOPO,

NOT FIELD CHECKED
PORTION OF LOT 25

ROLLING HILLS TRACT
M.B. 201, PGS 29-35
M.B. 201, PGS 29-35 25' SIDEYARD

SETBACK
50' REARYARD SETBACK 25' SIDEYARD
SETBACK 25'
485
490
495
490
485
495
FS488.9
FS488.6
FS485.2
FS486.0
ADA
4%
BS485.4
<1%
FS486.7
ADA

4.8%
ADA
5%
FG485.4
TW488.2
BW487.7
TW488.7
BW487.7
FS491.2
FS490.6
TC493.8
BC493.3
ADA
5%
TS488.9
TS486.5
PA
ADA
5%
ADA

8.33%
FS492.0
486.4
FS486.7
FS487.6
PA
491
492
493
FS492.1 FS491.3
ADA

8.0%
ADA

8.0%
PA
FS489.0 PA
TC493.5
BC493.0
FG492.6
PA
PA
TW491.0
BW489.0
TW488.5
TW488.0
BW486.5
TW489.1
BW488.6
TW487.2
BW486.7
490
489
488
487
TW488.5
PA
DG
ADA

4.8% PA
PA PA
PA
PA
486
FS489.1
FS486.2
486.1
486.1

HANDICAP PARKING
AREA
BS486.2
TS488.2
FG485.6
TW488.2
DG
5' WHEEL CHAIR MANEUVERING

SPACE DG
60"
BS487.2 TS487.2
TS491.2
BS490.2
TS490.2
BS489.2
TW486.9
BW485.4
TW489.4
BW488.9
FG485.6
TW491.0
BW489.0
TW489.1
BW488.6
TW489.1
BW487.7
TW488.2
BW487.7
TW489.7
BW488.2
TW487.7
BW486.2
TW491.7
BW489.0
FG487.4
TW492.0
BW489.9
TW489.2
BW488.7
TW490.6
BW488.7
TW490.6
BW489.7
FS491.5
TW490.5
BW489.0
TW490.5
BW489.0
TW489.2
BW486.2
TW489.7
BW488.7
TW488.0
BW486.2
TW488.0
BW486.5
TC486.5
TW490.4
BW488.9
TW487.6 BS485.5
ADA
5%
FG485.5
PA
TW493.5
FG490.0
TW491.0
BW490.0
PA
PA
PA
PA
PA 5'
TW488.0
BW486.0
TW489.7
BW488.7
TS488.2
FS491.1 FS488.7
TW494.5
BW491.4
TW491.7
PA BW491.4
TW489.7
BW488.7
TW490.7
BW488.8 TW493.0
BW491.6 PA
FG488.0
TW486.9
BW485.4
TW489.4
BW487.9
ADA

8.0%
ADA

8.0%
PA
TS491.5 BS489.0
TW488.5
TW490.0

ROLLING HILLS

COMMUNITY

TENNIS COURTS

PROJECT TITLE

SHEET TITLE
CHECKED:

DRAWN BY:

DATE:

REVISIONS
PROJECT NO.

SHEET N0.

XREF FILE:

SCALE:

E-mail: [email protected]
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.

LANDSCAPE ARCHITECTURE

HARDSCAPE &

MATERIAL PLAN
L-1
8-10-2015
1/8" = 1'-0"
9-23-2015

RELOCATED

GENERATOR

SHUT OFF

RELOCATED

IRRIGATION

CONTROLLER
EX. UTILITY CABINET
ON CONC. BASE
30" MANHOLE

MED ALERT
4" CLEAN-OUT

ADA HANDRAIL

BOTH SIDE OF

RAMP PROPOSED/NEW
WALL & DOOR 5'
4'-6"
5'-3"
5'-6"
3'-6"
5'-4"
12-07-2015

SLOPED WALL

ENTRY TRELLIS
WALL

ADA PARKING

LA COUNTY CODE STANDARD
SEE SHEET LD-2 & LD-3

ADA HANDRAIL

BOTH SIDE OF
RAMP

SIGN BOARD

W/ LIGHTS
6" CURB
12-09-2015
1-05-2016

PROVIDE CONCRETE PAD
W/ ELECTRICAL, GAS AND H2O
1-13-2016
3'-6" RAMP,
COLORED CONC.
5'-4"'W STAIR W/ ADA

LIGHTS TO STAIR WALL
NOTES:
-ADA TO MEET ALL LA COUNTY CODE AND STANDARDS
-SEE ARCHITECT'S PLANS FOR CABANA & TRELLIS, SECURITY
BUILDING ADA RESTROOM ADDITION, STORAGE SHED.
1-21-2016
0 5 15 30 FEET
3-21-2016
5-16-2016
FIREPIT, 4'-2" DIA.
6"H WALL W/
12"W STONE
CAP
12"H WALL W/
12" STONE
CAP
3'-6" RAMP,
COLORED CONC.

RAMP,
COLORED CONC.
5-24-2016

FLAGSTONE
3'-8" 7'-1"
6'-6"
L-3
A
L-3
B
6-14-2016
26"H COLUMN

W/ CAP & LIGHT
COLORED CONC.

W/ PATTERN

COLUMN W/ STONE VENEER
HEATER

TRELLIS

CABANA ROOF LINE
26"H COLUMN

W/ CAP & LIGHT
4'W RAMP,
COLORED CONC.
18"H WALL W/
12" STONE CAP

FLAGSTONE
STAIR

HANDRAIL
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
6-17-2016

FM SUBMITTAL
11-16-2016

EX DRINKING FOUNTAIN

TO BE REMOVED
7-06-2016

STORAGE
18'X10'

STORAGE SHED,

SEE ARCHITECTS
SHEETS
26"H COLUMN

W/ CAP & LIGHT
18"H WALL W/
12"W STONE CAP 3'-2"
3'-4"
5'-0"
3'-0" 3'-0" 3'-6"

