1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
5. APPROVE ORDER OF THE AGENDA
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.
6. BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.
7. PUBLIC COMMENT ON NON-AGENDA ITEMS
This is the appropriate time for members of the public to make comments regarding itemsnot listed on this agenda.
Pursuant to the Brown Act, no action will take place on any items not on the agenda.
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 NOVEMBER 13, 2023
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting
CITY COUNCIL
Monday, November 13, 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. 1533 Next Ordinance No. 384
1 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: OCTOBER 23, 2023 REGULAR MEETING; NOVEMBER 7, 2023 SPECIAL FIELD TRIP MEETING RECOMMENDATION: Approve as presented.
8.D. PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.
8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR SEPTEMBER 2023
RECOMMENDATION: Receive and file.
8.F. ADOPT RESOLUTION NO. 1352 AUTHORIZING A BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $7,600 IN THE SOUTH BAY COMMUNITY
ORGANIZATION ACCOUNT FUNDED FROM AVAILABLE GENERAL FUND
RESERVES FOR CONTRIBUTIONS TO LOCAL VOLUNTEER ORGANIZATIONS
THAT PROVIDE COMMUNITY BENEFITS AND SERVICES TO THE PUBLIC RECOMMENDATION: Approve as presented.
8.G. RECEIVE AND FILE MEASURE W, MUNICIPAL SAFE CLEAN WATER (SCW) ANNUAL REPORT FOR FISCAL YEAR 2022-23
RECOMMENDATION: Receive and file.
8.H. RECEIVE AND FILE SUBMITTAL OF THE ANNUAL MUNICIPAL STORMWATER REPORT FOR FISCAL YEAR 2022-23
RECOMMENDATION: Receive and file.
8.I. APPROVE REQUEST FROM ROLLING HILLS COMMUNITY ASSOCIATION TO
EXECUTE A REVISED LICENSE AGREEMENT WITH COX BUSINESS
RECOMMENDATION: Approve as presented.
CL_AGN_231113_CC_AffidavitofPosting.pdf
CL_MIN_231023_CC_F.pdf
CL_MIN_231107_CC_Special_F.pdf
CL_AGN_231113_CC_PaymentOfBills.pdf
VC_REP_231020_Sept_YTD_TonnageReport.pdf
VC_REP_231020_Sept_C&D_Report.pdf
VC_REP_231020_Sept_ComplaintLog_Redacted.pdf
VC_REP_231020_Sept_RedTagsReport_Redacted.pdf
VC_REP_231113_Complaints List 2023_Redacted.pdf
ResolutionNo1352_CommunityGroups_BudgetAmendment_F.pdf
CL_AGN_231113_RH_2022-23_SCW_Expenditures(final).pdf
CL_AGN_231113_Rolling_Hills_SCW_An_Rpt_FY22-23 (final).pdf CL_AGN_231113_CC_22-23FY_December2023_ReportingMemo.pdf CL_AGN_231113_CC_RH_Annual Report 2022-23(Final).pdf
CA_AGR_231113_RHCA_Cox_Access_redline.pdf
2 9. EXCLUDED CONSENT CALENDAR ITEMS
10. COMMISSION ITEMS
10.A. ZONING CASE NO. 23-049: SITE PLAN REVIEW FOR A 1,957-SQUARE-FOOT
ADDITION TO AN EXISTING RESIDENCE, AND CONDITIONAL USE PERMIT TO ADD 244 SQUARE FEET TO AN EXISTING POOL HOUSE, LOCATED AT 19 PORTUGUESE BEND ROAD IN ZONING CASE NO. 23-049 (LOT 80-RH) (HTJGDB/SIU)
RECOMMENDATION: Receive and file.
11. PUBLIC HEARINGS
11.A. ZONING CASE NO. 22-51: SITE PLAN REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A BASEMENT, ATTACHED GARAGE, FIVEFOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2 1/2 FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NONEXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING
THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RECOMMENDATION:
Staff recommends the City Council open the public hearing, receive public testimony, discuss the proposed project, and provide direction to staff and the applicant. In the event the City Council wishes to approve the project, a resolution of approval is included for consideration.
CA_AGR_231113_RHCA_Cox_Access_rev_F.pdf
Attachment 1: 2023-13_PC_Resolution_19PBR_ZC 23-049_F_E.pdf Attachment 2: Vicinity Map
Attachment 3: Development Table
Attachment 4: Photos
Attachment 5: Development Plans
ATTACHMENT1_ResolutionNo1351_ZC22-51_4PoppyTrail_Arvidson_D.pdf ATTACHMENT2_CL_PBN_230321_4PoppyTrail_ZC22-51_VicinityMap.pdf ATTACHMENT3_PL_ADR_4PoppyTrail_ZC22-51_DevelopmentTable_RevisedProject.pdf ATTACHMENT4_2023-11_PC_Resolution_4PoppyTrail_ZC 22-51_F_E.pdf ATTACHMENT5_PL_ADR_4PoppyTr_ZC22-51_230711_Email_DaveLong.pdf ATTACHMENT6_CL_AGN_230718_PC_Item9A_PublicComment_NConstant.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9A_PublicComment01.pdf ATTACHMENT8_CL_AGN_230912_PC_Item9A_PublicComment02.pdf ATTACHMENT9_CL_AGN_230912_PC_Item9A_PublicComment03.pdf ATTACHMENT10_CL_AGN_230912_PC_Item9A_PublicComment04.pdf ATTACHMENT11_CL_AGN_230912_PC_Item9A_PublicComment05.pdf ATTACHMENT12_CL_AGN_CC_231009_09_CommissionItems_Email_Becker.pdf ATTACHMENT13_CL_AGN_231023_CC_Item10A_PublicComment01.pdf ATTACHMENT14_PL_ADR_4PoppyTrail_ZC22-51_Architectural.pdf ATTACHMENT15_PL_ADR_4PoppyTrail_ZC22-51_SitePlan_Grading.pdf 3 12. OLD BUSINESS
13. NEW BUSINESS
13.A. CONSIDERATION AND APPROVAL OF AWARDING A CONSTRUCTION CONTRACT TO VCI CONSTRUCTION, INC. FOR PROVIDING CONSTRUCTION SERVICES ON THE 20C PORTION OF THE CREST ROAD EAST FIRE
PREVENTION POWER LINE UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $577,069.90 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
RECOMMENDATION: Approve as presented and direct City staff to award and execute the contract, subject to approval from the City Attorney, upon confirmation from FEMA/CalOES regarding grant extension request.
14. MATTERS FROM THE CITY COUNCIL
14.A. VERBAL REPORT FROM THE AD HOC FIRE FUEL COMMITTEE ON THE OCTOBER 20, 2023 MEETING
RECOMMENDATION: Receive and file.
15. MATTERS FROM STAFF
15.A. UPDATE ON POLE SITING LOCATIONS SPECIFIC TO THE DEVELOPMENT
PLANS FOR AN EMERGENCY OUTDOOR SIREN SYSTEM BASED ON
FEEDBACK FROM THE OCTOBER 23, 2023 CITY COUNCIL MEETING RECOMMENDATION: Receive and file. Provide feedback to staff.
16. RECESS TO CLOSED SESSION
17. RECONVENE TO OPEN SESSION
18. ADJOURNMENT
Next adjourned regular meeting: Thursday, December 14, 2023, at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
ATTACHMENT16_PL_ADR_4PoppyTrail_ZC22-
51_Alternate_Development_on_Barn_Pad.pdf
CL_PBN_231004_NOB_2023-04_Construction_CrestRd_UU_Affidavit.pdf CL_BID_231023_2023-04_VCI_BidPackage.pdf
CL_BID_231023_2023-04_ParWest_BidPackage.pdf
CA_AGR_231113_VCI_ConstructionContract_Project2023-04_D.pdf CL_AGN_231113_CC_HQE_Update_Pics.pdf
Notice:
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in 4 the City Clerk's office or at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 5 Agenda Item No.: 8.A
Mtg. Date: 11/13/2023
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 NOVEMBER 13, 2023
DATE: November 13, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
CL_AGN_231113_CC_AffidavitofPosting.pdf
6 Administrative Report
8.A., File # 2061 Meeting Date: 11/13/2023
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF NOVEMBER 13, 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 NOVEMBER 13, 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: November 9, 2023
7 Agenda Item No.: 8.B
Mtg. Date: 11/13/2023
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: November 13, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
8 Agenda Item No.: 8.C
Mtg. Date: 11/13/2023
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: OCTOBER 23 , 2023 REGULAR MEETING; NOVEMBER 7, 2023 SPECIAL FIELD TRIP
MEETING
DATE: November 13, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_231023_CC_F.pdf
CL_MIN_231107_CC_Special_F.pdf
9 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
Minutes
Rolling Hills City Council
Monday, October 23, 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 7:00 p.m. Mayor Wilson presiding.
2. ROLL CALL
Councilmembers Present: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: None
Staff Present: David Ready, Interim City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director
Pat Donegan, City Attorney
3. PLEDGE OF ALLEGIANCE – Councilmember Pieper
4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE
5. APPROVE ORDER OF THE AGENDA
Mayor Wilson requested that Item 13A be moved after Item 9. Without objection, so moved.
6. BLUE FOLDER ITEMS (SUPPLEMENTAL)
Motion by Councilmember Pieper, seconded by Councilmember Dieringer to receive and file Blue Folder Item for 10A. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
7. PUBLIC COMMENT ON NON-AGENDA ITEMS
Public Comment: Alfred Visco
8. CONSENT CALENDAR
8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF OCTOBER 23, 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. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: SEPTEMBER 25, 2023 REGULAR
MEETING
8.D. PAYMENT OF BILLS
10 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to approve Consent Calendar. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
9. EXCLUDED CONSENT CALENDAR ITEMS – NONE
Mayor Wilson moved to Item 13A.
13. NEW BUSINESS
13.A. APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT FOR
CITY MANAGER SERVICES
Presentation by City Attorney Patrick Donegan
Public Comment: Karina Banales
Motion by Councilmember Dieringer, seconded by Mayor Pro Tem Mirsch to Adopt Resolution 1350, appointing Karina Banales to the position of City Manager effective November 13, 2023, and approve the employment agreement attached as Exhibit A. Motion carried with the following vote:
AYES: Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: Black
ABSENT: None
Mayor Wilson moved back to Item 10A.
10. COMMISSION ITEMS
10.A. CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2023-11 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF ZONING CASE NO. 22-51 FOR A SITE PLAN
REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A BASEMENT,
ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2' 6" FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NON-EXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Presentation by Planning & Community Services Director John Signo Public Comment: Dave Long, Nikos Constant, Jim Aichele
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. After subsequent discussion, Councilmember Black withdrew his second.
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to take the project under the City Council’s jurisdiction. Motion carried unanimously with the following vote:
11 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
10.B. CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2023-12 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF ZONING CASE NO 23-077 FOR A SITE PLAN REVIEW AND LOT LINE ADJUSTMENT BETWEEN THREE LOTS AT 10,12, AND 14 PINE TREE LANE TO CREATE TWO LARGER LOTS WITH A COMBINED GROSS LOT AREA OF 7.84 ACRES (LOTS 85-1-RH, 85-2-RH, 85-3-RH) (HASSOLDT), AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Planning & Community Services Director John Signo Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
11. PUBLIC HEARINGS – NONE
12. OLD BUSINESS
12.A. APPROVE CURRENT NOISE LEVELS IN THE COUNCIL CHAMBERS OR RECONSIDER AND APPROVE CONTRACT CHANGE ORDER 4B WITH AC PROS TO RESOLVE AIRFLOW NOISE
CONCERNS IN THE CITY COUNCIL CHAMBERS 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 Black, seconded by Mayor Pro Tem Mirsch to approve the current noise levels in the Council Chambers. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Motion by Councilmember Dieringer, seconded by Councilmember Black to approve release the held checks for AC Pros and S&K Engineering. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
12.B. APPROVE THE DEVELOPMENT PLANS FOR AN EMERGENCY OUTDOOR SIREN SYSTEM AT
THREE LOCATIONS, DIRECT STAFF TO PROCEED WITH THE PERMITTING AND
INSTALLATION OF THE SIREN SYSTEM, AND MAKE A FINDING THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Planning & Community Services Director John Signo 12 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
Public Comment: Chris Hawley (HQE), Jim Aichele, Alfred Visco, Arlene Honbo Motion by Councilmember Dieringer, seconded by Councilmember Pieper to table the item to a future meeting based on Council feedback. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
13. NEW BUSINESS
13.B. APPROVE A THIRD AMENDMENT TO THE LEASE AGREEMENT WITH THE ROLLING HILLS COMMUNITY ASSOCIATION EXTENDING THE TERM UNTIL DECEMBER 31, 2043 Presentation by Interim City Manager David Ready
Public Comment: Gordana Swanson
Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to approve the Third Amendment with the Rolling Hills Community Association. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
13.C. APPROVE AMENDED AND RESTATED AGREEMENT BETWEEN TURBO DATA SYSTEMS AND
THE PALOS VERDES PARKING AUTHORITY (ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES) TO PROVIDE PARKING CITATION ADMINISTRATIVE
SERVICES
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Alfred Visco
Motion by Councilmember Black, 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
13.D. APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MV
CHENG & ASSOCIATES FOR FINANCE SERVICES
Presentation by Interim City Manager David Ready
Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to approve as presented. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
13 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
13.E. CONSIDERATION OF REQUEST FROM RHCA TO EXECUTE A LICENSE AGREEMENT WITH
COX BUSINESS
Presentation by City Attorney Patrick Donegan
Public Comment: Gordana Swanson
Motion by Councilmember Black to deny the request to the licensing agreement. After subsequent discussion, Councilmember Black withdrew his motion.
Motion by Councilmember Pieper, seconded by Councilmember Dieringer table the item. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
13.F. ACCEPT THE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING PROJECT #2023- 01 AS COMPLETE, FILE NOTICE OF COMPLETION, AND RELEASE RETENTION AFTER 30
DAY LIEN PERIOD TO AC PROS
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
13.G. CONSIDER REQUESTS FROM THE PENINSULA SENIORS AND THE WOMEN'S COMMUNITY CLUB OF ROLLING HILLS; DETERMINE FISCAL YEAR 23/24 CONTRIBUTION AMOUNTS FOR
COMMUNITY ORGANIZATIONS
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Marian Visco, Gordana Swanson
Motion by Councilmember Pieper, seconded by Councilmember Black to modify the FY 23/24 Adopted Budget and allocate $5,000 each to the Rolling Hills Women’s Club, Caballeros Club and Tennis Courts Club; to allocate $2,000 to the Peninsula Seniors; to allocate $600 to the South Bay Chamber Music Society; to request statements of expenditures from each group; and to return with a budget amendment resolution.
Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
13.H. CONSIDERATION OF THE CITY OF REDONDO BEACH MAYOR AND COUNCIL'S OCTOBER 3, 2023 LETTER REQUESTING SUPPORT FOR THE METRO C-LINE EXTENSION ELEVATED
HAWTHORNE ALIGNMENT
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath 14 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
Public Comment: Jim Aichele
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
14. MATTERS FROM THE CITY COUNCIL
14.A VERBAL REPORT FROM THE SOLID WASTE AND RECYCLING COMMITTEE ON THE OCTOBER 3, 2023 MEETING
Presentation by Mayor Pro Tem Mirsch
Public Comment: Jim Aichele
Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
14.B RECONSIDERATION OF THE RECENT DECISION TO HOLD A DECEMBER 13, 2023 CITY
COUNCIL MEETING (COUNCILMEMBER DIERINGER/MAYOR WILSON)
Presentation by Councilmember Dieringer
Motion by Mayor Wilson to keep December 13th as the meeting day. Motion failed for lack of a second.
Motion by Councilmember Dieringer, seconded by Councilmember Black to move the meeting date to December 14, 2023. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Councilmember Dieringer requested staff bring back an item update on Animal Control and Coyote abatement at a future meeting.
15. MATTERS FROM STAFF
15.A RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE ENFORCEMENT QUARTERLY REPORT FOR THE THIRD QUARTER OF 2023 (JULY 1 THROUGH SEPTEMBER 30) Presentation by Planning & Community Services Director John Signo Public Comment: Jim Aichele, Alfred Visco
15 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
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
15.B REVIEW AND APPROVE THE 2023 HOLIDAY OPEN HOUSE FINAL GUEST LIST; PROVIDE
DIRECTION ON PURCHASE OF AN ARTIFICIAL CHRISTMAS TREE
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Motion by Councilmember Pieper, seconded by Councilmember Dieringer to purchase an appropriate fake Christmas tree. Motion carried with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch
NOES: Mayor Wilson
ABSENT: None
15.C RECEIVE AND FILE A REPORT ON THE PLANNING COMMISSION AND TRAFFIC COMMISSION TERMS EXPIRING ON JANUARY 1, 2024
Presentation by Planning & Community Services Director John Signo Motion by Mayor Wilson to receive and file. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
Mayor Pro Tem Mirsch recognized Interim City Manager David Ready and thanked him for his service since July.
16. RECESS TO CLOSED SESSION – 10:41 P.M.
Mayor Wilson noted that the meeting will later be adjourned in memory of resident Donovan Black.
16.A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION PURSUANT TO CALIFORNIA GOVERNMENT CODE, SECTION 54956.9 (D)(4). ONE POTENTIAL CASE - 79 EASTFIELD DRIVE, APN 7567-005-028
16.B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE 54956.9(D)(2) POTENTIAL CASES: ONE FACTS AND CIRCUMSTANCES: FACTS AND CIRCUMSTANCES THAT MIGHT RESULT IN LITIGATION AGAINST THE CITY (GOV. CODE 54956.9(E)(1))
17. RECONVENE TO OPEN SESSION – 11:16 P.M.
No reportable action.
18. ADJOURNMENT: 11:16 P.M.
16 MINUTES – CITY COUNCIL MEETING
Monday, October 23, 2023
The meeting was adjourned at 11:16 p.m on October 23, 2023. The next regular meeting of the City Council is scheduled to be held on Monday, November 13, 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.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Patrick Wilson, Mayor
17 MINUTES – CITY COUNCIL SPECIAL FIELD TRIP MEETING
Tuesday, November 7, 2023
Minutes
Rolling Hills City Council
Tuesday, November 7, 2023
Special Field Trip Meeting 7:15 a.m.
4 Poppy Trail Lane
1. CALL TO ORDER
The City Council of the City of Rolling Hills met at 4 Poppy Trail Lane on the above date at 7:15 a.m. Mayor Wilson presiding.
2. ROLL CALL
Councilmembers Present: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: None
Staff Present: John Signo, Planning & Community Services Director Christian Horvath, City Clerk / Executive Assistant to the City Manager Public Present: Andy Arvidson, Dan Bolton, Cris Gunderson, Nikos Constant, John Lacey, Dave Long
3. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE
4. PUBLIC HEARING FIELD TRIPS
4.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL SPECIAL FIELD TRIP MEETING OF NOVEMBER 7, 2023
Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Dieringer to approve Affidavit of Posting.
Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson
NOES: None
ABSENT: None
4.B. ZONING CASE NO. 22-51: SITE PLAN REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE WITH A BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2' 6" FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NON-EXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Mayor Wilson opened the Public Hearing. Without objection, so ordered.
Presentation by Planning & Community Services Director John Signo Public Comment: John Lacey, Cris Gunderson
Mayor Wilson continued the Public Hearing to Monday, November 13, 2023. Without objection, so ordered.
8. ADJOURNMENT: 8:02 A.M.
18 MINUTES – CITY COUNCIL SPECIAL FIELD TRIP MEETING
Tuesday, November 7, 2023
The meeting was adjourned at 8:02 a.m on November 7, 2023. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, November 13, 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.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Patrick Wilson, Mayor
19 Agenda Item No.: 8.D
Mtg. Date: 11/13/2023
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: November 13, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_231113_CC_PaymentOfBills.pdf
20 Check Run 11/08/2023
Check No. Check Date Payee Description Amount
028409 11/8/2023 4Leaf, Inc. Code Enforcement Services for Sept 2023 3,990.00 028410 11/8/2023 Alan Palermo Consulting Oct 2023 Prof Svcs - ADA, Sewer, Outdoor Siren, Tennis Crt
2,722.50
028411 11/8/2023 Bennett Landscape Bennet-Landscape Service Nov 2023 1,139.67 028412 11/8/2023 Best Best & Krieger LLP BBK-General Services-September 2023 7,144.00 028412 11/8/2023 Best Best & Krieger LLP BBk-Legal Land Use-September 2023 2,527.00 028412 11/8/2023 Best Best & Krieger LLP BBK-Wireless Ordinance Sept 2023 2,400.00 CHECK TOTAL $ 12,071.00
028413 11/8/2023 Cox Communications Phone Service Oct 27 - Nov 25, 2023 158.85 028414 11/8/2023 Southern California News Group 4 Poppy Trail Public Hearing Notice 615.60 028415 11/8/2023 DCA Civil Engineering Group DR4344-PJ0526 Crest Rd East 20C Civil 2,706.00 028416 11/8/2023 Great American 52 Eastfield Dr_ZC23-095_#897 1,000.00 028417 11/8/2023 County of Los Angeles September 2023 Animal Care Housing Costs 317.58 028418 11/8/2023 McGowan Consulting Municipal Stormwater Consulting Services Sept 23 6,573.30 028419 11/8/2023 Murillo Construction 1 Williamsburg Ln_ZC23-082_#894 1,000.00 028420 11/8/2023 MV CHENG AND ASSOCIATES Monthly Accounting Services for October 2023 11,651.25 028421 11/8/2023 Onward Engineering Public Works Inspection September 2023 810.00 028422 11/8/2023 Peninsula Seniors Peninsula Seniors 2023 Grant 2,000.00 028423 11/8/2023 Race Communications Race Communications Fiber Nov 2023 1,035.30 028424 11/8/2023 City of Rancho Palos Verdes Coordinated Int. Monitoring Prog FY23-24 40,899.61 028425 11/8/2023 Tiffany Bond 16 Crest Rd West_ZC23-123_#906 1,000.00 028426 11/8/2023 Women's Community Club of Rolling
Hills
WCCRH July to October 2023 Expenses Reimburse 1,852.00
028427 11/8/2023 Willdan Inc. Bldg Plan Check/Permit Sept-2023 Project 101749.00.4000.999
11,690.00
ACH-351 6/28/2023 Abila 06-18-23 to 07-17-23 Accounting Software 326.79 ACH-352 6/28/2023 Abila 07-18-23 to 08-17-23 Accounting Software 326.79 ACH-355 7/18/2023 California Water Service Co. Water Usage 05-26-23 to 06-27-23_RANCHO#74654 465.58 ACH-358 6/20/2023 Pitney Bowes Postage for May 2023 2,520.00 ACH-359 7/19/2023 Pitney Bowes Postage for June 2023 2,015.00
CITY OF ROLLING HILLS
AP24-005, ACH24-006, ACH24-007, ACH24-008
21 Check No. Check Date Payee Description Amount
ACH-360 6/27/2023 PITNEY BOWES GLOBAL
FINANCIAL SERVICES LLC
Postage Lease 03-27-23 to 06-26-23 712.56
ACH-361 6/28/2023 Southern California Edison Electricity usage 05-16-23 to 06-14-23 ACCT#4218 368.24 ACH-362 6/1/2023 Southern California Edison Electricity usage 04-21-23 to 05-21-23 ACCT#8030 1,187.82 ACH-363 6/26/2023 Vision Service Plan - (CA) Vision Coverage July 2023 160.65 ACH-364 8/2/2023 CalPERS Health Premium Statement Aug 2023 10,404.03 ACH-365 7/1/2023 CalPERS FY 23-24 Annual UAL Lump Sum Prepayment 62,424.00 ACH-366 10/18/2023 California Water Service Co. Water Usage 08-26-23 to 09-27-23_Rolling #54654 1,272.37 ACH-367 10/18/2023 California Water Service Co. Water usage 08-26-23 to 09-27-23 Rancho #74654 327.81 ACH-368 11/1/2023 Delta Dental Dental Coverage November 2023 783.28 ACH-369 10/25/2023 The Gas Company Gas Usage from 09-06-23 to 10-06-23 14.79 ACH-370 11/1/2023 Nextiva Business Phone Service November 2023 314.58 ACH-371 10/4/2023 Pacific Premier Bank / FNBO Planning Credit Card Stmt Aug-Sept 2023 71.27 ACH-372 10/4/2023 Pacific Premier Bank / FNBO Credit Card Stmt Aug 2023 Planning#5417/Admin#5550
4,094.73
ACH-373 10/26/2023 Southern California Edison Electricity usage 09-15-23 to 10-15-23 Acct#4218 317.18 ACH-374 10/30/2023 Southern California Edison Electricity usage 09-21-23 to 10-19-23 Acct#8030 825.53 ACH-375 11/1/2023 Vision Service Plan - (CA) Vision Coverage November 2023 96.39 PR LINK 11/3/2023 PR LINK - Payroll & PR Taxes
PR#22
Payroll Processing Fee PR#22_10/18/23 - 10/31/23 56.36
PR LINK 11/3/2023 PR LINK - Payroll & PR Taxes
PR#22
Pay Period PR#22_10/18/23 - 10/31/23 20,049.01
REPORT TOTAL 212,367.42
$ 212,367.42 for the payment of above items.
David Ready, Interim City Manager
I, David Ready, Interim City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of 22 Agenda Item No.: 8.E
Mtg. Date: 11/13/2023
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 AND COMPLAINT REPORTS FOR SEPTEMBER 2023
DATE: November 13, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
VC_REP_231020_Sept_YTD_TonnageReport.pdf
VC_REP_231020_Sept_C&D_Report.pdf
VC_REP_231020_Sept_ComplaintLog_Redacted.pdf
VC_REP_231020_Sept_RedTagsReport_Redacted.pdf
VC_REP_231113_Complaints List 2023_Redacted.pdf
23 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%
Jun Greenwaste 145.67 145.67 - 100.00%
Trash 186.82 - 186.82 0.00%
Jun Total 332.49 145.67 186.82 43.81%
Jul Greenwaste 104.97 104.97 - 100.00%
Greenwaste - Free Residential Roll Off Bin 2.42 2.42 - 100.00% Trash 167.12 - 167.12 0.00%
Jul Total 274.51 107.39 167.12 39.12%
Aug Greenwaste 123.85 123.85 - 100.00%
Trash 212.22 - 212.22 0.00%
Aug Total 336.07 123.85 212.22 36.85%
Sep Greenwaste 118.56 118.56 - 100.00%
Greenwaste - Free Residential Roll Off Bin 3.64 3.64 - 100.00% Trash 190.21 - 190.21 0.00%
Sep Total 312.41 122.20 190.21 39.12%
Grand Total 2,628.98 1,025.87 1,603.11 39.02%
CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2023
24
25 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%
Jun Greenwaste 8.21 8.21 - 100.00%
Recycle 0.23 0.08 0.15 33.34%
Trash 65.16 - 65.16 0.00%
Organics 0.13 0.12 0.01 94.11%
Jun Total 73.73 8.41 65.32 11.41%
Jul Greenwaste 12.16 12.16 - 100.00%
Recycle 0.26 0.09 0.17 33.43%
Trash 52.78 - 52.78 0.00%
Organics 0.17 0.14 0.03 82.42%
Jul Total 65.36 12.38 52.98 18.95%
Aug Greenwaste 21.99 21.99 - 100.00%
Recycle 0.30 0.10 0.20 32.48%
Trash 69.64 - 69.64 0.00%
Organics 0.16 0.12 0.04 73.20%
C&D 13.00 13.00 - 100.00%
Aug Total 105.09 35.20 69.89 33.50%
Sep Greenwaste 7.43 7.40 0.03 99.55%
Recycle 0.21 0.07 0.15 31.93%
Trash 160.52 - 160.52 0.00%
Organics 0.10 0.10 - 100.00%
C&D 8.87 7.29 1.58 82.18%
Sep Total 177.14 14.86 162.28 8.39%
Grand Total 893.85 74.60 819.25 8.35%
CITY OF ROLLING HILLS NON-FRANCHISE
2023
26 Republic Services City of Rolling Hills
C&D Report Reporting Period September-23
Disposal Site Material Loads Taken Tons Collected
CWS I-C&D 1 8.87
Summary
Row Labels Sum of Tons Collected
I-C&D 8.87
Grand Total 8.87
27 City of Rolling Hills
Reporting Period September-23
Acct# Customer Name Service Address City Service Date Service Code Service Description 3044 RESIDENT OPENBRAND RD ROLLING HILLS 09/13/23 RTM Return for Trash Miss 3055 CURRENT RESIDENT BOWIE RD ROLLING HILLS 09/06/23 RTM Return for Trash Miss 3063 CURRENT RESIDENT BOWIE RD ROLLING HILLS 09/14/23 RTM Return for Trash Miss 3228 RESIDENT PORTUGUESE BEND RD ROLLING HILLS 09/06/23 RTM Return for Trash Miss 3228 RESIDENT PORTUGUESE BEND RD ROLLING HILLS 09/06/23 RYM Return for Yardwaste Miss 3371 RESIDENT SADDLEBACK RD ROLLING HILLS 09/22/23 RYM Return for Yardwaste Miss 3422 RESIDENT SOUTHFIELD DR ROLLING HILLS 09/08/23 RTM Return for Trash Miss 3422 RESIDENT SOUTHFIELD DR ROLLING HILLS 09/08/23 RYM Return for Yardwaste Miss 3441 RESIDENT UPPER BLACKWATER CYN ROLLING HILLS 09/12/23 RTM Return for Trash Miss 3470 CURRENT RESIDENT CINCHRING RD ROLLING HILLS 09/08/23 RYM Return for Yardwaste Miss 3531 CURRENT RESIDENT CREST RD W ROLLING HILLS 09/13/23 RTM Return for Trash Miss 3531 CURRENT RESIDENT CREST RD W ROLLING HILLS 09/25/23 RYM Return for Yardwaste Miss 3575 CURRENT RESIDENT EASTFIELD DR ROLLING HILLS 09/06/23 RTM Return for Trash Miss 3594 CURRENT RESIDENT EASTFIELD DR ROLLING HILLS 09/06/23 RTM Return for Trash Miss 3594 CURRENT RESIDENT EASTFIELD DR ROLLING HILLS 09/13/23 RTM Return for Trash Miss 3601 CURRENT RESIDENT EASTFIELD DR ROLLING HILLS 09/18/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/05/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/06/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/13/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/13/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/18/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/27/23 RTM Return for Trash Miss 3632 FLYING MANE RD ROLLING HILLS 09/06/23 RYM Return for Yardwaste Miss 3632 FLYING MANE RD ROLLING HILLS 09/06/23 RYM Return for Yardwaste Miss 3632 FLYING MANE RD ROLLING HILLS 09/13/23 RYM Return for Yardwaste Miss 3632 FLYING MANE RD ROLLING HILLS 09/27/23 RYM Return for Yardwaste Miss 29641 RESIDENT 4 RANCHERO RD ROLLING HILLS 09/19/23 RYM Return for Yardwaste Miss Summary of Requests
Service Type Total Records
Return for Trash Miss 17
Return for Yardwaste Miss 10
Grand Total 27
Republic Services
Customer Complaint Summary
28 29
Agenda Item No.: 8.F
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: ADOPT RESOLUTION NO. 1352 AUTHORIZING A BUDGET MODIFICATION TO INCREASE APPROPRIATIONS BY $7,600 IN THE
SOUTH BAY COMMUNITY ORGANIZATION ACCOUNT FUNDED FROM
AVAILABLE GENERAL FUND RESERVES FOR CONTRIBUTIONS TO
LOCAL VOLUNTEER ORGANIZATIONS THAT PROVIDE COMMUNITY
BENEFITS AND SERVICES TO THE PUBLIC
DATE: November 13, 2023
BACKGROUND:
The City of Rolling Hills does not have a traditional Community Services Department which facilitates programmatic efforts with local clubs and organizations. Historically the City Council has a designated South Bay Community Organizations line item in the budget with the intent of making contributions to local volunteer organizations that provide community benefits and services to the residents of Rolling Hills. These include the Peninsula Seniors, the Women's Community Club, the Caballeros Club, and the Tennis Courts Club.
In previous years, the allocated annual budget for 01-65-901 South Bay Community Organization was $15,000
The approved Fiscal Year 23/24 Budget lowered this amount to $10,000. The City Council did not, at the time of Budget approval, provide direction on how this would affect any specific allocations to the local organizations. Staff has recently received funding requests from the Peninsula Seniors and the Women's Club of Rolling Hills.
DISCUSSION:
At the October 23, 2023, City Council meeting, staff presented an item as a result of two organizations making requests for grants and/or reimbursements towards expenses incurred.
Staff requested that the City Council provide direction on how the budgeted allocation for 31 Fiscal Year 23/24 should be appropriated. The City Council voted to modify the FY 23/24 Adopted Budget and allocate $5,000 each to the Rolling Hills Women’s Club, Caballeros Club and Tennis Courts Club; to allocate $2,000 to the Peninsula Seniors; to allocate $600 to the South Bay Chamber Music Society; to request statements of expenditures from each group; and to return with a budget amendment resolution.
FISCAL IMPACT:
A budget amendment is required to cover the additional proposed grant monies. As such, Council action is needed to amend the budget to increase budgeted appropriations by $7,600 which will be funded from available General Fund Reserves. The use of General Fund Reserves is consistent with City policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1352_CommunityGroups_BudgetAmendment_F.pdf
32 RESOLUTION NO. 1352
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2023-2024
BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $7,600 IN THE SOUTH BAY
COMMUNITY ORGANIZATIONS ACCOUNT
FUNDED FROM AVAILABLE GENERAL FUND
RESERVES FOR CONTRIBUTIONS TO LOCAL
VOLUNTEER ORGANIZATIONS THAT PROVIDE
COMMUNITY BENEFITS AND SERVICES TO THE
PUBLIC
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Recitals.
A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time.
B. On October 23, 2023, the City Council received a presentation from staff regarding the various requests from respective local community groups for grants from the City to enable various programs and events.
D. The FY 2023-2024 budget allocated $10,000 to the South Bay Community Organization line item (01-65-901).
E. The City desires to appropriate an additional seven thousand and six hundred dollars ($7,600) (for a total of $17,600) in the South Bay Community Organization Fund funded from a transfer of General Fund reserves allowing for City contributions to local community groups that provide community benefits and services to the public. At its October 23, 2023 meeting the City Council directed staff to allocate the funds as follows: $5,000 to the Rolling Hills Women’s Club; $5,000 to the Rolling Hills Caballeros; $5,000 to the Rolling Hills Courts Club; $2,000 to the Peninsula Seniors and $600 to the South Bay Chamber Music Society.
Section 2. The sum of seven thousand and six hundred dollars ($7,600) is hereby appropriated in the South Bay Community Organization Fund from a transfer of General Fund Reserves for contributions to local volunteer organizations that provide community benefits and services to the public. 33 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions.
PASSED, APPROVED, AND ADOPTED this 13th day of November, 2023 ______________________________
PAT WILSON
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
34 Agenda Item No.: 8.G
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: DAVID H. READY
SUBJECT: RECEIVE AND FILE MEASURE W, MUNICIPAL SAFE CLEAN WATER (SCW) ANNUAL REPORT FOR FISCAL YEAR 2022-23
DATE: November 13, 2023
BACKGROUND:
In 2018, Los Angeles County voters approved Measure W (Safe Clean Water Municipal Program Funds) to provide funding for stormwater projects and programs to increase local water supply, improve water quality and protect public health. Funding is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (e.g., building, concrete, etc.).
Measure W provides local agencies with funds to implement projects and programs that will best address local stormwater and urban runoff needs. The funding can be used for eligible activities such as project development, design, construction, effectiveness monitoring, operations and maintenance, as well as for programs and studies related to protecting and improving water quality in lakes, rivers and ocean.
DISCUSSION:
One condition of the Municipal SCW funding is that the City of Rolling Hills must submit an Annual Report within six months of the close of each fiscal year describing the use of its Municipal SCW Program Funds. The Annual Report must describe how the funds were used during the preceding fiscal year and how those uses are eligible expenses that advance the goals of the Safe Clean Water Program. The Annual Report must be prepared and submitted using the online tool mounted on the SCW Program website.
A copy of the City's FY 2022-23 Annual Report is attached. The City must spend at least 70% of its Municipal Program Funds on eligible expenses related to new projects or programs established since the enactment of Measure W. Up to 30% of a City’s Municipal Program Funds may be used to pay for eligible costs and expenses related to the continuation of programs prior to the enactment of Measure W. Unused funds may be carried over for use in a future fiscal year so long as each tranche of funding is expended within five years of disbursement.
35 Attached is an Excel worksheet used to prepare the Annual Report and track the City’s Municipal SCW Program funds, breaking down the City’s FY2022-23 Municipal SCW Program expenditures by line item and detailing whether each is a new effort (minimum 70%) or continuing effort (maximum 30%).
FISCAL IMPACT:
The City expended $62,793.69 in SCW Municipal Funds during FY2022-23 on activities that supported the City’s implementation of the municipal stormwater permit, which offset/avoided the use of General Funds for those efforts. The amount expended was less than the $129,697.99 total SCW Municipal Funds available. Available funds include those carried over from FY2021-22 that were unspent and interest earned during FY2022-23.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
CL_AGN_231113_RH_2022-23_SCW_Expenditures(final).pdf
CL_AGN_231113_Rolling_Hills_SCW_An_Rpt_FY22-23 (final).pdf 36 Item Description
Planned amount to
recover under
Measure W per
City's SCW FY22-23
Annual Plan
Actual cost
for Line Item
Cost to be
Recovered via
Measure W for
Ongoing Programs -
up to 30% of
planned
expenditures
Cost to be
Recovered under
Measure W for
New Projects or
Programs - at least
70% of planned
expenditures Source Explanation
1a Coordinated Integrated Monitoring
Program (CIMP) $ 30,000.00 $ 1,906.00 $ 1,906.00
McGowan cost for planning and
review of CIMP revisions (Task 7.2 in
Feb 2023). CIMP MOU
Implementation costs for FY2022-23
were covered by accrued costs for
previous years; i.e.. City paid no
CIMP invoices during FY22-23.
CIMP monitoring is an ongoing effort implemented prior
to adoption of Measure W by the voters in November
2018. As such, it is limited to a maximum of 30% of the City's Safe Clean Water Expenditures in a given fiscal
year.
1b CIMP Revision & Implementation of
2021 MS4 Permit Requirements
$ - $ - $ - $ -
No costs were shown in this category
for FY22-23 because cost for revision
of CIMP was covered by accrued
costs for previous years.
Adaptive Management revision of the CIMP is a new
effort required by the new Regional MS4 Permit.
2 Sepulveda Canyon Monitoring Study $ 18,000.00 $ 13,433.75 $ 13,433.75 Invoices from NV5 for Sepulveda
Canyon Flow Monitoring for
FY2022-23
Since required by LA Water Board as a condition of
documenting the deemed compliance via 85%, 24-hr
runoff retention after joining the EWMP, this is a new
requirement and therefore falls in the 70% new effort
category.
3 SCW Municipal Program Planning and
Reporting
$ 8,000.00 $ 7,269.00 $ 7,269.00 Actual costs for consultant assistance with SCW planning and reporting.
Eligible in the 70% category as a new effort since it is required by the SCW program.
