Rolling Hills City Council
June 10, 2024

199
II. TOPICS FOR DISCUSSIONS
The County and Contract Cities intend to discuss the specific topic areas identified below. These topic areas are described generally so as not to be unduly prescriptive or limiting. However, the County and Contract Cities do not intend by this LOU to discuss topic areas outside the reasonable scope of the Assumption of Liability Agreement, Indemnity Agreement, Special Indemnity Agreement and those items listed below, and agree that limiting discussion to these topic areas will ensure that discussions proceed in a focused, orderly, and timely manner.

1. Acts or omissions by LASD employees that will not be considered “Contract City business” for the purposes of determining whether the LTF shall pay for resulting litigation costs and liability.

2. Loss control measures to reduce liabilities paid for by the LTF.

3. A formal process to resolve disputes between the County and Contract Cities over responsibility for certain costs of litigation or liability.

4. Responsibility for the costs to defend LASD employees and punitive damages awards under certain circumstances, including but not limited to, when employees are engaged in conduct outside the course and scope of their employment, illegal or sexual activity or with willful disregard for the safety of others.

5. Participation by Contract Cities in the selection of attorneys for Priority 1 & 2 cases, as well as discussions of which firms should be on the panel..

6. Defining what constitutes timely notice by the County to Contract Cities’ claims and the ramification of a failure to do so.

7. Litigation cost reduction measures.

8. Addressing the solvency of the LTF.

9. Discuss other fee-for-service models that reflect the County’s desire to fully recover its cost of providing MLESA services in Contract Cities, including any liability costs, and the Contract Cities’ desire to reduce liability costs associated with the existing MLESA structure.

III. MEETING SCHEDULE AND FORMAT
Within 15 days of the execution of this LOU by all parties, the parties will mutually agree on a meeting schedule. Meetings will take place no less than monthly, either in person or virtually. To foster meaningful and productive discussions, the County and Contract Cities intend to limit their respective number of participants at each meeting to no more than six (6) representatives each. County representatives will include, at a minimum, the Chief Executive Office, LASD, and County Counsel.

Contract Cities’ representatives will include, at a minimum, Contract Cities Executive Director, the California Joint Powers Insurance Authority, and a representative from the City Managers workgroup. This does not restrict the use of external professionals to assist in any technical analysis beneficial to the discussions.

200
IV.

COUNTY OF LOS ANGELES
By:

Signature
Name:

Date:

Title:

LOS ANGELES SHERIFF’S DEPARTMENT
By:

Signature
Name:

Date:

Title:

CONTRACT CITIES ASSOCIATION
By:

Signature
Name:

Date:

Title:

201
I
7o?~
76 EXHIBIT VI
1 ASSUMPTION OF LIABILITY AGREEMENT
2 3 THIS AGREEMENT, dated for reference purposes only, on the 4 14th day of November, 1977, is made and entered into between 5 the County of Los Angeles, sometimes hereinafter referred to as 6 the “County,” and the City of San Dimas,
i sometimes hereinafter referred to as the “City.”
8 9 RECITALS
(a) City atid County have heretofore contracted for the ii performance of services by County, its officers, agents and 12 employees, and will in the future extend, renew and amend such 13 contracts, and enter into other and further contracts for the 14 performance of services; and
Is (b) Such contracts are agreements defined under §895 of the 16 Government Code, and pursuant to §895.2 thereof joint and several 17 liability is imposed on the parties; and
18 (c) Pursuant to §895.4 of the Government Code the parties 19 as a part of the aforementioned agreements may provide for con20 tributioh or indemnification upon any liability arising out of 21 the performance of the agreement; and
22 (d) The County is willing to assume liability and defend 23 and hold the City harmless from any loss, cost or expense caused 24 by the negligent or wrongful acts or omissions of County officers, 25 its agents and employees, occurring in the performance of said 26 agreement; and
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ATTACHMENT 2
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76 (e) The City is willing to assume liability and defend and 2 hold the County harmless from loss, cost or expenses caused by 3 the negligent or wrongful act or omission of city officers, agents 4 or employees occurring in the performance of agreements between S the parties, except as hereinafter provided,
6 NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
7 1. The County will assume liability and defend and
8 hold the City harmless from loss, costs or expenses caused 9 by the negligent or wrongful act or omission of County 10 officers, agents and employees occurring in the performance 11 of agreements between the parties hereto to the extent that 12 such liability is imposed on the City by the provisions of 13 S895.2 of the Government Code of the State of California. 14 2. The City will assume liability and defend and hold 15 the County harmless from loss, costs or expenses caused by 16 the negligent or wrongful act or omission of City officers, 17 agents and employees occurring in the performance of agree18 ments between the parties hereto to the extent that such 19 liability is imposed on the County by the provisions of 20 §895.2 of the Government Code of the State of California. In 21 addition, when liability arises pursuant to §~83O, et seq., 22 of the Government Code, by reason of a dangerous condition 23 of public property of the City, the City shall assume 24 liability and defend and hold the County harmless from ldss, 25 costs or expenses caused by the negligent or wrongful act or 26 omission of City officers, agents and employees, whether 27 /1/
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I arising in the performance of an agreement between the 2 parties hereto, with the exception that the County shall 3 assume liability and defend and hold the City harmless from 4 loss, costs or expenses caused by the negligent or wrongful 5 act or omission of County officers, agents and employees, 6 occurring in the performance of any agreement between the 7 parties hereto where a duty is imposed on the County pursuant 8 to such agreement to provide maintenance or inspection 9 services pertaining to said property. Where such an agree10 ment between a City and County provides that the County will• 11 provide at least the same level of maintenance or inspection 12 services that the County provides to unincorporated areas, 13 the County will assume liability and defend and hold the City 14 harmless from loss, costs or expense caused by the negligent IS or wrongful act or omission of County officers, agents and 16 employees in failing to provide said services in accordance 17 with said agreement.
18 3. The parties further agree that the Auditor19 Controller of the County shall establish a fund for the pay20 meat of losses for which the County may be liable under the 21 terms of this agreement, and the County agrees to maintain 22 the fund for the purpose of paying such losses which may 23 occur through its performance under agreements to provide 24 city services to the cities within the County.
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S
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1 4. It is understood by the parties that the fund
2 referred to in paragraph 3 above is under the full control 3 of the Board of Supervisors and reappropriation of unen4 cumbered year-end balances in this fund is discretionary S with the Board of Supervisors.
6 5. The City agrees to make payment to the fund, and
7 the County agrees to require each city receiving services 8 under City Service Agreements to also contribute to the fund. 9 Payments towards the total amount of the fund shall be made 10 by the City in such amounts as may be established by the Auditor-Controller according to the policy and procedure 12 established by the Board of Supervisors, and in the same 13 ratio as the cost of services received by the City is to the 14 total cost to the County for its performance of City Service is Agreements during each fiscal year. In the event that City 16 should elect to terminate its Service Agreement with the 17 County, its responsibility to contribute to the fund pursuant 18 to this agreement shall be limited to payment of amounts 19 which accrue prior to the effective date of said termination. 20 - 6. Each party agrees to fully cooperate with the other 21 and assist the other party hereto in all matters relating to 22 losses covered by the terms of this agreement, and more 23 specifically but not being limited thereby, each .party will:
24 (a) Give prompt notification of all occurrences
25 - covered or likely to be covered by the terms hereof, 26 - together with the particulars thereof to the other party 27 hereto;
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[576N—(lOf73~
11 - 76
1 (b) If claim is made, or suit is brought against
2 a party on occurrences covered or lilcely to be covered 3 by the terms hereof, such party shall immediately
4 forward every claim, demand, notice, summons or other 5 process received by it to the other party hereto.
6 7. Should City agree, stipulate, consent to, or other— 7 wise suffer the granting of any claim, the making of any 8 judgment, order, or other award for damages or other relief 9 against itself or any of its or the County’s officers, 10 agents, or employees in any proceeding or action authorized ii by law involving a matter arising out of the performance by 12 the County of services affected hereby without the prior 13 written consent thereto of the County, the City agrees to 14 indemnify, hold harmless, and defend the County from any Is loss, cost or expense to it arising from such claim, judgmen 16 or other award irrespective of the legal basis upon which 17 liability may be imposed by such action including liability 18 of the County under the provisions of Section 895.2 of the 19 Government Code.
20 8. Any party may at its own cost participate in the
21 defense of any suit, or in the prosecution of any appeal 22 affecting matters herein involved where the duty of defense 23 or prosecution is imposed on the other party, and where the 24 other party has consented thereto.
25 - 9. This cgreement shall apply to and shall be deemed 26 to be a part of all agreements now existing or hereafter 27 f/I
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YrS76N—(IOI73)-—
1176
I entered into, including amendments, renewals, or other 2 extensions thereof, wherein the City and. County have con3 tracted under circumstances wherein the liability of the City1 4 and County is joint and several under § 895.2 of the Govern— S ment Code of the State of California. The provisions of this~ 6 agreement shall supersede and control over any other provi7 sions inconsistent therewith in any such contract, heretofore~, 8 or hereafter entered into by and between the parties hereto, 9 unless by specific reference therein this Assumption of 10 Liability. Agreement is inapplicable.