TENNIS COURT

SEATING

EX TENNIS COURTS EX TENNIS COURTS

NATIVE LAWN
AREA
ENTRY
PATIO
6" CURB
11-8-2016

STAIR HANDRAIL

TACK TILE

WARNING
6" CURB BOTH SIDE
6" CURB BOTHSIDE REMOVE

STONE PLAQUE
WALL 3'-0" 3'-8 1/2"
13'-9" 16'-5" 4'-0" 11'-8"
3'-6"
7'-6" 3'-6"
3'-6"
R25'-1 7/8"
3'-10"
10'-9 1/2" 3'-3"
4' RAMP
6" CURB
6" GRATE
11-11-2016
STORM DRAIN 3' MIN. 4'-6" 16'-9" 4'-7" 5'
4'-4"
2'-6" 3'-6"
1-18-2017 5'-4"
9'-2"
8'-4"
30'
5'

PEA GRAVEL
5'H STUCCO WALL
179
PA
ASPH
485.3 (EX)
485.4 (EX)
488.6 (EX)
489.5 (EX)
489.7 (EX)
496.7 (EX)
495.0 (EX)
493.5 (EX)
485.2 (EX)
493.2 (EX)
489.1 (EX)
488.7 (EX)
485.2 (EX) 500 S 66°49'30" E 167.95'
N 25°29'55" E
333.74'

TENNIS COURT

TENNIS COURT
485.3 (EX)
485.4 (EX)
485.6 (EX)
490.5 (EX)
488.3 (EX)
490.6 (EX)
488.7 (EX)
486.6 (EX)

TENNIS COURT
489.8 (EX)
493.5 (EX)
494.4 (EX)
497.3 (EX)
497.7 (EX)
498.6 (EX)

AC BERM

CONC CURB
N 25°29'55" E
282.16'

PREVIOUS AERIAL TOPO, NOT FIELD CHECKED

PREVIOUS AERIAL TOPO,

NOT FIELD CHECKED
PORTION OF LOT 25

ROLLING HILLS TRACT
M.B. 201, PGS 29-35
M.B. 201, PGS 29-35 25' SIDEYARD

SETBACK
50' REARYARD SETBACK 25' SIDEYARD
SETBACK 25'
485
490
495
490
485
495
FS488.9
FS488.6
FS485.2
FS486.0
ADA
4%
BS485.4
<1%
FS486.7
ADA

4.8%
ADA
5%
FG485.4
TW488.2
BW487.7
TW488.7
BW487.7
FS491.2
FS490.6
TC493.8
BC493.3
ADA
5%
TS488.9
TS486.5
PA
ADA
5%
ADA

8.33%
FS492.0
486.4
FS486.7
FS487.6
PA
491
492
493
FS492.1 FS491.3
ADA

8.0%
ADA

8.0%
PA
FS489.0 PA
TC493.5
BC493.0
FG492.6
PA
PA
TW491.0
BW489.0
TW488.5
TW488.0
BW486.5
TW489.1
BW488.6
TW487.2
BW486.7
490
489
488
487
TW488.5
PA
DG
ADA

4.8% PA
PA PA
PA
PA
486
FS489.1
FS486.2
486.1
486.1

HANDICAP PARKING
AREA
BS486.2
TS488.2
FG485.6
TW488.2
DG
DG
60"
BS487.2 TS487.2
TS491.2
BS490.2
TS490.2
BS489.2
TW486.9
BW485.4
TW489.4
BW488.9
FG485.6
TW491.0
BW489.0
TW489.1
BW488.6
TW489.1
BW487.7
TW488.2
BW487.7
TW489.7
BW488.2
TW487.7
BW486.2
TW491.7
BW489.0
FG487.4
TW492.0
BW489.9
TW489.2
BW488.7
TW490.6
BW488.7
TW490.6
BW489.7
FS491.5
TW490.5
BW489.0
TW490.5
BW489.0
TW489.2
BW486.2
TW489.7
BW488.7
TW488.0
BW486.2
TW488.0
BW486.5
TC486.5
TW490.4
BW488.9
TW487.6 BS485.5
ADA
5%
FG485.5
PA
TW493.5
FG490.0
TW491.0
BW490.0
PA
PA
PA
PA
PA 5'
TW488.0
BW486.0
TW489.7
BW488.7
TS488.2
FS491.1 FS488.7
TW494.5
BW491.4
TW491.7
PA BW491.4
TW489.7
BW488.7
TW490.7
BW488.8 TW493.0
BW491.6 PA
FG488.0
TW486.9
BW485.4
TW489.4
BW487.9
ADA

8.0%
ADA

8.0%
PA
TS491.5 BS489.0
TW488.5
TW490.0

ROLLING HILLS

COMMUNITY

TENNIS COURTS

PROJECT TITLE

SHEET TITLE
CHECKED:

DRAWN BY:

DATE:

REVISIONS
PROJECT NO.

SHEET N0.

XREF FILE:

SCALE:

E-mail: [email protected]
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.

LANDSCAPE ARCHITECTURE
ADA

PATH OF TRAVEL
L-2
1-13-2016
1/8" = 1'-0"

GENERATOR

SHUT OFF

IRRIGATION

CONTROLLER

UTILITY CABINET
ON CONC. BASE
30" MANHOLE

MED ALERT
4" CLEAN-OUT
REMOVE

STONE PLAQUE PROPOSED/NEW

WALL & DOOR

EX WALL & DOOR 3'
5' 5'
4'-6"
5'-3"
5'-6"
3'-10"
2' WALL

ENTRY TRELLIS
ENTRY
PATIO
WALL

ADA PARKING

LA COUNTY CODE STANDARD
SEE SHEET LD-2 & LD-3
6" CURB SIGN BOARD
1-21-2016
0 5 15 30 FEET

ADA PATH OF TRAVEL
3-21-2016
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
6-17-2016
1-18-2017
5'-8" 5'-6" 4'-0"
180
487
488
489
490
491
492
486
485
487
488
489
490
491
492
486
485
484

ROLLING HILLS

COMMUNITY

TENNIS COURTS

PROJECT TITLE

SHEET TITLE
CHECKED:

DRAWN BY:

DATE:

REVISIONS
PROJECT NO.