4 Enhanced Sediment Source Control $ 5,000.00 $ 5,290.80 $ 5,290.80 10% of contract code enforcement
cost during FY2022-23 - staff report
from 1/24/23 CC mtg - total cost of
Code Enforcement services was
$52,908.
New effort to address storm-borne sediment pollutants
associated with insufficiently controlled construction
sites.
EXPENDITURES FOR FY22-23 SAFE CLEAN WATER MUNICIPAL PROGRAM FUNDS 37 Item Description
Planned amount to
recover under
Measure W per
City's SCW FY22-23
Annual Plan
Actual cost
for Line Item
Cost to be
Recovered via
Measure W for
Ongoing Programs -
up to 30% of
planned
expenditures
Cost to be
Recovered under
Measure W for
New Projects or
Programs - at least
70% of planned
expenditures Source Explanation
EXPENDITURES FOR FY22-23 SAFE CLEAN WATER MUNICIPAL PROGRAM FUNDS 5 Expanded Low Impact Development
Standards
$ 15,000.00 $ 7,375.50 $ 7,375.50
Consulting assistance for developing
outreach materials, revising
developer guide, and preparing code
revisions as needed.
Expansion of LID beyond baseline requirements in the
MS4 Permit can be considered a new effort
implemented since November 2018 to support the City's
retention of the 85%, 24-hr storm runoff.
6 Watershed Management Program
Adaptive Management & Progress
Reporting
$ 10,000.00 $ 5,611.50 $ 2,585.50 McGowan Task 8.1.
EWMP revisions are eligible in the 70% category as
confirmed by LACFCD staff. City's additional effort as a result of joining the Peninsula EWMP is a new effort
implemented since November 2018 to comply with
the MS4 Permit.
7 Development & Implementation of
Community Outreach/Engagement $ 2,100.00 $ 4,133.14 $ 4,133.14 McGowan Task 8.2 and 2.1 plus
Other Direct Costs invoiced by
McGowan for website hosting and
media kit revision.
Effort to develop new materials and methods for and
tracking of dissemination and engagement as required
by Regional MS4 Permit.
8 Wildfire Prevention Measures $ 10,000.00 $ 20,800.00 $ 20,800.00 PVPLC invoices Wildfire prevention also prevents post-fire stormwater
pollution associated with multiple pollutants that are
mobilized by fire followed by storms. These pollutants
include targeted TMDL pollutants: nitrogen, phosphorus, metals, PAHs, sediment and sediment-borne pollutants.
$ 1,906.00 $ 60,887.69 $ 62,793.69
Check: total planned expenditures are less than
estimated total SCW Municipal funds available to
spend in FY2022-23 as shown below.
$ 23,299.00 From FY21-22 SCW Annual Report
$ 1,941.99 interest accrued during FY22-23
$ 104,457.00
Actual local return received from Measure W in FY2022-
23 Total SCW Municipal Funds Available to Spend in FY2022-23 or further carry over $ 129,697.99 Carryover of unspent funds from previous years
Muncipal SCW Tax Return for FY2022-2023
Expenditures
Interest earned during FY2022-2023
38 SAFE, CLEAN WATER MUNICIPAL REPORTING
Municipal Annual Report
REPORTING YEAR FY22-23
MUNICIPALITY Rolling Hills
TOTAL SCW FUNDING
RECEIVED
$ 104,457.00
PREVIOUS YEAR CARRY
OVER FUNDING
$ 25,241.00
CURRENT YEAR
ANTICIPATED CARRY
OVER AMOUNT
$ 66,903.00
Submitted On: N/A
Created By: N/A ([email protected])
SCW Municipal Annual Report Page 1 of 8
39 REPORT OVERVIEW
ACTIVITY OVERVIEW
Activities implemented during the reporting year utilizing Safe Clean Water Municipal Program funds included: 1) Safe Clean Water Municipal Program planning and reporting, 2) implementation of the Sepulveda Canyon Monitoring Study, 3) joint development and promotion of a new rainwater harvesting webpage and update of the jointly developed and maintained Sustainable Landscaping webpage 4) planning and implementation of expanded Low Impact Development provisions to increase stormwater retention and protect natural drainage courses from hydromodification, 5) implementation of the Palos Verdes Peninsula Coordinated Integrated Monitoring Program (CIMP) as required by the MS4 Permit, 6) enhanced sediment source control, 7) wildfire prevention measures and 8) Watershed Management Program planning and reporting.
ACCOMPLISHMENTS
The City prepared it Municipal SCW Annual Report for FY2021-22 and planned, prepared and presented its FY2023-24 Municipal Safe Clean Water Annual Plan for City Council review and subsequent submittal to the Los Angeles County Flood Control District (District) for public posting. The City continued implementation of the Sepulveda Canyon Monitoring Study utilizing continuous flow monitoring to document the nature-based retention of stormwater runoff within the City's natural canyon drainage courses. The Palos Verdes Peninsula Watershed Management Group (Peninsula WMG) and the Beach Cities WMG revised the rainwater harvesting media kit with a new slogan "tap the rain", developed a handout promoting the South Bay Rainwater Harvesting webpage for use at community events, and updated the jointly developed and maintained Sustainable Landscaping webpage. The City developed new handouts for expanded LID provisions to communicate the methods and benefits for increasing retention of stormwater on development properties. The Peninsula WMG completed the seventh year of water quality monitoring under the approved CIMP. The City completed a three-year project in collaboration with the Palos Verdes Peninsula Land Conservancy to remove invasive plants from areas of open space to prevent wildfires as a means to control and prevent sources of pollutants in stormwater and encourage native plant communities for habitat value.
BENEFITS REALIZED
These activities prioritize nature-based solutions to improve water quality and retain stormwater onsite for beneficial use. The City's SCW Municipal Program expenditures also address the sources of pollutants and prioritize preventing their release into the environment. The City's SCW Municipal Program funds were leveraged by the City's general fund and through collaboration and coordination with other municipalities, as well as by encouraging residents to invest in these measures on their own properties.
RUNOFF CAPTURE AND
POLLUTION REDUCTION
DESCRIPTION
The City's SCW Municipal Program Activities are focused on prioritizing, promoting and enhancing nature based solutions to improve stormwater quality through stormwater retention on residential properties and in the City's natural canyon drainage system. Enhanced sediment source control also addresses high-priority sediment bound pollutants of concern as well as prevents the release of pollutants by preventing wildfires. The Sepulveda Canyon Monitoring Study demonstrates the innovativeness and effectiveness of natural canyon drainage systems and the importance of protecting their function as a means of protecting and promoting improved water quality.
SCW Municipal Annual Report Page 2 of 8
40 ORGANIZATIONAL OVERVIEW:
1 OPPORTUNITIES AND ALIGNMENTS
2 EXPENDITURES
3 ACTIVITY SUMMARIES
4 FINANCIAL & ACTIVITY RELATED DOCUMENTS
5 ACTIVITY PROGRESS IMAGES
SCW Municipal Annual Report Page 3 of 8
41 1 OPPORTUNITIES AND ALIGNMENTS
The following discussion details opportunities for addressing additional SCW Program Goals, leveraging SCW program goals, or an increase regional capacity to supplement the SCW program.
Opportunities: The Safe Clean Water planning process, Sepulveda Canyon Monitoring Study and the CIMP all provide valuable data and information that are being used to evaluate and adaptively manage the City's stormwater program implementation to meet its water quality priorities in the most cost effective manner. Since many residential properties within the City are located on hillside properties served by natural drainage courses, expanding LID more broadly to development projects also serves to reduce adverse hydromodification impacts and reduce flood damage to properties during severe storms while also improving stormwater quality. In addition, encouraging the broader implementation of LID and rainwater harvesting provides an opportunity to engage the community in stormwater capture and retention. The incorporation of the City into the Peninsula WMP as an innovative nature-based runoff retention area demonstrates the effectiveness of nature-based solutions for stormwater management which can be modeled by other similarly situated communities. Prevention of wildfires and enhanced oversight of construction sites not only protect life and property, but also protect natural habitat and surface water quality from adverse impacts.
The following discussion details new and ongoing alignments with other local agencies or partners to increase regional capacity to supplement the SCW program.
Alignments: The City continues to collaborate with its partners on the Palos Verdes Peninsula, as well as with the Beach Cities WMG, to engage the South Bay communities on the importance of stormwater as a resource and the benefits that can accrue from nature-based solutions. The City also continues to work with these partners to develop and implement effective source control programs for priority pollutants. In addition, the City continued to partner with the Palos Verdes Peninsula Land Conservancy to reduce the risk of wildfires and associated water quality impacts through targeted removal of non-native invasive plants that act as wildfire fuel.
SCW Municipal Annual Report Page 4 of 8
42 2 EXPENDITURES
This section details Municipal expenditures during this reporting year. Itemized eligible expenditures of Municipal funds for each Activity are below. The table below serves to document and demonstrate that SCW Program Municipal funds were used for eligible expenditures (Section 18.06.D2.c).
Expenditures
Activity Name Expenditure Name Expenditure
Description Amount Type EligibleExpenditure?
SCW Municipal
Program Planning and
Reporting
FY2022-23 SCW
Municipal Program
planning and reporting
Consultant
assistance in
preparing
SCW Annual
Report for
FY2021-22
and SCW
Annual Plan
for FY2023-
24. $7,269.00
Stakeholder &
Community
Outreach/Engagement
(S&C
Outreach/Engagement)
Yes
Expanded Low Impact
Development
FY2022-23 Expanded
LID Implementation
Enacted
municipal
code
revisions and
developed
outreach
materials.
$7,376.00
Implementation
(Program) Yes
Sepulveda Canyon
Monitoring Study
FY2022-23 Sepulveda
Canyon Monitoring
Contracted
services for
continuous
flow
monitoring
and
reporting of
results.
$13,434.00
Implementation
(Program) Yes
Watershed
Management Program
Adaptive Management
and Progress
Reporting
FY2022-23 Watershed
Management and
Progress Reporting
City's share
of in-kind
consulting
costs for
final
revisions of
the
Watershed
Management
Program and
semi-annual
progress
reporting.
$2,586.00
Implementation
(Program)
Yes
Coordinated
Integrated Monitoring
FY2022-23 CIMP
Implementation
City's in-kind
consulting
cost for
review and
comment on
revision of
the
Peninsula
CIMP to
incorporate
new
requirements
of the 2021
Regional
MS4 Permit.
$1,906.00
Planning (Preimplementation)
(Program)
Yes
SCW Municipal Annual Report Page 5 of 8
43 Enhanced Sediment
Source Control
FY2022-23 enhanced
oversight of
construction sites and
wildfire fuel
modification
10% of
contract
code
enforcement
staff time
$5,291.00
Implementation
(Program) Yes
Development &
Implementation of
Community
Outreach/Engagement
FY2022-23
Outreach/Engagement
Implementation
Develop,
adapt, &
track
community
outreach &
engagement
to target
water quality
priorities and
address new
watershed
information.
$4,133.00
Stakeholder &
Community
Outreach/Engagement
(S&C
Outreach/Engagement)
Yes
Wildfire Prevention
Measures
FY2022-23 Open
space wildfire fuel
modification
Contract
services with
Palos
Verdes
Peninsula
Land
Conservancy
for removal
of invasive
non-native
plants from
open space.
$20,800.00
Implementation
(Program) Yes
SCW Municipal Annual Report Page 6 of 8
44 3 ACTIVITY SUMMARIES
The following table shows all Municipal Activities. Typically, only Activities categorized as "In Progress" or "Completed" will have expenditures during the reporting period. The Expenditures section (Section 2) itemizes which Activities were subject to Municipal Program expenditures during the reporting period.
Municipal Activities
Activity Name New or Existing Type Status Estimated Total Cost Coordinated Integrated
Monitoring Existing Program
In
Progress N/A
Development &
Implementation of Community
Outreach/Engagement
New
Stakeholder &
Community
Outreach/Engagement
In
Progress N/A
Enhanced Sediment Source
Control New Program
In
Progress N/A
Expanded Low Impact
Development New Program
In
Progress N/A
Monitoring Program Revision
& Implementation New Program
In
Progress N/A
SCW Municipal Program
Planning and Reporting New
Stakeholder &
Community
Outreach/Engagement
In
Progress N/A
Sepulveda Canyon Monitoring
Study
New Program
In
Progress N/A
Watershed Management
Program Adaptive
Management and Progress
Reporting
New Program
In
Progress N/A
Wildfire Prevention Measures New Program
In
Progress N/A
SCW Municipal Annual Report Page 7 of 8
45 4 FINANCIAL & ACTIVITY RELATED DOCUMENTS
The following documents are supplemental to the above information.
Attachments for this Section
Attachment Name Description
None provided N/A
Attachments are bundled and organized at the end of this document after activities, with cover pages between each subsection.
5 ACTIVITY PROGRESS IMAGES
The following images illustrate Activity progress.
Attachments for this Section
Attachment Name Description
None provided N/A
No images provided
SCW Municipal Annual Report Page 8 of 8
46 Municipal Activity Reports
ACTIVITY OVERVIEW (1 of 9)
ACTIVITY
NAME Coordinated Integrated Monitoring
NEW OR
EXISTING
Existing
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 30,000.00
Annual
Expense Total
$ 1,906.00
SCW Municipal Activity Page 1 of 9
47 ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 9
48 ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
Implementation of the Palos Verdes Peninsula
Coordinated Integrated Monitoring Program.
Activity
Background
The MS4 Permit requires a Monitoring and Reporting
Program to assess the chemical, physical, and
biological impacts of municipal stormwater discharges
on local surface water quality, evaluate compliance with water quality objectives, characterize pollutant loads in municipal discharges, identify the source of pollutants in discharges, and measure the effectiveness of the
projects and programs included in the PVP WMP in
reducing pollutant loading. The City of Rolling Hills,
along with the cities of Palos Verdes Estates, Rancho
Palos Verdes, Rolling Hills Estates, the County of Los
Angeles and the Los Angeles County Flood Control
District (Palos Verdes Peninsula CIMP group), have
been collaborating on the implementation of the
Coordinated Integrated Monitoring Program (CIMP) to
meet Permit requirements. The receiving water and
outfall data collected by the CIMP are used to evaluate and refine the projects and programs in the WMP.
SCW Municipal Activity Page 3 of 9
49 Description of
Progress
The City in collaboration with its Palos Verdes Peninsula (Peninsula) Watershed Management Area partners
completed the seventh year of monitoring and reporting
under the CIMP. Work completed during the year
included but was not limited to:
- receiving water sampling and analysis of a suite of
analytical parameters at two (2) near-shore monitoring
locations in the Santa Monica Bay (approximately 1000
feet offshore) during three (3) wet weather events and
two (2) dry weather events per year;
- weekly indicator bacteria monitoring at five (5) Santa Monica Bay shoreline locations;
- stormwater outfall water quality and flow monitoring at three (3) locations during three (3) wet weather events per year
- monthly monitoring of nitrogen and phosphorus in
discharges from four storm drain locations for the
Machado Lake TMDL
Were there
Delays? N/A
Description of
Delays N/A
Highlights and
Accomplishments
First year of monitoring and reporting via a new CIMP
consultant was completed successfully with all reports
submitted on time.
Gaps and
Lessons Learned
City's share of CIMP monitoring and reporting costs
were covered by accrued, unspent funds from prior
fiscal years under the CIMP MOU. Therefore no costs
other than for review of revisions to the CIMP were
incurred during the current fiscal year.
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 9
50 ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
FY2020-21 CIMP
Implementation
Implementation 06/30/21 Yes
FY2021-22 CIMP
Implementation
Implementation 06/30/22 Yes
FY2022-23 CIMP
Implementation
Implementation 06/30/23 Yes
FY2023-24 CIMP
Implementation
Implementation 06/30/24 No
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The CIMP provides valuable data on the quality of municipal discharges and their impacts on receiving water quality.These dataare evaluated on an annual basis and used to inform and refine the City's Stormwater Management Program, thus supportingimproved water quality and protection of public health.
C. Does this project improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helpingcommunities mitigate and adapt to the effects of climate change through activities such as increasingshade and green space?
The CIMP provides valuable data on the quality of municipal discharges and their impacts on recreational receiving water quality.These dataare evaluated on an annual basis and used to inform and refine stormwater projects and programs, thus supportingimproved recreational receiving water quality and protection of public health.
D. Does this project leverage other fundingsources to maximize SCW Program Goals?
Themunicipalgeneral fund is leveraged to cover the City's share of the CIMP not recovered through the MunicipalSafe Clean Water Program. Implementation ofa CIMP also provides the opportunity to coordinatemonitoring efforts on a watershed scale which increases the cost-efficiency and effectiveness of this water quality monitoring program.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
These dataare evaluated on an annual basis and used to adaptively manage and refine both the CIMP as wellas the City's Stormwater Management Program.
SCW Municipal Activity Page 5 of 9
51 M. Does this project promote green jobs and career pathways? The Peninsula CIMP Implementation began in 2016 followingapproval of the program by the LA Water Board.This program represents asubstantial increase in ongoing monitoring effort over previous efforts which has resulted in increased employment for staff conductingthe field sampling, laboratory staff conductingthe water quality analysis,and professional staff thatcompile, review and report on the results.
SCW Municipal Activity Page 6 of 9
52 ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
Funding
from nonSCW
sources
Portion of the
full cost of the
activity
provided by
non-SCW
sources
Cost
Share
0 $ 65522.7 $
Portion of
City's
CIMP cost
provided
from the
City's
General
Fund
since
inception
of SCW
Program
funding
(same as
FY21-22).
SCW Municipal Activity Page 7 of 9
53 Water
Quality
Monitoring
Outfall and
receiving water
monitoring is
conducted
through the
Coordinated
Integrated
Monitoring
Program to
evaluate
progress
toward
attainment of
water quality
objectives and
to adaptively
manage water
quality control
measures.
Water
Quality
67 sample
events
200 sample
events
3 wet
weather
stormwater
outfall and
receiving
water
sample
events
conducted
annually,
plus 12
dry
weather
outfall
monitoring
events and
52 shoreline
receiving
water
events
annually.
SCW Municipal Activity Page 8 of 9
54 ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
SCW Municipal Activity Page 9 of 9
55 ATTACHMENTS FOR SECTION:
Activity Documents
56 ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
57 Municipal Activity Reports
ACTIVITY OVERVIEW (2 of 9)
ACTIVITY
NAME
Development & Implementation of Community
Outreach/Engagement
NEW OR
EXISTING
New
ACTIVITY
TYPE
Stakeholder & Community Outreach/Engagement
STATUS In Progress
Annual Plan
Amount
$ 2,100.00
Annual
Expense Total
$ 4,133.00
SCW Municipal Activity Page 1 of 9
58 ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 9
59 ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
Develop, adapt, & track community outreach &
engagement to target water quality priorities and
address new watershed information.
Activity
Background
The Peninsula WMG in collaboration with the Beach
Cities WMG develops and disseminates stormwater
outreach content to the local community via the South
Bay Cities Council of Governments (SBCCOG)
environmental programs webpages. This outreach
program also includes the development of periodic
supplemental outreach pieces for dissemination through
participating jurisdictions’ e-news and social media
channels to extend the reach of the messaging and
draw traffic to the website content.
Description of
Progress
The Sustainable Landscapes and Gardens page was
updated and published on the SBESC website. The
Rainwater Harvesting media kit was updated with a new
slogan, and a rainwater harvesting handout was
developed for use at public events. Metrics for outreach and engagement activities were tracked. Newsletter
articles were developed to promote the rainwater
harvesting program and the environmental programs
webpage.
Were there
Delays? N/A
Description of
Delays N/A
SCW Municipal Activity Page 3 of 9
60 Highlights and
Accomplishments
The updated Sustainable Landscapes and Gardens
page includes tips on choosing native, drought tolerant and locally adapted plants, irrigating responsibly and
building healthy soil. The Rainwater Harvesting Media
Kit was updated to utilize the slogan "Tap the Rain" and includes full- and half-page flyers for incorporation into e-newsletters and printed outreach materials, social
media posts formatted for Facebook, Instagram and
Twitter and including sample post copy, high resolution photos and South Bay Rainwater Harvesting logos for
use in outreach materials, and an event poster with a
QR code that links back to the South Bay Rainwater
Harvesting webpage.
Gaps and
Lessons Learned
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 9
61 ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
None provided N/A N/A N/A
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The central purpose of this program is community engagement in stormwater pollution prevention and rainwater harvestingactivities.
B. Does this project increase drought preparedness bycapturing more Stormwater and/or Urban Runoff to store,clean, reuse, and/or recharge groundwater basins? A key focus of this community outreach and engagement is to promote rainwater collection at the individual property leveland promote landscaping with native, drought tolerant plants which will increase drought preparedness and reduce reliance on imported potable water for landscaping.
C. Does this project improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helpingcommunities mitigate and adapt to the effects of climate change through activities such as increasingshade and green space?
One of the goals of this activity is to encourage adaptation to the effects of climate change through increased drought preparedness of residential landscapes and reduced use of potable water for landscaping.
D. Does this project leverage other fundingsources to maximize SCW Program Goals?
These activities are jointly implemented by the Palos Verdes Peninsulaand Beach Cities Watershed Management Groups who through these joint efforts are able to extend the reach and effectiveness of the program and significantly leverage fundingcontributions by each participatingjurisdiction. Italso encourages individual property owners and residents to invest in meetingthese SCW program goals, further extendingthe leverage of these funds.
F. Does this project prioritize Nature-Based Solutions? This outreach is intended to encourage use of native, drought tolerant plants in landscapingand retention of rainwater on properties by filteringthrough native soils and rain gardens to improve the quality of stormwater runoff through nature- based solutions.
G. Does this project provide a spectrum of project sizes from neighborhood to regional scales?
SCW Municipal Activity Page 5 of 9
62 This activity focuses on projects at the parcel level.
H. Does this project encourage innovation and adoption of new technologies and practices.?
The program encourages innovation and adoption of rainwater harvesting practices on individual properties.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
Tracking of website hits will be used to evaluate the effectiveness of the outreach and engagement program and to make adaptive changes in response.
SCW Municipal Activity Page 6 of 9
63 ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
Acreage
increases in
Nature-Based
Solutions and
claimed level of
NBS
N/A N/A
Not feasible to
track watershed
wide based on
outreach and
engagement
activities.
Creation,
enhancement, or
restoration of
Community
Investment
Benefits
N/A N/A
Not feasible to
track watershed
wide based on
outreach and
engagement
activities.
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
SCW Municipal Activity Page 7 of 9
64 Website
Activity
Visits to the
Environmentally
Friendly
Landscaping,
Gardening and
Pest Control
webpages on
the South Bay
Cities Council
of Governments
environmental
program site.
outreach
and
engagement
825
page
views
N/A
page
views
130 views of
the Integrated
Pest
Management
page, 234
views of the
Sustainable
Landscapes
and Gardens
page, 72 views
of the South
Bay California
Friendly
Demonstrations
Gardens page,
389 views of
the Rainwater
Harvesting
page.
SCW Municipal Activity Page 8 of 9
65 ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
SCW Municipal Activity Page 9 of 9
66 ATTACHMENTS FOR SECTION:
Activity Documents
67 ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
68 Municipal Activity Reports
ACTIVITY OVERVIEW (3 of 9)
ACTIVITY
NAME
Enhanced Sediment Source Control
NEW OR
EXISTING
New
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 5,000.00
Annual
Expense Total
$ 5,291.00
SCW Municipal Activity Page 1 of 8
69 ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 8
70 ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
The City code enforcement contractor spends about
10% of time conducting enforcement of construction
sites and the brush control ordinance.
Activity
Background
The need for increased control of suspended sediment
in stormwater discharges has been identified through
analysis of data collected under the CIMP. Wildfire
prevention is a key control measure in very high fire
areas for preventing mobilization of toxic pollutants in stormwater. In 2019, the City began dedicating
approximately 10% of Code Enforcement staff time to
conducting outreach and providing additional oversight
of construction sites beyond that being provided by
contract building & safety inspectors. More recently the scope of the efforts have expanded to include
enforcement of the City's brush/vegetation control
ordinance.
Description of
Progress
Contract code enforcement officer conducted inspection
and enforcement of non-compliant construction sites
and properties not in compliance with the City's dead
vegetation and brush control requirements.
Were there
Delays? N/A
Description of
Delays N/A
SCW Municipal Activity Page 3 of 8
71 Highlights and
Accomplishments
During the reporting year, eight (8) enforcement actions were taken related to non-compliant construction
activities and 33 code compliance cases were opened
involving dead vegetation or trees. Construction sites
with BMP violations were issued a "blue notice"
requiring that all work be stopped and the appropriate
corrections made before resuming work. At the end of
the year all but 3 open cases of dead vegetation/trees
had been resolved and the cases closed.
Gaps and
Lessons Learned N/A
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 8
72 ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
FY2019-20 and
FY2020-21
Enhanced
Sediment Source
Control
Implementation 06/30/21 Yes
FY2021-22
Enhanced
Sediment Source
Control
Implementation 06/30/22 Yes
FY2022-23
Enhanced
Sediment Source
Control
Implementation 06/30/23 Yes
FY2023-24
Enhanced
Sediment Source
Control
Implementation 06/30/24 No
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? By enhancingsource controls of sedimentand erosion on construction sites the discharge of sedimentand sediment-borne pollutants to receiving waters can be reduced in order to supportattainment of water quality objectives for these pollutants.
D. Does this project leverage other fundingsources to maximize SCW Program Goals?
The balance of the code enforcementcontractor's pay for work conducted in the City is covered by the City's general fund. Additionally, the smallconstruction site brochure used to educate construction site workers was also developed through contributions from the City's general fund in combination with funds from the other agencies in the Peninsula WMG and the Beach Cities WMG.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
This program was initiated and is beingimplemented as aresult ofan iterative adaptivemanagement process arisingfrom CIMP monitoring dataas wellas State Water Board SMARTS datafrom large SCW Municipal Activity Page 5 of 8
73 construction sites within the City.
SCW Municipal Activity Page 6 of 8
74 ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
Enhanced
Sediment
Source
Control
Code
enforcement
officer hours
dedicated to
enhanced
oversight of
construction
sites to
enhance
source
control of
sediment.
Water
Quality
83 hours/year
707
hours/year
10% of
contract
code
enforcement
hours
dedicated to
construction
oversight
and
dead/dry
vegetation
ordinance
enforcement.
Contract is
for 16 hours
weekly.
SCW Municipal Activity Page 7 of 8
75 ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
SCW Municipal Activity Page 8 of 8
76 ATTACHMENTS FOR SECTION:
Activity Documents
77 ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
78 Municipal Activity Reports
ACTIVITY OVERVIEW (4 of 9)
ACTIVITY
NAME
Expanded Low Impact Development
NEW OR
EXISTING
New
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 15,000.00
Annual
Expense Total
$ 7,376.00
SCW Municipal Activity Page 1 of 8
79 ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 8
80 ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
This activity will establish a program of expanded low
impact development for new and redevelopment of
single-family residential projects.
Activity
Background
A fundamental element of low impact development (LID)
is effective site design. Effective site design preserves and/or creates natural landscape features that promote
percolation of stormwater on-site, minimizes
impermeable surfaces that create runoff, and uses
permeable paving for exterior paved surfaces where
feasible. Effective site design practices are no more
complex than what is normally undertaken by architects
and landscape designers for a typical new or
redevelopment project and therefore can be applied to
most new and redevelopment projects during planning
and design, regardless of whether they trigger the
numeric performance requirements of Priority
Development Projects as defined in the Regional MS4
Permit. Applying effective site design practices to
development projects more broadly will increase
stormwater detention and retention across more
properties in the City, improving downstream water
quality and reducing hydromodification impacts. This
activity will develop guidelines and outreach materials to implement a program of expanded LID via effective site
design practices.
Description of
Progress
Revisions to the municipal code to incorporate authority for expanded LID requirements were presented first to
the City Planning Commission, and then to the City
Council. The City Council held two public hearings and
approved the municipal code revisions which were duly
enacted. A customized, six-page color brochure was
developed to explain the City's LID requirements for
dissemination to developers and property owners.
SCW Municipal Activity Page 3 of 8
81 Were there
Delays? N/A
Description of
Delays N/A
Highlights and
Accomplishments
Municipal code revisions were adopted by City Council
which includes authority for expanded LID and
hydromodification requirements. The City's LID brochure describing the expanded LID requirements was
completed.
Gaps and
Lessons Learned N/A
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 8
82 ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
Guidelines and
Outreach
Materials
Planning (Preimplementation)
06/30/23 Yes
Guidelines and
Outreach
Materials
Implementation 06/30/24 No
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The program will increase detention and retention of stormwater runoff throughout the City and thereby supportMS4 Permitcompliance viaretention of the 85%, 24-hr storm runoff events.The program willalso reduce erosion impacts on the extensive naturalcanyon drainage system thereby reducingsediment-borne pollutants in stormwater discharges to impaired receiving waters above the 85%, 24-hr storm runoff events.
D. Does this project leverage other fundingsources to maximize SCW Program Goals?
Implementation of the program will occur primarily through private redevelopment funds providing significant leverage of the SCW funds.
E. Does this project invest in infrastructure that provides multiple benefits? When applied broadly to new and redevelopment projects, this program will help reduce downstream floodingand erosion impacts in the City’s naturalcanyon system.Effective site design via expanded LID will help to reduce peak stormwater flows that damage natural drainage courses and downstream properties, with reduced scouring of channels, sedimentand debris and associated pollutant loads. The additional benefits of retention for property landscapes, whether designed or natural,are that rainwater is stored in the soil pore spaces for uptake by plants over time, this encourages deep rootgrowth for drought resilience. Additionally, since rainwater is much lower in mineralcontent than potable water used for irrigation, it will dilute and flush outaccumulated salts in the soils from irrigation.
F. Does this project prioritize Nature-Based Solutions? The focus of this program is on utilizing nature-based solutions such as natural landscapingand infiltration into native soils to detain and retain stormwater.
G. Does this project provide a spectrum of project sizes from neighborhood to regional scales?
This program promotes and facilitates nature-based solutions at the individual property scale.
SCW Municipal Activity Page 5 of 8
83 L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
This program is being developed over the course of severalyears through engagement with the City Council and Planning Commission and has evolved and willcontinue to be adaptively managed as it is implemented.
SCW Municipal Activity Page 6 of 8
84 ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
None
Provided N/A N/A N/A N/A N/A
SCW Municipal Activity Page 7 of 8
85 ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
RH_LID Handout(compressed).pdf
Below are the project images.
No images provided
SCW Municipal Activity Page 8 of 8
86 ATTACHMENTS FOR SECTION:
Activity Documents
87 Low Impact Development
Site Planning, Design and Best Practices for Using
Rainwater as a Resource
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
310-377-1521
88 2
This page intentionally left blank.
89 Low Impact Development for
Rainwater Management
Low impact development (LID) applies
thoughtful planning and site design to
use rainwater as a resource onsite
while creating aesthetically appealing
landscape features. LID minimizes
stormwater runoff from the site which
reduces impacts to downstream
properties, drainage infrastructure,
aquatic habitats and recreational
waterbodies.
Site Planning and Design Practices
apply to all development projects.
These practices are summarized
below and in more detail on page 5.
Site Planning & Design must:
v Conserve natural areas.
v Minimize impervious areas.
v Protect slopes and channels.
v Divert roof runoff and surface
flow to vegetated areas unless
the diversion would result in
slope instability.
The Priority Development Projects as categorized below must also meet specific technical performance requirements for stormwater described on the next page:
Project Categories New Development Redevelopment
Residential and any other type
of project not listed below that:
adds 10,000+ SF of
impervious surface area*
and disturbs 1+ acres of
land area
creates or replaces 5,000+ SF
of impervious area* on
existing site of 10,000+ SF of
impervious area
Project with a parking lot: and creates 5,000+ SF of
impervious surface*
and project creates or
replaces 5,000+ SF of
impervious surface*
Project located in, adjacent to
or discharging directly to a
Sensitive Ecological Area:
and creates 2,500+ SF of
impervious area
and creates or replaces
2,500+ SF of impervious area
*collectively over the project site
Note: Development projects disturbing one (1) or more acres of land must conform to the State Water Board Construction General Permit requirements, including development of a Stormwater Pollution Prevention Plan.
90 Priority Development Project Performance Requirements
1. Priority Development Projects must
retain onsite the Storm Water Quality
Design Volume (SWQDv) defined as
the runoff from whichever is greater:
v ¾ inch, 24-hour rain event or
v 85th percentile, 24-hour rain
event
This volume of stormwater is to be
retained using one or a combination
of onsite infiltration, bioretention
and/or rainfall harvest and use as
discussed on page 6.
3. Projects that include 10,000+ SF of
new roads must follow USEPA
Guidance on green streets.
2. Priority Development Projects
disturbing more than 1 acre of land
must control hydromodification
impacts to natural drainage courses
using one of the Hydromodification
Management Control Criteria in the
municipal NDPES permit or must
demonstrate the hydromodification
requirements in the LA County LID
Manual are met.
4. Submittal requirements for Priority
Projects include:
v Post-Construction Stormwater
Mitigation/LID Plan, including
BMP placement & sizing
calculations
v Operation and Maintenance
Plan
v Maintenance Agreement
Alternative Mitigation for Technical Infeasibility of
Retaining SWQDv: Onsite Biofiltration
Projects may use onsite biofiltration or one of the other alternative compliance measures for requirement 1 above only after submitting a report demonstrating the infeasibility of retaining 100% of the SWQDv. The Project must consider the maximum potential for rainfall harvest & use before a finding of technical infeasibility can be made.
Onsite biofiltration must:
v Address 1.5 times the volume of the SWQDv that is not retained onsite v Meet design specifications in the LA County LID Manual v Be designed to promote incidental infiltration
4 91
Site Planning and
Design Practices for
All Development
Projects
Conserve Natural Areas
Protect natural areas from clearing and grading
and integrate natural areas into the project
landscape plan. This protects the habitat value
and hydrologic function of native soils and plants.
Protect Slopes and Channels
Design the site plan to maintain natural drainage
patterns and protect slopes and channels from
erosion. This reduces impacts from storm flows on
natural drainage courses, downstream properties
and roadways.
Minimize Impervious Areas
At least 50% of paved areas with slopes<10% must
be permeable. There are many attractive
pavement choices for functional hardscapes that
allow rainwater to soak into subsoils to minimize
downstream impacts from runoff.
Minimize Soil Compaction
Limiting heavy equipment onsite during
construction, keeping it outside the boundary of
existing tree canopy, and amending soil in
landscape areas will minimize soil compaction
and restore soil permeability. Healthy soils provide
for resilient landscapes, encouraging rainwater
retention and avoiding loss of valuable trees and
plants.
Direct Runoff to Vegetated Areas
Rainwater runoff from impervious surfaces like
roofs and driveways should be directed to
permeable paving, rain gardens, or other
vegetated areas where feasible while protecting
slope stability. This allows rainwater to soak into
the soil to promote resilient landscapes with deep
root growth, avoiding loss of precious rain offsite.
Runoff from at least 90
% of impermeable surface
areas must be routed toward permeable paving
or vegetated areas.
The South Bay Homeowner’s Guide to
Rainwater Harvesting provides details on how to
size and incorporate rain gardens and
vegetated areas into your project to create
resilient landscapes. Refer to the LA County LID
Standards Manual for guidance on installation
of permeable paving.
92 Stormwater Control
Measures for Priority
Development Projects
Refer to the LA County LID Standards
Manual
, the RHMC Chapter8.32 and the
South Bay Homeowner’s Guide to Rainwater
Harvesting for more information on these
measures.
Infiltration
Infiltration stormwater control measures are
constructed witha permeable base and
storage component that together are
designed to retain and percolate the SWQDv
into subsurface soils. Examples of infiltration
control measures include permeable
pavement with storage in the underlayment,
subsurface infiltration trenches, infiltration
basins, and dry wells.
Bioretention
Bioretention stormwater control measures are
vegetated shallow depressions that provide
storage, infiltration, and evapotranspiration of
rainwater. Bioretention measures are
designed to retain the SWQDv and must not
include an underdrain. Examples of
bioretention systems include vegetated
planter boxes, naturalized detention basins,
and rain gardens.
Rainfall Harvest and Use
Rainfall Harvest and Use captures stormwater
from impervious surfaces such as rooftops and
holds it for non-potable use in landscape and
garden irrigation or hand watering. Rainwater
can be collected for use ina variety of vessels
from smaller rain barrels for hand watering to
large, custom-built cisterns with filters for
landscape irrigation.
Biofiltration
Biofiltration stormwater control measures may
be used ona project that has demonstrated
the technical infeasibility of retaining the
SWQDv. Pollutants are removed by filtering
stormwater through plants and engineered
soils. Biofiltration must address1.5x the non-
retained SWQDv. Note,
a project must
consider the maximum application of rainfall
harvest& use beforea finding of technical
infeasibility can be made.
Alternative Control Measures Alternative stormwater control measures, such as offsite infiltration or retrofit, can be used if
infiltration, bioretention, rainfall harvest and
use, and/or biofiltration are found to be
infeasible. Alternative control measures
requirea report of technical infeasibility and
approval of the City.
93 ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
94 Municipal Activity Reports
ACTIVITY OVERVIEW (5 of 9)
ACTIVITY
NAME Monitoring Program Revision & Implementation
NEW OR
EXISTING
New
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 1,800.00
Annual
Expense Total
$ 0.00
SCW Municipal Activity Page 1 of 8
95 ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 8
96 ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
Revision of the Peninsula CIMP and TMDL monitoring
program to incorporate and implement new
requirements of the 2021 Regional MS4 Permit.
Activity
Background
The 2021 Regional MS4 Permit requires the Permittees
to submit an updated monitoring program for approval
by the LA Water Board to incorporate applicable
requirements of the permit and must implement those
new requirements immediately upon approval.The City
of Rolling Hills, along with the cities of Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills Estates, the County of Los Angeles and the Los Angeles County
Flood Control District (Palos Verdes Peninsula CIMP
group), have been collaborating on the implementation
of the Coordinated Integrated Monitoring Program
(CIMP) to meet Permit requirements and have
contracted for the revision and implementation of the
CIMP via an MOU for cost sharing.
Description of
Progress
The Palos Verdes Peninsula Watershed Management
Group (Peninsula WMG), with the assistance of its
consulting team, prepared a revision of the Peninsula
CIMP to incorporate new requirements of the 2021
Regional MS4 Permit.
Were there
Delays? N/A
Description of
Delays N/A
Highlights and
Accomplishments
The CIMP revisions were completed and submitted to
the LA Water Board by the MS4 Permit deadline.
SCW Municipal Activity Page 3 of 8
97 Gaps and
Lessons Learned N/A
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 8
98 ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
Revise Peninsula
CIMP
Planning (Preimplementation)
03/31/23 Yes
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The datacollected by the CIMP are used to evaluate the effectiveness of the EWMP and adaptively manage the projects and programs in the EWMP. This activity will update the CIMP to more effectively obtain meaningful dataand implement lessons learned duringthe first five years of CIMP implementation.
C. Does this project improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helpingcommunities mitigate and adapt to the effects of climate change through activities such as increasingshade and green space?
The CIMP provides data on the quality of municipal discharges and their impacts on recreational receiving water quality.