II 10. On the effective date of this agreement that cer— 12 tam agreement entitled “Assumption of Liability Amendment,” 13 - if any between the parties, is terminated. The effective 14 date of this agreement is the date executed by the parties, IS but in no event sooner than 12:00 A.M., March 15, 1978, 16 unless the aforementioned Assumption of Liability Amendment 17 should be sooner terminated by the parties, in which event IS the date of such termination shall be the effective date of 19 this agreement. Upon the effective date of this agreement th üme shall continue during the term of any agreement for 21 services to which the same is applicable, unless the County 22 shall sooner elect to terminate this agreement upon thirty 23 days written notice to the City. The County further agrees 24 that this agreement shall be only terminated upon the occur25 rence of the foregoing, or any one or more of the following 26 events: -
27 III
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~7:J1~I73~ S
1176
I (a) Failure of the City to cooperate with the
2 County as required by this agreement..
3 (b) Upon the City authorizing any judgment, order
4 or other award for damages without the consent of the 5 County in violation of the terms and provisions of this 6 agreement.
7 (c) Upon the County’s election in its absolute
8 discretion to terminate this Assumption of Liability
9 Agreement as to all cities having such service agree10 ments with the County.

II 11. To the extent that the County has agreed to indem12 nify, defend and waive harmless a city, its officers, agents 13 - and employees under this agreement, said obligation shall 14 continue to exist during the term of this agreement whether is - or not there are sufficient funds for such indemnity, defense 16 or hold harmless in the fund established by the Auditor17 Controller. It is further understood that the County may 18 also utilize said fund for the purchase of commercial 19 insurance and claims management services and for the payment 20 of other costs to cover the exposures of the County hereunder 21 in whole or in part.
22 12. On termination by the City of service contract with 23 the County, or upon termination by the County for any cause, 24 the County shall continue to indemnify, defend and hold harm25 less the City for all claims and losses for which liability 26 is imposed -on the County by the terms of this agreement, and 27 III
28 III
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i/li)-
where arising out of the County’s negligent or wrongful act 2 or omission, prior to the effective date of said termination. 3 Said City shall not be entitled to return of any considera4 tion paid by it towards the fund established by the Auditor5 controller on the termination of this agreement. 6 IN WITNESS WHEREOF, the parties hereto have caused this 7 agreement to be executed by their duly authorized officers the 8 day and year hereinafter set forth.
9 CITY OF ~5AN/ b/MA—S
- By~~
II Mayor
12 p7
ATTEST this “~{6 day of ~
13 - 197$.

IS City Clerk
16 17 COUNTY QF LOS ANGELES
18 By_____________________________
19 Chairman, Board of Supervisors
I ADGflED ATTEST this 22— day of ~p½gç’ \-\ ,
21 197L
22: JAMES S. MIZE, Executive Officer23 DEC2 71977 Clerk of the Board of Supervisors 24 ,~.,-‘ By__________
26 27
28 a 8 209
ATTACHMENT 3
210
211
212
213
214
215
216
217
218
219
220
221

COUNTY -CITY SPECIAL INDEMNITY AGREEMENT
THIS AGREEMENT ( " Agreement "), dated for reference purposes on the day of 2009, is made and entered into between the County of Los Angeles, hereinafter referred to as the "County," and the Cities identified in Recital G below, hereinafter cumulatively referred to as the "Cities."

RECITALS
A. Cities, and each of them, and County have heretofore contracted for the performance of law enforcement services to be provided by the County, its officers, agents and employees, known as "Municipal Law Enforcement Services Agreements" which contracts the parties may in the future extend, renew and amend, and enter into other and further contracts for the performance of such services (hereinafter referred to as " MLESA"); and B. Cities and County have heretofore contracted for the indemnification of the Cities by the County, utilizing the Liability Trust Fund ( "LTF ") for the acts and omissions committed by the County's employees in the course and scope of providing services under the MLESA agreements, more particularly described as the Joint Indemnity Agreements or Assumption of Liability Agreements ( hereinafter referred to as " Joint Indemnity Agreements ") which have remained in full force and effect to the present time; and
C. In accordance with the Joint Indemnity Agreements, the County established the LTF, as provided in those agreements. In accordance with the Joint Indemnity Agreements, the Cities, and each of them, are required COCA- CINDEMNTYACR COLA.SI'A90727FIN. DOC
ATTACHMENT 4
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to pay monies into the LTF. The monies in the LTF are used to reimburse the County for claims, losses, costs and expenses it incurs for which indemnification is provided in the parties' MLESA and /or Joint Indemnity Agreements; and
D. The County withdrew sums from the LTF for the purpose of reimbursing itself for its payment of settlement of claims related to sexual assaults committed by a deputy sheriff (Gonzales) in the years 2002 and 2003 (the "Claims "); and
E. A dispute has arisen between the parties regarding the circumstances under which the County may utilize the funds in the LTF for claims arising from sexual assaults committed by deputy sheriffs employed by the County ( "Sexual Assaults "); and
F. The parties desire to continue the Joint Indemnity Agreements and MLESA agreements, as amended, modified and supplemented from time to time. As further consideration to the Cities, the County is willing to reimburse the LTF for a portion of the sums that are used or may be used by it from the LTF for claims, losses, costs or expenses arising out of certain Sexual Assaults, as defined in Section 2 below, occurring in the performance of the MLESA agreements on the terms and in the manner provided in this Agreement.