SHEET N0.

XREF FILE:

SCALE:

E-mail: [email protected]
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.

LANDSCAPE ARCHITECTURE

SECTIONS
L-3
5-24-2016
1/4" = 1'-0"

EX TENNIS COURT
FENCE

EX SLOPE
SCALE: 1/4" = 1'-0"

A - SECTION

ADA LANDING
SCALE: 1/4" = 1'-0"

B - SECTION

EX TENNIS COURT
FENCE

ADA LANDING

TENNIS COURT

TENNIS COURT
PA

NATIVE LAWN
6-17-2016
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274

PRELIMINARY
1-18-2017
181
ASPH 500 S 66°49'30" E 167.95'
N 25°29'55" E
333.74'

TENNIS COURT

AC BERM

CONC CURB
N 25°29'55" E
282.16'

LIMITS OF FIELD SURVEY

LIMITS OF FIELD SURVEY

LIMITS OF FIELD SURVEY

LIMITS OF FIELD SURVEY

PREVIOUS AERIAL TOPO, NOT FIELD CHECKED
M.B. 201, PGS 29-35 25' SIDEYARD

SETBACK
50' REARYARD SETBACK 25' SIDEYARD
SETBACK 25'
5' WHEEL CHAIR MANEUVERING
SPACE
60" 5'
ACH

ACH ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH

ACH ACH
ACH

ACH ACH
ACH
ACH

ACH ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH

ACH ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH

GAL GAL

GAL GAL
GAL
GAL
GAL
GAL
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY

LEY LEY

LEY LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY

RHA LEY
RHA
RHA
ROS

ROS ROS ROS ROS ROS
ROS
ROS
ROS

ROS ROS ROS ROS ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
IRI
IRI
IRI
IRI
GAL
GAL
GAL
GAL
GAL
GAL
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH

ACH ACH ACH

ACH ACH
ACH

ACH ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH

ACH ACH
ACH
ACH

ACH ACH
ACH
ACH
ACH
ACH

ACH ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
LEO
LEO
SA4
SA4
SA4
SA4
SA4
SA4
SA4
SA4

BOU BOU BOU
LEY
LEY
LEY
LEY
MUH
MUH
MUH
MUH
MUH
SA4
SA4
SA4
SA4
SA4
SA4
SA4
SA4
BOU
BOU
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
HEU
CIJ
CIJ
CIJ
CIJ
CIJ
CIJ

CIJ CIJ
AGA
AGA
AGA

CIS CIS CIS
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
CIJ
CIJ
OLM
ACC
OLM
CIS
CIS
AGA
AGA
AGA
HES
SEN
SEN
HES
HES

CIJ CIJ CIJ
CIJ
CIJ
CIJ
CIJ
AGA
CIJ
ROS2
ROS2
ROS2
ROS2
ROS2
ROS2
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS2
ROS2
ROS2
ROS2
ROS2
ROS2
CIJ
CIJ
CIJ
CIJ
CIJ
LEO
PEN
PEN
ROS
ROS
ROS
ROS
ROS
ROS
ROS
ROS2
ROS2
ROS2
RHA
RHA
RHA
RHA
AGA
GAL

GAL GAL

GAL GAL

GAL GAL
GAL
AGA

PRU PRU PRU PRU
AGA
GAL
GAL
GAL
GAL
GAL
GAL

GAL GAL GAL GAL

GAL GAL GAL GAL GAL GAL GAL
FES
LEY
ROS
ROS
AGA
SEN
SEN
SEN
SEN
AGA
FES
FES
FES
FES

FES FES

FES FES
FES
FES
FES

FES FES

FES FES
FES
FES

FES FES
FES
FES

FES FES
FES
FES

FES FES
FES

FES FES
FES
FES

FES FES
FES
FES

FES FES
FES
FES

FES FES
FES
FES
FES
FES
FES
FES

FES FES
AGA
AGA
AGA
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES
FES

BOU BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU

BOU BOU
BOU
BOU
BOU
BOU
BOU
CIS
CIS
CIS
CIS
CIS
CIS
CIS
CIS
CIS
ROS
ROS
ROS
ROS
ROS
ROS
ROS

ACH IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
IRI
ACH
ACH
ACH

ACH ACH ACH
ACH
IRI
IRI
IRI

IRI IRI
IRI
IRI
ACH
ACH

ACH ACH
ACH
ACH
IRI
IRI
IRI

IRI ACH ACH IRI
ACH
ACH
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY
LEY

GAL GAL GAL
BOU
BOU
BOU
BOU
BOU
BOU
BOU
BOU

BOU BOU BOU BOU BOU BOU

CIJ CIJ CIJ

ROLLING HILLS

COMMUNITY

TENNIS COURTS

PLANTING PLAN
LP-1
2-17-2016
1/8" = 1'-0"
0 5 15 30 FEET
1 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
ASSESSOR'S ID NO.: 7569-015-900
6-21-2016
2-17-2016
7-6-2016
11-11-2016

EX PLANTS,

CLEANUP
CLEAN UP EX.

SHRUBS
PRUNE EX. OLEANDER
NATIVE
GRASS

DYMONDIA
NATIVE
GRASS
NATIVE
GRASS
ADA

RESTROOM

ADDITION

EXISTING
SECURITY BLDG.

REMOVE EX. SHRUBS
CLEAN UP EX.

SHRUBS

CLEAN UP EX TREES & SHRUBS
CER 1-18-2017
LAG
OLE
ARB

LAG LAG

PROJECT TITLE

SHEET TITLE
CHECKED:

DRAWN BY:

DATE:

REVISIONS
PROJECT NO.

SHEET N0.

XREF FILE:

SCALE:

E-mail: [email protected]
2432 Via Amador,
Palos Verdes Estates, CA 90274
FAX : (310) 377-3484
(310) 377-5868
Richie-Bray, Inc.