D. Does this project leverage other fundingsources to maximize SCW Program Goals?
Themunicipalgeneral fund is leveraged to cover the City's share of the CIMP not recovered through the MunicipalSafe Clean Water Program. Implementation ofa CIMP also provides the opportunity to coordinatemonitoring efforts on a watershed scale which increases the cost-efficiency and further leverages the funding of this water quality monitoring program.
H. Does this project encourage innovation and adoption of new technologies and practices.?
The updated CIMP will take advantage ofadvances in analyticalmethodology and refine water sampling practices to more effectively collect meaningful water quality data.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
These dataare evaluated on an annual basis and used to adaptively manage and refine both the CIMP as wellas the City's Stormwater Management Program.
M. Does this project promote green jobs and career pathways? The revision of the CIMP and implementation of the new provisions represents an increase in ongoing monitoring effort which will result in increased employment for staff conductingthe field sampling, SCW Municipal Activity Page 5 of 8
99 laboratory staff conductingthe water quality analysis,and professional staff thatcompile, review and report on the results.
SCW Municipal Activity Page 6 of 8
100
ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
None
Provided N/A N/A N/A N/A N/A
SCW Municipal Activity Page 7 of 8
101
ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
SCW Municipal Activity Page 8 of 8
102
ATTACHMENTS FOR SECTION:
Activity Documents
103
ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
104
Municipal Activity Reports
ACTIVITY OVERVIEW (6 of 9)
ACTIVITY
NAME
SCW Municipal Program Planning and Reporting
NEW OR
EXISTING
New
ACTIVITY
TYPE
Stakeholder & Community Outreach/Engagement
STATUS In Progress
Annual Plan
Amount
$ 8,000.00
Annual
Expense Total
$ 7,269.00
SCW Municipal Activity Page 1 of 8
105
ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 8
106
ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
Stakeholder and community engagement in
programming the City's Municipal SCW program funds
and preparing annual plans and reports.
Activity
Background
Municipalities must undertake a significant planning
effort to prioritize projects and programs to assist in achieving compliance with the Regional MS4 Permit
(MS4 Permit), consider municipal-level requests for
infrastructure projects from eligible project applicants, and annually prepare and provide informational
materials to the public on actual and budgeted use of
revenues from the SCW Municipal Program. The SCW
Program Implementation Ordinance, Section 18.09.B.5.,
requires municipalities to develop and submit to the
District an Annual Plan detailing how Municipal Program funds will be used during the ensuing year. The Annual
Plan must include anticipated projects and programs,
stakeholder engagement activities, an initial
programmatic budget, and the SCW Program Goals that
are supported by the planned expenditures. In addition
to the annual planning effort, the SCW Implementation
Ordinance, Section 18.06.D., requires municipalities to prepare and submit an Annual Progress/Expenditure
Report to the District summarizing expenditures during
the previous fiscal year, describing the work
accomplished, progress and metrics, including
stakeholder engagement activities.
The City actively engages its City Council and residents on matters of significance through duly noticed agendas and public meetings. The Annual Plans and Annual
Progress/Expenditure Reports are also placed on City
Council agendas for consideration and are publicly
posted on the District's Safe, Clean Water Program
website.
SCW Municipal Activity Page 3 of 8
107
Description of
Progress
During the reporting year, the City's FY2021-22
Municipal SCW Annual Report was prepared and
submitted in December 2022.The City's FY2023-24
Municipal SCW Annual Plan budget was developed,
publicly noticed and considered by the City Council,
followed by preparation of the annual plan supporting
narrative.
Were there
Delays? N/A
Description of
Delays N/A
Highlights and
Accomplishments
The City's FY2021-22 Municipal SCW Annual Report
was successfully submitted to the District in December
2022 via the SCW website reporting portal. The City's
FY2023-24 Municipal Safe Clean Water Annual Plan
was submitted to the Districts via the SCW website
portal.
Gaps and
Lessons Learned N/A
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 8
108
ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase
Estimated
Completion
Date
Complete?
FY2019-20
Municipal
Program
Planning
Planning (PreMeeting)
06/30/20 Yes
FY2019/20 and
FY2020/21
Municipal
Program
Planning
Meeting with
Stakeholders &
Community Members
04/05/21 Yes
FY2021-22
Municipal
Program
Planning &
Reporting
Outreach/Engagement
Implementation
04/15/22 Yes
FY2022-23
Municipal
Program
Planning &
Reporting
Outreach/Engagement
Implementation
04/15/23 Yes
FY2023-24
Municipal
Program
Planning and
Reporting
Outreach/Engagement
Implementation
06/30/24 No
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The planning effort to identify and prioritize projects and programs that will help meetMS4 Permit objectives contributes to the attainment of water quality requirements.
F. Does this project prioritize Nature-Based Solutions? The City of Rolling Hills general plan by design emphasizes protection of naturalareas and minimizes gray SCW Municipal Activity Page 5 of 8
109
infrastructure in favor of natural drainage systems.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
This planning effort,along with the Annual Progress/Expenditure Report, comprise an iterative planningand evaluation process as they provide opportunities for the City to assess its MunicipalSCW Program expenditures and to modify its priority projects and programs to better meet water quality requirements usingSCW funds.
SCW Municipal Activity Page 6 of 8
110
ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
None
Provided N/A N/A N/A N/A N/A
SCW Municipal Activity Page 7 of 8
111
ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
SCW Municipal Activity Page 8 of 8
112
ATTACHMENTS FOR SECTION:
Activity Documents
113
ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
114
Municipal Activity Reports
ACTIVITY OVERVIEW (7 of 9)
ACTIVITY
NAME
Sepulveda Canyon Monitoring Study
NEW OR
EXISTING
New
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 18,000.00
Annual
Expense Total
$ 13,434.00
SCW Municipal Activity Page 1 of 7
115
ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
SCW Municipal Activity Page 2 of 7
116
ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude
33.77366841947217, -118.34838407336514
Activity
Description
Monitoring of the City's largest canyon drainage system to collect continuous flow data to demonstrate
stormwater retention effectiveness.
Activity
Background
This monitoring study within the city's largest canyon
catchment is being conducted to evaluate the function
and potential for enhancement of the natural retentive
capacity of the City's canyon drainage systems.
Sepulveda Canyon is an unimproved natural drainage
course with a tributary area of 280 acres within the
Machado Lake Watershed area of the City. The
operating procedures for this monitoring study are
consistent with the current MS4 outfall monitoring
program being conducted under the Palos Verdes
Peninsula CIMP and include collection of continuous
flow monitoring data along with field measurements and
observations. The data collected is being used to
assess the effectiveness of the City’s natural canyon
drainage systems in retaining stormwater runoff and will assist the City in adaptively managing its stormwater
management activities and projects.
Description of
Progress
Flow monitoring data was collected throughout the rain
year along with water quality sampling and analysis of
stormwater runoff.
Were there
Delays? N/A
Description of
Delays N/A
Highlights and
Accomplishments
A third year of continuous flow monitoring was
successfully completed in the representative natural
drainage course without damage to instruments during
an extremely wet rain year allowing for collection of key data.
SCW Municipal Activity Page 3 of 7
117
Gaps and
Lessons Learned N/A
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
SCW Municipal Activity Page 4 of 7
118
ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
FY2020-21
Sepulveda
Canyon
Monitoring
Implementation 05/31/21 Yes
FY2021-22
Sepulveda
Canyon
Monitoring
Implementation 05/31/22 Yes
FY2022-23
Sepulveda
Canyon
Monitoring
Implementation 05/31/23 Yes
FY2023-24
Sepulveda
Canyon
Monitoring
Implementation 06/30/24 No
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? This monitoringstudy provides key information on the City's progress towards meetingTMDL waste load allocations specified in the RegionalMS4 Permit.
F. Does this project prioritize Nature-Based Solutions? This monitoringstudy is being used to demonstrate the City's network of naturalcanyon drainage systems as a nature-based runoff retention strategy for stormwater management,and to understand the functionality and potential for enhancement of these systems.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
This study incorporates an iterative evaluation process since the initial intent of the study was to support development ofa potential stormwater capture project, but based on the results of the firstyear of monitoring which demonstrated the effectiveness of nature-based canyon systems in retainingstormwater runoff, the focus of the study has been shifted towards further studyingand maximizingthe effectiveness of these nature-based retention systems.
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ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
Rain
events
monitored
number of rain
events
monitored
during the
reporting year
Water
Quality
34 rain
events
50 rain
events
During the
reporting
year a
total of 34
rain events
greater
than or
equal to
0.1 inch
rainfall
were
monitored
for flow in
Sepulveda
Canyon.
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ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
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ATTACHMENTS FOR SECTION:
Activity Documents
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ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
123
Municipal Activity Reports
ACTIVITY OVERVIEW (8 of 9)
ACTIVITY
NAME
Watershed Management Program Adaptive Management
and Progress Reporting
NEW OR
EXISTING
New
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 10,000.00
Annual
Expense Total
$ 2,586.00
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ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
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ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
Participation in the Peninsula WMP adaptive
management and progress reporting efforts.
Activity
Background
Upon adoption of the new Regional MS4 Permit in
August 2021, the City was afforded the opportunity to
participate in the Palos Verdes Peninsula Watershed
Management Program (Peninsula WMP) by updating
the WMP to include its watershed areas and naturebased stormwater retention systems into the program.
The Sepulveda Canyon monitoring study has confirmed
the effectiveness of the City's nature-based stormwater retention canyon drainage systems. This activity
includes effort for the City's participation in the
Peninsula WMP adaptive management evaluations and
semi-annual progress reporting efforts as required by
the Regional MS4 Permit.
Description of
Progress
Revisions were made to the Peninsula WMP to
incorporate conditions of approval by the LA Water
Board. The City participated in and contributed to its
first semi-annual watershed progress report.
Were there
Delays? Yes
Description of
Delays
The LA Water Board was delayed in providing its
conditional approval of the City joining the Peninsula
WMP.
Highlights and
Accomplishments
The City was gratified to receive conditional approval
from the LA Water Board for its joining the Peninsula
WMP based on its nature-based runoff retention
program.
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Gaps and
Lessons Learned
The actual expenditures were substantially less than
planned for this activity due to the delayed approval of the Peninsula WMP which meant the City only
participated in one of the semi-annual progress reports.
Additionally only minor revisions to the City's
subsections of the Peninsula WMP were needed to
respond to the LA Water Board conditions of approval.
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
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ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
Addendum to
Peninsula EWMP
Planning (Preimplementation)
01/31/22 Yes
Revise Peninsula
EWMP
Planning (Preimplementation)
12/30/22 Yes
Semi-Annual
Progress
Reporting
Implementation 06/30/23 Yes
Semi-Annual
Progress
Reporting
Implementation 06/30/24 No
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The Peninsula Watershed Management Program (WMP) provides aroadmap for improving water quality and prioritizing nature based solutions. Inclusion of the City's watershed areas in the Peninsula WMP will demonstrate the effectiveness of nature-based solutions in attaining water quality objectives. The semiannual progress reportingand adaptivemanagementassessments will help to refine the Peninsula WMP and the City's Stormwater Programs to more effectively address water quality priorities.
B. Does this project increase drought preparedness bycapturing more Stormwater and/or Urban Runoff to store,clean, reuse, and/or recharge groundwater basins? Retention of stormwater through nature-based solutions increases drought resilience of landscapes.
Adaptively managingthe City's Stormwater Retention Program will help to ensure its effectiveness and determine whether enhancements can bemade to improve the program.
F. Does this project prioritize Nature-Based Solutions? Incorporation of the City's nature-based naturalcanyon retention system as an effective strategy for achieving water quality objectives prioritizes nature based solutions over gray infrastructure.
H. Does this project encourage innovation and adoption of new technologies and practices.?
The City’s wise application of its land use authority to protectand maintain the retentiveness of its natural canyon systems is an innovative watershed management practice which may encourage other jurisdictions to implement similar practices.
L. Does this project implement an iterative planning and evaluation process to SCW Municipal Activity Page 5 of 8
128
ensure adaptive management?
Inclusion of the City in the Peninsula WMP,along with semi-annual reporting will ensure an iterative planningand evaluation process to adaptively manage the City's Stormwater Retention program.
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ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
None
Provided N/A N/A N/A N/A N/A
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ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
None provided N/A
Below are the project images.
No images provided
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ATTACHMENTS FOR SECTION:
Activity Documents
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ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
133
Municipal Activity Reports
ACTIVITY OVERVIEW (9 of 9)
ACTIVITY
NAME Wildfire Prevention Measures
NEW OR
EXISTING
New
ACTIVITY
TYPE
Program
STATUS In Progress
Annual Plan
Amount
$ 10,000.00
Annual
Expense Total
$ 20,800.00
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ACTIVITY ORGANIZATIONAL OVERVIEW:
Individual Activity Reports contain the following sections.
ACTIVITY DETAILS
ACTIVITY SCHEDULE
ACTIVITY GOALS
ACTIVITY METRICS
ACTIVITY ADDITIONAL METRICS
ADDITIONAL DOCUMENTS
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ACTIVITY DETAILS
The following table summarizes general information about this Activity.
Latitude,
Longitude N/A
Activity
Description
Reduction of wildfire fuel on open space within the City by targeting the removal of invasive, non-native plants such as acacia and mustard.
Activity
Background
A substantial body of scientific research has found that wildfires can be a significant source of toxic pollutants in stormwater, and therefore the prevention of wildfires is an important measure to prevent the release of toxic
pollutants. The City is within a very high fire hazard
area of the Palos Verdes Peninsula and is undertaking
this task to reduce the risk of wildfires through the
expertise and services of the Palos Verdes Peninsula
Land Conservancy (PVPLC). The PVPLC utilizes a
specialized weeding approach to target removal of
invasive plants such as Acacia and Mustard and other
non-native plants which in turn improves native habitat for local wildlife, including the federally threatened
coastal California gnatcatcher, the cactus wren, a state species of concern, and the federally endangered Palos
Verdes Blue Butterfly. Acacia shrubs are highly
flammable and considered a high-hazard plant by LA
County Fire Department, and mustard, when dry
following the blooming season, is also a high-fire risk.
The PVPLC has qualified experts on staff to oversee the work and also utilizes volunteers and interns in the work which provides valuable learning opportunities for local youth and adult volunteers while augmenting the work
volume and controlling costs.
Description of
Progress
A third year of work was conducted by the Palos Verdes
Peninsula Land Conservancy to reduce wildfire fuel on
open space lands along the City boundary, targeting the removal of invasive, non-native, fire-prone mustard and acacia. Acacia shrubs are highly flammable and
considered a high-hazard plant by LA County Fire
Department, and mustard, when dry following the
blooming season is also a high fire risk.
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Were there
Delays? No
Description of
Delays N/A
Highlights and
Accomplishments
Work was completed to remove invasive, non-native,
fire-prone vegetation from 39.5 acres of open space
areas along the boundaries of the city. According to the Conservancy's Conservation Director, "Partnering with
Rolling Hills enables the Conservancy to reduce
hazardous vegetation for the benefit of local residents; the land can then become home to native plants and
wildlife."
Gaps and
Lessons Learned
Work for calendar year 2023 was completed sooner than
anticipated so that all of the costs were incurred within FY2022-23 resulting in double the cost anticipated for
this reporting year.
The following table describes which watersheds, and to what degree, benefit from this activity.
Watershed Benefit Breakdown
Watershed Name Benefit Percent
South Santa Monica Bay 100
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ACTIVITY SCHEDULE
The following table outlines the tasks and schedule forthis Activity.
Activity Schedule Table
Task Name Phase Estimated
Completion Date Complete?
None provided N/A N/A N/A
ACTIVITY GOALS
The following are the SCW goals this Activity intends to address.
A. Does this project improve water quality and contribute to attainment of waterqualityrequirements? The prevention of wildfires is an important measure to prevent the release of toxic pollutants.The LA Water Board and U.S.EPA have established TMDLs for toxic pollutants for all three receiving water bodies to which stormwater from the City is tributary, therefore prevention of wildfires prevents the release of toxic pollutants causingimpairment of these receiving waters.
B. Does this project increase drought preparedness bycapturing more Stormwater and/or Urban Runoff to store,clean, reuse, and/or recharge groundwater basins? This project increases drought preparedness by reducingthe likelihood of wildfires through wildfire fuel modification which also prevents the adverse effects of wildfires on soils post-fire to prevent increased runoffand reduced percolation of rainwater.
C. Does this project improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helpingcommunities mitigate and adapt to the effects of climate change through activities such as increasingshade and green space?
This project helps to improve public health by preventingthe contamination of recreational waters with toxic pollutants and assistingthe City's residents in adaptingto the effects of climate change through effectively managed open space.
D. Does this project leverage other fundingsources to maximize SCW Program Goals?
Fundingfor this activity is being offset by the City's general fund and by in-kind services of PVPLC's volunteers and youth interns.
F. Does this project prioritize Nature-Based Solutions? This activity prioritizes nature based solutions through control of non-native invasive plant species in favor of native plant species with characteristics thatare less flammable when properly managed and at the same time afford habitat for native wildlife.
G. Does this project provide a spectrum of project sizes from neighborhood to regional scales?
This activity is at the neighborhood scale.
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H. Does this project encourage innovation and adoption of new technologies and practices.?
By demonstratingappropriate fuelmodification control on open space areas, this activity demonstrates to volunteers, youth interns,and local property owners how to implement best practices for wildfire prevention while preserving native open space habitat on their own properties.
L. Does this project implement an iterative planning and evaluation process to ensure adaptive management?
The PVPLC's work includes monitoring of Acaciato prevent re-invasion in abated areas.
M. Does this project promote green jobs and career pathways? The PVPLC uses youth volunteers and interns as wellas paid field staff for conductingthe work overseen by on-staff experts which provides both job trainingand promotes green jobs.
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ACTIVITY METRICS
The following metrics aim to quantify or describe how this Activity contributed to the SCW goals identified above.
Activity Metrics Table
Metric Description Annual Value Since Inception
Value Discussion
None Provided N/A N/A N/A
ACTIVITY ADDITIONAL METRICS
The following metrics are suggested metrics to record in this report.
Activity Additional Metrics Table
Metric
Name Description RelatedGoals
Annual
Value
Since
Inception
Value
Discussion
None
Provided N/A N/A N/A N/A N/A
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ACTIVITY DOCUMENTS
The following documents are supplemental to this Activity’s description and background.
Attachments for this Section
Attachment Name Description
Conservancy Brings Expertise and
Assistance to the City of Rolling
Hills for Fuel Load Reduction _
Palos Verdes Peninsula Land
Conservancy.pdf
Palos Verdes Peninsula Land
Conservancy newsletter article
Below are the project images.
No images provided
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ATTACHMENTS FOR SECTION:
Activity Documents
142
Conservancy Brings Expertise and Assistance to the City of Rolling Hills for Fuel Load Reduction
Date: January 27, 2023
Conservancy Brings Expertise and Assistance to the City of Rolling Hills for Fuel Load Reduction Since 2019, the Palos Verdes Peninsula Land Conservancy has been offering technical expertise to aid the City of Rolling Hills in reducing fuel load vegetation by targeting the removal of invasive plants such as mustard and other non-native plants. This involves bringing in special teams to cut, chip or load out large branches. To date, the Conservancy has overseen the removal of over 30 acres of dry grasses, mustard, and other non-native plants as well as over three acres of non-native, invasive acacia. This year, the Conservancy will remove an additional 5.5 acres of non-native vegetation and one acre of acacia trees on behalf of Rolling Hills. According to Conservation Director Cris Sarabia, “Partnering with Rolling Hills enables the Conservancy to reduce hazardous vegetation for the benefit of local residents; the land can then become home to native plants and wildlife.”
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143
Tel: (310) 541-7613
Fax: (310) 541-7623
Email: [email protected]
Palos Verdes Peninsula Land Conservancy
Mailing address:
P.O. Box 3427
Palos Verdes Peninsula, CA 90274
Street address:
916 Silver Spur Road, #207
Rolling Hills Estates, CA 90274
501(c)(3) nonprofit organization
Federal ID#33-0309722
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144
ATTACHMENTS FOR SECTION:
Project Vector Minimization
Documents
145
ATTACHMENTS FOR SECTION:
Annual Report Documents
146
Agenda Item No.: 8.H
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: DAVID H. READY
SUBJECT: RECEIVE AND FILE SUBMITTAL OF THE ANNUAL MUNICIPAL STORMWATER REPORT FOR FISCAL YEAR 2022-23
DATE: November 13, 2023
BACKGROUND:
The municipal stormwater permit requires that each city submit an individual annual report no later than December 15 of each year covering the preceding July 1 to June 30 reporting year using the annual report form provided by the Los Angeles Regional Water Quality Control Board (LA Water Board). Each City or Permittee is required to report on its expenditures, funding sources, and progress on implementing the following programs: Non-Stormwater Discharge Prohibitions, Minimum Control Measures, the Non-Stormwater Outfall-Based Screening and Monitoring Program, Trash TMDLs and Trash Discharge Prohibitions.
A new municipal stormwater permit was adopted by the LA Water Board on July 23, 2021, with an effective date of September 11, 2021. Certain provisions of the permit became effective immediately, however the Permittees were given six months from the effective date, and in some instances, longer to implement new provisions, including changes to the annual report format and content. Since adoption of the permit, the City received conditional approval to participate in the Palos Verdes Peninsula Watershed Management Program and will receive deemed compliance with pollutant limitations by demonstrating that the City’s low impact development and natural drainage system is retaining the 85 th percentile, 24-hour rainfall
runoff volume through continuous flow monitoring in Sepulveda Canyon.
DISCUSSION:
On November 3, 2023, the Los Angeles Regional Water Quality Control Board issued a memorandum to Permittees, which includes the City of Rolling Hills, outlining how the individual annual report for the 2022-23 reporting year should be structured to reflect the new provisions of the new permit and the deemed compliance status of pollutant limitations in the approved Watershed Management Programs. That memo includes additional guidance to 147
assist in the understanding of requirements and to facilitate improved reporting--the City’s deemed compliance via retention of the 85
th percentile, 24-hour rainfall runoff reduces the
City’s reporting burden for demonstrating compliance.
The attached annual report meets the City’s obligation to prepare an annual report detailing its municipal stormwater program implementation. The flow data for the 2022-23 rainy season in Sepulveda Canyon is an attachment to the report as required by the conditions of deemed compliance. It will be finalized with supporting attachments and submitted to the LA Water Board by the December 15th deadline.
FISCAL IMPACT:
The cost of preparing the mandated Annual Report and attachments are included in the approved budget for Fiscal Year 2023-24.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
CL_AGN_231113_CC_22-23FY_December2023_ReportingMemo.pdf CL_AGN_231113_CC_RH_Annual Report 2022-23(Final).pdf
148
Los Angeles Region MS4 Permittees - 2 - November 3, 2023 Table 1: 2022 - 2023 Reporting Year Submittals Due by December 15, 2023 (Attachment E, Part XIV)
Items to Submit Who is Required to
Submit
Reporting
Period
Monitoring Report (see Part XIV.B.2.a
of Attachment E): Monitoring Results All Permittees January 1 –June 30, 2023 Monitoring Report (see Parts
XIV.B.2.b - f of Attachment E):
Certification1, Summary of Sampling
Events, QA/QC, Summary of
Exceedances, and Summary of
Aquatic Toxicity Monitoring
All Permittees July 1, 2022 –
June 30, 2023
Attachment H, Section 1 (Watershed
Management Program Progress
Report Form); Also, in Section 1.5 of
Attachment H (Additional Information),
include the link to the website where
Section 1.1 of Attachment H is webposted.
Permittees with an
approved WMP
January 1 –
June 30, 2023
Attachment H, Sections 2 through 8
(Annual Report Form) All Permittees July 1, 2022 –June 30, 2023 Attachment I (Trash Reporting Forms) All Permittees July 1, 2022 – June 30, 2023
Receiving Water Limitations
Compliance Report (see Part XIV.C of
Attachment E and Parts IX.B.9.c.(iv)
and V.C of the Order)
Permittees must submit this
report for all Water BodyPollutant Combinations
(WBPCs) with a Receiving
Water Limitation (RWL)
exceedance unless 1) there
are applicable TMDL-based
interim WQBELs or RWLs;
2) the Permittee has
deemed compliance status
for the WBPCs through an
approved WMP2
July 1, 2022 –
June 30, 2023
Checklist for Monitoring Report (Part XIV.B of Attachment E) • Submit all receiving water and outfall monitoring results in Excel or CSV file format and in the California Environmental Data Exchange Network (CEDEN) data entry template format;
1 Each Permittee regardless of their participation in a Group, shall submit a certification. 2 For Los Angeles County MS4 permittees, refer to the WMP conditional approval letter Section 2.1.2 (WBPCs Eligible for Deemed Compliance Through Alternative Demonstration of Compliance). For Ventura County MS4 permittees, refer to the Acceptance of the Notice of Intent letters. 150
Los Angeles Region MS4 Permittees - 3 - November 3, 2023 • Submit the Monitoring Report (Certification, Summary of Sampling Events, QA/QC, Summary of Exceedances, and Summary of Aquatic Toxicity Monitoring) in a format deemed appropriate by the Permittee(s).
Checklist for Watershed Management Program Progress Report Form (Part XIV.A.2 of Attachment E)
• Translate Section 1.1 of Attachment H into culturally relevant language(s); • Post Section 1.1 of Attachment H (English and translated version(s)) on your website;
• Post the link to the full Watershed Management Program Progress Report (Section 1 of Attachment H) on your website;
• In Section 1.5 of Attachment H (Additional Information), include the link to the website where Section 1.1 of Attachment H is web-posted; • Submit Tables 1a, 1b, and 1c in an excel format (per Sections 1.2 through 1.4 of Attachment H); and
• Do not include Minimum Control Measures (MCMs) specified in Part VIII of the Order in Tables 1a and 1b (per Sections 1.2 and 1.3 of Attachment H).
Checklist for Trash Reporting Forms (Part XIV.A.3 of Attachment E) • For Permittees subject to Trash TMDL(s), submit one form (“Trash TMDL Reporting Forms” contained in Attachment I of the Order) for each applicable Trash TMDL;
• For Permittees subject to Trash Discharge Prohibitions, submit the “Trash Discharge Prohibitions Reporting Form” contained in Attachment I of the Order.
Checklist for Receiving Water Limitations Compliance Report (Part XIV.C of Attachment E)
• Submit if MS4 discharges are causing or contributing to an exceedance of an applicable RWL. For the preceding years, the Permittee does not have to submit another report for continuing or recurring exceedances of the same RWLs. • The report shall describe the BMPs that are currently being implemented and additional BMPs, including modifications to current BMPs that will be implemented to prevent or reduce any pollutants that are causing or contributing to the exceedances of RWLs; and include an implementation schedule for implementing the BMPs that is as short as possible.
If you have any questions, please contact Ivar Ridgeway by phone at (213) 620-2150 or via email at [email protected].
151
City of Rolling Hills Reporting Year 2022-23
1 Regional Phase I MS4 NPDES Permit
Order No. R4-2021-0105
NPDES No. CAS004004
City of Rolling Hills Individual Annual Report
Reporting Year 2022-23
Sections 2-8 of this form include items to be reported individually by each Permittee for this reporting year unless otherwise indicated.
Permittee Name City of Rolling Hills
Permittee Program Contact Karina Banales
Title City Manager
Address 2 Portuguese Bend Road
City Rolling Hills
Zip Code 90274
Phone 310-377-1521
Email [email protected]
List of Attachments
ATTACHMENT A: City Attorney Statement of Legal Authority ATTACHMENT B: Machado Lake Trash TMDL Reporting Form
Attachment C: Santa Monica Bay Debris TMDL Reporting Form Attachment D: Sepulveda Canyon Continuous Flow Monitoring Data 152
City of Rolling Hills Reporting Year 2022-23
2 2. Legal Authority and Certification
Complete the items on this page.
2.1 Answer the following questions on Legal Authority [Order – VI.B.2].
Question Yes No
Is there a current statement certified by the Permittee’s chief legal counsel that the Permittee has the legal authority within its jurisdiction to implement and enforce each of the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and the Order?
☒ ☐
Has the above statement been developed or updated within this reporting year? If yes, attach the updated legal authority statement to this report. ☒ ☐
2.2 Complete the required certification below [Attachment D – V.B.5]. “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” Signature of either a principal executive officer, ranking elected official, or by a duly authorized representative of a principal executive officer or ranking elected official. A person is a duly authorized representative only if:
a. The authorization is made in writing by a principal executive officer or ranking elected official.
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) c. The written authorization is submitted to the Regional Board.
If an authorization of a duly authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization will be submitted to the Regional Board prior to or together with any reports, information, or applications, to be signed by an authorized representative.
Signature
Title City Manager
Date
153
City of Rolling Hills Reporting Year 2022-23
3 3. Program Expenditures
Complete the following items in this section.
3.1 Source(s) of funds used in this reporting year, and proposed for the next reporting year, to meet necessary expenditures on the Permittee’s stormwater management program [Order – VI.C.2].
The City has funded the implementation of the MS4 Permit and TMDL compliance primarily through its General Fund. The City is receiving approximately $100,000 per year from the Safe Clean Water Program for its municipal stormwater program which addresses a portion of the stormwater program costs.
The City utilizes contract Building & Safety services for new and redevelopment plan checking, permitting, and construction site inspections. The contract building officials collect permit fees from developers that offset the cost of stormwater compliance review and inspection for development projects under the Planning and Land Development Program and the Development Construction Program – those costs and fees are not included in the following program expenditures. 154
City of Rolling Hills Reporting Year 2022-23
4 3.2 Complete the table below on program expenditures for this reporting year [Attachment D – VII.A.5]. Enter “0” for any fields that do not apply.
Category
Capital
Expenditures
1 Land Costs
Personnel
Cost [l]
Consultant (s) Cost
Overhead
Costs
Construction
Costs
Permit(s), Operation,
and Maintenance
(O&M) Costs
Total Expenditures
for this Reporting
Year
Program Budget for
Next Reporting Year
(1) Program Management2[a] $0 $0 $5,000 $30,480 $0 $0 $0 $35,480 $36,600 (2) NPDES MS4 Permit Fees $0 $0 $0 $0 $0 $0 $ 7,067 $7,067 $7,067 (3) Minimum Control
Measures (MCMs)
PIPP $0 $0 $800 $12,032 $0 $0 $0 $12,832 $16,800
Industrial / Commercial Facilities
Program [b] $0 $0 $0 $0 $0 $0 $0 $0 $0
Planning & Land Development
Program3[c] $0 $0 $800 $2,293 $0 $0 $0 $3,093 $3,600
Construction Program [d] $0 $0 $600 $2,092 $0 $0 $0 $2,692 $3,200 Public Agency Activities Program [e] $0 $0 $600 $8,814 $0 $0 $0 $9,414 $3,300 IDDE Program $0 $0 $400 $1,860 $0 $0 $0 $2,260 $7,900
Additional Institutional BMPs /
“Enhanced” MCMs [f] $0 $0 $ 7,600 $ 7,376 $0 $0 $20,800 $35,776 $ 181,725 1 Exclude land costs.
2 Including but not limited to program management plans, mail, legal support, travel, conferences, printing, producing manuals and handbooks, annual/semi-annual reporting, development and maintenance of any electronic databases required by this permit including GIS, and other non-labor costs.
3 Including but not limited to environmental review, development project approval and verification, and permitting and licensing costs specific to the provisions of the Order that are beyond the scope of a normal plan review, permitting, and inspection process. 155
City of Rolling Hills Reporting Year 2022-23
5 Category
Capital
Expenditures
1 Land Costs
Personnel
Cost [l]
Consultant (s) Cost
Overhead
Costs
Construction
Costs
Permit(s), Operation,
and Maintenance
(O&M) Costs
Total Expenditures
for this Reporting
Year
Program Budget for
Next Reporting Year
(4) TMDL Implementation Plan / Watershed
Management Program Development 4[g]
$0 $0 $0 $0 $0 $0 $0 $0 $0
(5) Projects
5 Distributed Projects and Green Streets $0 $0 $0 $0 $0 $0 $0 $0 $0 Regional Projects $0 $0 $0 $0 $0 $0 $0 $0 $0
Other Structural BMPs $0 $0 $0 $0 $0 $0 $0 $0 $0
(6) Trash Compliance
Trash TMDLs6[h] $0 $0 $0 $0 $0 $0 $0 $0 $0
Discharge Prohibitions - Trash7[i]
$0 $0 $0 $0 $0 $0 $0 $0 $0
4 Include costs for development and/or revision of Implementation Plans (e.g., TMDL Implementation Plan, Watershed Management Programs including Reasonable Assurance Analysis). Specify which plans these are in Section 3.3. 5 If a Permittee is implementing a project collaboratively, the Permittee should only include the portion of the project cost that it is assuming. 6 Includes full capture, partial capture, and institutional controls used to comply with trash TMDLs. 7 Includes full capture, partial capture, and institutional controls used to comply with Statewide Trash Provisions. 156
City of Rolling Hills Reporting Year 2022-23
6 Category
Capital
Expenditures
1 Land Costs
Personnel
Cost [l]
Consultant (s) Cost
Overhead
Costs
Construction
Costs
Permit(s), Operation,
and Maintenance
(O&M) Costs
Total Expenditures
for this Reporting
Year
Program Budget for
Next Reporting Year
(7) Monitoring
Monitoring Plan Development8[j] $0 $0 $0 $1,906 $0 $0 $0 $1,906 $ 0 Outfall and Receiving Water Quality
Monitoring [k]
$0 $0 $0 $ 7,696 $ 0 $0 $0 $7,696 $ 48,215
BMP Effectiveness Monitoring $0 $0 $600 $ 16,478 $0 $0 $0 $14,034 $ 17,500 Regional Studies9 $0 $0 $0 $0 $0 $0 $0 $0 $0
Special Studies10 $0 $0 $0 $0 $0 $0 $0 $0 $0
(8) Other11 $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL $0 $0 $ 16,400 $ 91,026 $ 0 $0 $ 27,867 $135,293 $ 325,907
3.3 Additional Information: Please add any additional comments on stormwater expenditures below. 8 Includes costs to develop and/or revise monitoring plans (e.g., TMDL Monitoring Plan, IMP, CIMPs, non-stormwater screening and monitoring program). Specify which plans these are in Section 3.3. 9 Includes costs to comply with Part X (Regional Studies) of the Attachment E-MRP. 10 Includes costs to comply with Part XI (Special Studies) of the Attachment E-MRP. 11 Enter costs in this table but specify what this “Other” category consists of in Section 3.3. [a] Program Management costs shown do not include costs for developing and/or maintaining up-to-date information in electronic databases required by the Regional MS4 Permit, rather those costs are included with the specific MS4 Permit program the database supports.
[b] The City does not have any industrial or commercial facilities, so this category is not applicable. [c] Costs for reviewing/approving LID plans for Priority Development Projects are covered by plan check permit fees and are not included in costs shown in Section/Table 3.2 because they cannot be separately tracked. 157
City of Rolling Hills Reporting Year 2022-23
7 [d] Costs for inspection of active construction sites for effective stormwater BMPs and tracking of active construction projects in a database are covered by construction permit fees and are not included in the costs shown in Section/Table 3.2 because they cannot be separately tracked.
[e] Public Agency Activities costs include implementation of program-specific requirements including the cost for updating the municipal facility inventory.
[f] Cost for enhanced MCMs includes cost for code enforcement staff time on wildfire prevention measures and enhanced construction oversight, consulting time on the City’s expanded LID program, and contract costs for wildfire fuel modification project. Line item for FY2023-24 includes City’s anticipated match for a FEMA construction grant to create defensible space/fuel breaks to protect residential areas from wildfires.
[g] Costs for EWMP/RAA update were incurred in FY2021.
[h]Trash TMDL costs are included with BMP effectiveness monitoring as the City has met its waste load allocation and continues to demonstrate this by monitoring drainage canyons on an annual basis. [i] The City is exempt from the Statewide Trash Provisions for areas outside of TMDL areas as it has no priority land uses. [j]Monitoring Plan Development row includes the City’s consulting costs to review revisions to the Palos Verdes Peninsula CIMP. [k] Peninsula outfall and receiving water monitoring costs for FY2022-23 were paid via accumulated funds from prior years under the Palos Verdes Peninsula CIMP MOU so the amount shown for the reporting year is only for the City’s share of Greater Harbor Waters Toxics TMDL receiving water monitoring during FY2022-23 which is conducted under a separate MOU. [l] Personnel costs are calculated in Table 3.2 using estimated City staff time on stormwater program implementation multiplied by their fully burdened rates, which include overhead and benefits. City staff hourly rates for FY2023-24 budget were not escalated over FY2022-23 rates.
The City employs a very small staff, with one staff person assigned lead responsibility for implementation of the stormwater program. The City also retains a stormwater consulting firm to assist with MS4 Permit coordination, management, and implementation, including the City’s share of watershed coordination and implementation efforts. 158
City of Rolling Hills Reporting Year 2022-23
8 4. Non-Stormwater Discharge Prohibitions [reporting period 9/11/21 – 6/30/22] Complete the following items in this section.
4.1 Provide an assessment of the effectiveness of the Permittee’s control measures in effectively prohibiting non-stormwater discharges into the MS4 to the receiving water [Order – III.A].
4.2 Describe sources of non-stormwater discharges determined to be a NPDES permitted discharge, a discharge subject to CERCLA, a conditionally exempt non-stormwater discharge, or entirely comprised of natural flows [Order - III.A.2].
4.3 Check all that apply [Order – III.A.4].
There has been non-stormwater discharge(s) to an ASBS ☐ The non-stormwater discharge(s) to the ASBS caused or contributed to an exceedance receiving water limitations, WQBELs, water quality objectives in Chapter II of the Ocean Plan, or an undesirable alteration in natural ocean water quality in an ASBS
☐
Additional BMPs were implemented to address the exceedances above ☐
4.4 If you had non-stormwater discharge(s) to an ASBS that caused or contributed to an exceedance receiving water limitations, WQBELs, water quality objectives in Chapter II of the Ocean Plan, or an undesirable alteration in natural ocean water quality in an ASBS, describe what additional BMPs were implemented to address these exceedances. How effective were those BMPs in addressing the exceedances? [Order - III.A.4.b] Results of the City’s Non-stormwater Screening and Monitoring Program have demonstrated that the City’s non-stormwater control measures are effective. Additionally, three years of continuous flow monitoring near the bottom of a representative natural drainage canyon in the City has further documented that non-stormwater discharges from the City into downstream MS4s have been effectively eliminated.
No such non-stormwater discharges to the MS4 have been identified by the City.
Not applicable, the MS4 system serving the City does not discharge to an ASBS. 159
City of Rolling Hills Reporting Year 2022-23
9 4.5 Did you develop and implement procedures to ensure that a discharger, if not a named Permittee in this Order, fulfilled the requirements of Part III.A.5.a.i-vi? If so, provide a link to where the procedures may be found or attach to this Annual Report [Order – III.A.5.a].
4.6 Did you organize and maintain records of all notifications, local permits, and non-stormwater discharges greater than 100,000 gallons in an electronic database? (Yes or No) [Order – III.A.5.b]
4.7 Did you determine that any of the conditionally exempt non-stormwater discharges, with the exception of essential non-stormwater discharges, identified per Part III.A.5.c of the Order is a source of pollutants that causes or contributes to an exceedance of applicable receiving water limitations and/or water quality-based effluent limitations? If so, how many of the conditionally exempt non-stormwater discharges in Part III.A.3.b of the Order did you determine to be sources of pollutants that caused or contributed to an exceedance of receiving Given the City’s entirely residential, semi-rural character with drainage consisting primarily of natural drainage courses, many of the provisions of Part III.A.5.a do not apply.