LANDSCAPE ARCHITECTURE
CER
CER
OLE
182
183
184
Lomita Agency Ref (2-8-23)3

LOS ANGELES COUNTY PUBLIC WORKS

BUILDING AND SAFETY DIVISION

AGENCY REFERRAL

VHFHSZ Y / N
Waste Sewer / Septic
Hwy.

Dedication
Y / N
______ ft.

Geology Fault / Liq / LS
Methane Y / N
Code
Enforce.

Y / N
# _______________
(N) Address Y / N

LOMITA DISTRICT OFFICE
24320 S. Narbonne Avenue
Lomita, CA 90717
Telephone: (310) 534-3760, Fax (310) 530-5482
Office Hours: 8:00 a.m. – 4:30 p.m. M - F
D&G Plan Checker Hours: M 8:00 a.m. – 11:30 a.m. Appointments are recommended Prepared By HNM OM Initial Date
Applicant’s
Signature:

Plans for (Grading) at __________________________________________________ _____________________________________ (Address) (Locality)
Plan Check No. _______________________________________________ was submitted on _______________________________________ Description of Proposed Work: __________________________________________________________________________________________

THIS NOTICE IS TO INFORM YOU THAT APPROVAL FROM THE AGENCIES MARKED BELOW, 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. To assist you, building & safety listed below the information which you will need to contact 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.

ADDITIONAL AGENCY CLEARANCES MAY BE REQUIRED BY YOUR DRAINAGE & GRADING PLAN CHECK ENGINEER Submit all agency approvals 48 hours prior to permit issuance

LOS ANGELES COUNTY DEPARTMENTS

PUBLIC WORKS DIVISIONS
____ BUILDING AND SAFETY DIVISION
Headquarters M-Th 6:45 a.m. - 5:30 p.m. - (626) 458-3173 900 S. Fremont Ave., 3
rd Fl, Alhambra, CA 91803-1331
https://dpw.lacounty.gov/building-and-safety/
Approval for the following sections is required as noted below:
□ BUILDING SECTION
□ Lomita Office: M-F 8:00 a.m. -11:30 a.m. (310) 534-3760 Thanhhy To– Building Plan Checker
[email protected]
Jocelyn Del Angel– Building Plan Checker
[email protected]
□ Carson Office: M-Th 7:00 am – 6:00pm (310) 952-1766
Jennifer Dang – Building Plan Checker
[email protected]
□ City of Lakewood: M-Th 7:00am–5:30pm (562) 866-9771
William (Bill) Spoja – Building Plan Checker
[email protected]
□ Building Plan Check
□ Retaining Wall(s)
□ Shoring
□ ADA Compliance Review
□ Foundation Only
□ RESEARCH SECTION
900 S. Fremont Ave., 3rd Fl, Alhambra, CA 91803-1331
(626) 458-3173
(Structural Review of LID BMP)
____ ENVIRONMENTAL PROGRAMS DIVISION
Plan approval is required for most commercial and industrial buildings for:
https://pw.lacounty.gov/epd/cleanla
Lomita Office Headquarters (HDQRTS)
24320 S. Narbonne Ave 900 S. Fremont Ave., Annex 3rd Fl Lomita, CA 90717 Alhambra, CA 91803-1331
(310) 534-4862 (626) 458-3517
8:00-9:30 a.m. Mon-Fri 6:45-5:30 Mon-Thurs
[email protected] Industrial Waste & Low Impact Development(LID) [email protected] Underground Storage Tanks
[email protected] Stormwater
□ INDUSTRIAL WASTE (IW)/ UNDERGROUND STORAGE

TANKS (UST)
□ Injection Well/Clarifier/Seepage Pit for IW
□ UST Closure (past or present)

□ NPDES/LID APPROVAL (HDQRTS)
Industrial Waste Unit
(626) 458-3517 7:00am-5:00pm Mon-Thurs
Note: Location and Design flows for all BMPs must be shown on plans and approved by Building and Safety (this applies to all non-residential projects)
□ METHANE MITIGATION (HDQRTS)
(structure within 1,000 ft from a methane producing landfill) [email protected]
(626) 570-2810 7:00am -5:00pm Mon-Thurs
In accordance with LA County Code 110.3, recommendations for mitigation prepared by a registered design professional may be required prior to building permit approval.
□ CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AND

REUSE PLAN (HDQRTS)
(626) 458-3517 www.CleanLA.com 7:00am-5:00pm Mon-Thurs
Instructions on how to apply are available at:
www.LACountyCND.com Email at: [email protected]
□ CONTAMINATED SOIL HAZARDS (HDQRTS)
□ Previous approval from EPD (e.g. permit, remediation, or cleanup plan), proof of IW approval required.
[email protected]
□ Site under remediation or cleanup plan from regulatory oversight agency, proof of agency approval of on-site soils management plan or other concurrent for soil excavation activities is required
□ LA County Fire – Site Mitigation Unit –
Richard Clark [email protected] or
https://fire.lacounty.gov/site-mitigation-unit/
□ California DTSC – Locate Brownfields coordinator
at https://dtsc.ca.gov/brownfields/contact-information/.

Submit application at:
https://dtsc.fluxx.io/user_sessions/new
□ Water Quality Control Board
https://www.waterboards.ca.gov/losangeles/water_issues/ programs/remediation/
□ No known regulatory oversight agency or previous
approval from EPD, proof of LA County Fire – Site
Mitigation Unit required.
□ LA County Fire – Site Mitigation Unit –
Richard Clark [email protected] or
https://fire.lacounty.gov/site-mitigation-unit/
□ OIL WELL (HDQRTS)
□ Site Well Report Review Report required from California Geologic Energy Management (CalGEM).
□ Structure within 300 feet of an active, idle, or abandoned well. Call (626) 570-2810 or email
[email protected].
_____ GEOTECHNICAL AND MATERIALS ENGINEERING DIVISION
(GMED)
GEOLOGY/SOILS SECTIONS - Plan approval is required for site stability and geologic hazard. (626) 458-4925 M-Th 6:30-5:15 pm https://dpw.lacounty.gov/gmed/permits
Upload plans, reports, and attached GMED Agency Referral Sheet to:
https://epicla.lacounty.gov/SelfService/#/home
____ LAND DEVELOPMENT DIVISION
900 S. Fremont Ave., 3rd Fl, Alhambra, CA 91803-1331
(626) 458-4921 Mon-Thurs 7:00 a.m. - 5:00 p.m.
https://dpw.lacounty.gov/ldd/web/
□ SUBDIVISION PLAN CHECK SECTION
→ Visit epicla.lacounty.gov, under “Plans” tab to apply for a Street Plan application
□ LANDSCAPE (Residential or Non-Residential landscaped area > 500 square feet)
→ Visit epicla.lacounty.gov, under “Plans” tab to apply for a Landscape Water Efficiency Plan application
185
Lomita Agency Ref (2-8-23)3
□ ROAD UNIT
Provide approval prior to grading permit issuance.
□ Road Construction – Driveway Approaches, Sidewalk, Curb and Gutter, Curb/Parkway Drains, Road Grading, etc.
□ Road Improvements and/or Easements to be dedicated or reserved for future road improvements.
□ Road Excavation within the road right-of-way
□ Slope Easements
□ HIGHWAY DEDICATION Form "48-0040-DPW"
(RD 490) should be filled out when plan approval for street improvements and/or dedication is required for commercial and multiple residential bldgs. "Bridge & Major Thoroughfare (B&T) Fee" may also be required for commercial, multiple residential buildings and designated tracts. (626) 458-4921
□ PERMITS SECTION
Encroachment Permits Section
Permits are required for road excavations and encroachments within County roads and Flood Control easements.
900 S. Fremont Ave., 3rd Floor, Alhambra, CA 91803-1331 (626) 458-3129
→ Visit epicla.lacounty.gov, under “Permits” tab to apply for a Road Construction or Road Encroachment or Road Excavation permit
Westchester Office
55530 W 83rd St, Westchester, CA 90045
(310) 649-6300 7:30a.m. – 3:30p.m. Mon-Fri
□ HYDROLOGY UNIT
A detailed hydrology review is required for the project. Approval required from Land Development prior to grading plan approval.

Note: Hydrology Studies processed by Land Development must be prepared by a California Registered Civil Engineer. A minimum of three maps and supporting analysis must be
submitted for processing.
□ Project onsite drainage is greater than 10 acres
□ Project location has significant contributory off-site drainage which impacts structures or proposed drainage
devices.
□ Project requires detention of flows and routing analysis. □ Existing drains in the project area do not have adequate capacity, or the project is located in an area with known drainage deficiencies.
□ FLOOD CONTROL DISTRICT (626) 458-3129
Approval required for any storm drain connection or
construction which encroaches in the LA County Flood Control District right of way or impacts a facility. Obtain Qallowable from Design Division, [email protected] to accurately size onsite system.
_____ MAPPING AND PROPERTY MANAGEMENT
□ ADDRESS ASSIGNMENT: New address is required for a new building/pedestal & optional for an accessory dwelling unit. New address must be assigned prior to permit issuance.
□ New address for new SFD
□ New address for new ADU w/ electric service meter
□ New address for new ADU due to a separate driveway or street access from the main house
Email: [email protected]
□ PROOF OF OWNERSHIP (copy of tax bill, deed, or pink slip) □ Lot □ Manufactured Home

OTHER COUNTY DEPARTMENTS
____ PARKS AND RECREATION
Approval for grading plans is required for construction adjacent to "Designated Trails"
□ Planning Division, Research & Trails Section
510 S. Vermont Ave. 2nd Floor, Los Angeles, CA 90020
(213) 351-5098 M-Th 7:00 am – 5:30 pm
____ REGIONAL PLANNING
Southwest District Office for General Information:
1320 W. Imperial Hwy, Los Angeles, CA 90044
(323) 820-6500
Mon – Thurs 7:30 a.m.– 11:30 a.m. (must sign in by 11:00 a.m.) [email protected] - or call (213) 974-6411 to talk to a planner Virtual Counseling:

Tues.- Thurs. 1:00 p.m. to 4:00 p.m.
https://planning.lacounty.gov/online

STATE AGENCIES
____ CALTRANS
Permits are required for outdoor signs, excavation, encroachment (including driveway aprons) and improvements (including grading or structures that affect drainage) on State Highways:
100 S. Main Street, 2
nd Fl.

Los Angeles, CA 90012
(213) 897-3631 https://dot.ca.gov/obtain-permits
____ CALIFORNIA COASTAL COMMISSION
A Coastal Development permit is required. Prior to application submittal obtain local approval in concept from the Regional Planning Department. 200 Oceangate 10th Fl, Suite 1000, Long Beach, CA 90802 (562) 590-5071
____ CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
Approval required for work within or near the watercourse (streambed).

Provide a copy of the Streambed Alteration Agreement or letter from Fish & Wildlife indicating they have no requirements.
3883 Ruffin Road, San Diego, CA 92123 (858) 636-3160
____ DEPT. OF INDUSTRIAL RELATIONS - CAL/OSHA

DIVISION OF OCCUPATIONAL SAFETY & HEALTH
Permit is required for excavation of trenches which are 5 ft. or more deep into which a person is required to descend or for the construction or demolition of any structure 4 or more stories. Brick-lined seepage pits may require permit.
6150 Van Nuys Blvd., Suite 307, Van Nuys, CA 91401-3379 (818) 901-5403 By Appointment only
https://www.dir.ca.gov
____ STATE DEPARTMENT OF CONSERVATION
□ Approval required for impact on an existing oil or gas well. Show status and physical location of wells determined by a recent survey.

California Geologic Energy Management Division (CalGEM) Southern District
3780 Kilroy Airport Way, Long Beach, CA 90806 (562) 637-4400 □ Approval required for impact on an existing mine.