The City has developed and implements an Illicit Discharge Elimination Program to respond to reports of illicit discharges into the natural canyon drainage system.
Additionally, with respect to the conditions for landscape irrigation using potable water, since 2010 the City has been applying water efficient landscape requirements to projects subject to discretionary review. On May 13, 2019, the City adopted its own water efficient landscape ordinance consistent with the amended statewide 2015 MWELO. During the reporting year five (5) landscape plans were submitted for review by the City for consistency with the City’s water efficient landscape ordinance, and of these three (3) projects have been approved for installation. The City also disseminates educational material on native and drought tolerant landscaping, water conservation, and water use restrictions through the City’s website:
https://www.rollinghills.org/government/planning_and_community_services/index.php#lanscapedesignstandard s. Additionally, California Water Service, the retail water provider to all residents in the City, has instituted prohibitions on outdoor water use as described at:
https://drought.calwater.com/ which are consistent with the requirements for conditionally exempt non-stormwater discharges. The City’s Environmental Programs pages disseminates information on other types of conditionally exempt discharges that may occur from residential land uses with the City.
The City has not received notifications of non-stormwater discharges greater than 100,000 gallons since the effective date of the Permit but plans to do so if it is notified of such discharges in the future. Los Angeles County Flood Control District would be the more likely recipient of such notifications since it operates the MS4 infrastructure which receives discharges from the natural canyon drainage system in the City. The City does not issue local permits for conditionally exempt non-stormwater discharges. 160
City of Rolling Hills Reporting Year 2022-23
10 water limitations or WQBELs? If you made that determination, which type(s) of nonstormwater discharges in Part III.A.3.b were sources of pollutants? [Order – III.A.6]
4.8 If you answered yes to the question 4.7 above, check all that apply [Order – III.A.6].
Effectively prohibit the non-stormwater discharge into the MS4 ☐ Impose conditions in addition to those in Table 5 of the Order, subject to approval by the Los Angeles Water Board Executive Officer, on the non-stormwater discharge such that it will not be a source of pollutants ☐
Require diversion of the non-stormwater discharge to the sanitary sewer ☐ Require treatment of the non-stormwater discharge prior to discharge to the receiving water ☐
No, the City has not identified any conditionally exempt non-stormwater discharges that have caused or contributed to an exceedance of appliable receiving water limitations or WQBELs. 161
City of Rolling Hills Reporting Year 2022-23
11 5. Non-Stormwater Outfall Screening and Monitoring [reporting period 9/11/21 – 6/30/22] Complete the following items in this section.
5.1 Complete the tables below regarding your Non-Stormwater Outfall-Based Screening and Monitoring Program [Attachment E – VII]. Receiving Water No. of Outfalls within your Jurisdiction No. of Outfalls Screened during this Reporting Year No. of Screening
Events During This
Reporting Year
Outfalls with Significant NonStormwater Discharges12 Total Confirmed Total Abated Total Attributed to Allowable Sources13 Total Being Monitored Machado Lake 3 1
Continuous
flow
monitoring
0 NA NA 0
LA Harbor 1 0 0 0 NA NA 0
Santa Monica Bay 2 0 0 0 NA NA 0
Total 6 1 Continuous 0 NA NA 0
Method of Abatement Total No.
Low Flow Diversion (LFD) N/A
Illicit Discharges Eliminated N/A
NPDES Permitted N/A
Retention N/A
Discharge No Longer Observed N/A
Other (describe in Section 5.3) NA
5.2 Los Angeles County Permittees: Did you consider dry weather receiving water monitoring data downstream of the outfalls and other relevant information to determine if re-screening is necessary for any of the previously screened outfalls that did not have significant nonstormwater discharge? If so, explain how many outfalls require re-screening and when re12 “Significant Non-Stormwater Discharges” as identified by the Permittee per Part VII.B of the Attachment E - MRP.
13 “Allowable Sources” refers to the discharges exempt from the Prohibition of Non-Stormwater Discharges listed in Part III.A.2 of the Order.
162
City of Rolling Hills Reporting Year 2022-23
12 screening will be completed. If applicable, describe any changes made to the program [Attachment E – VII.D.2].
5.3 Additional Information. If desired, provide additional information regarding Non-Stormwater Outfall Screening and Monitoring.
The Peninsula WMG regularly evaluates dry weather receiving water monitoring data in the Santa Monica Bay, Machado Lake, and the Los Angeles Harbor waters to which the group is tributary. Analysis of dry weather receiving water monitoring in the reporting year is included in the Palos Verdes Peninsula Watershed Monitoring Report. The City of Rolling Hills Individual Non-Storm Water Screening and Monitoring Program (NSW Screening & Monitoring Program) has been incorporated into the Palos Verdes Peninsula CIMP program consistent with LA Water Board staff direction and the conditional approval of the City being incorporated into the Peninsula WMP. Please see the Palos Verdes Peninsula Annual Monitoring Report for an assessment of dry weather receiving water data and determination of whether re-screening is necessary.
The City has been conducting continuous flow monitoring in a representative natural drainage canyon, the largest tributary canyon within the Machado Lake Watershed area of the City. The Sepulveda Canyon flow monitoring has documented the absence of nonstormwater flow, natural or otherwise, to the MS4. This monitoring will continue on an ongoing basis as a condition of the Peninsula WMP approval. 163
City of Rolling Hills Reporting Year 2022-23
13 6. Minimum Control Measures [reporting period 3/12/22 – 6/30/22] Complete the following items in this section.
6.1 General Provisions [Order – VIII.A.3]
Did you train all your employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the Minimum Control Measures in this Order, or did you ensure contractors performing privatized/contracted municipal services are appropriately trained to: (a) Promote a clear understanding of the potential for activities to pollute stormwater, (b) Identify opportunities to require, implement, and maintain appropriate BMPs in their line of work? (Yes or No)
6.2 Public Information and Participation Program [Order - VIII.D] Complete the following item regarding the Public Information and Participation Program.
6.2a) Summarize opportunities created for public engagement in stormwater planning and program implementation to raise public awareness of stormwater program benefits and needs (e.g., Don’t Trash California campaign). Note whether activities were performed by the jurisdiction or as part of a watershed, regional, or county-wide group [VIII.D.3.a].
Yes. Employees in targeted positions were trained and privatized contract service providers were required to self-certify that their employees in targeted positions were trained.
The county-wide public awareness campaign Water for LA County [https://waterforla.lacounty.gov/] implemented by the County of Los Angeles aims to “transform LA County residents from passive water consumers to empowered and informed water advocates…”. The website provides a wealth of information, including a toolkit on how to become a water advocate. Water for LA County joined with Heal the Bay in promoting and implementing California Coastal Cleanup Day 2022.
The Safe Clean Water Program, funded by Measure W, engages the public on a county-wide, watershed, and jurisdictional level to engage in planning and implementation of projects and programs to improve water quality and raise awareness of the benefits and needs for these projects and programs. The City lies within the South Santa Monica Bay Watershed and is represented at that Watershed Area Steering Committee by the Palos Verdes Peninsula Watershed Management Group representative to that body. The City’s Safe Clean Water Municipal Program funds are programmed through an Annual Plan which is considered for approval by the City Council at a publicly noticed meeting. The final plan is also posted on the Safe, Clean Water Program website.
The City engages its governing board, the City Council, and its residents through duly noticed agendas and public meetings, including most stormwater quality program and project decisions.
Examples of public engagement and awareness articles included in the semimonthly enewsletter during the reporting year included:
164
City of Rolling Hills Reporting Year 2022-23
14 6.2b) Summarize educational activities and public information activities to facilitate stormwater and non-stormwater pollution prevention and mitigation. What pollutants were targeted? What audiences were targeted? Note whether activities were performed by the jurisdiction or as part of a watershed, regional, or county-wide group [VIII.D.3.b].
• California Friendly Garden Design Workshop hosted by West Basin MWD • Updates on the City’s Canyon Vegetation Management Project which is being conducted in part with CalOES/FEMA Hazard mitigation grant funding. • Small grants received from CalRecycle to meet food recovery requirements under SB1383 and beverage container recycling.
• Updates on PVPLC brush clearance on the adjacent Portuguese Bend Nature Preserve opportunities to tour the work.
• Opportunity to report an issue for Southern California Edison utility vegetation maintenance services with expertise from local experts to protect habitat. • Promotion of waste hauler document shredding and E-waste recycling event • Rainwater Harvesting, with link to the South Bay Rainwater Harvesting website • Summary of stormwater municipal code updates and budget items • Updates on capital improvement projects
In addition, the City posts informational resources on its Newslist webpage. Examples of information posted during the reporting year include:
• Canyon Management Informational videos
• Waste Hauler newsletters
• Information on MWD water restrictions
• Updates on underground utility projects
Educational materials and links to related websites are available for the City’s residents on the City’s website through its Environmental Programs page. This page is targeted at residents and pollutants of concern, including trash, nutrients (nitrogen and phosphorus), bacteria, sediment-born pollutants such as legacy toxics and PAHs, and metals.
Topics on this page include:
• Water Pollution Prevention (all pollutants)
• Water Conservation (non-stormwater runoff)
• Sustainable Gardening and Landscaping (nutrients, toxics) • Household Waste Management (trash, toxics)
165
City of Rolling Hills Reporting Year 2022-23
15 • Wildfire Prevention (nutrients, toxics)
• Trash Services (trash, nutrients, bacteria)
• Septic systems (OWTS) (nutrients, bacteria)
Examples of educational and public information activities promoted via articles included in the City’s semimonthly newsletter mailed to all households during the reporting year included:
• rainwater harvesting (nutrients, bacteria)
• proper waste disposal, including paper shredding, green waste and e-waste collection/pickup events (trash, organic waste, nutrients and wildfire-mobilized storm-borne sedimentassociated pollutants) • Reminders and recommendations on wildfire fuel abatement measures (wildfire-mobilized storm-borne sediment-associated pollutants)
• Updates on stormwater related capital projects and budgeting The City leverages the county-wide Environmental Defenders and Generation Earth programs to meet the requirement to educate school children in K-5 on stormwater pollution prevention. The Environmental Defenders Rock the Planet – You Can Change the World Tour is a 30-minute, highenergy assembly program that is offered free to all elementary schools in Los Angeles County, including the Palos Verdes Peninsula Unified School District schools attended by children living in Rolling Hills Estates. Teachers or administrators can schedule the virtual assembly online at http://dpw.lacounty.gov/epd/defenders/schedule.asp. and download free lesson plans for educators and families to utilize at home or through remote learning.
The county-wide Generation Earth program is an environmental education program that provides training and support to secondary school teachers and students at public and private schools within Los Angeles County. The program offers tools and techniques for service-learning projects that meet state curriculum standards. These activities and publications are available for educators to download for free at http://dpw.lacounty.gov/epd/ge/ProjectResources.aspx. The water pollution prevention toolkit explores the water pollution potential on a typical campus and guides students in conducting a water audit of the campus and choosing from a variety of options to reduce water waste and pollution. Generation Earth also offers interactive virtual workshops that address environmental topics and project ideas at school and at home. The City is a member of the South Bay Cities Council of Governments which, through its South Bay Environmental Services Center (SBESC), circulates numerous public service announcements (PSAs) via e-mail blasts to residents and businesses regarding opportunities to learn and become actively involved in water conservation and stormwater pollution prevention. Examples of events that were promoted over the past reporting year include:
• Water Replenishment District’s workshop series with two (2) Eco Gardener workshops and classes covering sustainable landscape design, leak detection, drought tolerant plants, edible gardening, and groundwater resources as well as a Water Recycling and Environmental tour. • West Basin Workshops, Classes and Virtual Events, including:
166
City of Rolling Hills Reporting Year 2022-23
16 6.2c) In selecting targeted pollutants for public information/education topics, did you consider the proper management and disposal of (1) vehicle wastes (e.g., used oil, used tires); (2) household waste materials (i.e., trash and household hazardous waste, including personal care products, pharmaceuticals, and household cleaners); (3) pesticides, herbicides, and fertilizers; (4) green waste; and (5) animal wastes? (Yes or No) If no, what other materials were considered? [VIII.D.3.b.i]
6.2d) Which of the following methods were selected to distribute public information/ educational materials? [VIII.D.3.b.ii]
Category Yes No
Internet-based platforms (e.g., stormwater websites,
social media websites and applications) ☒ ☐
Commercial points-of-purchase (e.g., automotive parts
stores, home improvement centers/ hardware stores/
paint stores, landscape / gardening centers, pet shops) ☐ ☒
Schools (K- 12) ☒ ☐
Radio/television ☐ ☐
Community events ☒ ☐
Other (specify) newsletters to residents ☒ ☐
6.2e) Did you document and track information on the implemented Public Information and Participation activities including activity, date(s), method of dissemination, targeted behavior, targeted pollutant, targeted audience, culturally effective method(s), other information necessary for the metrics identified in Part VIII.D.4.a of the Order, and metric for measuring effectiveness? (Yes or No) [VIII.D.4.b] o Four (4) West Basin Chats covering the Grass Replacement Rebate and Change and Save Programs
o Virtual Water Harvest class
o Two (2) Rain Barrel Pick Up events
o H20 Politics of Flowing Water and Know Your H2O Classes • Metropolitan Water District CA Friendly and Native Plant Landscaping class and Garden Design Workshop for Watershed wise landscapes
Yes.
Yes.
167
City of Rolling Hills Reporting Year 2022-23
17 6.2f) What metrics did you use to measure the effectiveness in achieving the objectives of the Public Information and Participation Program? Considering those metrics, is your Public Information and Participation program effective? Explain [VIII.D.4.a].
The following metrics for the Public Information and Participation Program were tracked:
• Number of City Council meetings with stormwater items on the agenda: 8 • Number of participants in regional stormwater outreach events conducted by the South Santa Monica Bay WASC Watershed Coordinator: 259
• Number of people reached through SSMB WASC Watershed Coordinator presentations: 1,599
• Number of articles in the City’s Blue Newsletter on stormwater and environmental program: 7 articles, with a circulation of 700 residents/households = 4,900 impressions
• Number of Blue Newsletter articles on water conservation: 2 with a circulation of 700 = 1,400 impressions
• Number of Blue Newsletter articles on proper waste disposal: 5 with a circulation of 700 = 3,500 impressions
• Number of Blue Newsletter articles on rainwater harvesting: 1 with a circulation of 700 = 700 impressions
• Number of Blue Newsletter articles on firescaping or brush control: 5 with a circulation of 700 = 3,500 impressions
• Number of Blue Newsletter articles promoting Palos Verdes Peninsula Land Conservancy events: 4 with circulation of 700 = 2,800 impressions • Number of regional events and workshops on water conservation (West Basin and MWD): 10 events
• Number of regional firescaping workshops: 2
• Rainwater Harvesting Media Kit pageviews: 65 (only available between January 1, 2023-June 30, 2023.
• Tonnage of green waste collected by City’s waste hauler during calendar year 2022 (the CalRecycle reporting year): 440.44 tons
• Number of total pageviews for the following jointly developed and maintained webpages being hosted on the South Bay Cities Council of Government's website:
o Environmentally Friendly Landscaping, Gardening and Pest Control (landing page): 586
o Integrated Pest Management pages: 130
o Sustainable Landscaping and Gardening: 234
o South Bay Demonstration Gardens: 72
o Rainwater Harvesting: 389
o Rainwater Harvesting Media Kit page: 65 (only available between January 1, 2023-June 30, 2023.
• Rain barrels distributed by water agencies to residents in Rolling Hills: 2 barrels to 1 resident
168
City of Rolling Hills Reporting Year 2022-23
18 Given that this is the first reporting year tracking most of these metrics, it is premature to assess effectiveness, however, the impressions generated by the City's Blue Newsletter appear to be the most effective means of engagement and outreach to the City's residents. In addition, the amount of green waste collected by the City's waste hauler during the reporting year indicates outreach on green waste collection services is effective. The relatively low numbers of residents obtaining rain barrels indicates more promotion of the rainwater harvesting webpages and media kit could be helpful.
6.2g) Additional Information. If desired, provide additional information regarding implementation of the Public Information and Participation Program.
6.3 Industrial and Commercial Facilities Program [Order – VIII.E] Complete the following items regarding the Industrial and Commercial Facilities Program.
6.3a) Watershed-Based Inventory:
Question Yes No
Have you updated your watershed-based inventory or database of all industrial and commercial facilities within your jurisdiction that are critical sources14 of stormwater pollution identified in Part VIII.E.2 of the Order (inventory shall be updated at least once every 2 years)? ☐ ☐
6.3b) If you answered yes to question 6.3a above, what is the total number of facilities in your inventory list?
14 Part VIII.E.2.a of the Regional MS4 Permit summarizes “critical sources” to be tracked.
The City, along with the Palos Verdes Peninsula Watershed Management Group (Peninsula WMG), continued to implement a customized, collaborative Public Information and Participation Program (PIPP) as approved by the Regional Board in March 2019. This customized PIPP targets the Peninsula WMG’s highest water quality priorities (nutrients, sediment-born legacy pollutants, PAHs, metals and trash) and takes advantage of multiple modes of dissemination, such as the distribution of print materials at public offices and community events and through social media and web-based platforms, to more effectively reach Peninsula residents. This customized strategy includes the development of educational materials promoting behavioral change in the residential community for activities that are a source of targeted pollutants of concern and encourages retention of stormwater on individual properties which reduces the discharge of all types of stormwater associated pollutants. A discussion of joint outreach/education efforts that occurred during the reporting period is included in the Peninsula WMG's Semi-Annual Watershed Progress Reports and included the development of a Rainwater Harvesting Media Kit and updates to the Sustainable Landscapes & Gardens webpages.
Not applicable.
169
City of Rolling Hills Reporting Year 2022-23
19 6.3c) If you answered no to question 6.3a above, when will you update the inventory list?
6.3d) Commercial Facilities [VIII.E.3]:
Question Response
In implementing the Outreach Program, how many
commercial facilities did you reach out to during this
reporting year?
Not Applicable
In implementing the Business Assistance Program, how
many commercial facilities did you assist during this
reporting year?
Not Applicable
How many commercial facilities did you inspect during this reporting year?
Not Applicable
Of the commercial facilities inspected during this reporting year, how many were the first, second, third, etc. round of inspections? For example, report x number of first-round inspections, y number of second-round inspections, z
number of third-round inspections, etc. Each round of
inspections corresponds to the requirement to conduct an inspection every two years.
Not Applicable
How many of the total commercial facility inspections had stormwater violation(s) during this reporting year? Not Applicable
6.3e) Industrial Facilities [VIII.E.4]:
Question Response
How many facilities from question 6.3b are industrial facilities with SIC codes that require enrollment in the IGP? (in this reporting year)? Not Applicable
How many industrial facilities did you report to the Los Angeles Water Board as non-filers during this reporting year?
Not Applicable
In implementing the Business Assistance Program, how many industrial facilities did you assist during this reporting year?
Not Applicable
How many Industrial facilities did you inspect during this reporting year? Not Applicable Of the commercial facilities inspected during this reporting year, how many were the first, second, third, etc. round of inspections? For example, report x number of first-round, y number of second-round, and z number of third-round, etc. Each round of inspections corresponds to the requirement to conduct an inspection every two years.
Not Applicable
How many of the total industrial facility inspections had stormwater violation(s) during this reporting year?
Not Applicable
Not applicable.
170
City of Rolling Hills Reporting Year 2022-23
20 6.3f) Enforcement Actions: Describe the number and nature of any enforcement actions taken related to the industrial and commercial facilities program [VIII.E.6].
Not Applicable
6.3g) Additional Information. If desired, provide additional information regarding implementation of the Industrial and Commercial Facilities Program.
There are no industrial or commercial facilities under the City’s jurisdiction.
6.4 Planning and Land Development Program [VIII.F]
Complete the following items regarding the Planning and Land Development Program.
6.4a) Priority Development Projects: Complete the table below for Priority Development Projects as of the end of this Reporting Year [VIII.F.1].
Development
Type
Number of Priority
Development Projects
Completed During This
Reporting Year
Number of Priority
Development
Projects InProgress
New
Development 1 5
Redevelopment 0 1
6.4b) Use of Alternative Compliance Measures for Priority Development Projects. Provide the number of Priority Development Projects completed during this Reporting Year that utilized alternative compliance measures per Part VIII.F.4.b of the Order.
Category Number of Projects
On-site Biofiltration 0
On-site Flow-based BMPs 0
Off-site Infiltration 0
Groundwater Replenishment Projects 0
Off-site Retrofit Projects 0
Other 0
6.4c) Exemptions to Priority Development Project Performance Requirements. If the Permittee is implementing an approved Local Ordinance Equivalence or an approved Regional Stormwater Mitigation Program per Part VIII.F.1.c, describe the area covered by these exemptions; and the number and names of Priority Development Projects that were exempted from the Order’s Priority Development Project Structural BMP Performance Requirements.
Not applicable.
171
City of Rolling Hills Reporting Year 2022-23
21 6.4d) Priority Development Project Greater Than 50 Acres. If applicable, provide information on any Priority Development Projects with a project area greater than 50 acres that were completed during this Reporting Year or are currently in-progress. Information should include the name and location of the project(s) and whether the project(s) are new development or redevelopment.
None
6.4e) Hydromodification Management: If applicable, provide information on the name, location, and nature of any projects requiring hydromodification controls that were completed or in-progress within this Reporting Year [VI.F.2].
6.4f) Exemptions to Hydromodification Controls: Are there any areas where assessments of downstream channel conditions and proposed discharge hydrology indicate that adverse hydromodification effects to beneficial uses of Natural Drainage Systems are unlikely, per Part VIII.F.2.b? If so, what are the numbers and names of the New Development and Redevelopment projects exempt from implementation of hydromodification controls?
No.
6.4g) Tracking, Inspection and Enforcement of Post-Construction BMPs: Describe the number and nature of any enforcement actions taken related to the planning and land development program [VIII.F.3.c.v].
Question Yes No
Does your program implement a GIS or other electronic system for tracking Priority Development Projects and Hydromodification Management Projects that at a minimum contains all the information required by Permit? ☒ ☐
Does your program inspect all Priority Development Projects and Hydromodification Management Projects upon completion of construction and prior to issuance of occupancy certifications to ensure proper installation of post-construction BMPs?
☒ ☐
Rolling Hill’s updated 2022 stormwater ordinance (RHMC Chapter 8.32.5(a)ii) requires that any project disturbing more than 1 acre of land must meet full hydromodification requirements, with no exceptions for LID on single-family residential projects of more than one acre. This more stringent requirement applies to new and redevelopment projects submitted for review beginning in January 2023.
During the reporting year one (1) in-progress project was subject to hydromodificaton controls; this project is a new private roadway, Storm Hill Lane, within the Machado Lake subwatershed area of Rolling Hills.
172
City of Rolling Hills Reporting Year 2022-23
22 6.4h) Additional Information. If desired, provide additional information regarding implementation of the Planning and Land Development Program.
6.5 Construction Program [Order – VIII.G]
Complete the following items regarding the Construction Program.
6.5a) Complete the table below. Only report numbers for sites less than 1 acre.
Question Response
How many new sites of less than one acre commenced their activities during this reporting year?
3 How many sites of less than one acre did you inspect during this reporting year? 4
How many (if any) of the sites from the previous question had a BMP violation [VIII.G.4.b]? 1
There were no planning and land development enforcement actions during the reporting year.
By design, the City is a model of low-impact development utilizing nature-based solutions for management of stormwater. A substantial area of land in Rolling Hills is constrained from development due to steep hillsides and canyons; the use of these areas as wildlife habitats and native vegetation is emphasized. Rolling Hills’ zoning code further promotes the preservation and appreciation of open space by requiring easements for equestrian/ hiking trails on all lots. There are approximately 30 miles of unpaved equestrian/hiking trails throughout the City. Roads within the City have many green street features. They are designed as narrow, two-lane undivided winding roads 20 to 25 feet wide with rolling to steep grades lined with significant naturalized landscaping. There are no sidewalks or curband-gutter systems, and roads are not designed to be stormwater conveyance systems.
The City’s Zoning Ordinance contains strict standards for development ratios on each property. Only 40% of the net area of a lot may be disturbed for construction, and the remaining area of the lot must remain in its natural state. Only 35% of the net lot area may be developed with impervious surfaces, including structures, patios and other paved areas.
Driveways may not cover more than 20% of the area of the yard in which they are located.
Uncovered motor courts/parking pads may not cover more than 10% of the yard in which they are located. Horse stable access-ways may not be entirely paved and use of 100% gravel or decomposed granite is encouraged. The City has developed a guide for construction of stables on residential properties which includes consideration of proximity to blue line streams and natural drainage courses so as not to negatively affect stormwater quality in the siting of stables, horse wash stations, and manure storage. Tennis and sports courts are encouraged to have pervious surfaces as well. Stormwater run-off that is not contained on properties is conveyed through the City via natural, heavily vegetated, soft bottom drainage courses/canyons, providing ample opportunity for runoff to infiltrate. Installation of cisterns and biofiltration devices are encouraged on projects even when they are not required. 173
City of Rolling Hills Reporting Year 2022-23
23 6.5b) Complete the table below. Only report numbers for sites 1 acre or greater and construction sites less than 1 acre that are part of a common plan of development totaling 1 acre or greater.
Question Response
What is the date of the latest update made to the site inventory [VIII.G.5.b]? 7/17/23 How many new sites of 1 acre or greater commenced their activities during this reporting year? 2
How many sites of 1 acre or greater did you report to the Los Angeles Water Board as non-filers [VIII.G.5.a]? 0
How many post-construction plans were reviewed during this reporting year [VIII.G.5.a]? 3
How many of the plans from the previous question were approved during this reporting year? 2
How many (if any) sites of 1 acre or greater did you inspect during this reporting year [VIII.G.5.c]?
4 How many (if any) of the inspected sites were in violation of construction BMPs? 2 How many (if any) of the inspected sites were in violation of post-construction plans? 0
How many of the sites from the previous two questions were reported to the Los Angeles Water Board along with an inspection report? 0
6.5c) Enforcement Actions: Describe the number and nature of any enforcement actions taken related to the development construction program [VIII.G.6].
Sites with BMP violations were issued a “blue notice” requiring that all work be stopped and the appropriate BMP violations be addressed before work could resume.
There were eight (8) enforcement actions taken during the reporting year related to the construction program were as follows:
• Extensive grading and importing of soil without a permit • Unpermitted construction on interior of residence
• Unpermitted construction
• Unpermitted internal remodel without permits
• Construction of retaining wall without permits
• Exploratory borings without permit for excavation and soil testing • Illegal construction
Unpermitted work/grading
174
City of Rolling Hills Reporting Year 2022-23
24 6.5d) Additional Information. If desired, provide additional information regarding implementation of the Construction Program.
6.6 Public Agency Activities Program [VIII.H]
Complete the following items regarding the Public Agency Activities Program.
6.6a) Answer the following questions regarding the Public Agency Activities Program.
Question Response
Did you maintain an updated inventory or database of all your owned or operated (i.e., public) facilities and activities within your jurisdiction that are potential sources of stormwater pollution? [VIII.H.2]
☒ Yes
☐ No
For the above inventory, what is the date of the latest update [VIII.H.2.c]? 7/24/2023 How many treatment control BMPs including post-construction control treatment BMPs do you own? [VIII.H.2.b.vi]
0 For the above, how many inspections were conducted during this reporting year? [VIII.H.3.e]
N/A
How many storm drain inlets do you own? 0
How many of the above are labeled with a legible “no dumping” message? [VIII.H.6.c.i]
N/A
Did you inspect the legibility of all the stencils or labels nearest each inlet prior to the wet season during this reporting year? [VIII.H.6.c.ii] ☐ Yes
☒ No - City
does not own
During the plan checking and/or permit issuance stage, plan checkers require that applicable MS4 Permit and Construction General Permit (CGP) requirements are met and that BMPs for construction activities are incorporated into the development plans. The contract building officials require that developers sign a Statement of Understanding Pertaining to BMPs and NPDES Requirements. For any project involving a grading or excavation permit regardless of size, a pre-construction meeting is held between City staff, RHCA staff, the building inspector, the property owner and the contractor and subcontractor to discuss construction BMP requirements and ensure that responsibility for implementing the BMPs is clear. During this meeting, the Small Site Construction brochure, available in English and Spanish, is provided to contractors of sites under one (1) acre to inform them of the required minimum BMPs.
Extra protection during construction is required for projects adjacent to environmentally sensitive areas and, in some cases, a biologist monitors the project and adjacent environmentally sensitive area during construction to ensure that proper protections are maintained.
The City’s code enforcement officer provides additional outreach and oversight of construction sites beyond that provided by contract Building & Safety inspectors. 175
City of Rolling Hills Reporting Year 2022-23
25 Question Response
MS4
infrastructure
If yes for the above, how many illegible stencils and labels were recorded? N/A For the illegible stencils and labels recorded above, how many were restenciled and re-labeled within 180 days of inspection? For those not restenciled and re-labeled, explain why not. [VIII.H.6.c.iii] N/A
Did you visually monitor owned open channels and other drainage structures for trash and debris at least annually? [VIII.H.6.d.i]
☒ Yes
☐ No
How many miles of open channels do you own? 0
Did you remove trash and debris from your open channels a minimum of once per year before the wet season? [VIII.H.6.d.ii]
☐ Yes
☒ No- City
does not own
MS4
infrastructure
How many parking lots exposed to stormwater do you own that meet either criteria listed in Part VIII.H.9?
1 Did you inspect Permittee-owned parking lots exposed to stormwater that meet either criteria listed in Part VIII.H.9 at least twice per month? ☒ Yes
☐ No
For the above, how many inspections were conducted during this reporting year? [VIII.H.9]
52 For the owned parking lots exposed to stormwater, how many cleanings were conducted in total for this reporting year? [VIII.H.9]
52 6.6b) Street Sweeping: Complete the table below [VIII.H.8].
Total Miles of
Street15 in Priority
Category
Frequency of Street
Sweeping (e.g., Twice a
Month, Monthly,
Annually)
Additional Notes
Priority A Not applicable City does not own streets
Priority B Not applicable City does not own streets
Priority C Not applicable City does not own streets
15 Permittees shall report the length of street swept in the “total miles of street” and/or “total curb miles of street”, depending on data availability.
176
City of Rolling Hills Reporting Year 2022-23
26 6.7 Illicit Discharge Detection and Elimination (IDDE) Program [Order – VIII.I] Complete the following items regarding the Illicit Discharge Detection and Elimination Program.
6.7a) IDDE Investigations: Complete the table below. Include illicit discharges detected through other inspection programs.
Number of
Reported
Illicit
Discharges
Number of
Investigations
Number
Eliminated
Number
Permitted or
Exempt
If Not
Eliminated or
Permitted /
Exempt,
Explain.
Illicit
Discharges
4 4 4 0 NA
6.7b) Enforcement Actions: Describe the number and nature of any enforcement actions taken related to illicit discharge detection and elimination program [Order – VIII.I.7].
6.7c) What means were provided to the public for public reporting of illicit discharges and other water quality impacts from stormwater and non-stormwater discharges into or from MS4s? [VIII.I.6]
Category Yes No
Telephone hotline ☒ ☐
Email address ☐ ☐
Web-based form / reporting portal ☒ ☐
Other (specify) ☐ ☐
6.7d) Did you document all public reports of illicit discharges and track all investigations? If no, explain why. [Order – VIII.I.8]
6.7e) Additional Information. If desired, provide additional information regarding implementation of the Illicit Discharge Detection and Elimination Program.
One (1) verbal notice to correct condition – corrections were made voluntarily, and no formal enforcement was necessary. 4/4 of the reported illicit discharges were investigated and closed during the reporting year.
Yes
The City’s Illicit Discharge Elimination Program (IDE Program) is focused on elimination of illicit discharges into the City’s natural drainage courses. 177
City of Rolling Hills Reporting Year 2022-23
27 7. Trash Reporting
Complete the following items in this section.
7.1 Trash TMDL Compliance [Order – IV.B.3]
7.1a) If you are subject to Trash TMDLs, complete and attach the provided “Trash TMDL Reporting Forms” in Attachment I of the Order for each applicable Trash TMDL. Report your compliance with the applicable interim and/or final Effluent Limits for trash below. If compliance with the applicable interim and/or final Effluent Limits for trash has not been achieved, explain why.
The City is in compliance with the final effluent limits in the Machado Lake Trash TMDL and the Santa Monica Bay Debris TMDL through institutional controls and a modified MFAC program as described in its approved Trash Monitoring and Reporting Plan (TMRP). Results from this 13th year of monitoring found 1/8th gallon (one piece) of trash collectively from the seven (7) canyon study areas, equating to 100% reduction of trash from its baseline allocation. See Attachment B Reporting Form for Machado Lake Trash TMDL and Attachment C Reporting Form for Santa Monica Bay Debris TMDL.
Both the Santa Monica Bay Debris TMDL and the Machado Lake Trash TMDL were reconsidered by the Regional Board on March 14, 2019. The Regional Board staff report for the reconsideration of these TMDLs accurately stated that the City has met the 100% reduction of trash from baseline waste load allocations. The City submitted a Revised Trash Monitoring and Reporting Plan (TMRP) for Machado Lake Trash and Santa Monica Bay Debris TMDLs on June 17, 2019, which proposed a reduction in monitoring frequency. On June 3, 2021, the City received a letter from the Regional Board Executive Officer granting a reduction in monitoring frequency from twice per year to once per year following the first major storm of the year.
7.1b) Mark the compliance approach you have implemented for any applicable Trash TMDLs.
☐ Full Capture Systems
☐ Mass Balance
☐ Scientifically Based Alternative
☒ Minimum Frequency of Assessment and Collection
7.1c) Complete the table below regarding the catch basins within your jurisdiction.
Retrofitted
with Full
Capture
Systems
Retrofitted
with Partial
Capture
Devices
Retrofitting
Infeasible
Not
Retrofitted
Total Number
of Catch
Basins within
Jurisdiction
Owned 0 0 NA 0 0
Not Owned 0 0 unknown 31 31
Total 0 0 unknown 31 31
178
City of Rolling Hills Reporting Year 2022-23
28 7.1d) If relying on full capture systems, are the maintenance records of the full capture systems within your jurisdiction up-to-date and available for inspection by the Los Angeles Water Board? [Order – IV.B.3.b.i.(c)]
Not applicable.
7.1e) If implementing a Plastic Pellet Monitoring and Reporting Plan (PMRP), report any known spills (including names and locations) from preproduction plastic (i.e., plastic pellet) generating, transfer, processing, and storage facilities within this reporting year, explain the actions taken for cleanup, and describe the measures taken to prevent future incidents.
Not applicable. City is exempt from PMRP reporting requirements.
7.1f) If implementing a PMRP, how many new preproduction plastic generating, transfer, processing, and storage facilities have been added in Permittee’s jurisdiction within this reporting year that have not been addressed in the PMRP? Not applicable. City is exempt from PMRP reporting requirements.
7.2 Trash Discharge Prohibitions Compliance [Order – III.B]
7.2a) For areas not addressed by a Trash TMDL, and for Permittees that have regulatory authority over Priority Land Uses (PLUs) or Designated Land Uses, indicate the compliance method that was selected in response to the Los Angeles Water Board’s 13383 Order issued on August 18, 2017 as the method to comply with the prohibition of discharge in PLUs within Permittee’s jurisdiction.
☐ Track 1 (Complete items 7.2b – 7.2e)
☐ Track 2 (Complete items 7.2f – 7.2l)
7.2b)If using Track 1 compliance, complete the table below regarding the catch basins within PLUs, designated land uses, and equivalent alternate land uses in your jurisdiction.
The City does not own any catch basins. Review of LACFCD GIS maps indicated a total of 26 catch basins within trash TMDL areas of the City, with 19 identified as owned/maintained by LACFCD, and 7 attributed to the City that should be identified as private since they are owned/maintained by the private community association which also owns the roadways.
LACFCD GIS maps are missing an additional 5 catch basins on Middleridge Lane which are owned by LACFCD but were recently rebuilt by City and will be maintained by City per maintenance agreement. This brings the total count of non-owned catch basins to 31.
Retrofitting of catch basins within the City is not necessary to meet trash waste load allocations (WLAs) since the City has demonstrated attainment of trash WLAs via institutional controls and green infrastructure verified by MFAC monitoring. 179
City of Rolling Hills Reporting Year 2022-23
29 Retrofitted with
Full Capture
Systems
Retrofitting
Infeasible
Not
Retrofitted
Total Number of
Catch Basins
within
Jurisdiction
Owned
Not Owned
Total
Not applicable. City is exempt because there are no PLUs within the City
7.2c) If using Track 1 compliance, complete and attach the “Trash Discharge Prohibitions Reporting Form” provided in Attachment I of the Order for PLUs, designated land uses, and equivalent alternate land uses within your jurisdiction.
Not applicable
7.2d) If using Track 1 compliance, provide a map showing the location and drainage area in PLUs, designated land uses, and equivalent alternate land uses within your jurisdiction served by full capture systems.
Not applicable
7.2e) If using Track 1 compliance, did you properly operate and maintain all full capture systems in PLUs, designated land uses, and equivalent alternate land uses within your jurisdiction? Not applicable
7.2f) If using Track 2 compliance, complete the table below regarding the catch basins within PLUs, designated land uses, and equivalent alternate land uses in your jurisdiction.
Retrofitted with
Full Capture
Systems
Retrofitted with
Partial Capture
Devices
Not
Retrofitted
Total Number of
Catch Basins
within
Jurisdiction
Owned
Not Owned
Total
Not applicable
7.2g) If using Track 2 compliance, provide a map of the location and drainage area in PLUs, designated land uses, and equivalent alternate land uses within your jurisdiction served by full capture systems, multi-benefit projects, other treatment controls, and/or institutional controls.
180
City of Rolling Hills Reporting Year 2022-23
30 Not applicable
7.2h) If using Track 2 compliance, did you properly operate and maintain all full capture systems, multi-benefit projects, treatment controls, and/or institutional controls in PLUs, designated land uses, and equivalent alternate land uses within your jurisdiction? Not applicable
7.2i)If using Track 2 compliance, explain what type of and how many treatment controls, institutional controls, and/or multi-benefit projects have been used and in what locations? Not applicable
7.2j) If using Track 2 compliance, what is the effectiveness of the total combination of treatment controls, institutional controls, and multi-benefit projects employed? Explain the metric to measure the effectiveness.
Not applicable
7.2k) If using Track 2 compliance, explain whether the amount of trash discharged from the MS4 decreased from the previous year. If so, by how much? If not, explain why. To determine the amount of trash discharged from the MS4 and to report on progress towards achieving the interim/ final compliance, provide the results of the trash levels using the methodology identified in the Trash Implementation Plan (e.g., Visual Trash Assessment Approach or other equivalent trash assessment methodology).
Not applicable
7.2l) If using Track 2 compliance, explain whether the amount of trash in the MS4’s receiving water(s) decreased from the previous year. If so, by how much? If not, explain why.
Not applicable
8. Additional Information (Optional)
Provide any additional information in this section.
You may use this section to report any additional information not specified in Sections 2-7 such as information better presented outside of the report form structure, data limitations that prevented the required information from being obtained, and additional detailed summary table describing control measures.