Department of Conservation Division of Mine Reclamation 803 K Street, MS 09-06, Sacramento, CA (916) 323-9198

OTHER AGENCIES
____ FIRE PREVENTION BUREAU OF THE CONSOLIDATED FIRE

PROTECTION DISTRICT OF LOS ANGELES COUNTY
https://fire.lacounty.gov
4475 W. El Segundo Blvd, Hawthorne, CA 90250
(310) 263-2732
□ Plan Approval
□ Very High Fire Hazard Severity Zone Permit
____ REGIONAL WATER QUALITY CONTROL BOARD
Approval required for de-watering operation for the discharge of nonstorm related flows. 320 W. 4th Street, Ste 200, Los Angeles, CA (213) 576-6600 ____ SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT(SCAQMD) Projects with 50 acres disturbed area of 5,000 cubic yards or more of grading that occurs at least 3 times during a 365 day period is considered a large operation and are required to comply with Rule 403 (e). Provide a Large Operation Notification (Form 403 N) and Dust Control Plan. Agricultural use, emergencies, and utilities are excluded. 21865 E. Copley Dr., Diamond Bar, CA 91765-4182
(909) 396-2000, (800) 288-7664 – www.AQMD.gov
____ U.S. ARMY CORPS OF ENGINEERS
Approval required for work within or near the watercourse (streambed).

Provide a 404 Permit and include all conditions must be included on and detailed on the pans. This includes all restricted areas, special requirements, and planting as applicable.
911 Wilshire Blvd, Los Angeles, CA 90017 (213) 452-3412 ____ LA COUNTY REGISTRAR-RECORDER/ COUNTY CLERK OFFICE
Request a vital record, real estate record, or record a property document.

To contact the Recorder/County Clerk please call: (800) 201-8999 Branch Office Locations (lavote.gov)
COVENANTS & AGREEMENTS (must be notarized & recorded)
□ Restricted Use Area (RUA) Covenants
□ LID Covenants
□ SUMP Pump Covenant
Main Office Branch Office
Norwalk Van Nuys
12400 Imperial Hwy. 14340 W. Sylvan Street
Norwalk, CA Van Nuys, CA 91401
M-F, 8:00 a.m. - 4:30 p.m. M-F, 8:30 a.m. - 4:30 p.m.

By Appointment Only By Appointment Only
Please provide the Department of Regional Planning (DRP) RPAP or RPPL case number with an approval. If you have not submitted to DRP, please apply for “DRP- Base Application – Permits & Reviews” on EPIC-LA through the Sub-Records tab on your Building Permit Application.

Please Refer to the Guide to EPIC-LA Sub-Records for more information. Please see link below:
https://epicla.lacounty.gov/help/doc/Guide_Sub-Records.pdf 186
Lomita Agency Ref (2-8-23)3
____ CITY APPROVALS
□ City of Lomita □ City of Rollings Hills
24300 S. Narbonne Ave. 2 Portuguese Bend Rd.

Lomita, CA 90717 Rolling Hills CA 90274
(310) 325-7110 (310) 377-1521
□ City of Carson □ City of Lakewood
701 E. Carson Street 5050 N. Clarke Ave
Carson, CA 90745 Lakewood, CA 90712
(310) 549-0652 (562) 866-9771
OTHER
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County of Los Angeles - Department of Public Works
Building and Safety Division

GMED PLAN CHECK REFERRAL FORM

TO BE COMPLETED BY COUNTY PLAN CHECKER ONLY
---- APPLICANT TO UPLOAD THIS SHEET TO GMED ----
Plan Checker Name ________________________ District Office ___________ BSD Permit Case: BLD ________________ GRAD________________________ Valuation: BLD $_______________ GRAD__ ____ ___ (cubic yards) Linked GMED Plan Case: ESTU _______________________________________ Address: ______________________________________APN_______________ Project Scope of Work ______________________________________________ _________________________________________________________________ ___________________________________________________________________  Multiple Plan Checks on subject site (Please Verify in EpicLA/DAPTS) Initial reason for referral:
 Seismic Hazard Zone
Liquefaction / Seismically Induced Landslide / Fault Zone  Slope Stability
Over-Steeped Slopes / Landslide / Debris Flow
 Retaining Walls or Structures
Basement / Tiered / Soldier Piles / Tie-Back / Geo-Grid  Foundations Recommendations
Piles / Caissons / Mat / Settlement / Repairs / Soil-Cement Columns  Temporary Conditions
Shoring / Steep excavations / Slot-Cuts / Tie-Backs
 Low Impact Development
Soil Infiltration Rate / Infiltration Report / LID BMP Location and Depth  Grading
Fill and Bearing Recommendations / Soil-Improvements / Geology  Other (Please Specify)
________________________________________________
________________________________________________
Please Note:

This initial referral reason may not limit the extent of GMED review. Additional geologic and geotechnical conditions may become apparent after GMED review of the plans, reports, and references.

Please verify with your Plan Checker:

GMED plan check fees will need to be paid prior to start of plan check. Once invoiced, please pay GMED fees online through EpicLA or at the Building and Safety District Office. 188

ATTACHMENTS
County of Los Angeles Department of Public Works
Geotechnical and Materials Engineering Division
GEOLOGY AND SOILS ENGINEERING – DEVELOPMENT REVIEW SUBMITTALS Requirements Prior to Submittal
Plan check applications must be filed with Building and Safety or Land Development Division and an Agency Referral form provided BEFORE any documents can be accepted for review by GMED. For questions regarding the submittal or review process, please contact GMED at [email protected], or (626) 4584923.

GMED Submittals for BUILDING AND SAFETY (BSD)
If your BSD application is through EPIC LA/CSS, log in to EpicLA/CSS: https://epicla.lacounty.gov/SelfService/#/home.

First-time users of EpicLA/CSS are required to create site login. Please register on-line.

Once logged in, click “Apply” then under the “Plan” heading click “Geotechnical Study.” You will receive an ESTU# for your GMED plan check.

If your BSD application is through a Contract City system, then submit documents to GMED here: https://dpw.lacounty.gov/apps/esubmissions/gme/default.aspx. First-time users are required to create a site login.

PDF file format for GMED Submittal
Please include all plan sheets into one PDF file.