181
City of Rolling Hills Reporting Year 2022-23
31 The City has received approval for its participation in the Palos Verdes Peninsula WMP as an 85%, 24-hr retention area with the condition that the Sepulveda Canyon continuous flow monitoring continue. Attachment D presents Sepulveda Canyon rainfall and flow data for the 2022-2023 monitoring year. The rainfall vs. flow volume table presents the event flow volume and cumulative flow volume measured in Sepulveda Canyon against recorded rainfall events. The total rainfall recorded at the Rolling Hills Fire Station rain gauge during the reporting year was 22.93 inches which is a substantial amount of rainfall, more than twice the average annual rainfall, and substantially more rainfall than the 90th percentile wet year rainfall of 17.3 inches. There were 10 individual rain events greater than or equal to the 85% 24-hour storm event.
182
ATTACHMENT A
City Attorney Statement of Legal Authority
183
65277.00001\40893662.1
Bend OR
(541) 382-3011
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Ontario
(909) 989-8584
18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972 | www.bbklaw.com Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Patrick T. Donegan
(310) 220-2172
[email protected]
December 8, 2022
MAIL
Renee Purdy, Executive Director
California Regional Water Quality Control Board
Los Angeles Region
320 W. 4th Street, Suite 200
Los Angeles, CA 90013-1105
Re: Certification of Legal Authority of the City of Rolling Hills to Implement and Enforce Requirements of 40 C.F.R. §
122.26(d)(2)(i)(A-F) and the Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharge [NPDES No. CAS004001) – (the “MS4 Permit”).
Dear Ms. Purdy:
The City of Rolling Hills (“City”), by and through its City Attorney’s office, hereby submits this statement in its capacity as a co-permittee under LARWQCB Order R4-2012-0175 (NPDES No. CAS004001) (the “MS4 Permit”), in accordance with Part VI.A.2 of the Order.
The City is one of the co-permitees under the MS4 Permit. Among other things, the MS4 Permit requires:
Each Permitee must submit a statement certified by its chief legal counsel that the Permitee has the legal authority within its jurisdiction to implement and enforce each of the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F). Permitee shall submit this certification annually as part of its Annua Report beginning with the first Annual Report required under this Order. There statement must include:
i. Citation of applicable municipal ordinances or other appropriate legal authorities and their relationship to the requirements of 40 CFR § 122.26(d)(2)(i)(A-F) and this Order; and
184
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Renee Purdy, Executive Director
December 8, 2022
ii. Identification of the local administrative and legal procedures available to mandate compliance with applicable municipal ordinance identified in subsection (i) above and therefore with the conditions of this Order, and a statement as to whether enforcement actions can be completed administratively whether they must be commenced and completed in the judicial system.
The purpose of this Statement is to describe the City’s compliance with the MS4 Permit.
As discussed in further detail herein, it is my opinion that the City has the necessary legal authority to implement the MS4 Permit and to control and prohibit discharges of pollutant into the Municipal Separate Storm Sewer System. However, this Statement is not, nor should it be construed as, a waiver of any right that the City may have relating to the MS4 Permit.
1. LEGAL AUTHORITY STATEMENT
The primary source of the City’s authority is Article 11, § 7 of the California Constitution. The City also has authority under § 13002 of the California Water Code to adopt and enforce ordinances conditioning, restricting and limiting activities which might degrade the quality of waters of the State. Pursuant to Article 11, § 7 of the California Constitution and § 13002 of the California Water Code, the City adopted an amended Chapter 8.32 of the Rolling Hills Municipal Code (”RHMC”), which contains the City’s regulations enabling it to impose the legal requirements of the MS4 Permit (see attached analysis). In fact, the City just amended this Chapter to be consistent with the requirements of the new MS4 Permit. Thus, the City has the legal authority as required under Part VI.A.2 of the MS4 Permit.
Article 11, § 7 also provides the City the authority to require the use of control measures to prevent or reduce the discharge of pollutants and ensure that such control measures are properly operated and maintained. The City’s environmental requirements are also implemented in part through the application of the California Environmental Quality Act (“CEQA”) process to proposed projects, as enforceable mitigation measures. The City, as a municipal corporation, has authority to enter into contracts that enable it to carry out its necessary functions, including the power to enter into interagency agreements to control the contribution of pollutants from one portion of the shared MS4 to another.
Pursuant to RHMC Chapters 1.08 General Penalty and 8.32 Storm Water Management and Pollution Control, the City’s regulations may be enforced administratively, civilly and criminally. The RHMC also provides various procedures to modify and/or revoke city-issued permits for unlawful and/or environmentally disruptive activity. 185
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Renee Purdy, Executive Director
December 8, 2022
2. Ordinances
The City has adopted ordinances related to the regulation of urban runoff to control and prohibit discharges of pollutants into the MS4 and to comply with the requirements of the MS4 Permit applicable to it, as well as, to the extent applicable, 40 C.F.R. § 122.26 (d)(2)(i)(A)-(F). Chapter
8.32 of the RHMC is the principal City ordinance addressing the control of urban runoff. Under this ordinance, the City has the necessary legal authority to do the following:
i. Control the contribution of pollutants to its MS4 from storm water discharges associated with industrial1 and construction activity and control the quality of storm water discharged from industrial and construction sites. This requirement applies both to industrial and construction sites with coverage under an NPDES permit, as well as to those sites that do not have coverage under an NPDES permit.
RHMC 8.32.060 Prohibited Activities; RHMC 8.32.080 Good Housekeeping Provisions; RHMC 8.32.090 Requirements for Construction Activities; RHMC
8.32.095 Planning and Land Development Program Requirements for New Development and Redevelopment Projects
ii. Prohibit all non-storm water discharges through the MS4 to receiving waters not otherwise authorized or conditionally exempt pursuant to Part III.A.
RHMC 8.32.060 Prohibited Activities; RHMC 8.32.070 Exempted discharges, or conditionally exempted discharges or designated discharges iii. Prohibit and eliminate illicit discharges and illicit connections to the MS4.
RHMC 8.32.060 Prohibited Activities
iv. Control the discharge of spills, dumping, or disposal of materials other than storm water to its MS4.
RHMC 8.32.060 Prohibited Activities; RHMC 8.32.080 Good Housekeeping Provisions, RHMC 8.32.090 Requirements for Construction Activities; RHMC
8.32.095 Planning and Land Development Program Requirements for New Development and Redevelopment Projects
v. Require compliance with conditions in Permittee ordinances, permits,
1 Rolling Hills is a residential community that does not have any industrial activities in the city. Under the RHMC, industrial activity is not permitted.
186
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Renee Purdy, Executive Director
December 8, 2022
contracts or orders (i.e., hold dischargers to its MS4 accountable for their contributions of pollutants and flows).
RHMC 8.32.100 Enforcement; RHMC Chapter 1.08 General Penalty vi. Utilize enforcement mechanisms to require compliance with applicable ordinances, permits, contracts, or orders.
RHMC 8.32.100 Enforcement; RHMC Chapter 1.08 General Penalty vii. Control the contribution of pollutants from one portion of the shared MS4 to another portion of the MS4 through interagency agreements among Copermittees.
In addition to the provisions of RHMC Chapter 8.32, which control the contribution of pollutants, the City, as a municipal corporation, has authority to enter into contracts that enable it to carry out its necessary functions, including the power to enter into interagency agreements to control the contribution of pollutants from one portion of the shared MS4 to another. viii. Control of the contribution of pollutants from one portion of the shared MS4 to another portion of the MS4 through interagency agreements with other owners of the MS4 such as the State of California Department of Transportation.
In addition to the provisions of RHMC Chapter 8.32, which control the contribution of pollutants, the City, as a municipal corporation, has authority to enter into contracts that enable it to carry out its necessary functions, including the power to enter into interagency agreements to control the contribution of pollutants from one portion of the shared MS4 to another. ix. Carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with applicable municipal ordinances, permits, contracts and orders, and with the provisions of this Order, including the prohibition of non-storm water discharges into the MS4 and receiving waters. This means the Permittee must have authority to enter, monitor, inspect, take measurements, review and copy records, and require regular reports from entities discharging into its MS4.
RHMC 8.32.100.H
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x. Require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards/receiving water limitations.
Article 11, § 7 of the California Constitution; California Public Resources Code § 21000 et seq. (CEQA); RHMC 8.32.080 Good Housekeeping Provisions, RHMC
8.32.090 Requirements for Construction Activities; RHMC 8.32.095 Planning and Land Development Program Requirements for New Development and Redevelopment Projects; RHMC Title 17 Zoning
xi. Require that structural BMPs are properly operated and maintained.
Article 11, § 7 of the California Constitution; California Public Resources Code § 21000 et seq. (CEQA); RHMC 8.32.080 Good Housekeeping Provisions, RHMC
8.32.090 Requirements for Construction Activities; RHMC 8.32.095 Planning and Land Development Program Requirements for New Development and Redevelopment Projects; RHMC Title 17 Zoning
xii. Require documentation on the operation and maintenance of structural BMPs and their effectiveness in reducing the discharge of pollutants to the MS4.
California Public Resources Code § 21000 et seq. (CEQA); RHMC 8.32.100 Procedures available to mandate compliance with applicable municipal ordinances under RHMC Chapter 1.08 and Chapter 8.325:
1. Criminal Citation (judicial)
2. Administrative Cease and Desist Order (administrative)
3. Civil Nuisance Abatement (judicial)
4. Permit Revocation/Modification (administrative)
5. All other criminal and civil remedies available by law Consequently, it is my opinion that the City has adequate legal authority to implement and enforce the requirements in the MS4 Permit. Please do not hesitate to contact me should you have any questions or need any additional information.
188
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Renee Purdy, Executive Director
December 8, 2022
Sincerely,
Patrick T. Donegan
for BEST BEST & KRIEGER LLP
189
ATTACHMENT B
Machado Lake Trash TMDL Reporting Form
190
City of Rolling Hills Modified MFAC Assessment of Partial Capture / Institutional Controls Summary Compliance Report
Machado Lake TMDL
Col. 1 Col. 2 Col. 3 Col. 4 Col. 5
Reporting Period
Annual Trash Discharge
Rate
(gal. per year)
Annual Trash Generation
Rate
(gal. per year)1
Effluent Limitation
Percent Reduction
Final Percent
Reduction of Trash
in City Compliance Comments
July 2022 - June 2023 0.13 2860.00 100% 100.00% YES
Figure rounded to the nearest tenth of a
percent
Footnotes:
Notations:
Form Continue to add to this form for each annual reporting period Column 1: Reporting Period: Part 7.1.(C)(1) of Order No. 01-182 as amended by Order No. R4-2009-0130 Column 2: As calculated pursuant to Part 7.1.(B)(1)(b)(2) of Order No. 01-182 as amended by Order No. R4-2009-0130 Alternative approaches per Part 7.1.(B)(1)(b)(3) must be approved in advance by the Executive Officer Column 3: Effluent Limitation per Part 7.1, Appendix 7-1, Table 1a or 1b, of Order No. 01-182 as amended by Order No. R4-2009-0130 Column 4: Compliance - Yes, if total storm year trash discharge is less than or equal to applicable Interim or Final Effluent Limitation Column 5: Provide comments, if necessary
Total Storm Year Trash Discharge by Reporting Period
1. Rolling Hills conducted a trash monitoring program from July 2009-July 2011 by conducting semi-annual trash collections on residential road/equestrian trails (during the rainy season and dry season). The Annual Trash Generation Rate used in this report is the average of that 2-year monitoring data set (2,860 gal. per year).
Reporting Year 2022-23 ATTACHMENT B 1 of 2
191
City of Rolling Hills Modified MFAC Assessment of Partial Capture / Institutional Controls Individual Storm Event and Total Storm Year Trash Collected Machado Lake TMDL
Rain Gage Station ID ROLLING HILLS 3.9 SE, CA US
Col. 1 Col. 2 Col. 3 Col. 4 Col. 6 Col. 7 Col. 8
Monitoring Site
Date of
monitoring
event1
Date of
preceding
Storm Event
Precipitation
Depth inches
Amount of
Trash
Collected
from Site
(gallons)
Trash
Discharge
(gal. per
year) Comments
#1 Sepulveda Canyon 11/09/22 11/08/22 0.10 0.0 After rain event #2 Black Water Canyon 11/09/22 11/08/22 0.10 0.13 After rain event #3 Upper Bent Spring Canyon 11/09/22 11/08/22 0.10 0.0 After rain event #4 Unnamed Canyon 1 11/09/22 11/08/22 0.10 0.0 After rain event #5 Unnamed Canyon 2 11/09/22 11/08/22 0.10 0.0 After rain event #6 Unnamed Canyon 3 11/09/22 11/08/22 0.10 0.0 After rain event #7 Aqua Magnon Canyon 10/09/23 11/08/22 0.10 0.0 After rain event Total Year 22-23 Trash Collected 0.13 0.13 {amount of trash recovered in gallons} Footnotes:
Notations:
Form Add additional rows for storm events, if necessary Rainfall Station Name of rainfall station used, indicate only the L.A. County station number Total Storm Year Trash Discharge = Sum of individual storm event discharges for reporting period (July 1 - June30).
Col. 1 Monitoring location
Col. 2 Date of Monitoring Event
Col. 3 Date of storm event with 0.25 inch or more of rainfall Col. 4 Depth of rainfall taken from nearest rainfall station (in.) Col. 6 Amount of trash recovered from monitoring sites, if any (gal.) Col. 7 Total Storm year Discharge = trash captured from all monitoring events extrapolated to watershed area Col. 8 Provide comments, if necessary
Total Trash Discharged to Machado Lake
1. The Regional Board (June 3, 2021) approved the City's request to reduce the monitoring frequency to “once a year immediately following the first major storm of the year".
Reporting Year 2022-23 ATTACHMENT B 2 of 2
192
ATTACHMENT C
Santa Monica Bay Debris TMDL Reporting Form
193
City of Rolling Hills Modified MFAC Assessment of Partial Capture / Institutional Controls Summary Compliance Report
Santa Monica Bay Debris TMDL 1
Col. 1 Col. 2 Col. 3 Col. 4 Col. 5
Reporting Period
Annual Trash Discharge
Rate
(gal. per year)
Annual Trash
Generation Rate
(gal. per year)2
Effluent Limitation
Percent Reduction
Final Percent
Reduction of
Trash in City Compliance Comments
July 2022 - June 2023 0.06 1408.00 100% 100.00% YES
Figure rounded to the nearest tenth of a
percent
Footnotes:
Notations:
Form Continue to add to this form for each annual reporting period Column 1: Reporting Period: Part 7.1.(C)(1) of Order No. 01-182 as amended by Order No. R4-2009-0130 Column 2: As calculated pursuant to Part 7.1.(B)(1)(b)(2) of Order No. 01-182 as amended by Order No. R4-2009-0130 Alternative approaches per Part 7.1.(B)(1)(b)(3) must be approved in advance by the Executive Officer Column 3: Effluent Limitation per Part 7.1, Appendix 7-1, Table 1a or 1b, of Order No. 01-182 as amended by Order No. R4-2009-0130 Column 4: Compliance - Yes, if total storm year trash discharge is less than or equal to applicable Interim or Final Effluent Limitation Column 5: Provide comments, if necessary
Total Storm Year Trash Discharge by Reporting Period
1. The Regional Board (September 3, 2013) approved the City’s Santa Monica Bay (SMB) TMRP finding that the City may utilize the Machado Lake TMRP previously approved by the Regional Board and the resulting monitoring data to establish compliance with the SMB TMDL. The City was directed to submit separate annual monitoring reports for the SMB TMDL using the data obtained from the Machado Lake TMRP.
2. Rolling Hills conducted a trash monitoring program from July 2009-July 2011 by conducting semi-annual trash collections on residential road/equestrian trails (during the rainy season and dry season).
The Annual Trash Generation Rate used in this report is the average of that 2-year monitoring data set scaled for the Santa Monica Bay drainage area in the City (1,408 gal. per year).
Reporting Year 2022-23 ATTACHMENT C 1 of 2
194
City of Rolling Hills Modified MFAC Assessment of Partial Capture / Institutional Controls Individual Storm Event and Total Storm Year Trash Collected Santa Monica Bay Debris TMDL 1
Rain Gage Station ID ROLLING HILLS 3.9 SE, CA US
Col. 1 Col. 2 Col. 3 Col. 4 Col. 6 Col. 7 Col. 8
Monitoring Site
Date of
monitoring
event1 2
Date of
preceding
Storm Event
Precipitation
Depth inches
Amount of
Trash
Collected
from Site
(gallons)
Trash
Discharge
(gal. per
year)2 Comments
#1 Sepulveda Canyon 11/09/22 11/08/22 0.10 0.0 After rain event #2 Black Water Canyon 11/09/22 11/08/22 0.10 0.13 After rain event #3 Upper Bent Spring Canyon 11/09/22 11/08/22 0.10 0.0 After rain event #4 Unnamed Canyon 1 11/09/22 11/08/22 0.10 0.0 After rain event #5 Unnamed Canyon 2 11/09/22 11/08/22 0.10 0.0 After rain event #6 Unnamed Canyon 3 11/09/22 11/08/22 0.10 0.0 After rain event #7 Aqua Magnon Canyon 10/09/23 11/08/22 0.10 0.0 After rain event Total Year 22-23 Trash Collected 0.13 0.06 {(amount of trash recovered in gallons)* 0.64 sq mi trib to SMB} / 1.3 sq mi trib to ML Footnotes:
Notations:
Form Add additional rows for storm events, if necessary Rainfall Station Name of rainfall station used, indicate only the L.A. County station number Total Storm Year Trash Discharge = Sum of individual storm event discharges for reporting period (July 1 - June30).
Col. 1 Monitoring location
Col. 2 Date of Monitoring Event
Col. 3 Date of storm event with 0.25 inch or more of rainfall Col. 4 Depth of rainfall taken from nearest rainfall station (in.) Col. 6 Amount of trash recovered from monitoring sites, if any (gal.) Col. 7 Total Storm year Discharge = trash captured from all monitoring events extrapolated to watershed area Col. 8 Provide comments, if necessary
Total Trash Discharged to Santa Monica Bay Watershed
1. The Regional Board (September 3, 2013) approved the City’s Santa Monica Bay (SMB) TMRP finding that the City may utilize the Machado Lake TMRP previously approved by the Regional Board and the resulting monitoring data to establish compliance with the SMB TMDL. The City was directed to submit separate annual monitoring reports for the SMB TMDL using the data obtained from the Machado Lake TMRP.
2. Equation 2 from Rolling Hills TMRP 2019 which scales the discharge to Santa Monica Bay based on data from Machado Lake based on proportionate watershed areas in the City.
Reporting Year 2022-23 ATTACHMENT B 2 of 2
195
ATTACHMENT D
Sepulveda Canyon Continuous Flow Monitoring
Data Summary Table
196
Sepulveda Canyon Flow Monitoring 2022-2023 Rain Year
Date 24hr Rainfall (inches) Event Flow Volume (cubic feet) Cumulative Flow Volume (cubic feet) 10/12/22 0.18
10/15/22 0.04
10/22/22 0.01
11/02/22 0.14
11/07/22 0.09
11/08/22 0.54
12/02/22 0.26 - -
12/05/22 0.05 - -
12/07/22 0.05 - -
12/11/22 0.59 - -
12/12/22 0.59 - -
12/28/22 0.76 - -
12/31/22 0.12 - -
01/01/23 1.02 - -
01/02/23 0.00 862 862
01/03/23 1.85 55,796 56,658
01/04/23 0.00 27,924 84,582
01/04/23 0.60 7,908 92,490
01/05/23 0.87 566,893 659,383
01/10/23 1.08 9,269,362 9,928,745
01/11/23 0.12 11,238 9,939,983
01/15/23 1.46 1,230,018 11,170,001
01/16/23 0.93 1,068,089 12,238,090
01/19/23 0.04 13,959 12,252,049
01/30/23 0.23 - 12,252,049
02/05/23 0.03 - 12,252,049
02/23/23 0.27 - 12,252,049
02/24/23 1.33 417 12,252,465
02/25/23 1.51 2,904,652 15,157,117
02/26/23 0.03 2,093 15,159,211
02/28/23 0.35 2,318 15,161,529
02/28/23 0.10 - 15,161,529
03/01/23 0.20 10,039 15,171,567
03/11/23 1.25 58,095 15,229,662
03/13/23 0.04 - 15,229,662
03/14/23 1.50 382,302 15,611,964
03/15/23 1.33 10,021,674 25,633,638
03/20/23 0.14 155,798 25,789,436
03/20/23 0.06 - 25,789,436
03/21/23 0.00 - 25,789,436
03/22/23 1.02 621,157 26,410,594
03/23/23 0.12 - 26,410,594
03/29/23 0.84 64,661 26,475,254
03/30/23 0.22 1,952 26,477,206
04/13/23 0.10 - 26,477,206
05/01/23 0.06 - 26,477,206
05/04/23 0.39 - 26,477,206
05/05/23 0.08 - 26,477,206
05/14/23 0.01 - 26,477,206
05/17/23 0.01 - 26,477,206
No Flow Data in Range
City of Rolling Hills 197
Sepulveda Canyon Flow Monitoring 2022-2023 Rain Year
Date 24hr Rainfall (inches) Event Flow Volume (cubic feet) Cumulative Flow Volume (cubic feet) 05/23/23 0.07 - 26,477,206
05/25/23 0.02 - 26,477,206
05/29/23 0.03 - 26,477,206
06/05/23 0.01 - 26,477,206
06/07/23 0.15 - 26,477,206
06/11/23 0.02 - 26,477,206
06/15/23 0.01 - 26,477,206
06/18/23 0.01 - 26,477,206
Total 22.93 26,477,206 26,477,206
Rainfall Data Source:
The 85th percentile, 24/hour storm event rainfall depths for Sepulveda Canyon is 1.0 based on the isohyetal map obtained from the 2006 LACDPW Hydrology Manual
Alert ID/Station Name: 2570300 - Rolling Hills (FS 56) Precip (Ref. ID 1011B) 85% 24 Hour Rainfall Event (≥1.0')
Measured flow volume due to Rainfall Event
http://www.ladpw.org/wrd/Precip/alertlist.cfm
City of Rolling Hills 198
Agenda Item No.: 8.I
Mtg. Date: 11/13/2023
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 REQUEST FROM ROLLING HILLS COMMUNITY
ASSOCIATION TO EXECUTE A REVISED LICENSE AGREEMENT WITH
COX BUSINESS
DATE: November 13, 2023
BACKGROUND:
The Rolling Hills Community Association (“RHCA”) receives its internet service through Cox Communications d/b/a/ Cox Business. The City does not use Cox Business for its internet services but does use Cox Business for other services. The RHCA had requested that the City execute a Communications Facilities License Agreement with Cox Business to install and maintain, among other things, additional equipment, cabling and wiring at the City Hall campus property for RHCA’s internet services. A licensing agreement is a written contract that would give Cox Business permission to use the City’s property under a certain set of conditions to provide internet service to RHCA. Cox Business is requesting that the City enter into the license as the City is the owner of the property. The requested improvements related to the License Agreement are not connected to the services the City receives from Cox Business.
On October 23, 2023, staff presented this item to the City Council for discussion with the following concerns. The proposed Communications Facilities License Agreement (“License Agreement”) with Cox Business originally appeared to be a Cox Business’ template agreement. Despite requests from City staff, Cox Business was not amenable to any changes. While the License Agreement did have provisions that require Cox Business to carry insurance and of course does not cost the City any money, there are a few provisions which necessitated City Council input:
The indemnification provision called for a reciprocal mutual indemnity. That is, both Cox Business and the City would have to agree to indemnify, defend and hold the other party harmless from all claims/damages arising out of (a) the negligence or willful misconduct of each party or (b) one party’s breach of the Agreement beyond any applicable notice and cure periods. Now a mutual indemnification provision is something the City has agreed to before; however, it is typically done in the context of the City receiving a product or service. Here, the 199
City was being requested to execute this agreement because it owns the land on which the equipment is to be installed.
The term provision of the agreement posits a 5-year term with an automatic renewal term for one-year terms after the initial 5-year term. The provision at first states that the City can terminate with 90 days’ prior written notice. However, the City’s ability to terminate the License Agreement was prohibited at any time during which (i) Cox Business was providing services, or (ii) Cox Business had a service agreement in place with any Tenant. That is, if Cox Business was providing services to RHCA, the City could not terminate the License Agreement.
The City Attorney opined that the License Agreement was a judgment call for the City. While nothing legally required the City to execute the License Agreement, conversations with RHCA had indicated that this upgraded service from Cox Business was a high priority for the RHCA and thus why they requested the City consider executing the License Agreement. Cox Business is a reputable internet service provider and there is nothing to indicate that Cox Business will be problematic licensee.
The City Council asked staff to see if the RHCA would use our existing South Bay Fiber Network connection and expressed concerns as raised by the City Attorney. A vote to table the item passed unanimously.
DISCUSSION:
Subsequent to the October 23, 2023 meeting, the RHCA expressed that they were not interested, at this time, in pursuing the South Bay Fiber Network connect as they are exploring with Cox the potential to expand wireless capabilities throughout the community beyond the initial connect to 1 Portuguese Bend Road.
The RHCA was able to work with their Cox contact to address the bulk of the City Attorney’s concerns. First, the City has no obligation whatsoever to indemnify or defend Cox. That is, the reciprocal mutual indemnity provision was modified such that Cox only has an obligation to indemnify and defend the City. As it pertains to the termination clause, the City's right to terminate is not absolute as it is limited by the any service agreement Cox has in place. That being said, the City can elect to terminate, and the license will terminate upon the termination of any service agreement (at any time) and Cox will be precluded from renewing any existing service agreements or entering into new service agreements. While not an absolute right to terminate, it is an improvement from the previous version and the impact of the Cox facilities is should be limited.
The City Attorney’s office has reviewed the agreement and is comfortable with the updated version provided the City Council is in agreement with the termination deal point. A copy of the redline and final revised agreements are attached.
FISCAL IMPACT:
There is no fiscal impact related to the execution of the License Agreement as the City is not being charged.
RECOMMENDATION:
Approve as presented.
200
ATTACHMENTS:
CA_AGR_231113_RHCA_Cox_Access_redline.pdf
CA_AGR_231113_RHCA_Cox_Access_rev_F.pdf
201
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1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
1 COMMUNICATIONS FACILITIES LICENSE AGREEMENT (Commercial) This Communications Facilities Agreement ("Agreement") is entered into this ___ day of ______, 2023 by and between Cox Communications California, LLC d/b/a Cox Business, on behalf of itself and its affiliates (“Cox”) and
ROLLING HILLS CITY (“Owner”).
Owner holds title to, or is the authorized agent of the titleholder of, certain real property located at:
1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
(“Property”); The parties agree as follows:
1. Grant. Owner grants Cox permission to install and maintain its communications, distribution and other facilities, including, but not limited to, equipment, electronics, security and automation systems, cabling, wiring and other needed equipment (“Facilities") on the Property to provide voice, video, and data services, and any other service now or hereafter offered by Cox and/or its affiliates (collectively, "Services") to occupants at the Property (“Tenants”) and to utilize the Property, on a non-exclusive basis, for the transmission of Services and to install and maintain appropriate facilities for such Services. Owner further grants to Cox the non-exclusive right to enter the Property including all common areas to install, connect, disconnect, transfer, service, remove and repair the Facilities during normal business hours, except in case of emergency in which event Cox shall have the right to enter the Property outside of normal business hours. Owner also grants Cox (i) the right to use any available conduit space which is now, or hereafter, located on, under or over the Property, for the installation, maintenance, and operation of Cox’s Facilities and (ii) the right to intersect such existing conduit from the public right of way or Cox’s Facilities located outside of the Property. Owner hereby approves of the construction and installation of the Facilities in accordance with the plans on EXHIBIT A attached hereto, or, if no plans are attached as of the date of execution of this Agreement, the parties will, prior to Cox commencing construction, cooperate in good faith to mutually approve the construction scope of work, such approval not to be unreasonably withheld, conditioned or delayed. If Owner requests, in writing within ninety (90) days after the expiration or earlier termination of this Agreement, Cox shall remove the Facilities (excluding “Internal Wiring” (defined below) and any underground Facilities) within sixty (60) days after receipt of Owner’s request. Otherwise, Cox have shall have the right to enter upon the Property and remove any portion or all of the Facilities and such right shall survive the expiration or earlier termination of this Agreement. At Cox’s option, wiring and cabling may remain on the Property. The Facilities are and shall remain the sole and exclusive property of Cox and shall not become fixtures of the Property, except for the “Internal Wiring” which is defined as the wiring, ports and outlets located within a commercial unit receiving Services back to the demarcation point, and underground Facilities. Owner agrees: not to use, move, disturb, or alter the Facilities, or interfere with the Services, or knowingly permit any third party to do so.
2. Obligations of Cox. Cox agrees to: (i) pay for all materials and labor reasonably necessary to install the Facilities; (ii) keep the Property free of liens resulting from Cox’s installation or removal of the Facilities; (iii) repair any damage to the Property if such damage results directly from Cox's installation or removal of the Facilities; (iv) obtain all applicable government permits for the installation of the Facilities on the Property; (v) maintain (a) Commercial General Liability insurance with a policy limit of at least $2,000,000 to protect Owner against bodily injury or damage resulting from Cox’s negligence or intentional misconduct with respect to the installation, operation or maintenance of the Facilities on the Property at all times when Cox is providing Services hereunder, and (b) Worker’s Compensation insurance in statutory amounts. The Cox insurance policies hereunder shall be with insurers (i) licensed to do business in the state in which the Property is located and (ii) carrying an A.M. Best 202
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1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
2 rating of at least A-VIII. All policies, including any renewals thereof, shall specify that such policy cannot be canceled without at least thirty (30) days written notice to Owner.
3. Indemnification. Cox agrees to indemnify, defend and hold Owner harmless from all third party claims, suits, proceedings, liabilities, losses, costs, damages, and expenses, including reasonable attorneys' fees (the “Claims”) for personal injury or property damages arising out of (a) the negligence or willful misconduct of Cox in connection with Cox’s installation or removal of the Facilities at the Property; or (b) Cox’s breach of this Agreement beyond any applicable notice and cure periods. Owner agrees to indemnify, defend and hold Cox harmless from all Claims for personal injury or property damages arising out of (a) the negligence or willful misconduct of Owner, its employees or agents; or (b) Owner’s breach of this Agreement beyond any applicable notice and cure periods. This provision shall survive the expiration or earlier termination of this Agreement.
NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE SERVICES.
4. Term. The “Term” shall begin upon the date of execution by the last signing party hereunder, and continue for five (5) years from the first day of the first full calendar month thereafter. The Term of this Agreement shall automatically renew for consecutive one (1) year terms (each successive year being a “Renewal Term”), provided that either party may terminate this Agreement with at least ninety (90) days prior written notice however, if Owner elects to terminate this Agreement at.; however, Owner shall not have the right to terminate this Agreement Aat any time during which (i) Cox is providing Services, or (ii) Cox has a service agreement in place with any Tenant, the termination date shall be extended to coincide with the expiration (or earlier termination) of the last Tenant service agreement Cox has in place at the Property and Cox will not renew any existing service agreement with any Tenant nor enter into any new service agreements with any Tenant following the date upon which Cox receives a termination notice from Owner.Owner’s may terminate this Agreement upon a twelve (12) month written notoce . Cox may terminate this Agreement (i) in the event Cox is unable to continue the distribution of any Services because of any law, rule, regulation or judgment of any court (or any similar reason beyond the reasonable control of Cox), (ii) if the applicable franchise or licenses are assigned, terminated, surrendered or revoked for any reason, or (iii) in the event that Cox elects to no longer provide Services to the Property.
5. Default. If either party fails to perform any material condition or agreement to be performed or observed by it hereunder and such default is not cured within thirty (30) days after the defaulting party’s receipt of written notice from the non-defaulting party, the non-defaulting party may immediately terminate this Agreement by providing written notice to the defaulting party.
6. Miscellaneous. This Agreement is the entire understanding between the parties and supersedes any prior agreements or understandings whether oral or written. This Agreement may not be amended except by a written instrument executed by both parties. This Agreement is governed by the laws of the state where the Property is located. Owner acknowledges that (i) this Agreement and Cox's rights granted herein shall be binding upon Owner's successors and assigns, and (ii) Owner shall notify any successor Property owner of Cox’s right under this Agreement and provide such party a copy hereof. Each Party has the full right and authority to execute this Agreement and grant the rights and/or accept the obligations contained herein. Owner represents that there are no prior or existing agreements, nor will there be any agreements during the Term, that would be breached by Owner’s execution of this Agreement or by Cox's provision of the Services. Cox may assign this Agreement without consent, in whole or part, to (i) to any affiliate of Cox; (ii) any entity merging with, or acquiring substantially all of the assets of, Cox or (iii) any services provider that provides Services to any Tenant. Notices required to be given shall be sent by U.S. Certified Mail, postage prepaid, return receipt requested, or national overnight courier to the address set forth below. Cox shall determine the appropriate date to begin construction and/or installation of the Facilities at the Property and the commencement of the provision of Services to Tenants. Owner shall have no responsibility for the Services provided by Cox, or for the proper functioning of the Facilities. In the event of bankruptcy of any Tenant or Owner, or in the event of a Service disconnection order, Cox shall have the right to enter upon the Property to recover the Facilities.
Signatures on next page
203
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1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
3 Signatures to follow:
For:
Cox Communications California, LLC
20 Icon
Foothill Ranch, CA 92610
(949) 546.2020
By: _______________________________
Print Name__________________________
Title:______________________________
Date: ______________________________
For:
ROLLING HILLS CITY
1 Portuguese Bend Rd
Rolling Hills, CA 90274
Re: 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
To Whom Cox Should Email the Signed
Agreement:
By: ________________________________ _________________________ Print Name: _________________________ _________________________ Title: ______________________________
Date: ______________________________
Email: _____________________________
Who to call for access to MPOE (telephone room):
Print Name: _________________________
Phone: _____________________________
204
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1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
4 Exhibit “A”
Legal Description:
Assessor’s Parcel Number: 7569-015-900
Scope of Work:
205
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1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
1 COMMUNICATIONS FACILITIES LICENSE AGREEMENT (Commercial) This Communications Facilities Agreement ("Agreement") is entered into this ___ day of ______, 2023 by and between Cox Communications California, LLC d/b/a Cox Business, on behalf of itself and its affiliates (“Cox”) and
ROLLING HILLS CITY (“Owner”).
Owner holds title to, or is the authorized agent of the titleholder of, certain real property located at:
1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
(“Property”); The parties agree as follows:
1. Grant. Owner grants Cox permission to install and maintain its communications, distribution and other facilities, including, but not limited to, equipment, electronics, security and automation systems, cabling, wiring and other needed equipment (“Facilities") on the Property to provide voice, video, and data services, and any other service now or hereafter offered by Cox and/or its affiliates (collectively, "Services") to occupants at the Property (“Tenants”) and to utilize the Property, on a non-exclusive basis, for the transmission of Services and to install and maintain appropriate facilities for such Services. Owner further grants to Cox the non-exclusive right to enter the Property including all common areas to install, connect, disconnect, transfer, service, remove and repair the Facilities during normal business hours, except in case of emergency in which event Cox shall have the right to enter the Property outside of normal business hours. Owner also grants Cox (i) the right to use any available conduit space which is now, or hereafter, located on, under or over the Property, for the installation, maintenance, and operation of Cox’s Facilities and (ii) the right to intersect such existing conduit from the public right of way or Cox’s Facilities located outside of the Property. Owner hereby approves of the construction and installation of the Facilities in accordance with the plans on EXHIBIT A attached hereto, or, if no plans are attached as of the date of execution of this Agreement, the parties will, prior to Cox commencing construction, cooperate in good faith to mutually approve the construction scope of work, such approval not to be unreasonably withheld, conditioned or delayed. If Owner requests, in writing within ninety (90) days after the expiration or earlier termination of this Agreement, Cox shall remove the Facilities (excluding “Internal Wiring” (defined below) and any underground Facilities) within sixty (60) days after receipt of Owner’s request. Otherwise, Cox have shall have the right to enter upon the Property and remove any portion or all of the Facilities and such right shall survive the expiration or earlier termination of this Agreement. At Cox’s option, wiring and cabling may remain on the Property. The Facilities are and shall remain the sole and exclusive property of Cox and shall not become fixtures of the Property, except for the “Internal Wiring” which is defined as the wiring, ports and outlets located within a commercial unit receiving Services back to the demarcation point, and underground Facilities. Owner agrees: not to use, move, disturb, or alter the Facilities, or interfere with the Services, or knowingly permit any third party to do so.
2. Obligations of Cox. Cox agrees to: (i) pay for all materials and labor reasonably necessary to install the Facilities; (ii) keep the Property free of liens resulting from Cox’s installation or removal of the Facilities; (iii) repair any damage to the Property if such damage results directly from Cox's installation or removal of the Facilities; (iv) obtain all applicable government permits for the installation of the Facilities on the Property; (v) maintain (a) Commercial General Liability insurance with a policy limit of at least $2,000,000 to protect Owner against bodily injury or damage resulting from Cox’s negligence or intentional misconduct with respect to the installation, operation or maintenance of the Facilities on the Property at all times when Cox is providing Services hereunder, and (b) Worker’s Compensation insurance in statutory amounts. The Cox insurance policies hereunder shall be with insurers (i) licensed to do business in the state in which the Property is located and (ii) carrying an A.M. Best 206
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1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
2 rating of at least A-VIII. All policies, including any renewals thereof, shall specify that such policy cannot be canceled without at least thirty (30) days written notice to Owner.
3. Indemnification. Cox agrees to indemnify, defend and hold Owner harmless from all third party claims, suits, proceedings, liabilities, losses, costs, damages, and expenses, including reasonable attorneys' fees (the “Claims”) for personal injury or property damages arising out of (a) the negligence or willful misconduct of Cox in connection with Cox’s installation or removal of the Facilities at the Property; or (b) Cox’s breach of this Agreement beyond any applicable notice and cure periods. This provision shall survive the expiration or earlier termination of this Agreement. NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE SERVICES.
4. Term. The “Term” shall begin upon the date of execution by the last signing party hereunder, and continue for five (5) years from the first day of the first full calendar month thereafter. The Term of this Agreement shall automatically renew for consecutive one (1) year terms (each successive year being a “Renewal Term”), provided that either party may terminate this Agreement with at least ninety (90) days prior written notice however, if Owner elects to terminate this Agreement at t any time during which Cox has a service agreement in place with any Tenant, the termination date shall be extended to coincide with the expiration (or earlier termination) of the last Tenant service agreement Cox has in place at the Property and Cox will not renew any existing service agreement with any Tenant nor enter into any new service agreements with any Tenant following the date upon which Cox receives a termination notice from Owner.. Cox may terminate this Agreement (i) in the event Cox is unable to continue the distribution of any Services because of any law, rule, regulation or judgment of any court (or any similar reason beyond the reasonable control of Cox), (ii) if the applicable franchise or licenses are assigned, terminated, surrendered or revoked for any reason, or (iii) in the event that Cox elects to no longer provide Services to the Property.
5. Default. If either party fails to perform any material condition or agreement to be performed or observed by it hereunder and such default is not cured within thirty (30) days after the defaulting party’s receipt of written notice from the non-defaulting party, the non-defaulting party may immediately terminate this Agreement by providing written notice to the defaulting party.
6. Miscellaneous. This Agreement is the entire understanding between the parties and supersedes any prior agreements or understandings whether oral or written. This Agreement may not be amended except by a written instrument executed by both parties. This Agreement is governed by the laws of the state where the Property is located. Owner acknowledges that (i) this Agreement and Cox's rights granted herein shall be binding upon Owner's successors and assigns, and (ii) Owner shall notify any successor Property owner of Cox’s right under this Agreement and provide such party a copy hereof. Each Party has the full right and authority to execute this Agreement and grant the rights and/or accept the obligations contained herein. Owner represents that there are no prior or existing agreements, nor will there be any agreements during the Term, that would be breached by Owner’s execution of this Agreement or by Cox's provision of the Services. Cox may assign this Agreement without consent, in whole or part, to (i) to any affiliate of Cox; (ii) any entity merging with, or acquiring substantially all of the assets of, Cox or (iii) any services provider that provides Services to any Tenant. Notices required to be given shall be sent by U.S. Certified Mail, postage prepaid, return receipt requested, or national overnight courier to the address set forth below. Cox shall determine the appropriate date to begin construction and/or installation of the Facilities at the Property and the commencement of the provision of Services to Tenants. Owner shall have no responsibility for the Services provided by Cox, or for the proper functioning of the Facilities. In the event of bankruptcy of any Tenant or Owner, or in the event of a Service disconnection order, Cox shall have the right to enter upon the Property to recover the Facilities.
Signatures on next page
Signatures to follow:
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Printed: 11/08/2023 / 11:57 AM Initial___/___
1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
3 For:
Cox Communications California, LLC
20 Icon
Foothill Ranch, CA 92610
(949) 546.2020
By: _______________________________
Print Name__________________________
Title:______________________________
Date: ______________________________
For:
ROLLING HILLS CITY
1 Portuguese Bend Rd
Rolling Hills, CA 90274
Re: 1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
To Whom Cox Should Email the Signed
Agreement:
By: ________________________________ _________________________ Print Name: _________________________ _________________________ Title: ______________________________
Date: ______________________________
Email: _____________________________
Who to call for access to MPOE (telephone room):
Print Name: _________________________
Phone: _____________________________
208
Printed: 11/08/2023 / 11:57 AM Initial___/___
1 PORTUGUESE BEND RD, ROLLING HILLS, CA 90274
Assessor’s Parcel No. 7569-015-900
4 Exhibit “A”
Legal Description:
Assessor’s Parcel Number: 7569-015-900
Scope of Work:
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Agenda Item No.: 10.A
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: DAVID H. READY
SUBJECT:
ZONING CASE NO. 23-049: SITE PLAN REVIEW FOR A 1,957-
SQUARE-FOOT ADDITION TO AN EXISTING RESIDENCE, AND
CONDITIONAL USE PERMIT TO ADD 244 SQUARE FEET TO AN
EXISTING POOL HOUSE, LOCATED AT 19 PORTUGUESE BEND
ROAD IN ZONING CASE NO. 23-049 (LOT 80-RH) (HTJGDB/SIU) DATE: November 13, 2023
BACKGROUND:
At the September 12, 2023 Planning Commission meeting, the commissioners voted 3-0 approved Zoning Case No. 23-049 and continued the item to the next meeting on October 17, 2023. The Planning Commission also directed staff to prepare a resolution for approval at the next meeting. There were two commissioners that did not take part in the vote. Commissioner Cardenas was recused due to the proximity of his residence to the project and Commissioner Kirkpatrick abstained because he was not present at the morning field trip.
At the October 17, 2023 Planning Commission meeting, the commissioners voted 3-0 to approve Resolution No. 2023-13. There were two commissioners that did not take part in the vote. Commissioner Cardenas was absent and Commissioner Kirkpatrick abstained.
The lot is an irregular rectangularly shaped parcel that is zoned RAS- 2. The net lot area is 155,320 square feet (3.57 acres). The lot is currently developed with a 4,854-square-foot single-family residence, 1,512-square-foot detached garage, 800-square-foot swimming pool/spa, 30-square-foot pool equipment, 545-square-foot pool house, 2,250-square-foot recreation court, 500-square foot attached trellis, 120-square-foot shed, and 200-square-foot service yard. There are a total of two building pads, the first building pad is developed for residential uses. The second building pad is developed for recreational uses.
DISCUSSION:
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Applicant Requests
On April 3, 2023, applications were duly filed by Russ Barto, on behalf of Maryann Siu and Holy Tantra Jin Gang Dhyana (HTJGD) requesting a Site Plan Review for a 1,957-square-foot addition to the existing main residence and Conditional Use Permit for a 244-square-foot addition to an existing pool house.
Site Plan Review
The Rolling Hills Municipal Code (RHMC) requires a Site Plan Review for the construction of an addition which increases the size of the residence by more than 999 square feet pursuant to RHMC Section 17.46.020(A). The applicant proposes a 1,957-square-foot addition to the residence. The existing residence is 4,854 square feet and the proposed addition will bring the total to 6,811 square feet.
Conditional Use permit
RHMC requires a Conditional Use Permit for a detached accessory structure that exceeds 200 square feet pursuant to RHMC Section 17.16.200(L). The Project proposes a 175-squarefoot addition to the existing guest house. The existing guest house is 545 square feet and the proposed addition will add 244 square feet for a total of 789 square feet (maximum 800 square feet).
MUNICIPAL CODE COMPLIANCE
Setbacks
The project complies with all of the required setbacks in the RAS-2 Zone.
Lot Coverage and Building Pad Coverage
Lot Coverage
The existing structural lot coverage (with deductions) is 8,441 SF or 5.5%. The project proposes a 1,957 SF residential addition, 244 SF pool house addition, 175 SF covered porch, and -500 SF attached trellis for a total structural coverage (with deductions) of 1,876 SF or
1.2%. The total structural coverage on the lot will be 10,317 SF, or 6.6% of the net lot area, which meets the lot coverage limitation of 20% maximum. The existing flatwork is 14,275 SF, and the project proposes to decrease -1,500 SF or 1.0% of walkways and patio areas for a total of 12,775 SF or 8.2%, which meets the flatwork coverage limitation of 15% maximum.
The proposed total coverage including structures and flatwork (with deductions) will be 23,092 SF or 14.8% of the net lot area, which also meets the lot coverage limitation of 35% maximum.
Disturbance
The existing disturbed area is 42,000 SF or 27%, the maximum is 40%. There is no increase of disturbance because the proposed project is in an area that is already disturbed Neighbor Concerns
On September 12, 2023, Mr. Dugal Bain (resident at 17 Portuguese Bend Road) attended the 211
morning field trip meeting to express his concerns regarding his privacy and screening the adjacent area with landscaping between 17 Portuguese Bend Road and 19 Portuguese Bend Road. Mr. Bain also attended the evening Planning Commission meeting. The Commission has conditioned the project for the applicant to provide landscaping for screening in the Conditions of Approval.
Review by RHCA
The Rolling Hills Community Association will review this project.
Field Visit
On September 12, 2023 at 7:50 a.m., the Planning Commission viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Commission.
Environmental Review
The Project has been determined to be exempt from the California Environmental Quality Act, (CEQA) pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of a limited number of new, small facilities or structures, including single family residence and accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the Project is for the construction of additions to the residence and pool house. Accordingly, the Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
CRITERIA FOR SITE PLAN REVIEW
17.46.050 - Required Site Plan Review findings
1. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a Site Plan Review application.
2. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the 212
rural character of the community, and landscaping provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality Act.
If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT
17.42.050 Basis for approval or denial of Conditional Use Permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
Attachment 1: 2023-13_PC_Resolution_19PBR_ZC 23-049_F_E.pdf Attachment 2: Vicinity Map
Attachment 3: Development Table
Attachment 4: Photos
Attachment 5: Development Plans
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City of Rolling Hills
TITLE VICINITY MAP CASE NO. ZONING CASE NO. 23-049
Site Plan Review, Conditional Use Permit
OWNER HTJGDB/MARYANN SIU
ADDRESS ROLLING HILLS, CA 90274 SITE
226
Development Table
Zoning Case No. 23-049
19 Portuguese Bend Road
Site Plan Review,
Conditional Use Permit EXISTING PROPOSED TOTAL
RA-S- 2 Zone SINGLE FAMILY
RESIDENCE,
DETACHED GARAGE
POOL HOUSE,
POOL/SPA,
COVERED
TRELLISES,
RCREATION
SPORTS COURT,
SHED& SERVICE
YARD
1,957 SF RESIDENTIAL
ADDITION TO MAIN HOUSE
AND 244 SF TO EXISTING
POOL HOUSE
Net Lot Area 155,320 SF 155,320 SF
Residence 4,854 SF 1,957 SF 6,811 SF
Garage 1,512 SF 0 SF 1,512 SF
Swimming Pools/Spa 800 SF 0 SF 800 SF
Pool Equipment 30 SF 0 SF 30 SF
Pool House 545 SF 244 SF 789 SF
ADU
Future Stable minimum: 450 SF
Future Corral minimum: 550 SF
1,000 SF 1,000 SF
New Planter Box
Recreation Court 2,250 SF 0 SF 2,250 SF
Attached Covered Porches
Detached Sheds 120 SF 0 SF 120 SF
Attached Trellis 500 SF -500SF 0 SF
Water features 92 SF
Service Yard 200 SF 0 SF 200 SF
Primary Driveway 3,800 SF 0 SF 3,800 SF
Paved walkways 1,400 SF 0 SF 1,400 SF
Patios 1,350 SF 0 SF 1,350 SF
Pool Deck 2,125 SF 0 SF 2,125 SF
Parking Pads 5,600 SF 0 SF 5,600 SF
Grading (balanced onsite)
Structural Lot Coverage
(20% maximum with deductions)
8,441 SF (5.4%) 1,876 SF (1.2%) 10,317 SF (6.6%)
Flatwork Lot Coverage
(15% maximum)
14,275 SF (9.2%) -1,500 SF (1.0%) 12,775 SF (8.2%)
Total Lot Coverage (Structures and
Flatwork) (35% maximum with deductions)
22,836 SF (14.7%) 376 SF (0%) 23,092 SF (14.8%)
Total Disturbed Area
(40% maximum)
42,000 SF (27.0%) 0 SF (0%) 42,000 SF (27.0%)
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Agenda Item No.: 11.A
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: DAVID H. READY
SUBJECT:
ZONING CASE NO. 22-51: SITE PLAN REVIEW TO CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE WITH A BASEMENT, ATTACHED
GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT
GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO
CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2 1/2 FEET IN
HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4)
NONEXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4
POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON),
AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
DATE: November 13, 2023
BACKGROUND:
On October 23, 2023, City Council considered the Planning Commission's decision and Traffic Commission's recommendation and voted 5-0 to consider the matter on its own. On October 28, 2023, a public hearing notice was published in the Daily Breeze for the upcoming field trip and Council meeting. Notices were mailed to owners within 1,000 feet of the subject property.
Staff also emailed residents that participated in previous meetings.
On November 7, 2023, City Council conducted a field trip at the subject property. The meeting was called to order at the base of the driveway. Council and members of the public asked questions of staff and the applicant. The field trip continued to the proposed development pad where the Council and members of the public were able to see the proposed project as depicted by silhouettes and stakes.
Planning Commission
The Planning Commission held public hearings on this case at its meetings on March 21, 2023, July 18, 2023, August 15, 2023, and September 12, 2023. At the September 12th meeting, the Planning Commission voted unanimously to adopt Resolution No. 2023-11 242
approving the proposed project.
March 21, 2023 Planning Commission Field Trip and Evening Meeting This item was originally presented to the Planning Commission on March 21, 2023. The Planning Commission held a field trip at the site in the morning and an evening meeting. The Commission voted to continue the item to the April 18th meeting so the applicant could look into the issues discussed, particularly regarding development on the barn pad and reducing grading. The motion passed unanimously.
On April 18, 2023, the applicant was still addressing the issues regarding grading and barn pad location so the item was not included on the agenda.
July 18, 2023 Planning Commission Evening Meeting
The item was re-noticed for the July 18th Planning Commission meeting to give the applicant more time to discuss relocating the proposed residence to the barn pad. At that meeting, the Commission took public testimony and advised the applicant to continue working with neighbors on the feasibility of developing the proposed residence on the existing barn pad.
The public hearing was continued to August 15, 2023.
Subsequently, the applicant met with Mr. Nikos Constant at 25 Georgeff Road, but the parties were not able to come to an agreement on offsite remediation and development of the barn pad. As such, the applicant is choosing to move forward with the original proposal of creating a new building pad in the middle of the property.
August 15, 2023 Planning Commission Evening Meeting
Prior to the meeting, the applicant requested a continuance to further address the Planning Commission's concerns with grading. The Planning Commission opened the public hearing, received public testimony (there were no speakers), and continued the item to September 12, 2023.
September 12, 2023 Planning Commission Evening Meeting
Neighbors were concerned with the proposed project and staff received several emails prior to the meeting which were forwarded to Commissioners and included as a supplement in the Blue Folder. The Commission opened the public hearing and took public testimony. Public comment was received from Dave Long, Mark Minkes, Nikos Constant, and Greg Becker.
Their concerns included the size and location of the proposed project, soil stability, and the environmental exemption. It was requested that the project be continued for further consideration. The Commission responded by indicating the public hearing began in March 2023 and the applicant considered revising the plan to develop on the barn pad, which was not feasible. The applicant was able to reduce the amount of grading on the original development pad as directed by the Planning Commission. The Commission acknowledged residents' concerns and indicated the project has been ongoing for several months. The project has been revised and the applicant was able to reduce the amount of grading.
Revised Project Approved by Planning Commission
The applicant, Dan Bolton of Bolton Engineering, on behalf of the property owner, Andy Arvidson, revised the proposed project to reduce the amount of grading. This was accomplished by removing the accessory dwelling unit (ADU) in order to reduce grading.
Minor revisions were also made including slightly altering the building pad, shifting the garage by three feet in order to accommodate the smaller building pad, and extending the length of 243
retaining walls along the driveway.
The revised proposal is a request to approve the construction of a new 7,290-square-foot (SF) single-family residence with a 7,290 SF basement, 1,100 SF attached garage, 1,135 square feet of attached covered porches, 195 SF attached trellis, 540 SF swimming pool/spa, pool equipment, service yard, lightwells, maximum five-foot-high retaining walls, driveway, walkways, landscaping, and other improvements.
Originally, the proposed project included 41,874 cubic yards (CY) of grading with , including 22,340 CY cut and 19,534 CY fill. The revised project reduces grading to 24,775 CY, including 15,905 CY cut and 8,870 CY fill. However, the revision requires the export of 3,830 CY of grading, not including exempt grading for the basement and swimming pool. The export requires a variance and the application has been revised accordingly and the project has been properly renoticed.
The swimming pool/spa, service yard and other minor improvements are typically not subject to discretionary review. However, the swimming pool/spa requires a variance for location in the front yard, and certain retaining walls require a variance for location in the front yard and having an average height above two-and-one-half feet.
Traffic Commission
On March 23, 2023, the Traffic Commission reviewed the proposed project to widen the driveway and apron. The existing driveway apron connects to a "bulge" on Poppy Trail and is approximately 13 feet wide; the existing driveway is 10 feet wide. The proposed project will widen the apron and driveway to 20 feet. The length of the overall driveway from Poppy Trail to the main residence will be approximately 700 feet. Adequate access for the Fire Department will be provided. The Traffic Commission unanimously recommended approval of the proposal on a 3-0 vote (Margeta and Virtue absent).
Building Pads/Driveway Access
The proposed project will create one new building pad in contrast to the original proposal which included a pad for the ADU. The main building pad will be reduced from 20,635 SF to 19,600 SF located generally in the middle of the property. The building pad will be located outside of any required setbacks and will be accessible via a new 20-foot-wide driveway that connects to an existing driveway and ultimately to Poppy Trail. There will be a turnaround for Fire Department access at the terminus of the new driveway on the main building pad. The existing driveway, which connects to Poppy Trail, will be widened to 20 feet. The length of the overall driveway from Poppy Trail to the main residence will be approximately 700 feet. The Traffic Commission recommended approval of the widening of the driveway and apron at its meeting on Thursday, March 23, 2023.
Zoning, Location, and Lot Description
The property located at 4 Poppy Trail is zoned RAS-2 and has a net lot area of 6.37 acres (277,335 square feet). Only one building pad exists on the property and is located at the highest portion in rear of the property. This building pad is 16,200 square feet and is developed with a 3,330 SF stable.
The property is irregularly shaped and only has an 86-foot segment connected to Poppy Trail.
The front property line is considered the portion that connects to Poppy Trail plus the eastern 244
property line which parallels an equestrian dirt path known as the Sleepy Hollow Trail. Sleepy Hollow Trail traverses much of the front yard setback which is 50 feet wide. The 50-foot-wide rear yard setback is along the western property line and the 35-foot-wide side yard setback is along all other property lines. The property slopes upward from Poppy Trail to the existing barn in the southwestern corner. The elevation difference between Poppy Trail to the barn pad is approximately 172 feet with the proposed main building pad approximately 100 feet higher than Poppy Trail.
Previous Approvals
On May 18, 2004, the Planning Commission adopted Resolution Nos. 2004-13 A and B approving a lot line adjustment between three parcels and a variance to retain an existing stable on the subject property which is located in the side yard setback. The stable was constructed around 1977 for use by the property owner who lived on the abutting property at 8 Reata Lane. On September 14, 2010, the Planning Commission adopted Resolution No. 2010-18 approving a lot line adjustment between three properties, included a lot owned by the City.
DISCUSSION:
City Council Field Trip on November 7, 2023
A number of questions were raised at the field trip by Councilmembers and members of the public. Staff indicated the geology report (geotechnical investigation), which is available on the City's website, will be reviewed during the building plan check stage. Staff also indicated representatives from LA County will be present at the November 13th meeting for building and geology questions. The applicant's geology expert will be present as well.
Staff indicated the applicant was able to reduce the amount of grading using retaining walls.
Some of the retaining walls require variances because of location and height. The tallest walls will be located along the driveway, behind the residence, and in front of the garage. These walls will be a combination of two five-foot-high retaining walls separated by five feet with a slope no greater than 2:1. A three-and-a-half-foot guard rail is proposed atop the higher wall for safety purposes.
The applicant's team indicated the proposed residence and pad site needed to be altered to address grading concerns. The proposed residence was moved approximately three feet forward and one foot upward. Along with other changes such as removing the ADU, the revised project reduced grading from 41,874 cubic yards (CY) to 24,680 CY.
Commissioner Mirsch asked about the ADU and if it were possible for the applicant to propose it at a later time. Per State law, ADUs are permitted on residential property and the City's Ordinance was amended to comply with State law. If an ADU qualified for ministerial approval under Rolling Hills Municipal Code (RHMC) Chapter 17.28, then it would be approved administratively. If an ADU did not qualify for ministerial approval under Chapter 17.28, then it could be approved via a discretionary CUP under RHMC Section 17.28.090, in which case all the development standards outside RHMC Chapter 17.28 would be required.
Revised Project
The request is for a Site Plan Review for construction of the residence and appurtenant 245
structures and for grading. The applicant requests four variances: (1) swimming pool/spa in the front yard; (2) retaining walls exceeding an average of 2½ feet in height; (3) retaining walls in the front yard; and (4) non-exempt grading export.
The total structures will be 14,180 SF or 5.1% of the net lot area.
The flatwork area, which includes the driveway, paved walkways, patios, and courtyards is 17,400 square feet. This covers 6.3% of the net lot area.
Total disturbance covers 64,100 SF or 23.1%. This is reduced from the original of 109,995 SF or 39.7% of the net lot area.
The residential building pad will be 19,600 SF (reduced from 20,635 SF) and the residence and other structures will cover 53.6% of the pad, not including attached trellises which are exempt.
The existing stable pad will not change. It is 16,200 SF and the stable covers 21.5% of the pad.
A preliminary landscape plan has been reviewed by the City's landscape consultant for compliance with the Model Water Efficient Landscape Ordinance (MWELO); however, a revised landscape plan is needed to address changes to the plan. The plan was reviewed for appropriateness and adaptability of selected plants, water efficient irrigation design, and the use of design elements that enhance the character of the community. The preliminary landscape plan for the original project was found to be in compliance with MWELO and landscape conditions will be included for installation and maintenance.
Site Plan Review
Site Plan Review (SPR) is needed for construction of any new building or structures, and nonexempt grading per Rolling Hills Municipal Code (RHMC) Section 17.46.020.
Variance Requests
Variance requests are needed to as mentioned above. Findings are necessary to support approval of the variances.
Environmental Review
The proposed project has been determined to not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts a single-family residence, swimming pool, and accessory structures.
Public Participation
The public hearing was published in the Daily Breeze and notices were sent to owners within 1,000 feet of the subject property. Additionally, staff emailed residents involved in previous meetings to notify them of upcoming meetings.
Planning Commission
March 21st meeting published on March 10, 2023
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July 18th meeting published on July 8, 2023
September 12th meeting published on August 31, 2023
City Council
November 6th field trip and November 13th regular meeting published on October 28, 2023
A number of residents participated in meetings and submitted written comments, which are attached.
John Lacey, 7 Poppy Trail
Gregory Becker, 20 Chuckwagon Road
Dave Long, 40 Chuckwagon Road
Sharon Minkes, 44 Chuckwagon Road
Nikos Constant, 25 Georgeff Road
CRITERIA FOR SITE PLAN REVIEW
17.46.050 - Required Site Plan Review findings.
The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a Site Plan Review application. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental Quality Act.
10. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City 247
staff and/or the Planning Commission, the site plan review application shall be denied.
CRITERIA FOR VARIANCES
17.38.050 Required Variance findings.
In granting a variance, the Commission (and Council on appeal) must make the following findings:
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone;
2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question;
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity;
4. That in granting the variance, the spirit and intent of this title will be observed;
5. That the variance does not grant special privilege to the applicant;
6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and
7. That the variance request is consistent with the general plan of the City of Rolling Hills.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff recommends the City Council open the public hearing, receive public testimony, discuss the proposed project, and provide direction to staff and the applicant. In the event the City Council wishes to approve the project, a resolution of approval is included for consideration.
ATTACHMENTS:
ATTACHMENT1_ResolutionNo1351_ZC22-51_4PoppyTrail_Arvidson_D.pdf ATTACHMENT2_CL_PBN_230321_4PoppyTrail_ZC22-51_VicinityMap.pdf ATTACHMENT3_PL_ADR_4PoppyTrail_ZC22-51_DevelopmentTable_RevisedProject.pdf ATTACHMENT4_2023-11_PC_Resolution_4PoppyTrail_ZC 22-51_F_E.pdf ATTACHMENT5_PL_ADR_4PoppyTr_ZC22-51_230711_Email_DaveLong.pdf ATTACHMENT6_CL_AGN_230718_PC_Item9A_PublicComment_NConstant.pdf ATTACHMENT7_CL_AGN_230912_PC_Item9A_PublicComment01.pdf ATTACHMENT8_CL_AGN_230912_PC_Item9A_PublicComment02.pdf ATTACHMENT9_CL_AGN_230912_PC_Item9A_PublicComment03.pdf ATTACHMENT10_CL_AGN_230912_PC_Item9A_PublicComment04.pdf ATTACHMENT11_CL_AGN_230912_PC_Item9A_PublicComment05.pdf ATTACHMENT12_CL_AGN_CC_231009_09_CommissionItems_Email_Becker.pdf ATTACHMENT13_CL_AGN_231023_CC_Item10A_PublicComment01.pdf ATTACHMENT14_PL_ADR_4PoppyTrail_ZC22-51_Architectural.pdf ATTACHMENT15_PL_ADR_4PoppyTrail_ZC22-51_SitePlan_Grading.pdf ATTACHMENT16_PL_ADR_4PoppyTrail_ZC22-
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51_Alternate_Development_on_Barn_Pad.pdf
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1 RESOLUTION NO. 1351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 22-51 FOR A SITE PLAN
REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A
BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2½ FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NON-EXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL LANE (LOT 17-APT), ROLLING HILLS, CA (ARVIDSON), AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Andy Arvidson with respect to real property located at 4 Poppy Trail Road, Rolling Hills (Lot 17-A-PT) requesting a site plan review to construct a new 7,290-square-foot single-family residence with a 7,290-square-foot basement, 1,100-square-foot attached garage, five-foot-high maximum retaining walls, 24,680 cubic yards of grading including 6,940 cubic yards of export (3,735 cubic yards of non-exempt export), and related improvements. Variance requests are needed to construct: (1) a 540- square-foot swimming pool/spa in the front yard, (2) retaining walls exceeding an average of two-and-one-half feet in height, (3) retaining walls up to five feet in height in the front yard, and (4) non-exempt grading export. The project also includes pool equipment, 1,135 square feet of attached covered porches, 195 square feet of attached trellises, and a 95-square-foot service yard, which are not subject to discretionary review.
Section 2. The subject property is developed with a 3,330-square-foot stable with a 150-square-foot attached covered porch, but there is currently no single family residence on the lot. The stable was developed in 1977 for the owner at 8 Reata Lane who owned both abutting properties at the time. In 2004, a lot line adjustment was approved to merge three existing lots into one and a variance was approved to allow the existing stable to encroach into the side yard setback. In 2010, a lot line adjustment was approved to further adjust the lot lines creating the lot lines that currently exist for the subject property.
Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at its special field trip meeting and regular meeting on March 21, 2023.
Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Daily Breeze on March 10, 2023. The evidence was heard and presented from all persons interested in affecting said proposal. On July 18, 2023, the Planning Commission held another duly noticed public hearing. Neighbors within a 1,000-foot radius were notified of the public hearing and a notice was published in the Daily Breeze on July 8, 2023. The 250
2 applicant and agent were notified of the public hearings in writing by first class mail and the agent was in attendance at the hearings. The Planning Commission opened the public hearing, took public testimony, and continued the public hearing to August 15, 2023, and then to September 12, 2023. Neighbors within a 1,000-foot radius were notified of the September 12th public hearing and a notice was published in the Daily Breeze on August 31, 2023. At the September 12th meeting, the Planning Commission adopted Resolution No. 2023-11 approving the proposed project.
Section 4. On March 23, 2023, the Traffic Commission conducted a meeting to review the widening of the driveway and apron. The Traffic Commission’s recommendation will be forwarded to the City Council for approval.
Section 5. On October 23, 2023, the City Council considered the actions of the Planning Commission and Traffic Commission and decided to consider the matter on its own.
On November 7, 2023, the City Council held a duly noticed public hearing field trip at the project site. The public was invited to participate. On November 13, 2023, the City conducted a duly noticed public hearing to consider the proposed project. Notices were published in the Daily Breeze on October 28, 2023, and mailed to owners within 1,000 feet of the subject property.
Section 6. The property is zoned RAS-2 and the net lot area excluding the roadway easement is 6.37 acres (277,355 square feet). The project includes an existing 2,770-squarefoot stable building pad in the southern corner of the lot, which is above the proposed main building pad for the residence. The property has a lot depth of approximately 420 feet and a lot width of approximately 800 feet. The property slopes upward from the street to the rear of the property where the existing barn is located. The grade elevation between the proposed main building pad and the street is approximately 90 feet, and the barn pad is approximately 75 feet higher than the main building pad.
Section 7. CEQA. The Project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures), which exempts the construction and location of a limited number of new, small facilities or structures, including single family residence and accessory structures, including but not limited to garages, carports, patios, swimming pools and fences. Here, the Project includes the construction of a new single-family residence and related improvements.
Accordingly, the Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The site is developed with an existing stable on a graded pad.
Section 8. Site Plan Review Findings. Site Plan Review is required for construction of a new residence pursuant to Rolling Hills Municipal Code (RHMC) Section 17.46.020(A), for retaining walls above three feet in height pursuant to RHMC Section 17.16.190(F), and for non-exempt grading totaling 24,775 CY including 3,830 CY of non-exempt export pursuant to RHMC Section 17.46.020(A). With respect to the Site Plan Review for the development, the City Council hereby makes the following findings:
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3 A. The project complies with and is consistent with the goals and policies of the General Plan and all requirements of the zoning ordinance.
The proposed development, which includes construction of a residence, retaining walls, and other structures, and grading is compatible with the General Plan and Zoning ordinance, subject to variances for a new swimming pool, spa, and retaining walls located in the front yard and retaining walls with an average height greater than two-and-one-half feet. The proposed structures comply with the General Plan requirement of low profile, low-density residential development with sufficient open space between surrounding structures. The new residence will be built on a new building pad, which will reduce the visual impact from neighboring properties.
The project conforms to Zoning Code lot coverage requirements. The net lot area of the lot is 6.37 acres per RHMC Section 17.16.060(A). The structural net lot coverage is proposed at 14,180 square feet or 5.11% (20% max. permitted) excluding exempt structures; and the total lot coverage proposed, including flatwork, would be 31,580 square feet or 11.39% (35% max. permitted). The disturbed area of the lot is proposed to be 64,100 square feet or 23.11% (40% permitted).
B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot.
The topography and the configuration of the lot have been considered, and the proposed grading and retaining walls for development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures; the grading and retaining walls allows the proposed construction to be constructed on a new building pad which enables proposed project elements to be the least intrusive to surrounding properties. The retaining walls preserve the existing topography to the extent feasible. Further, the grading and retaining walls allow the proposed construction to be a sufficient distance from nearby residences so views and privacy of surrounding neighbors will not be impacted. The pool will be in the front yard but not visible from the street. The pool and patio area are included in the lot coverage. Lastly, the graded areas will incorporate landscaping and the retaining walls will be screened with landscaping. The lot will have a main building pad and a stable pad and 23.11% of the lot will be disturbed with the remaining area left landscaped or in a natural state.
C. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences.
The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the visibility of the project from Poppy Trail as it will be located at a much higher elevation. The driveway utilizes the existing driveway at the entrance but will be widened to 20 feet to comply with Fire Department requirements. The driveway will be located on the subject property, unlike the existing driveway, which traverses onto neighboring property. The driveway leads to the new building 252
4 pad and follows the natural terrain to the extent feasible. The proposed pool will be located at the edge of the pad and retaining walls will be located around the residence in the middle of the pad. Significant portions of the lot will be left undeveloped or landscaped.
D. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls).
A landscape plan has been prepared to comply with water efficient landscape ordinance requirements and low impact development standards. The landscape plan will introduce additional landscaping, which will be compatible with and enhance the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. The grading and retaining walls are designed to preserve existing topography where possible and mimic the natural terrain.
E. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area.
Grading consists of 15,810 CY of cut and 8,870 CY of fill. Export of 6,940 CY is required but mostly exempt because it is used to excavate the basement and swimming pool. Of the total, export of 3,735 CY is not exempt and requires a variance which is addressed in Section 8 below. The grading and retaining walls are designed to preserve slopes where possible and mimic the natural terrain.
F. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course.
Grading will be done to improve the driveway and walkways throughout the site and create the main building pad. Drainage will follow the natural drainage courses of the lot and will be reviewed and approved by Building and Safety for compliance with stormwater requirements.
G. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas.
Surrounding native vegetation and mature trees will not be affected and new landscaping will be considerate of the environment and will enhance the rural character of the community. Landscaping will provide a buffer or transition between various pads on the property. As such, the rural character of the community is maintained and privacy is maintained with neighbors.
H. The project is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles.
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5 The grading and retaining walls for the project occurs along the driveway and main building pad and will be minimally visible from adjacent property. There is ample parking in the garage and driveway. An adequate pathway is proposed to safely accommodate pedestrians from the residence to the accessory dwelling unit. Adequate walkways will be provided to the pool and deck.
I. The project conforms to the requirements of the California Environmental Quality Act (CEQA).
This project is exempt from CEQA for the reasons set forth in Section 6 above.
Section 9. Variance Findings. Section 17.38.050 sets forth the required findings for granting variances from Sections 17.16.200(G), 17.16.190(F), and 17.20.120 to construct a swimming pool, spa, and retaining walls in the front yard, exceed an average height of two-and-one-half feet for retaining walls, and export non-exempt grading. With respect to the request for variances, the City Council finds as follows:
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone.
There are extraordinary circumstances applicable to this property. The property is irregularly shaped with steep slopes and the location of the swimming pool, spa, and retaining walls is ideal to maximize views and utilize the pad configuration. Due to the shape of the property, there are exceptional circumstances applicable to the property that do not apply generally to other properties in the same vicinity and zone. The swimming pool, spa, and retaining walls in the front yard is warranted in order to maintain the existing topography. The average height of the retaining walls greater than two-and-one-half feet is needed due to steepness. The area in the front yard is a practical location for recreational uses such as a swimming pool and spa. The improvement will enhance the usability of the swimming pool and spa and be compatible with existing development in the area. Non-exempt grading export is required to preserve the existing topography to the extent feasible. The variances are warranted due to the unique sloping topography that does not apply generally to other properties in the vicinity.
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question.
Granting the requested variances are necessary for the preservation and enjoyment of property rights on the property. The existing main building pad will be located in the middle of the property and the location of the swimming pool, spa, and retaining walls is an ideal location to complement the residence. Other properties in the vicinity enjoy these types of improvements. Non-exempt grading export is required to preserve the existing topography to the extent feasible.
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6 C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.
Granting the variances to locate a pool, spa, and retaining walls in the front yard, and for non-exempt grading export will not be detrimental to the public welfare and will not be injurious to properties in the vicinity; recreational uses and other improvements are allowed in the Rolling Hills community. Further, the project will be consistent with other development in the area.
D. That in granting the variance, the spirit and intent of this title will be observed.
Allowing construction of a swimming pool, spa, and retaining walls in the front yard, and non-exempt grading export will be harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed construction complies with the low-profile residential development pattern of the community and will not give the property an over-built look. The lot is sufficient to accommodate the proposed use.
E. That the variance does not grant special privilege to the applicant.
The construction of the swimming pool, spa, and retaining walls in the front yard allows a recreational use similar to others enjoyed by many properties throughout the City.
Non-exempt grading export is required to preserve the existing topography to the extent feasible. The project, together with the variances, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. For these reasons, the variances will not grant a special privilege to the applicant.
F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities.
Granting variances for the project will be consistent with the applicable portions of the Los Angeles County Hazardous Waste Management Plan related to siting criteria for hazardous waste facilities. The project site is not listed on the current State of California Hazardous Waste and Substances Sites List.
G. That the variance request is consistent with the General Plan of the City of Rolling Hills.
Granting variances will be consistent with the General Plan of the City of Rolling Hills, which allows and encourages residential uses and property improvements. Non-exempt grading export is required to preserve the existing topography to the extent feasible. It will further the low-profile residential development pattern of the community and will not give the property an over-built look.
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7 Section 10. Approval; Conditions of Approval. Based upon the foregoing findings, and the evidence in the record, the City Council hereby approves Zoning Case No. 22-51 subject to the following conditions:
A. The Site Plan and Variance approvals shall expire within two years from the effective date of approval as defined in RHMC Sections 17.46.080 and 17.38.070 unless otherwise extended pursuant to the requirements of these sections.
B. If any condition of this resolution is violated, the entitlements granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee’s determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted; the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant’s request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to RHMC Chapter 17.58.
C. All requirements of the Building and Construction Ordinance, the Zoning ordinance, and of the zone in which the subject property is located must be complied with unless otherwise a variance to such requirement has been approved.
D. The lot shall be developed and maintained in substantial conformance with the site plan on file at City Hall and approved by the City Council on November 13, 2023, except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan.
All conditions of the Site Plan Review and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department.
The conditions of approval of this Resolution shall be printed onto a separate sheet and included in the building plans submitted to the Building Department for review and shall be kept on site at all times.
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8 Any proposed modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed with staff so that staff can determine whether the modification is minor or major in mature. Minor modifications are subject to approval by the City Manager or his or her designee. Major modifications are subject to approval by the Planning Commission after a public hearing. The applicant shall not implement modifications or changes to the approved project without the appropriate approval from the City Manager or designee or the Planning Commission, as required.
E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building and grading permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the City Council.
F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth herein and the City’s Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith.
G. Structural lot coverage of the lot shall not exceed 14,180 square feet or 5.1% of the net lot area, in conformance with lot coverage limitations (20% maximum).
The total lot coverage proposed, including structures and flatwork, shall not exceed 31,580 square feet or 11.4% of the net lot area, in conformance with lot coverage limitations (35% maximum).
H. The disturbed area of the lot, including the future stable and corral area shall not exceed 23.1%, or 64,100 square feet surface area. Grading for this project shall not exceed 24,680 CY, including 15,810 CY of cut and 8,870 CY of fill with 6,940 CY of export (including 3,735 CY of non-exempt export).
I. The residential building pad is proposed at 19,600 square feet and shall not exceed coverage of 10,700 square feet or 53.6% with allowed deductions. The stable and corral pad is 16,200 square feet and shall not exceed 3,480 square feet of coverage or 21.5% with allowed deductions.
J. A driveway access shall be provided per the Fire Department requirements and the apron of the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in slope.
K. Access to the stable pad shall be maintained in good condition at all times; the access route shall not be widened unless previously approved by the City.
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9 L. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all of the proposed structures, or as otherwise required by the Fire Department.
M. Per LA County Building Code, a pool barrier and/or fencing shall be required for the pool.
N. A drainage plan, as required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements.
O. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190.E), pertaining to lighting on said property, roofing and material requirements of properties in the Very High Fire Hazard Severity Zone, and Low Impact Development requirements for storm water management on site (RHMC Chapter 8.32).
P. All utility lines shall be undergrounded pursuant to Section 17.27.030.
Q. Hydrology, soils, geology and other reports, as required by the Building and Public Works Departments, and as may be required by the Building Official, shall be prepared.
R. Prior to issuance of a final construction approval of the project, all graded slopes shall be landscaped. Prior to issuance of building permit, the landscaping plan shall meet the requirements of the City, shall be submitted to the City in conformance with Fire Department Fuel Modification requirements, and shall be approved by the City’s landscape consultant.
S. The project shall be landscaped, and continually maintained in substantial conformance with the landscaping plan on file approved by the City’s landscape consultant. A detailed landscaping plan shall provide that any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that screens the project development from adjacent streets and neighbors, such that shrubs and trees as they mature do not grow into a hedge or impede any neighbors views and the plan shall provide that all landscaping be maintained at a height no higher than the roof line of the nearest project structure. In addition, the landscaping plan shall provide for screening of the proposed retaining walls with vegetation not to exceed 10 feet in height, and that the vegetation used for screening shall be planted in an offset manner, to prevent it, as it grows from forming a solid hedge. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area, are water-wise and are consistent with the rural character of the community. Plants listed as high hazardous plants under RHMC Section 8.30.015 are prohibited.
T. The applicant shall submit a landscaping performance bond or other financial obligation, to be kept on deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond shall be released no sooner than two years after completion of all plantings, subject to a City staff determination that the plantings required for the project are in substantial conformance with approved plans and are in good condition. 258
10 The landscaping shall be subject to the requirements of the City’s Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC).
Pursuant to Chapter 8.30 of the RHMC, the property shall at all times be maintained free of dead trees and vegetation.
U. The retaining walls shall not exceed five feet in height at any point along the walls and shall be constructed according to plan.
V. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required.
W. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any of improvements to advance equestrian use and emergency preparedness for evacuation within the City. Where RHCA has demonstrated authority over the easement, the City’s Planning Director may grant relief from this condition upon satisfactory proof of permission from RHCA and a legitimate showing that there is no need for the condition to advance equestrian uses and emergency preparedness.
X. Minimum of 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City’s Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City.
Y. During construction, the site shall be maintained in a safe manner so as not to threaten the health, safety, or general welfare of the public.
Z. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required.
AA. During construction, to the extent feasible, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. To the extent feasible, a minimum of 4’ wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times.
AB. During construction, the property owners shall be required to schedule and regulate construction and relate traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills.
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11 AC. Prior to demolition of any existing structures, an investigation shall be conducted for the presence of hazardous chemicals, lead-based paints or products, mercury and asbestos-containing materials (ACMs). If hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, remediation shall be undertaken in compliance with California environmental regulations and policies.
AD. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no-smoking provisions in the Municipal Code. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions.
AE. Storm water shall drain in accordance with the approved grading and drainage plan. Drainage dissipaters shall be constructed outside of any easements. The drainage system shall be approved by the Department of Building and Safety. If an above ground swale and/or dissipater is required, it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall be stained in an earth tone color, and shall be screened from any trail, road and neighbors’ view to the maximum extent practicable, without impairing the function of the drainage system.
AF. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices.
AG. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2016 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution.
AH. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities and septic tank.
AI. The applicant shall pay all of the applicable Building and Safety and Public Works Department fees and Palos Verdes Peninsula Unified School District fees, if any.
AJ. Prior to final inspection of the project, “as graded” and “as constructed” plans and certifications shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the City Council approved plans. In addition, any modifications made to the project during construction, shall be depicted on the “as built/as graded” plan.
AK. This Resolution’s approvals shall not be effective until the applicants execute an Affidavit of Acceptance of all conditions set forth herein. 260
12 AL. All conditions of this Resolution, when applicable, must be complied with prior to the issuance of a grading or building permit from the Building and Safety Department.
AM. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 13th DAY OF NOVEMBER, 2023.
PAT WILSON, MAYOR
ATTEST:
____________________________________
CHRISTIAN HORVATH, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 261
13 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1351 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 22-51 FOR A SITE PLAN
REVIEW TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH A
BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCES TO CONSTRUCT: (1) A SWIMMING POOL/SPA IN THE FRONT YARD, (2) RETAINING WALLS EXCEEDING AN AVERAGE OF 2½ FEET IN HEIGHT, (3) RETAINING WALLS IN THE FRONT YARD, AND (4) NON-EXEMPT GRADING EXPORT ON A PROPERTY LOCATED AT 4 POPPY TRAIL LANE (LOT 17-APT), ROLLING HILLS, CA (ARVIDSON), AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
was approved and adopted at a regular meeting of the City Council on November 13, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
__________________________________
CHRISTIAN HORVATH, CITY CLERK
262
City of Rolling Hills
TITLE VICINITY MAP CASE NO. ZONING CASE NO. 22-51
Site Plan Review, Variance
OWNER ARVIDSON
ADDRESS 4 POPPY TRAIL, ROLLING HILLS, CA 90274 SITE
1,000’
Georgeff Rd
263
*Text in red indicates changes from original proposal.
REVISED DEVELOPMENT TABLE ZONING CASE NO. 22-51
(4 POPPY TRAIL)
Site Plan Review and
Variance
PAD 1 (SF)
Main Residence
PAD 2 (SF)
ADU
PAD 3 (SF)
Stable
DIFFERENCE
(+/-)
TOTAL (SF)
Uses
RAS-2 Zone Setbacks
Front: 50 ft.
Side: 35 ft.
Rear: 50 ft.
Single family
residence, garage,
pool
Meets all setbacks
ADU
ADU removed
in revised plan
Existing Stable
No changes
Pad Area/Net Lot Area 20,635 19,600 2,770 16,200 -1,035 (Pad 1) -3,805 (Pad 1&2)
277,335
Residence 7,290 7,290
Garage 1,100 1,100
Swimming Pool/Spa 540 540
Pool Equipment 50 50
ADU 850 -850 850
Stable (min. 450 SF) 3,330 3,330
Attached Covered Porches 985 150 150 -150 1,285 1,135
Attached Trellises 195 195
Lightwell 445 445
Service Yard 95 95
Total Structure Area 10,700 1,000 3,480 -1,000 15,180 14,180 Total Structural Coverage
(20% max)
5.5% 5.1%
Total Flatwork 17,400
% of Front Setback Covered
(20% max)
13.2%
Total Structural and
Flatwork
32,580 31,580
Total Lot Coverage (35%
maximum)
11.8% 11.4%
Building Pad Coverage
(Policy: 30% maximum)
51.9% 53.6% 36.1% 21.5% +1.7% (Pad 1)
Disturbed Area (40%
maximum; up to 60% with
slopes less than 3:1)
-53,105
-16.6%
109,995 64,100
39.7% 23.1%
Grading
22,340 Cut / 19,534 Fill
Export: 2,806 CY
(export to excavate
basement
and pool exempt)
-17,194
41,874 Total
24,680 Total
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
1 John Signo
From: Dave Long <[email protected]>
Sent: Tuesday, July 11, 2023 2:00 PM
To: Planning
Subject: Zoning case no. 22-51
Caution: External ([email protected])
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Dear Planning Commission,
Our home is situated directly across proposed the site in Zoning case no. 22‐51. We are adamantly opposed to any construcƟon of a family residence that is so low in the canyon and so close to our property. There are no other residences (only stables) that are like what the Arvidson’s are proposing in the canyon, and it would permanently destroy the rural ambiance we have enjoyed for twenty plus years living in this beauƟful community. Our property and our neighbors’ homes will be negaƟvely impacted by the construcƟon noise for an extended period of Ɵme, not to menƟon the future noise associated with a new residence and swimming pool, so close to our properƟes. Our property values also would be adversely affected. Again, we are adamantly opposed to this project.
Thank you for your consideraƟon.
David Long
279
4 Poppy Trail Development
TO: Rolling Hills Planning Commission, Mayor, City Council, City Attorney, RHCA, and Neighbors
FROM: The Constant Family, 25 Georgeff Road
DATE: July 18, 2023
RE: July 18, 2023 Regular Planning Commission Meeting Public Hearing Item 9.A.
ZONING CASE NO. 22-51
I’m writing, in addition to commenting at today’s planning commission meeting, in case the Zoom technology does not work, as I’m traveling.
I have had serious concerns about the development of 4 Poppy Trail since it was first announced several years ago. Historically, Georgeff Canyon, where 4 Poppy Trail is located, has seen land movement, accompanied by extensive litigation. As the Sunday, July 16, 2023 Daily Breeze article “Water appears likely culprit in landslide” states:
“In 2005, a chunk of hillside in Rolling Hills fell 100 feet onto Poppy Trail, a curving street below. It blocked the road, leaving residents of eight mulDmillion-dollar homes stranded. It took years of lawsuits to straighten the situaDon out. In the meanDme, the homeowners had to use four-wheel drive vehicles to navigate the slide.”
Of course, the Daily Breeze article’s main purpose is to place a historical perspective on the very recent Rolling Hills Estates Peartree Lane Landslide that is now international news. I’m sure many of us that live and work in Rolling Hills have received questions from friends and relatives around the world as to how close we are to that civic disaster along with a barrage of other detailed questions. It sure seems like the Ralph’s Fresh Faire has been a lot more crowded lately.
There are four major issues with 4 Poppy Trial that I would like to address:
1. Extreme change of development plans indicates a lack of any plan.
2. Landslide
3. Easements
4. Variance
First, the new proposal is an extreme change of plans from what was initially proposed. On first pass, the developer promised that the existing barn would not be demolished, in fact, it would be improved. As Rolling Hills is a noted equestrian community, this promise was taken in good faith, that the developer would leave the existing rural setting of the barn untouched and more importantly, gently improved. As our house at 25 Georgeff Road is directly above the existing 280
barn, the annoyance of hearing workers pounding and shouting was alleviated by the eventual improvement.
Now, the proposal is to demolish the barn and install a residence. This extreme change of plans is unacceptable, shocking, and really goes against the equestrian community’s important stature in keeping Rolling Hills’ valuable natural resource of trails, wildlife, and the like, alive. More importantly, extreme changes like this are evidence of a lack of any plan. Extreme changes, strike as desperate and not reasonably considered.
As for the second and most important issue of Landslides, the new design is located on top of a historical slide that crosses my property at 25 Georgeff, my next door neighbor’s at 27 Georgeff, and 4 Poppy Trail.
When I was doing due diligence in the purchase of my house, I brought out engineering, geologic, and survey teams to map the slide and to see about remediation. They came back with a report stating that more than simple “remedial grading” would be needed to stabilize the slide area. The extent of remediation would include the building of retaining walls, drains, cut and fill, curbs to channel water, caissons driven deep into the ground, re-landscaping, re-fencing, installing sprinklers, steps/paths for access, sewer lines, etc.
Ultimately, the experts told me that while it could be done, it would be best to leave a natural feature, that may have been there for hundreds of thousands of years, alone, or to move with extreme caution.
In addition, to “fix” the issue would require a ballet of negotiation between neighbors, city, county, engineers, attorneys, construction, and insurance companies. Most importantly, there would be no guarantees of success and as the law of unintended consequences must always be accounted: the fact that my house would be directly above the area’s construction zone, there could be further damages incurred, along with potential negligence issues on the existing geologically stable property and structures.
All of the above factors have informed any decisions on the property as we plan for a potential stable, greenhouse, ADU, and pool. With our modus being “proceed with extreme caution and humility”.
The new proposal goes against that mantra.
The third issue, easements, relates directly to trail access, property access, canyon fire safety, and the like. As we all know, RHCA easements along all property lines are both legally, and neighborly sacrosanct in this community. The maze of easements that surrounds 4 Poppy Trail are a mix of fire access easements and RHCA property line easements. Easements, despite their root French, are anything but easy, legally.
The development needs a legal analysis and land survey of how all property easement and access points are to be mapped out, before any planning decisions are made. 281
Finally, the new plan includes a variance for lot line setbacks, etc. As this variance effects neighboring properties, along with RHCA easements, the variance that is asked for would be considered a Constitutional “taking” and therefore needs to be negotiated by all parties, not simply requested and approved by the planning commission.
In no way should this letter be considered a final analysis of the 4 Poppy Trail development, and all legal rights and remedies past, present, and future are reserved by The Constant Family and The Constant Family Trust.
In closing, I point all invested parties to the 1966 history of Palos Verdes “Time and the Terraced Land” (Howell North Books Page 126) by Augusta Fink. I highlight this quote to emphasize the foreseeability of disaster. Describing the formation of the Palos Verdes Corporation, Augusta writes:
“A complex of carefully planned streets was constructed off the horseshoeshaped road that served the Vanderlip estate, and 1100 acres of land were opened for homes. A community associaDon was formed to insure the quality of the development and the fashionable Portuguese Bend Club became the nucleus for the new community.
“It was to this community that disaster came in 1956, The landslide which occurred that summer destroyed the club and about one hundred homes.
Residents had pracDcally no warning. On August 29th, a water line ruptured.
Service crews determined an offset of several inches in the pipe line. Then, within a maRer of days, houses started to shiS.
“When told to evacuate their homes, residents couldn’t or wouldn’t believe it.
Great, gaping crevices opened up in living areas and secDons of ceiling fell.
Many residents had to be rescued in the middle of the night. Those who were determined to sDck it out lost everything.
“The property involved, about 225 acres, covers a porDon of an ancient slide mass, which was know to geologists for many years. In the early 1950s, the Los Angeles County Road Department began construcDon of Crenshaw Boulevard, from Pacific Coast Highway, across the Palos Verdes Hills to Palos 282
Verdes Drive South. Construc+on work crossed the slide mass, then dormant.”
Bolded emphasis, mine.
Proceed with extreme caution and humility.
The Constant Family looks forward to any further challenges presented.
Sincerely,
Nikos Constant, Esq.
25 Georgeff Road
213-215-5960
283
1 John Signo
From: John Lacey < >
Sent: Tuesday, September 12, 2023 11:28 AM
To: Planning
Cc: Kathleen Lacey; Roopa Reddy; Allan Stratford
Subject: 4 Poppy Trail
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Planning Commission,
We am sorry that we are unable to aƩend the meeƟng this evening due to a prior commitment. We have previously expressed our concern about the locaƟon of the proposed structure and the amount of soil to be moved for this project. As you know, a land slide that occurred on this slope caused great harm to us and we do not want the proposed project to put us at risk of having this happen again. We understand that the proposed project is a large, 7,200 square foot, house to be built by a developer for sale. We understand that the amount of soil to be moved has been reduced, but we believe that the size of the project could be reduced and so it could be constructed on the exisƟng pad where there is currently a barn. This change may reduce the potenƟal profit on the project, but we believe that it would reduce the risk of another land slide on our street. We never want to live through another year like the one we endured during the Ɵme that our road was buried by the land slide. It put our family, including our three children, at physical risk due to lack of emergency services, it was arduous, and expensive. We implore you not put us at risk of such an event again.
John & Kathleen Lacey
284
1 John Signo
From: Dave Long < >
Sent: Monday, September 11, 2023 9:57 AM
To: John Signo
Subject: RE: Planning Commission Agendas for Tuesday, March 21, 2023 External (d )
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Thanks John,
I will be there at 6:30 pm. A number of Chuckwagon Road residents are very unhappy about the proposed construction. Not sure how many will be there tomorrow. I also spoke with John Lacey who is very unhappy about it too but unable to attend tomorrow’s meeting.
Thanks, Dave Long
DBL Associates
1334 Park View Avenue, Suite 100
Manhattan Beach, CA 90266
(office)
(home office)
www.dblsearch.com
From: John Signo <[email protected]>
Sent: Monday, September 11, 2023 9:40 AM
Subject: Planning Commission Agendas for Tuesday, March 21, 2023 Good morning.
This email is being sent to you because of your involvement with the project at 4 Poppy Trail.
Attached are the Planning Commission agendas for Tuesday, September 12, 2023. The agendas and complete packet are on the City’s website: https://www.rollinghills.org/government/agenda/index.php.
The evening meeting will be in-person at City Hall starting at 6:30 p.m.
Let me know if you have any questions.
Regards,
John F. Signo, AICP
Director of Planning and Community Services
285
2 CITY OF ROLLING HILLS – CITY HALL
2 Portuguese Bend Road, Rolling Hills CA 90274
O: 310.377.1521
286
1 John Signo
From: sharon minkes < >
Sent: Monday, September 11, 2023 5:33 PM
To: John Signo
Subject: Re:
Follow Up Flag: Flag for follow up
Flag Status: Flagged
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Hi John , As brought up by another resident, the lights in the canyon , as they come and go, will be directly in our bedroom and master bath windows. This I find very disturbing ! Thanks for your time. Sharon On Mon, Sep 11, 2023 at 2:11 PM John Signo <[email protected]> wrote:
Hi Sharon,
Thank you for your email. Yes, properties within 1,000 feet of the subject property were mailed notices of the public hearing, including those on Georgeff Road and Reata Lane. The applicant has met with abutting property owners about the project.
Your concerns will be shared with the Planning Commission and we hope you can make it to the meeting.
Regards,
John F. Signo, AICP
Director of Planning and Community Services
City of Rolling Hills
2 Portuguese Bend Road, Rolling Hills CA 90274
310.377.1521
287
2 [email protected]
From: sharon minkes < >
Sent: Monday, September 11, 2023 10:50 AM
To: John Signo <[email protected]>
Subject:
Hi John, my name is Sharon Minkes, we live directly across the canyon from the proposed # 4 Poppy Trail building. My husband had the buyer over a few years ago, to show him how, this plans , would disrupt the beautiful of our canyons. My husband asked if he was planning on living there, and he had no answer. I am just checking to see if the houses directly above are aware of the proposed building, and digging. This is right next to the horrific land slide that closed Poppy Trail to be closed for 2 years. This land is not stable enough for digging a huge pad. We have already watch the compaction of # 2 and 3 poppy trail, for 2 years. We will try to be at the meeting but if not please express our concerns . Thank you, Sharon And Mark Minkes
288
4 Poppy Trail Development
TO: Rolling Hills Planning Commission, Mayor, City Council, City Attorney, RHCA, and Neighbors
FROM: The Constant Family, 25 Georgeff Road
DATE: September 12, 2023
RE: September 12, 2023 Regular Planning Commission Meeting Public Hearing Item 9.A.
ZONING CASE NO. 22-51
I’m writing, in addition to commenting at today’s planning commission meeting, regarding the following concerns and misreading of the CEQA exemption. These comments are in addition to the previous correspondence I have had with the City of Rolling Hills, Developer, and Project Engineers, both in-person, via ZOOM, and via email.
I have had serious concerns about the development of 4 Poppy Trail since it was first announced several years ago. Historically, Georgeff Canyon, where 4 Poppy Trail is located, has seen land movement, accompanied by extensive litigation. Today’s Planning Commission Meeting in regards to approving a CEQA exemption for the project is hasty, ill advised, and in direct violation of CEQA.
While recent litigation over CEQA, as concerns landslides, has favored developers, the current fact pattern, of an existing landslide, known by developer, engineers, and reported to City of Rolling Hills, and neighboring properties, triggers the location exception under CEQA of “unusual circumstances”. 4 Poppy Trail is not a “potential landslide” under the Berkley Hills Watershed Coalition v. City of Berkley ruling. In fact, several lot line adjustments were made by City of Rolling Hills, to accommodate slide issues from previous active slides that were subject to litigation.
The Constant Family is opposed to the project and moving forward with the CEQA exemption approval. This letter, in no way, limits any past, present, or future litigation, rights, or remedies under CEQA or any environmental or safety regulations under State or Federal law. I look forward to any future challenges presented.
Sincerely,
Nikos Constant, Esq.
25 Georgeff Road
289
From: Gregory Becker < >
Sent: Tuesday, September 12, 2023 4:13 PM
To: John Signo <[email protected]>
Cc:
Subject: 4 Poppy Trail
Good afternoon, John,
Dave Long brought tonight’s hearing to my attention. I thought the sticks in the canyon were for a hillside barn associated with Reata Lane properties, not a 7,000 sq ft house in a canyon. In briefly reviewing the agenda pdf, which I have attached, I have several concerns which I do not believe can be properly addressed in such a short period of time. As such, it is my hope that no decision will be rendered tonight so that our neighborhood better understands what is being considered.
At first glance, if the long, wide and windy driveway that is proposed is built, what impact will it have on the ambiance of the rustic setting?
Will lights be shining up and down the canyons after sunset? Will the driveway meet the fire code standards? I understand that these strict standards require extremely wide driveways in order to accommodate emergency service vehicles and their turn around space. With the slope and curves, I presume the width will have to be greater than the minimum standards. The turn around space in and of itself will need to be a large footprint.
Probably substantially larger than the area silhouetted by the sticks.
Will there be grading and drainage engineered into the driveway to protect against erosion and land disturbance?
Will utilities be brough underground or will power lines be installed in this “high fire zone?” You may not be aware that the wind blows up the canyons between Chuckwagon, Bowie and Reata Lane and strengthens as the ravines tighten. All it takes is one dry and windy Santa Ana coupled with a sparking muffler or a downed power line to exacerbate what could be a dangerous fire condition.
With the importance of the issues and the clear possibility of the lack of neighborhood understanding, I believe further inquiry is warranted before approving the project.
The Law Office of Gregory I. Becker
A Professional Corporation
1711 Via El Prado, Suite 103 B
Redondo Beach, CA 90277
WILLS * TRUSTS * PROBATE LAW
Office Phone
Office Fax
Schedule a Meeting
Questionnaire: 290
1 John Signo
From: Gregory Becker <[email protected]>
Sent: Thursday, September 14, 2023 3:40 PM
To: John Signo; Kathryn Bishop
Subject: RE: 4 Poppy Trail
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Hi John,
My concern is the lights from cars that enter the canyon and shine on the backs of the houses and into their living spaces.
The Law Office of Gregory I. Becker
A Professional Corporation
1711 Via El Prado, Suite 103 B
Redondo Beach, CA 90277
WILLS * TRUSTS * PROBATE LAW
(310) 543-1126 Office Phone
(310) 543-1130 Office Fax
Schedule a Meeting
Questionnaire: www.gregorybecker.com/form.html
This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone.
This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any 291
2 state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement.
Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: John Signo <[email protected]>
Sent: Thursday, September 14, 2023 3:30 PM
To: Gregory Becker <[email protected]>; Kathryn Bishop <[email protected]> Subject: RE: 4 Poppy Trail
Hi Gregory,
The City’s lighƟng requirements are found in RHMC SecƟon 17.16.190.E found here:
hƩps://library.municode.com/ca/rolling_hills/codes/code_of_ordinances?nodeId=TIT17ZO_CH17.16REAGBUZO_17.16.1 90ADREDEST
Best,
John F. Signo, AICP
Director of Planning and Community Services
City of Rolling Hills
2 Portuguese Bend Road, Rolling Hills CA 90274
310.377.1521
[email protected]
From: Gregory Becker <[email protected]>
Sent: Thursday, September 14, 2023 10:30 AM
To: Kathryn Bishop <[email protected]>
Cc: John Signo <[email protected]>
Subject: RE: 4 Poppy Trail
Thanks Kathryn.
The Law Office of Gregory I. Becker
A Professional Corporation
1711 Via El Prado, Suite 103 B
Redondo Beach, CA 90277
WILLS * TRUSTS * PROBATE LAW
(310) 543-1126 Office Phone
(310) 543-1130 Office Fax
Schedule a Meeting
Questionnaire: www.gregorybecker.com/form.html
292
3 This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone.
This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement.
Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Kathryn Bishop <[email protected]>
Sent: Thursday, September 14, 2023 10:29 AM
To: Gregory Becker <[email protected]>
Cc: John Signo <[email protected]>
Subject: RE: 4 Poppy Trail
I think there may be some confusion and I am looping in John from the city.
The RHCA does review lighƟng plans for the locaƟons and fixture design on a property to make sure it complies with RHCA Building RegulaƟons, aƩached. While we have specific regulaƟons on lighƟng on structures and garden lighƟng, I have never dealt with vehicle lighƟng impact on adjoining properƟes and wonder if this is something addressed in the City’s lighƟng ordinance. John can you help clarify this? Kathryn Bishop, Architectural Inspector
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90274
www.RHCA.org
310-544-6222
From: Gregory Becker <[email protected]>
Sent: Thursday, September 14, 2023 9:55 AM
To: Kathryn Bishop <[email protected]>
Subject: RE: 4 Poppy Trail
During the meeƟng commissioner Kirkpatrick menƟoned that the HOA would deal with the lighƟng issue that I raised. I heard nothing about hedges or a deed restricƟon requiring growth and permiƫng entry to enforce the restricƟon. 293
4 Again, my concern is cars driving up the driveway shine lights up at the houses along the canyon. I would like to think that with aƩenƟon to this issue early on, something can be done to prevent or address this issue.
The Law Office of Gregory I. Becker
A Professional Corporation
1711 Via El Prado, Suite 103 B
Redondo Beach, CA 90277
WILLS * TRUSTS * PROBATE LAW
(310) 543-1126 Office Phone
(310) 543-1130 Office Fax
Schedule a Meeting
Questionnaire: www.gregorybecker.com/form.html
This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone.
This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement.
Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Kathryn Bishop <[email protected]>
Sent: Thursday, September 14, 2023 9:21 AM
To: Gregory Becker <[email protected]>
Subject: RE: 4 Poppy Trail
Good morning Greg‐
Your concern should be addressed by the City because access is mainly a city issue. Was there any condiƟon, like requiring hedging or trees block the vehicle lights, included in the resoluƟon of approval? If plans were unanimously approved by the Commission, the applicant can submit for RHCA approval. We review plans for aestheƟcs of the structures.
Thanks!
294
5 Kathryn Bishop, Architectural Inspector
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90274
www.RHCA.org
310-544-6222
From: Gregory Becker <[email protected]>
Sent: Thursday, September 14, 2023 9:00 AM
To: Kathryn Bishop <[email protected]>
Subject: 4 Poppy Trail
Hi Kathryn,
I was at the 4 Poppy Trail planning commission meeƟng. It was approved. It now goes to HOA and City Council. Which goes first?
My concern is the lights from cars driving up and down the driveway at night.
The Law Office of Gregory I. Becker
A Professional Corporation
1711 Via El Prado, Suite 103 B
Redondo Beach, CA 90277
WILLS * TRUSTS * PROBATE LAW
(310) 543-1126 Office Phone
(310) 543-1130 Office Fax
Schedule a Meeting
Questionnaire: www.gregorybecker.com/form.html
This e-mail may be privileged and confidential attorney-client communication and is intended only for the use of the addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail message in error, please delete it from your system without copying it, and immediately notify the sender by replying to this message or by telephone.
This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel or create an attorney-client relationship with the firm or me, unless the recipient already has an attorney-client relationship with the firm or me; or (2) contain my electronic signature (the typewritten signature included in this e-mail is not an “electronic signature” within the meaning of Electronic Signatures in Global and National Commerce Act (or any other law of similar import, including and without limitation, the Uniform Electronic Transactions Act, as the same may be enacted in any state). Statements made in this e-mail are not binding unless and until mutually satisfactory agreements memorializing the subject matter of the transmission are executed by hand and are exchanged between the parties to the agreement. 295
6 Although this e-mail (including attachments) is believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free, and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. ________________________________________________________ IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 296
From: Nikos Constant >
Sent: Monday, October 23, 2023 8:33 AM
To: John Signo <[email protected]>
Subject: Re: City Council Agenda for Monday, October 23, 2023 Thanks John,
Please add the following comment, in case I’m not able to attend tonight’s meeting.
To: Rolling Hills City Council, Mayor, and to whom it may concern:
The Constant Family is still gravely concerned about the seismic, structural, and soils engineering proposed for the development of 4 Poppy Trail (along with all other concerns and reserved rights previously made to the Planning Department). Again, we see no engineering documents in the public record to allay our concerns. As we stated in our first letter to the Planning Department, included in tonight’s agenda packet:
“Proceed with extreme caution and humility.”
Sincerely,
Nikos Constant, Esq.
297
9/1/2023 10:51 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA
1.1 ARVIDSON RESIDENCE
4 POPPY TRAIL LANE , CALIFORNIA
298
MAIN FLOOR PLAN
18" 1'-0"
DN DN DN DN UP UP
MASTER
BEDROOM
MASTER
BATHROOM
DRESSING
BEDROOM-3
BEDROOM-2
BEDROOM-1
BATH-1
BATH-2
CLO.1
CLO.2
CLO.
AREA CALCULATION:
RESIDENCE : 6928 S4.FT.
GARAGE : 1162 S4.FT.
COVERED PORCH
DINING LIVING
ENTRY
GARAGE F.P.
KITCHEN
TRASH
GALLERY
CLO.
ELEV. F.P.
PDR. DN CLO.
FOOD
BUTLER
POOL
BATH F.P. BENCH
DEN
BATH-3
GREAT ROOM T.V.
UP BENCH DN 2 E4. R #5" EA. FRZ. REF. O. UP
DN
FF 892.54'
FF 891.00'
FF 894.49'
FF 893.66'
FF 892.25'
FF 892.41'
FF 892.54'
FF 893.79'
FF 893.54'
FF 892.54'
FF 894.20'
FF 892.54'
FF 892.54' FF 892.54'
FF 893.37'
FF 892.54'
FF 895.45' DN
LIN.
12" LOW PLANTER WALLS
POTENTIAL DOOR STORAGE
STORAGE STORAGE
ENTRY PORCH
XS LIGHTWELL LIGHTWELL LIGHTWELL LIGHTWELL
8'-912" 27'-0" 5'-7" 14'-1" 5'-0" 2'-8"
14'-8" 35'-0" 25'-1" 52'-812" 25'-1"
6'-6" 13'-6" 21'-10" 19'-1" 13'-8" 16'-11" 20'-6" 3'-612" 7'-1012" 15'-6" 23'-4 116" 16'-6" 19'-7" 5'-6" 14'-4"
5'-318"
49'-8" 25'-1"
165'-8"
115'-612"
165'-818" 94'-10"
16'-8" 3'-0" 8'-112" 9/1/2023 10:51 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA
2.1 JOB NORTH
299
ELEV. UP
BATH-8 BEDROOM-8
PDR.
STORAGE UNDER STAIR
LOUNGE
THEATER
WINE
MECH 2
BEDROOM-7
LAUNDRY
CHUTED W
BAR
STO. CLO.
CRAFT ROOM
XS
BASEMENT PLAN LIGHTWELL
BEDROOM-6
BEDROOM-5 CLO.CLO.
CLO.
CLO.
DN DN
MECH 1
STO.
STO.
EXERCISE
SPA
JACUZZI
DRY SAUNA WET SAUNA
TREATMENT
ROOM
BATH-7
BATH-6
BATH-5
BATH-4 LIGHTWELL
BILLIARD OPTIONAL STAIRS TO POOL SCREEN
CONCEALED
DOOR FIRE ACCESS PATH ABOVE
OPTIONAL DOOR
TO POOL LIGHTWELL FIRE ACCESS PATH ABOVE LIGHTWELL FIRE ACCESS PATH ABOVE LIGHTWELL LIGHTWELL SITE PLANTER SITE PLANTER SITE PLANTER FIRE ACCESS PATH ABOVE SITE PLANTER 18" 1'-0" 9/1/2023 10:51 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA
2.2 JOB NORTH
300
CHIMNEY VALLEY
GABLE RIDGE
GABLE
VALLEY RIDGE
RIDGE
PITCH
BREAK
PITCH
BREAK 2:12 2:12
GABLE
VALLEY RIDGE GABLE VALLEY VALLEY
GABLE RIDGE GABLE VALLEY 5:12
5:12
WALL BETWEEN ROOFS
10'-6"
PL
10'-6"
PL
8'-6"
PL
8'-6"
PL
8'-6"
PL
10'-3"
PL
9'-6"
PL
12'-4"
PL
10'-6"
PL
8'-6"
PL 8'-6" PL 8'-6" PL 8'-11" PL 8'-7" PL
8'-6"
PL
PITCH
STANDING SEAM COPPER ROOF
BREAK
STANDING SEAM COPPER ROOF
CUPOLA CHIMNEY
4:12
CUPOLA
TRELLIS CHIMNEY 5:12 5:12 5:12 5:12 5:12 5:12 5:12
5:12
5:12 5:12
5:12 5:12 5:12 5:12
5:12 5:12
5:12
RIDGE
RIDGE 908.42
907.46 909.50 909.50
914.83 RIDGE 908.82 909.17 910.25
RIDGE 907.925:12 5:12
1'-6"
TYP.
3'-0"
TYP.
3'-0"
2'-0" 3'-0"
2'-6" 3'-0"
ROOF PLAN
18" 1'-0" 9/1/2023 10:51 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA
3.1 JOB NORTH
301
8'-6"
PL @BEDROOM-1
FF 893.54 8'-6"
PL @GARAGE
SOUTH ELEVATION
1/8" = 1'-0"
FF 895.45
F.G. 8'-6"
PL @GALLERY
FF 893.79
FF 892.54 10'-6"
PL @KITCHEN
FF 893.66 9'-10"
PL @ENTRY
FF 893.79 N S N S
1X4 VERTICAL
SIDING 14'-11"
RIDGE 907.46
RIDGE 908.42 13'-9"
RIDGE 909.5015'-9"21'-3"
RIDGE 914.83 15'-2"
RIDGE 908.82 15'-9"
FG 894.50
RIDGE 910.25
STONE VENEER BASE
GABLE VENT (TYP.)
TRUSS PER DET.
CUPOLA
GARAGE O/H DOOR
PER DET.
FF 892.54 10'-3"
FG 891.00
PL @ MAST
NORTH ELEVATION
1/8" = 1'-0"
STEPS TO PATIO
F.G.
CHIMNEY 10'-6"
PL @GREAT RM 8'-6"
FF 893.54
PL @GARAGE S 9'-6"
PL @ PORCH
PL @
MAST. BATH 12'-4"
PL @DEN N CUPOLA N 11'-9" S 13'-11"
FG 893.40
RIDGE 907.46
FG 891.00 18'-6"
RIDGE 909.50 17'-5"
RIDGE 908.42 23'-10"
RIDGE 914.83 18'-2"
RIDGE 909.17
CLASS "A"
SHINGLE ROOF
1X8 HORIZONTAL SIDING
BUILT-UP POST (TYP.)
EAST ELEVATION
1/8" = 1'-0" 10'-6"
STONE VENEER 10'-3"
FF 892.54
PL @DEN
PL @MAST &PORCH
FF 891.00
FG 894.50 8'-6"
PL @BEDROOM-1
FF 895.45
FG 893.548'-6"
PL @GARAGE 13'-9"
RIDGE 907.46
RIDGE 908.42 20'-5"
RIDGE 914.83 15'-9"
RIDGE 910.25 15'-9"
RIDGE 909.50 18'-2"
RIDGE 909.17 4'-9" 4'-2"7'-0" 1'-7" 14'-11"
TRELLIS PER PLAN
CLASS "A"
SHINGLE ROOF
:EST ELEVATION
1/8" = 1'-0"
FF 892.54 10'-3"
FG 891.00
FF 895.45
PL @MAST
PL @BEDROOM-18'-6"
PL @ BED 2 8'-11"
PL @ MAST. BATH
PL @ BED 3
PL @ DRESSING 8'-6" 8'-6"
FF 894.20 9'-4"
FF 893.37 18'-2"
RIDGE 909.17 23'-10"
RIDGE 914.83 16'-11"
FG 894.50
RIDGE 910.25 14'-11"
FG 893.00
RIDGE 907.92
1X8 HORIZONTAL SIDING
COPPER SEAM
ROOF PER DET.