Please name the file in the following format:

For Agency Referral Forms:

Name file as: “Agency Referral Form”
For Plans:
“YYYYMMDD – [Type of Plan]”
Submittal Date- example: '20190101 – Grading Plan”
For Reports:
“YYYYMMDD – [Firm Name]”
Submittal Date- example: '20190101 – Best Geotechnical Company” 189
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COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS

BUILDING AND SAFETY DIVISION & LAND DEVELOPMENT DIVISION

EROSION AND SEDIMENT CONTROL PLAN (ESCP)

_____________________________ ______________ ______________________________ _______________________________________ PLAN CHECK NO. DISTRICT NO TRACT/PM WDID NO. (SITES 1 ACRE OR GREATER) ______________________________________________________________________________________ _______________________________________

SITE ADDRESS CITY/AREA
______________________________________________________ ______________________________ ENGINEER/ APPLICANT TELEPHONE NO.
______________________________________________________ ______________________________ OWNER TELEPHONE NO.
__________________________ __________________________ ______________________________ _______________________________________

DISTURBED AREA (ACRES) PLAN CHECKER ENTRY DATE STORM SEASON In compliance with the County of Los Angeles National Pollution Discharge Elimination System (NPDES) – MS4 Permit, Title 12.80 - Environmental Protection Code, Title 26 - Building Code (LACBC), and Title 31 – Green Building Standards Code all construction sites are required to implement Best Management Practices (BMPs) to control erosion, debris, and construction-related pollutants.

The following Best Management Practices (BMPs) handbooks provide specific guidance on selecting BMP which must be implemented on all construction sites.
● “CASQA Construction BMP Online Handbook”
Web-based portal is available at https://www.casqa.org/resources/bmp-handbooks ● “Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices (BMP) Manual” Handbook is available at:
http://www.dot.ca.gov/hq/construc/stormwater/manuals.htm Erosion and sediment control plans (ESCP) are year-round BMP measures that must be incorporated into the construction plans. All grading projects, non-residential sites, residential sites of 6 stories or greater, and projects with soil disturbing activities greater than one acre require an ESCP. All BMPs must be detailed on the ESCP or reference standard details found in the above referenced handbooks. ❑ The ESCP plan must include appropriate BMPs for: General Site Management, Construction Materials and Waste Management, and Erosion and Sediment Controls. Erosion and Sediment Control BMPs must be provided for wet and dry seasons.
❑ To control site erosion and sediments an ESCP must be submitted (or revised) every year to reflect site conditions at the start of the rainy season October 15. Grading and Building plans in for plan check, which will have construction work occurring during the rainy season, will not be permitted until ESCP are submitted and approved.
❑ For sites where the disturbed area is one acre or more, applicants must file a Notice of Intent (NOI) and a State SWPPP and obtain a Waste Discharge Identification number (WDID No.) with the State Water Resources Control Board, Division of Water Quality, https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp.

Applicants must provide and label State WDID No. and indicate the risk level, as determined for the state SWPPP, on the title sheet of ESCP.
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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, specifications, and all requested supporting information.

3. When responding to corrections or comments, a separate sheet of detailed explanation of corrections is encouraged.

4. Your plans have been reviewed by____________________________________________.

Plan checker is available for office hours and meetings ______________________ from ____________________ only. All other meetings must have a scheduled appointment. Please phone (_____)_______________ for questions and to schedule an appointment.

PLAN CHECK STATUS AND OUTSTANDING CORRECTIONS:
❑ PLANS NOT APPROVED, resubmit two sets of revised ESCP for review with information and corrections as circled. An ESCP for grading projects must have "wet" stamps and signatures of a California registered Civil Engineer on each page. The ESCP for projects greater than one acre must be certified by a Qualified SWPPP Developer (QSD).

Please return check print and supporting information with submittal. When updating a ESCP, a copy of previous approved plans must be provided.

SUBMITTAL DATE REVIEW DATE
1 2
3 COMMENTS:___________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ __________________________________________________________________________________________ 191
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REQUIREMENTS FOR EROSION AND SEDIMENT CONTROL PLANS (ESCP) GENERAL PLAN REQUIREMENTS:

1. Submit two copies of Erosion and Sediment Control Plans (ESCP). An ESCP for grading projects must have "wet" stamps and signatures of a California registered Civil Engineer on each page. The ESCP for projects greater than one acre must be certified by a Qualified SWPPP Developer (QSD).

2. The ESCP must include the following:

2.1 Title Page

2.2 Site Map

2.3 General Site Management BMP

2.4 Construction Materials and Waste Management BMPs

2.5 Erosion and Sediment Control BMPs

3. Provide calculations for the sizing of all temporary drainage devices and sediment basins. All calculations must be signed and stamped by a Civil Engineer or QSD. Design flows must be based of an approved hydrology study or hydrology calculations provided.

TITLE PAGE REQUIREMENTS:

The following items must be included on the ESCP Title Page:

4. Title Blocks - With project name, address, and grading or building plan check number.

Engineering company/QSD name, license/certificate number, address, and phone number. Developer/Owner name, address, and phone number. Provide contact information for contractor.

5. General Notes - See attached General Notes. All applicable notes must be included and signed as applicable.

6. Location Maps - Project location must be identified with a Vicinity Map and Site Index Map, which include north arrow and scale as applicable.

SITE PLAN REQUIREMENTS:

7. Provide detailed site plans showing the location of all proposed BMPs. Site plans should use approved grading plans or building site plans topography. Site plans must reflect the site conditions at the beginning of each rainy season and be updated annually if construction continues through the following rainy season.

8. Identify and label all existing and proposed drainage structures. Label drainage devices including storm drains and catch basins/inlet structures which are to be completed by November 1.

9. Label all existing and proposed streets. Identify all streets which are paved or will be paved by November 1.

10. Identify and label existing and proposed property lines.

11. Provide name, location, and description of any environmentally sensitive areas located in or adjacent to the project.

12. Identify graded areas that have been disturbed and are denuded of natural vegetation. All disturbed areas must be stabilized so as to inhibit erosion by wind and water.