GABLE VENT (TYP.) 9/1/2023 10:51 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA
4.1 302
7567-014-010
7567-001-0177567-001-0167567-001-0187567-001-0137567-006-0277567-006-028 7567-006-026
7567-014-028
7567-014-027
7567-015-007
7567-014-026
1 ID No. Address/APN
2345679
10 11
8 1213
14 151617181920212223
7567-001-008#2 POPPY TRAIL#7 POPPY TRAIL#3 POPPY TRAIL#38 CHUCKWAGON#9 REATA LANE#0 POPPY TRAIL#1 POPPY TRAIL7567-006-024#44 CHUCKWAGON7567-006-025VACANT LAND#40 CHUCKWAGON#36 CHUCKWAGON7567-014-025#8 REATA LANE#7 REATA LANE #5 REATA LANE
#3 REATA LANE7567-014-024#6 REATA LANE7567-014-023#2 REATA LANE7567-014-022#23 GEORGEFF ROAD#22 GEORGEFF ROAD7567-014-021#25 GEORGEFF ROAD7567-014-018#24 GEORGEFF ROAD7567-014-012#26 GEORGEFF ROAD7567-014-019#27 GEORGEFF ROAD 24 7567-014-013
VACANT LAND
2526 7569-007-002 24 PORTUGUESE BEND RD
7569-007-003
26 PORTUGUESE BEND RD
27 7567-014-017 VACANT LOT
ID No. Address/APN
N72°45'18"W
89.84'
S35°24'10"W
106.06'
N17°35'20"W
204.11'
34.79'
S22°47'47"E
96.86'
S21°36'25"E
183.79'
S42°09'50"W
430.68'
S22°47'47"E
129.97'
249.73' N64°57'08"W
N17°35'20"W
660.00'
174.38' S84°11'15"E
N41°05'00"E
98.40' S79°11'45"E
86.33'
N17°35'20"W
5 0.000
6 0.000
10 0.000
DIRT
DIRT
DIRT
DIRT
10006
787.33
10027
960.97
POOL
ASPH
ASPH
DIRT
DIRT
DIRT
DIRT
DIRT
ASPH
DIRT
ASPH
DIRT
ASPH
ASPH
10006
787.33
895
910
915
920
905
900
915
920
910
880
875
870
865
860
855
850
845
840
835
830
885
890
820
815
810
805
800
795
790
825
805
830
820
815
810
800
795
825
895
885
890
865
870
880
860
875
840
835
845
850
855
900
905
885
890
880
895
870
875
860
865
830
835
840
845
850
855
815
820
825
880
885
870
875
865
860
840
845
850
855
890
895
840
845
885
880
875
870
865
860
830
835
820
825
850
855
840
845
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
805
810
815
830
835
820
825
850
855
840
845
885
880
875
870
865
860
805
810
885
800
795
805
810815
830
835
820
825
850
855
840
845
880
875
870
865
860
865
860
855
870
845
815
810
825
840
835
830
875
850
865
855
860
870
820
790
795
800
795
790
780
775
770
765
760
780
775
770
765
780
775
770
780
775
785
785
785
785
800
790
795
805
785
780
790
785
785
790
795
800
795
805
810
795
800
800 795
805
810
815
800
820
810
815 810
815
815
820
825
830
890
895
900
825 830
835
840
845
850
820
855
860
870
875
880
865
885
820
815
840
825
830
835
810
880
875
865
870
825
830
835
840
845
850
855
860
885
890
915
920
925
905
890
900
895
910
880
875
870
885
985
990
995
930
935
925
965
980
970
975
945
940
955
950
960
890
895
900
905
910
915
920
925
940
935
930
945
950
925
890
885
895
900
830
835
825
850
855
840
845
880
875
870
865
860
910
905
915
920
835
900
905
910
915
890
885
895
850
855
840
845
880
875
870
865
860
920
925
930
935
900
905
910
915
890
885
895
880
875
870
865
865
855
850
835
840
845
860
825
830
850
855
835
840
845
860
830
865
870
890
895
880
875
885
850
855
840
845
860
865
870
890
895
900
905
910
915
920
925
880
875
885
850
855
860
865
870
865
855
860
875880
885
890
855
870
865
860
890
895
900
905
910
915
880
875
885
865
860
870
875
865
860
870
855
880
885
875
865
885
890
945
950
955
920
925
930
935
940
995
1000
1005
965
970
985
990
945
950
955
930
935
940
960
975
980
990
1025
1030
965
970
955
975
960
980
1000
995
985
1020
1015
1005
980
985
990
995
1000
1005
1010
1015
1020
970
965
960
975
975 960
970
965
980
975
990
980
940
935
930
945
950
955
940
945
950
950
925
955
945
940
935
930
920
920
925
930
900
905
910
915
890
895
885
880
930
S79° 12' 28"W
84.80'
S42° 07' 10"W
56.00'
L=138.68', R=102.49' =77
31' 30"
L=62.39', R=100.00'
=35 44' 49"
L=42.21', R=80.00'
=30 13' 50"
N84° 49' 55"E
42.93'
L=42.21', R=80.00'
=30 13' 51"
N42° 07' 10"E
103.60'
S22° 50' 27"E
159.94'
S74° 48' 32"W
74.26'
S16° 14' 05"E
84.84'
S47° 05' 10"E
70.86'
L=80.61', R=30.0 '
=153
57' 40"
L=17.24', R=30.0
0'
=32
5 ' 0
6" N16° 14' 05"W 99.54'
N33° 38' 35"W
108.12'
N80° 51' 24"W
38.48'
N57° 03' 32"W
51.79'
30 30 60
30 FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
C0.0
4 POPPY TRAIL
ROLLING HILLS, CA 90274
INDEX OF SHEETS:
OVERALL SITE PLANSCALE: 1" = 30'
VICINITY MAP SCALE: 1" = 500'
VICINITY MAP ADDRESSES
LEGEND
ACRONYMS
PARCEL 1
PARCEL 3
PARCEL 4
PARCEL 4
PARCEL 5
PARCEL 6
LEGAL DESCRIPTION
C0.0 OVERALL SITE PLANC0.1 EXISTING SITE CONDITIONSC1.0 PROPOSED SITE PLANC1.1 SECTIONSC1.2 SECTIONS (cont'd)C2.0 CIVIL DETAILSCM COLOR SITE MAPCN CUT FILL COLOR MAP GARAGE
RESIDENCE
450' 620'
650'
650'
425'
655'
Pool in Front Yard
Soil Export
303
LOT 21 TRACT 19040
PORTION OF LOT 22
TRACT 19040
PORTION OF LOTS 9, 17
AND 22 TRACT 19040
AND PORTION OF LOT 34
LACA MAP 51
PORTION OF LOT 9 AND LOT 17
TRACT 19040
POPPY TRIAL
PORTION LOT 191
POPPY TRIAL L.A.C.A. MAP No. 51
TRACT 19040
RACT 19040
55'
5 0.000
6 0.000
10 0.000
DIRT
DIRT
DIRT
DIRT
10006
787.33
10027 960.97
POOL
ASPH
ASPH
BRUSH
BRUSH
BRUSH
DIRT
799.6
882.3
784.6
783.8
784.4
956.8
956.2
956.5
957.4
957.4
957.3
956.8
BRUSH
DIRT
DIRT
BRUSH
785.9
785.2
785.9
785.9
799.0
799.1
892.3
891.6
DIRT
DIRT
909.8
790.2
784.5
784.2
783.1
784.8
784.5
785.7
803.6
801.4
803.8
805.3
799.9
ASPH
788.6
DIRT
BRUSH
881.9
881.9
814.1
816.3
ASPH
BRUSH
BRUSH
DIRT
ASPH
847.2
BRUSH
957.3
956.8
ASPH
914.5
877.1
10006
787.33
895
910
915
920
905
900
915
920
910
880
875
870
865
860
855
850
845
840
835
830
885
890
820
815
810
805
800
795
790
825
805
830
820
815
810
800
795
825
895
885
890
865
870
880
860
875
840
835
845
850
855
900
905
885
890
880
895
870
875
860
865
830
835
840
845
850
855
815
820
825
880
885
870
875
865
860
840
845
850
855
890
895
890
895
900
905
870
875
880
885
860
865
845
850
855
840
845
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
950
955
830
835
820
825
850
855
840
845
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
950
955
960
805
810
815
830
835
820
825
850
855
840
845
885
880
875
870
865
860
805
810
885
800
795
805
810815
830
835
820
825
850
855
840
845
880
875
870
865
860
865
855
860
870
845
815
810
825
840
835
830
875
850
865
855
860
870
820
790
795
800
795
790
780
775
770
765
760
780
775
770
765
780
775
770
780
775
785
785
785
785
800
790
795
805
785
780
790
785
785
790
795
800
795
805
810
795
800
800 795
805
810
815
800
820
810
815 810
815
815
820
825
830
885
880
875
895
890
900
890
895
900
905
825
830
835
840
845
850
820
855
860
870
875
880
865
885
820
815
840
825
830
835
810
880
875
865
870
825
830
835
840
845
850
855
860
885
890
915
920
925
905
890
900
895
910
880
875
870
885
965
970
975
980
1015
985
990
995
1010
1005
1000
930
935
925
965
980
970
975
945
940
955
950
960
890
895
900
905
910
915
920
925
940
935
930
945
950
955
960
925
890
885
895
900
830
835
825
850
855
840
845
880
875
870
865
860
910
905
915
920
835
900
905
910
915
890
885
895
850
855
840
845
880
875
870
865
860
920
925
930
935
900
905
910
915
890
885
895
880
875
870
865
865
855
850
835
840
845
860
825
830
850
855
835
840
845
860
830
865
870
890
895
880
875
885
850
855
840
845
860
865
870
890
895
900
905
910
915
920
925
880
875
885
850
855
860
865
870
865
855
860
875
880
885
890
855
870
865
860
890
895
900
905
910
915
920
880
875
885
865
860
870
875
865
860
870
855
880
885
875
870
870
865
885
890
945
950
955
920
925
930
935
940
995
1000
1005
965
970
985
990
945
950
955
930
935
940
960
975
980
990
1025
1030
965
970
955
975
960
980
1000
995
985
1020
1015
1005
1040
980
985
990
995
1000
1005
1010
1015
1020
1025
1030
1035
970
965
960
975
975
985
990
995
1000
1005
960
970
965
980
975
1005
1010
990
1000
995
980
940
935
930
945
950
955
940
945
950
950
925
955
945
940
935
930
920
920
925
930
900
905
910
915
890
895
885
880
930
S79° 12' 28"W
84.80'
S42° 07' 10"W
56.00'
PARCEL 2 EASEMENT PER TITLE REPORT
PARCEL 6 EASEMENT PER TITLE REPORT
PARCEL 4 EASEMENT PER TITLE REPORT
PARCEL 4 EASEMENT PER TITLE REPORT
L=138.68', R=102.49' =77
31' 30"
L=62.39', R=100.00'
=35 44' 49"
L=42.21', R=80.00'
=30 13' 50"
N84° 49' 55"E
42.93'
L=42.21', R=80.00'
=30 13' 51"
N42° 07' 10"E
103.60'
S22° 50' 27"E
159.94'
S74° 48' 32"W
74.26'
S16° 14' 05"E
84.84'
S47° 05' 10"E
70.86'
L=80.61', R=30.0 '
=153
57' 40"
L=17.24', R=30.0
0'
=32
5 ' 0
6" N16° 14' 05"W 99.54'
N33° 38' 35"W
108.12'
N80° 51' 24"W
38.48'
N57° 03' 32"W
51.79'
30 30 60
30 FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
C0.1
EXISTING SITE CONDITIONSSCALE: 1" = 30'
LEGEND ACRONYMS
PARCEL 3
PARCEL 4
PARCEL 4
PARCEL 5
PARCEL 6
IA NR
FO
OF
CALI
ETATS
LS 8958
EXP 9/30/24
LICENSED
L
A
N
D
SURVEYO
B
R
RIAN G.
O'NEILL
304
N72°45'18"W
89.84'
S35°24'10"W
106.06'
N17°35'20"W
204.11'
34.79'
S22°47'47"E
96.86'
S21°36'25"E
183.79'
S42°09'50"W
430.68'
S22°47'47"E
129.97'
40 T A PART
249.73' N64°57'08"W
N17°35'20"W
660.00'
N41°05'00"E
98.40' S79°11'45"E
86.33'
N17°35'20"W
5 0.000
6 0.000
10 0.000
DIRT
DIRT
DIRT
10006
787.33
10027 960.97
ASPH
784.6
783.8
784.4
956.8
956.2
956.5
957.4
957.4
957.3
956.8
785.9
785.9
790.2
784.5
784.2
783.1
784.8
785.7
803.6
801.4
805.3
ASPH
788.6
DIRT
814.1
816.3
ASPH
DIRT
ASPH
847.2
957.3
956.8
ASPH
10006
787.33
805
830
820
815
810
800
795
825
835
830
835
815
820
825
885
880
830
835
820
825
850
855
840
845
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
805
810
815
830
835
820
825
850
855
840
845
885
880
875
870
865
860
805
810
885
800
795
805
810
815
830
835
820
825
850
855
840
845
880
875
870
865
860
795
790
780
775
770
780
775
785
800
790
795
805
785
780
790
785
785
790
795
800
795
805
810
795
800
800 795
805
810
815
800
820
810
815 810
815
815
820
825
830
825
830
835
840
845
850
820
855
860
820
815
840
825
830
835
810
825
830
835
840
845
850
855
985
990
995
930
935
925
965
980
970
975
945
940
955
950
960
890
895
900
905
910
915
920
925
940
935
930
945
950
925
890
885
895
900
830
835
825
850
855
840
845
880
875
870
865
860
910
905
915
920
835
900
905
910
915
890
885
895
850
855
840
845
880
875
870
865
860
920
925
930
935
900
905
910
915
890
885
895
880
875
870
865
865
855
850
835 840
845
860
825
830
850
855
835
840
845
860
830
865
870
880
875
885
850
855
840
845
860
865
870
880
875
850
855
860
865
870
865
855
860
875
880
885
890
855
870
865
860
955
960
970
965
960
975 960
970
965
980
975
980
940
935
930
945
950
955
940
945
950
950
925
955
945
940
935
930
920
920
925
930
900
905
910
915
890
895
885
880
S79° 12' 28"W
84.80'
S42° 07' 10"W
56.00'
L=138.68', R=102.49'
=77
31' 30"
L=62.39', R=100.00' =35 44' 49"
L=42.21', R=80.00'
=30 13' 50"
N84° 49' 55"E
42.93'
L=42.21', R=80.00'
=30 13' 51"
N42° 07' 10"E
103.60'
S22° 50' 27"E
159.94'
S74° 48' 32"W
74.26'
S16° 14' 05"E
84.84'
N16° 14' 05"W
99.54'
N33° 38' 35"W
108.12'
20 20 40
20 FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
C1.0
PROPOSED SITE CONDITIONSSCALE: 1" = 20'
LEGEND
ACRONYMS
TYP. RETAINING WALL 1 TYP. RETAINING WALL
2 TYP. RETAINING WALL
3 1
1 2
2 3
3 3
GARAGE
WALL HEIGHT COMPUTATION
RESIDENCE
WALL A
WALL B
WALL C
WALL E
WALL E
WALL G
WALL G
WALL A
WALL E
WALL A
EARTHWORK ESTIMATE
1 WALL F
305
SECTIONS LEGEND
FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
SECTION A-A C1.1SCALE: 1" = 10'
SECTION B-BSCALE: 1" = 10'
SECTION C-CSCALE: 1" = 10'
306
SECTIONS LEGEND
FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
SECTION D-D C1.2SCALE: 1" = 10'
DRIVEWAY PROFILE
SCALE: 1" = 30'
307
FTBSV CONFIGURATION
(OPTIONS: BASIN "-B", GREEN INFR. INLET "-I", PIPE INLET "-P", SLOTTED THROAT INLET "-T") MEDIA
BAY SIZE
VAULT SIZE
(L x W)
LONG SIDE INLET
DESIGNATION
SHORT SIDE INLET
DESIGNATION AVAILABILITY OUTLET PIPE DIA MIN. NO. OF INLET PIPES (-P ONLY) 4 x 4 4 x 4 FTBSV0404 FTBSV0404 ALL 4" SDR 35 1
6 x 4 6 x 4 FTBSV0604 FTBSV0406 N/A CA 4" SDR 35 1
6.5 x 4 6.5 x 4 FTBSV06504 FTBSV04065 CA ONLY 4" SDR 35 1
7.83 x 4.5 7.83 x 4.5 FTBSV078045 FTBSV045078 DE,MD,NJ,PA,VA.WV ONLY 4" SDR 35 1 8 x 4 8 x 4 FTBSV0804 FTBSV0408 N/A DE,MD,NJ,PA,VA,WV 4" SDR 35 16 x 6 6 x 6 FTBSV0606 FTBSV0606 ALL 4" SDR 35 18 x 6 8 x 6 FTBSV0806 FTBSV0608 ALL 4" SDR 35 1 10 x 6 10 x 6 FTBSV1006 FTBSV0610 ALL 6" SDR 35 212 x 6 12 x 6 FTBSV1206 FTBSV0612 ALL 6" SDR 35 213 x 7 13 x 7 FTBSV1307 FTBSV0713 ALL 6" SDR 35 214 x 8 14 x 8 FTBSV1408 N/A ALL 6" SDR 35 316 x 8 16 x 8 FTBSV1608 N/A N/A OR,WA 6" SDR 35 315 x 9 15 x 9 FTBSV1509 N/A OR,WA ONLY 6" SDR 35 318 x 8 18 x 8 FTBSV1808 N/A CALL CONTECH 6" SDR 35 3 20 x 8 20 x 8 FTBSV2008 N/A CALL CONTECH 6" SDR 35 422 x 8 22 x 8 FTBSV2208 N/A CALL CONTECH 6" SDR 35 4 UTILIZES (2) CURB OPENINGS WITH MIN 1' SPACING N/A = NOT AVAILABLE SDR 35 OUTLET COUPLING CAST
INTO PRECAST VAULT WALL
(OUTLET PIPE LOCATION MAY VARY) ** * CURB AND GUTTER (NOT BY CONTECH) SEE FILTERRA BIOSCAPE VAULT CURB INLET DETAIL SHEET 18" GI INLET (CAST-IN) ENERGY DISSIPATION ROCKS PLANT PROVIDED BY CONTECH
SECTION A-A
GREEN INFRASTRUCTURE INLET - TOP FLUSH WITH TOP OF
CURB, NOT INTENDED FOR SIDEWALK APPLICATIONS
PLAN VIEW
SHORT SIDE INLET
4' CURB INLET (MAX)
REFER TO OTHERDETAILS FOR
ALTERNATE INLETS
INLET SHAPING
(NOT BY CONTECH)
CURB(NOT BY CONTECH)
UNDERDRAIN FLOWKIT
TYPE A2-8 (Modified) MOW CURB
TYPE A1-6 (Modified)
FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
C2.0
308
N72°45'18"W
89.84'
S35°24'10"W
106.06'
N17°35'20"W
204.11'
34.79'
S22°47'47"E
96.86'
S21°36'25"E
183.79'
S42°09'50"W
430.68'
S22°47'47"E
129.97'
249.73' N64°57'08"W
N17°35'20"W
660.00'
174.38' S84°11'15"E
N41°05'00"E
98.40' S79°11'45"E
86.33'
N17°35'20"W
5 0.000
6 0.000
10 0.000
DIRT
DIRT
DIRT
DIRT
10006
787.33
10027
960.97
POOL
ASPH
ASPH
DIRT
DIRT
DIRT
DIRT
DIRT
ASPH
DIRT
ASPH
DIRT
ASPH
ASPH
10006
787.33
895
910
915
920
905
900
915
920
910
880
875
870
865
860
855
850
845
840
835
830
885
890
820
815
810
805
800
795
790
825
805
830
820
815
810
800
795
825
895
885
890
865
870
880
860
875
840
835
845
850
855
900
905
885
890
880
895
870
875
860
865
830
835
840
845
850
855
815
820
825
880
885
870
875
865
860
840
845
850
855
890
895
840
845
885
880
875
870
865
860
830
835
820
825
850
855
840
845
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
805
810
815
830
835
820
825
850
855
840
845
885
880
875
870
865
860
805
810
885
800
795
805
810815
830
835
820
825
850
855
840
845
880
875
870
865
860
865
860
855
870
845
815
810
825
840
835
830
875
850
865
855
860
870
820
790
795
800
795
790
780
775
770
765
760
780
775
770
765
780
775
770
780
775
785
785
785
785
800
790
795
805
785
780
790
785
785
790
795
800
795
805
810
795
800
800 795
805
810
815
800
820
810
815 810
815
815
820
825
830
890
895
900
825 830
835
840
845
850
820
855
860
870
875
880
865
885
820
815
840
825
830
835
810
880
875
865
870
825
830
835
840
845
850
855
860
885
890
915
920
925
905
890
900
895
910
880
875
870
885
985
990
995
930
935
925
965
980
970
975
945
940
955
950
960
890
895
900
905
910
915
920
925
940
935
930
945
950
925
890
885
895
900
830
835
825
850
855
840
845
880
875
870
865
860
910
905
915
920
835
900
905
910
915
890
885
895
850
855
840
845
880
875
870
865
860
920
925
930
935
900
905
910
915
890
885
895
880
875
870
865
865
855
850
835
840
845
860
825
830
850
855
835
840
845
860
830
865
870
890
895
880
875
885
850
855
840
845
860
865
870
890
895
900
905
910
915
920
925
880
875
885
850
855
860
865
870
865
855
860
875880
885
890
855
870
865
860
890
895
900
905
910
915
880
875
885
865
860
870
875
865
860
870
855
880
885
875
865
885
890
945
950
955
920
925
930
935
940
995
1000
1005
965
970
985
990
945
950
955
930
935
940
960
975
980
990
1025
1030
965
970
955
975
960
980
1000
995
985
1020
1015
1005
980
985
990
995
1000
1005
1010
1015
1020
970
965
960
975
975 960
970
965
980
975
990
980
940
935
930
945
950
955
940
945
950
950
925
955
945
940
935
930
920
920
925
930
900
905
910
915
890
895
885
880
930
S79° 12' 28"W
84.80'
S42° 07' 10"W
56.00'
L=138.68', R=102.49' =77
31' 30"
L=62.39', R=100.00'
=35 44' 49"
L=42.21', R=80.00'
=30 13' 50"
N84° 49' 55"E
42.93'
L=42.21', R=80.00'
=30 13' 51"
N42° 07' 10"E
103.60'
S22° 50' 27"E
159.94'
S74° 48' 32"W
74.26'
S16° 14' 05"E
84.84'
S47° 05' 10"E
70.86'
L=80.61', R=30.0 '
=153
57' 40"
L=17.24', R=30.0
0'
=32
5 ' 0
6" N16° 14' 05"W 99.54'
N33° 38' 35"W
108.12'
N80° 51' 24"W
38.48'
N57° 03' 32"W
51.79'
30 30 60
30 FOR PLANNING PURPOSES ONLY
ENGINEERING CORP.
CN
4 POPPY TRAIL
ROLLING HILLS, CA 90274
CUT/FILL COLOR MAPSCALE: 1" = 30'
LEGEND
ACRONYMS
PARCEL 1
PARCEL 3
PARCEL 4
PARCEL 4
PARCEL 5
PARCEL 6
CUT/FILL LEGEND
GARAGE
RESIDENCE
309
N72°45'18"W
89.84'
S35°24'10"W
106.06' N17°35'20"W 204.11'
34.79'
N84°52'35"E
40.00'
S22°47'47"E
96.86'
S21°36'25"E
183.79'
S42°09'50"W
430.68'
S22°47'47"E
129.97'
249.73' N64°57'08"W N17°35'20"W 660.00'
N41°05'00"E
98.40' S79°11'45"E
86.33'
N17°35'20"W
5 0.000
6 0.000
10 0.000
DIRT
DIRT
DIRT
10006
787.33
10027
960.97
ASPH
ASPH
CONC
PIPE
ASPH ASPH
DIRT
ASPH
CONC
ASPH
POOL
PIPE
10006
787.33
835
830
805
800
795
790
825
805
830
820
815
810
800
795
825
885
890
865
870
880
860
875
840
835
845
850
855
885
890
880
895
870
875
860
865
830
835
840
845
850
855
815
820
825
865
860
840
845
850
855
845
850
855
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
950
955
850
855
960
965
970
975
980
985
990
995
1000
840
845
885
880
875
870
865
860
890
895
900
905
910
915
920
940
935
930
925
945
950
955
960
965
970
975
980
985
990
995
830
835
820
825
850
855
840
845
885
880
875
870
865
860
890
895
900
905
910
915 920
940
935
930
925
945
950
955
960
805
810
815
830
835
820
825
850
855
840
845
885
880
875
870
865
860
805
810
885
800 795
805
810
815
830
835
820
825
850
855
840
845
880
875
870
865
860
780
775
785
785
800
790
795
805
785
780
790
785
785
790
795
800
795
805
810
795
800
800 795
805
810
815
800
820
810
815
810
815
815
820
825
830
825
830
835
820
820
815
825
830
835
810 825
830
835
840
1015 1020
1005
1010
1015
1000
1005
1010
1000 1005
1010
1025
1055
1050
1045
1020
1040
1035
1030
1015
965
970
975
980
985
990
995
1065
1070
1075
10801085
1060 1055
1050 1045 1040
1015
1020
1025
1030
1035
985
990 995 1010
1005
1000
930
935
925 965 980 970
975
945 940
955
950 960
890
895
900
905
910
915
920
925
940
935
930
945
950
955
960
925
890 885
895
900
830
835
825 850855
840 845 880 875
870
865
860 910 905
915920
835
900
905
910915
890
885
895
850
855
840
845
880
875
870
865
860
920
925
930
935
900
905
910
915
890
885
895
880
875
870
865
865
855
850
835
840
845
860
825
830850
855 835 840 845
860 830
865
870
850
855
840
845
860
865
850 855
860
865
855
860
875
880
885
890
855
870
865
860
945
950
955
940
995
965
970
985
990
945
950
955
920 925
930
935
940
960
975
980
1020
1030
1025
1010
1015
1005 1000
1045
1020
1025
1015
1050
1030
1035
995
1000
1005
965
970
985
990
945
950
955
930
935
940
960
975
980
990
1025
1030
1040
1035
1055
1050
965
970
955
975
960
980
1000
995
985
1020
1015
1005
1050
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S79° 12' 28"W
84.80'
S42° 07' 10"W
56.00'
L=138.68', R=102.49' Δ=77° 31' 30"
L=62.39', R=100.00' Δ=35° 44' 49"
L=42.21', R=80.00'
Δ=30° 13' 50"
N84° 49' 55"E
42.93'
L=42.21', R=80.00'
Δ=30° 13' 51"
N42° 07' 10"E
103.60'
S22° 50' 27"E
159.94'
S74° 48' 32"W
74.26'
S16° 14' 05"E 84.84'
S47° 05' 10"E
70.86'
L=80.61', R=30.0 '
Δ=153° 57' 40"
L=17.24', R=30.0
0'
Δ=32° 5 ' 0
6" N16° 14' 05"W 99.54'
N33° 38' 35"W
108.12'
N80° 51' 24"W
38.48'
N57° 03' 32"W
51.79'
FOR PLANNING PURPOSES ONLY
ENGINEERING CORP. C0.0 4 POPPY TRAIL ROLLING HILLS, CA 90274 OVERALL SITE PLAN SCALE: 1" = 30' PARCEL 1 PARCEL 3 PARCEL 4 PARCEL 4
PARCEL 5
PARCEL 6
A.D.U.
RESIDENCE
(P) Stable
AREA OF "Qd", IDENTIFIED BY
GMU, TO BE REMEDIATED
310
Agenda Item No.: 13.A
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: CONSIDERATION AND APPROVAL OF AWARDING A
CONSTRUCTION CONTRACT TO VCI CONSTRUCTION, INC. FOR
PROVIDING CONSTRUCTION SERVICES ON THE 20C PORTION OF
THE CREST ROAD EAST FIRE PREVENTION POWER LINE
UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED
$577,069.90 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
DATE: November 13, 2023
BACKGROUND:
The City applied for grant funds through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Program and on September 14, 2020, the City was awarded $1,145,457 of Federal funds to underground utility infrastructure along Crest Road East from the eastern city limits to the frontage of 67 Crest Road East. The grant requires a local match of 25% ($381,819) for a total project amount of $1,527,276. The local match can be fulfilled using the California Public Utilities Commission (CPUC) Rule 20A work credits.
The entire project was originally characterized as a CPUC Rule 20A project. For Rule 20A projects, Southern California Edison (SCE) handles the design, joint trench bidding and assists in the coordination with the other utility companies. City staff held a kick-off meeting with SCE on January 13, 2021. SCE commenced with their work by performing a site visit and measurements to confirm scope and limits of work and preparation of a Rough Order of Magnitude (ROM) estimate for the project. The ROM was submitted to the City on February 25, 2021 and is based on: 8-poles and approx. 1,340 feet of overhead wires being removed, and 1-overhead service converted to underground feed covering the area from Crest Road from 87 Crest Road to East City Limits. The ROM cost estimate for the entire project was $1,000,000, expressed in 2023 dollars. The City sent SCE an email of concurrence for this ROM on March 3, 2021.
311
At the May 10, 2021 City Council Meeting, City Council adopted Resolution No. 1275 to establish an Underground Utility District and set a public hearing for the June 14, 2021 City Council Meeting.
On June 14, 2021, The City Council approved Resolution No. 1276 to create Underground Utility District No. 1 (Crest Road) to support the Crest Road East California Governor's Office of Emergency Services (CalOES)/FEMA Hazard Mitigation Grant Project.
Subsequent to the above-mentioned assumptions, SCE recognized that the growing costs to execute the project limited the linear feet that the ROM would cover under the Rule 20A program. The growing cost escalations also increased the City's match fund obligation from an estimated $381,000 to $1,000,000.
As such, the project was divided into two Rule 20 programs. Rule 20A would cover the majority of Crest Road with SCE handling the design, joint trench bidding and assisting in the coordination with the other utility companies. The remainder of the project was converted to a Rule 20C program where the City of Rolling Hills is required to handle the civil design, joint trench bidding and assist in the coordination with the other utility companies. The City is responsible for the completion of the Rule 20C segment including lateral connections to residential panels.
The City complied with all requirements and released a Request for Proposals (RFP) for Civil Engineering Services on or around April 11, 2023 by using the city website, direct solicitation and BidNet. Proposals were originally posted as due on May 9, 2023 and extended to May 11, 2023.
On June 12, 2023, the City Council entered into a professional services agreement with DCA Engineering as they were the only respondent to the solicitation. DCA worked with staff over the subsequent months to prepare the Civil Engineering specifications and construction bid documents.
DISCUSSION:
On September 25, 2023, the City officially released the 2QS-RULE 20C INSTALL UG STATLER 16KV WALTERIA SUB. # 2023-04 Request for Bid and posted it on the City's website.
A mandatory job walk held on October 3, 2023. Seven interested parties attended the job walk. Following the walk, the City Clerk realized that a formal Public Notice has not been published.
To correct the deficiency in noticing, on October 4th, the City officially re-released the Request for Bid with a required formal public notice published twice in the Daily Breeze and updated all documents online to reflect new dates for a second mandatory job walk and an extension of the bid closing date and time.
On October 7th and 12th, 2023, the City published the Request for Bid in a local newspaper as mandated by the State Public Contract Code.
312
No potential bidders attended the second job walk.
On October 23, 2023, the City received two (2) sealed bids at the 2pm Bid Closing. The order ranked the lowest responsive bid for work included are as follows:
Bidder Address Amount
VCI Construction, Inc.
1921 W. 11th St., Upland, CA
91786
$524,609.00
Par Western Line Contractors,
LLC
11276 5th Street, Ste. 100,
Rancho Cucamonga, CA
91730
$945,224.84
Staff validated all bids received and determined that VCI Construction, Inc. was the lowest responsive and responsible bidder. Staff recommendation is to award the construction contract to VCI Construction, Inc. for $524,609.00 and allocate an additional $52,460.90 as a 10% contingency for a total of $577,069.90.
On October 23, 2023, City staff also filed a one-year grant extension request with CalOES due to SCE's inability to also release their Bid for the Rule 20A portion. Due to the delay, it would be challenging for SCE to complete the undergrounding and overhead removal by the early February deadline.
ENVIRONMENTAL REVIEW
The conditional award of this contract, as well as the undergrounding work to be performed, is exempt from further environmental review pursuant to State and Local CEQA guidelines section 15302, Class 2(d), conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
FISCAL IMPACT:
Under Rule 20C, the City will be required to cover the costs for any contracted work and then be reimbursed from the grant funds. The grant pays for 75% of the overall fee and the city pays 25% of the fee using Rule 20A tariff credits. Staff will return to Council with a proposed resolution to amend the budget based on the costs and flow of funds described herein.
The total not-to-exceed fee for VCI Construction, Inc. is $524,609.00.
COST: $577,069.90 includes 10% contingency.
RECOMMENDATION:
Approve as presented and direct City staff to award and execute the contract, subject to approval from the City Attorney, upon confirmation from FEMA/CalOES regarding grant extension request.
ATTACHMENTS:
CL_PBN_231004_NOB_2023-04_Construction_CrestRd_UU_Affidavit.pdf CL_BID_231023_2023-04_VCI_BidPackage.pdf
CL_BID_231023_2023-04_ParWest_BidPackage.pdf
CA_AGR_231113_VCI_ConstructionContract_Project2023-04_D.pdf 313
CLPBN_231004_NOB_2023-04 ConstCrest (5007827) - Page 1 of 1 2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
[email protected]
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Account Number: 5007827
Ad Order Number: 0011627677
Customer's Reference/PO Number:
Publication: Daily Breeze
Publication Dates: 10/07/2023 and 10/12/2023
Total Amount: $922.58
Payment Amount: $0.00
Amount Due: $922.58
Notice ID: A5HPrpj0c3oWPc672mEZ
Invoice Text: Notice to Contractors Inviting Bids – City of Rolling Hills, CA NOTICE IS HEREBY GIVEN that sealed proposals for performing the following described work will be received at the office of the City Clerk of the City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California, until 2:00 P.M. on October 23, 2023. Thereafter said bids will be publicly opened and read in the City Clerk's office of said City . 2QSRULE 20C INSTALL UG STATLER 16KV WALTERIA SUB., Project, Job No. 2023-04 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4344-526-112R Plans and specifications are only available from the City electronically. Paper copies are not available from the City. Bidders obtain plans, specifications, and bid documents by emailing the City Clerk at: [email protected] or downloading from the City website at: https://www.rolling-hills.org/business/construction_bids/index.php. To be included on the Plan Holder’s List for this project, a prospective bidder must provide the firm’s name, address, telephone number, fax number, a contact person, and a valid email address to the City Clerk at [email protected]. It is not required to be on the Plan Holder’s list, however any addenda will be sent via email only to those who are on the Plan Holder’s List. Receipt of any Addendum must be acknowledged by the bidder on the form and included in its submitted Proposal. The 2QS-RULE 20C INSTALL UG STATLER 16KV WALTERIA SUB. project is subject to the federal procurement standards under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. A mandatory pre-bid job walk will be held at the job site, adjacent to 92 Crest Road East, Rolling Hills, at 10:00 a.m., on Friday, October 13, 2023. To allow the City to coordinate this job walk, please register for the 314
CLPBN_231004_NOB_2023-04 ConstCrest (5007827) - Page 1 of 1 Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011627677
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and
a resident of the County aforesaid; I
am over the age of eighteen years, and
not party to or interested in the aboveentitled matter. I am the principal clerk of the printer of Daily Breeze, a
newspaper of general circulation,
printed and published in the City of
Hermosa Beach*, County of Los
Angeles, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of
County of Los Angeles, State of
California, under the date of June 15,
1945, Decree No. Pomo C-606. The
notice, of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to wit:
10/07/2023, 10/12/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Dated at Hermosa Beach, California
On this 12th day of October, 2023.
______________________________
Signature
*Daily Breeze circulation includes the following
cities: Carson, Compton, Culver City, El
Segundo, Gardena, Harbor City, Hawthorne,
Hermosa Beach, Inglewood, Lawndale,
Lomita, Los Angeles, Long Beach, Manhattan
Beach, Palos Verdes Peninsula, Palos Verdes,
Rancho Palos Verdes, Rancho Palos Verdes
Estates, Redondo Beach, San Pedro, Santa
Monica, Torrance and Wilmington
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1 CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between VCI Construction, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Rolling Hills, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for City of Rolling Hills, 2QS-RULE 20C INSTALL UG STATLER 16KV WALTERIA SUB. Project No. 2023-04 (Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On November 13, 2023, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the City of Rolling Hills, 2QS-RULE 20C INSTALL UG STATLER 16KV WALTERIA SUB. Project No. 2023-04 in the City of Rolling Hills.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, for the project in the City of Rolling Hills. The work shall be performed in accordance with the Plans and Specifications dated October 4, 2023, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project shall consist of all the documents and exhibits in the Request for Bid and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not.
Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement shall govern. Collectively, these contract documents constitute the complete agreement 377
2 between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal of five hundred and twenty-four thousand, six hundred and nine dollars ($524,609.00) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 56 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time.
5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum of be $500.00/day for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.
7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.
Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and 378
3 implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
379
4 CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section.
Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 380
5 By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code.
9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work.
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.
10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor. 381
6 11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States
CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.
CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program
13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
14. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or 382
7 injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR
hereunder, and CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to
Indemnitees and any all costs and expenses incurred by
Indemnitees in such action or proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 383
8 So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
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9 a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
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10 c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site.
e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 386
11 iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review.
v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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12 18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
19. INDEPENDENT CONTRACTOR: CONTRACTOR 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 of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
23. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will 388
13 be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.
26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
CITY OF ROLLING HILLS
2 Portuguese Bend Rd.
Rolling Hills, CA 90274
Attention: Christian Horvath, Project Manager
CONTRACTOR:
VCI Construction, Inc.
1921 W. Eleventh St.
Upland, CA 91786
Attention: Kevin Ventroni
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14 27. DISPUTES: Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
Claims: For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim.
The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
Supporting Documentation: The CONTRACTOR shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
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15 Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.
CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.
Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to 391
16 respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.
If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier.
All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.
Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
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17 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.
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18 28. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
29. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice.
In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR.
CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.
30. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.
31. NO THIRD-PARTY BENEFICIARY: This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
32. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled 394
19 to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a noncompensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
34. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE: Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
35. ACCEPTANCE OF FACSIMILE SIGNATURES: The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
36. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
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20 State of California
CONTRACTOR'S License No. CA 765716
CONTRACTOR
VCI Construction, Inc.
1921 W. Eleventh St., Upland, CA 91786
By: ______________________________________________________ TITLE Date
CITY OF ROLLING HILLS, CALIFORNIA
By: ______________________________________________________ PATRICK WILSON, MAYOR Date
ATTEST:
By: ______________________________________________________ CHRISTIAN HORVATH, CITY CLERK Date
CONTRACTOR'S Business Phone 909-946-0905
Emergency Phone at which CONTRACTOR can be reached at any time:
909-721-7723
APPROVED AS TO FORM:
_______________________________________________________________ PATRICK DONEGAN, CITY ATTORNEY Date
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21 AGREEMENT OF INDEMNIFICATION
AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION In general, the work located at No. 92 Crest Road, comprises without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary for the construction of the undergrounding of electrical and communication existing lines in compliance with Southern California Edison plans and specifications as prepared for the City of Rolling Hills per “2QS-RULE 20C INSTALL UG STATELER 16KV WALTERIA SUB Project No. 2023-04”, exception therefrom any cabling installation, electrical connections or removal of power poles.
Contract/Agreement/License/Permit No. or description: 2QS-RULE 20C INSTALL UG STATELER 16KV WALTERIA SUB Project No. 2023-04
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rolling Hills and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance 397
22 coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
“Indemnitor”
Name _________________________________
By: _________________________________
Name _________________________________
By: _________________________________
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Agenda Item No.: 14.A
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: VERBAL REPORT FROM THE AD HOC FIRE FUEL COMMITTEE ON THE OCTOBER 20, 2023 MEETING
DATE: November 13, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
399
Agenda Item No.: 15.A
Mtg. Date: 11/13/2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: DAVID H. READY
SUBJECT: UPDATE ON POLE SITING LOCATIONS SPECIFIC TO THE
DEVELOPMENT PLANS FOR AN EMERGENCY OUTDOOR SIREN
SYSTEM BASED ON FEEDBACK FROM THE OCTOBER 23, 2023 CITY
COUNCIL MEETING
DATE: November 13, 2023
BACKGROUND:
On June 12, 2023, the City Council approved moving forward with installation of the siren tone and intelligible voice system for three 50-foot-high poles as described in the professional services agreement.
HQE had prepared the development plans showing the location and specifications for each siren::
1. City Hall Location: The new 50-foot-high pole was proposed to be located in the City Hall parking lot approximately 10 feet from the utility room and 12 feet from the fence fronting Palos Verdes Drive North. It will be in the public right-of way maintained by the City of Rolling Hills Estates (RHE). Staff had reached out to RHE and was awaiting a response in terms of permitting procedures.
2. Crest Road West Near Fire Station 56: The location along Crest Road West was proposed to be located within the Rolling Hills Community Association (RHCA) roadway easement. RHCA had requested it be placed away from the roadway for safety and aesthetic reasons. The proposed location was downslope from the street approximately 50 feet from the centerline of Crest Road West. It was approximately 135 feet west from the edge of the fire station driveway. Since the pole will be located at a lower elevation from the street, the height would be approximately 70 feet from adjacent grade.
However, the height from street-level will be 50 feet. The additional height is needed so that sound propagation is above the roof ridge of adjacent homes, particularly the one across the street at 3 Crest Road West.
3. Crest Road East Outside of Gate : This location is within an RHCA easement approximately 10 feet from an Edison pole and six feet from a fence. The fence will need 400
to be removed in order to install the pole but will be replaced.
According to HQE, the two locations at City Hall and the Crest Road East gate will be standard (Class 3 poles which are 50 feet long) that will comply with the terms of the agreement. The pole on Crest Road West near Fire Station 56 will need to be customized (Class 1) because of the additional height. A Class 1 pole is typically $10,000 to $12,000 as compared to a Class 3 pole which is approximately $2,000. As such, a change order would be required for the taller Class 1 pole. According to RHCA, placing the pole next to the street may not save costs because a security wall should be placed around the pole. It would also be much more visible and obtrusive.
DISCUSSION:
At the October 23, 2023 City Council meeting, there was concern expressed about the development plans placing the pole on Crest Road West adjacent to the LA County Fire Station within view corridors facing South. Council direction was to work with LA County to see if a pole could be place on their property closer to the station considering they already have approximately 50ft. high radio infrastructure.
Following the meeting, city staff also spoke at greater length with the City of Rolling Hills Estates (RHE) regarding the pole that was planned for placement on the Rolling Hills City Hall Campus, but within the RHE easement. RHE expressed that their preference would be to not have it within their easement and that it would require a process on their end if deemed absolutely necessary.
On November 7, 2023, City staff and HQE met to evaluate both sites with LA County Fire Department personnel participating for the Crest Road West location.
HQE and staff determined that the City Hall Campus pole could be relocated out of the RHE easement and installed directly adjacent to City Hall, next to the old recycling center on the Northeast side of the building. Staff has already been exploring plans to re-landscape the campus and become a model for the City's Home Hardening strategies. Placement of this pole would require the elimination of an existing hedge, which would be in-line with current Home Hardening and fire safety guidelines.
While Chief Bennett is open to placement of a pole on Station 56's property, staff and HQE were informed by LA County Fire personnel that this would most likely require a lengthy and multi-department process for approval. They noted that LA County's Internal Services Department would also need to evaluate any potential interference issues with their radio antenna. HQE noted some logistical issues with trying to install near the radio antenna structure without displacing the Fire Departments hose drying infrastructure or interfering with the engines ability to enter and exit the station during construction. HQE examined all areas of the property during the visit but could not find an overwhelmingly suitable location. Rather, they were able to identify an area approximately 30-40 feet east of the original site that would still be in the RHCA's easement but would alleviate the expressed concerns. The new location would be directly behind a smaller tree adjacent to the trail head. The tree would act as a natural camouflage for the lower portions of the pole with another tree on the south side of the trail also helping to provide some background camouflage.
Staff and HQE returned to City Hall and briefly met with RHCA staff to discuss the possibility of the new location and verified that it was in the RHCA easement. Pictures are attached to this 401
report.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file. Provide feedback to staff.
ATTACHMENTS:
CL_AGN_231113_CC_HQE_Update_Pics.pdf
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403