GENERAL SITE MANAGEMENT BMPs:

13. Show vehicle equipment areas for cleaning, fueling, and maintenance. Identify BMPs proposed for spill prevention and containment.

14. Show location of site entrances and identify BMPs proposed to control site entrance (Tracking Control).

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CONSTRUCTION MATERIALS AND WASTE MANAGEMENT BMPs:

15. Show location of material delivery and storage area(s).

16. Identify the proposed methods of spill prevention and controls on plans.

17. Show location of designated waste collection area on plans.

18. Locate concrete truck washout area on plan. This area must be at least 50 feet from storm drains, open ditches, or water bodies. Runoff from this area must be controlled. Identify any berms or pits proposed for containment.

EROSION AND SEDIMENT CONTROL BMPs

19. An updated ESCP must be revised and approved prior to each rainy season throughout the site grading operations. (J110.8.3)

20. Erosion control devices must be designed and incorporated in the plans to prevent debris flows onto adjacent properties, adjacent roadways, and into natural drainage courses.

21. Indicate on plans all applicable storm water erosion control devices, including but not limited to: Earth dike, temporary drains and swales, slope drain, outlet protection, and check dams.

22. Add to plans all applicable erosion and sediment control details. Standard BMPs indicated in the BMP Handbooks do not have to be shown on the plans; however, all information associated with these details, required for construction, must be identified on the plans, this includes dimensions, elevations, and types of materials.

23. On unpaved streets, Sandbag check dams should be provided in accordance with the following minimum spacing, unless calculations are submitted to justify increased spacing:

SLOPE CHECK DAM INTERVAL
Less than 5% 100 feet on center
5% to 10% 50 feet on center
Greater than 10% 25 feet on center

24. For interim erosion control plans, desilting facilities will be required where drainage devices are not operational and slopes have not been established.

25. Provide appropriate devices where flows are concentrated, and specify measures to ensure the discharge is reasonably free of pollutants and sediments. Examples of recommended locations are: at property lines to protect adjacent properties, roadways, natural drainage courses, and at energy dissipaters.

26. Provide a dike to direct flow to sediment basin or sediment pits. Dike must be lined with concrete, sandbags, or other non-erodible materials.

27. On plans, indicate locations where slope planting or stabilization has been established.

28. Outline the limits of the drainage and graded area and indicate proposed devices to control sediment-laden runoff. A sediment trap or a sediment basin may be used. See references on page 1 for design criteria.

Submit calculation to demonstrate that minimum design requirements are met or exceeded. Plans must show required and provided storage rates. Flow rates must be based on an approved hydrology study. 193
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EROSION AND SEDIMENT CONTROL PLAN (ESCP) GENERAL NOTES:

1. In case of emergency, call (Responsible Person) at (24-Hour telephone). i. Please fill in name and number

2. Total Disturbed Area ______________________ WDID # ________________________ i. Risk Level 1 2 3 (circle one as determined by State General Permit for sites greater than 1 acre)

3. A stand-by crew for emergency work shall be available at all times during the rainy season (October 15 to April 15). Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of emergency devices when rain is imminent.

4. Erosion control devices shown on this plan may be removed when approved by the Building Official if the grading operation has progressed to the point where they are no longer required.

5. Graded areas adjacent to fill slopes located at the site perimeter must drain away from the top of slope at the conclusion of each working day. All loose soils and debris that may create a potential hazard to off-site property shall be stabilized or removed from the site on a daily basis.

6. All silt and debris shall be removed from all devices within 24 hours after each rainstorm and be disposed of properly.

7. A guard shall be posted on the site whenever the depth of water in any device exceeds two feet. The device shall be drained or pumped dry within 24 hours after each rainstorm. Pumping and draining of all basins and drainage devices must comply must comply with the appropriate BMP for dewatering operations.

8. The placement of additional devices to reduce erosion damage and contain pollutants within the site is left to the discretion of the Field Engineer. Additional devices as needed shall be installed to retain sediments and other pollutants on site.

9. Desilting basins may not be removed or made inoperable between October 15 and April 15 of the following year without the approval of the Building Official.

10. Storm Water Pollution and Erosion Control devices are to be modified, as needed, as the project progresses, the design and placement of these devices is the responsibility of the field engineer. Plans representing changes must be submitted for approval if requested by the Building Official.

11. Every effort should be made to eliminate the discharge of non-storm water from the project sites at all times.

12. 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.

13. Stockpiles of earth and other construction-related materials must be protected from being transported from the site by the forces of wind or water.

14. Fuels, oils, solvents, and other toxic materials must be stored in accordance with their listing and are not to contaminate the soils 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.

15. 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.

16. Developers/contractors are responsible to inspect all Erosion Control Devices and BMPs are installed and functioning properly if there is a 50% or greater probability of predicted precipitation, and after actual precipitation. A construction site inspection checklist and inspection log shall be maintained at the project site at all times and available for review by the Building Official (copies of the self-inspection check list and inspection logs are available upon request).
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17. Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind.

18. 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.

19. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water.

20. As the engineer/QSD of record, I have selected appropriate BMPs to effectively minimize the negative impacts of this project’s construction activities on storm water quality. The project owner and contractor are aware that the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness. _______________________________________ __________________ Civil Engineer/QSD Signature Date

21. The following notes must be on the plan:

As the project owner or authorized agent of the owner, “I certify that this document and all attachments were prepared under my direction or supervision in accordance with the system designed to ensure that a 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.” _______________________________________ _____________
Owner or Authorized Representative (Permittee) Date

22. Developers/contractors are responsible to inspect all Erosion Control Devices and BMPs are installed and functioning properly as required by the State Construction General Permit. A construction site inspection checklist and inspection log shall be maintained at the project site at all times and available for review by the Building Official.
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23. The following BMPs from the “CASQA Construction BMP Online Handbook” must be implemented for all construction activities as applicable. As an alternative, details from “Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices (BMP) Manual” may be used. Additional measures may be required if deemed appropriate by the Building Official.

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

TEMPORARY 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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