G. The Cities that are a party to this Agreement are as follows:

City of Agoura Hills
City of Artesia
City of Avalon
City of Bellflower
City of Bradbury
Citv of Calabasas
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City of Carson
City of Cerritos
City of Commerce
City of Compton
City of Diamond Bar
City of Duarte
City of Hawaiian
Gardens
City of Hidden Hills
City of Industry
City of La Canada
City of La Habra Heights
City of La Mirada
City of La Puente
City of Lakewood
City of Lancaster
City of Lawndale
City of Lomita
City of Lynwood
City of Malibu
City of Norwalk
City of Palmdale
City of Paramount
City of Pico Rivera
City of Rancho Palos
Verde
City of Rolling Hills
City of Rolling Hills
Estate
City of Rosemead
City of San Dimas
City of Santa Clarita
City of South El Monte
City of Temple City
City of Walnut
City of West Hollywood
City of Westlake Village
NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, it is mutually agreed as follows:

AGREEMENT

1. Effective Date.

This Agreement shall be effective as of July 1, 2009. The foregoing notwithstanding, this Agreement shall apply to any claims notice of which is first given to the Liability Trust Fund Oversight Committee after the effective date of this agreement, regardless of the date of occurrence. For purposes of this Agreement "notice" shall mean notification to the Chief Executive Officer of the California Joint Powers Insurance Authority and the Executive Director of the California Contract Cities Association, unless otherwise instructed in writing.

2. Indemnity by the County to the City.

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The parties agree that the maximum liability of the LTF for any losses, claims, costs or expenses related to certain Sexual Assaults, as herein below defined, by deputies or other peace officers in the employ of the County shall be one -half (1/2) of any settlement, judgment or award for such assaults and the costs of defense, including attorneys fees, for such claims or lawsuits. In the event that a withdrawal is made by the County from the LTF for any liability related to certain Sexual Assaults by deputies or other peace officers, as herein below defined, the County shall reimburse the LTF, or, in the event that it has not made a withdrawal of funds from the LTF it shall assume the responsibility to pay from its own funds, one -half (1 / 2) of any amounts necessary to satisfy any judgment, award or settlement not otherwise covered by insurance, if there is any, together with costs of defense, including attorneys fees, under the following circumstances:
a. A felony judgment of criminal conviction is entered in a state or federal court based upon the same facts as the claim; and
b. The felony judgment of criminal conviction is based upon an act of rape, sodomy, oral copulation or other sexual penetration of a person; For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement, any amount paid by an insurance carrier directly to a claimant on a claim which is subject to this Agreement shall not be deemed to have been paid from the LTF.

For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement. any amount paid from the LTF on a claim CCCA -COLAS PC) NDENI N7 YAG R. DOC090727FIN. 4
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which is subject to this Agreement but which is reimbursed to the LTF by an insurance carrier shall not have been deemed paid from the LTF.

Nothing herein creates an obligation upon the Cities, or any of them, or any other entity to acquire, have or maintain any policy of insurance.

3. Term of and Application to Other Agreements.

This Agreement shall apply to all MLESA agreements now existing or hereafter entered into, including amendments, renewals or other extensions thereof. This Agreement shall serve to supplement the Joint Indemnity Agreements with respect to the single subject matter addressed herein.

Nothing herein shall be deemed to change, modify, alter, amend, or substitute any term, right, obligation or condition set forth in an MLESA, as amended or modified, from time to time.

4. Termination of Service Contracts Between County and Cities.

This Agreement shall continue in effect until the last of any MLESA or similar agreement is lawfully terminated in accordance with its terms. Such termination shall not relieve County or City for any obligations set forth in such MLESA agreement relating to obligations upon termination of such agreement and this Agreement to any claims related to a Sexual Assault.

5. Release of the Claims.

The Cities and each of them hereby waive, release and relinquish any claim they may have for the reimbursement of the sums withdrawn by the County with respect to the Claims. The County hereby waives, releases and relinquishes any right or claim it may have for reimbursement of any sums it has or may have CCCA- COLA .SPCINDGMNTI' 090727FIN. AGR. DOC 5
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paid or incurred with regard to any Sexual Assault occurring prior to the effective date of this Agreement.

6. Further Assurances
Each of the parties hereto agrees to execute and deliver any and all additional papers and documents, and to do any and all acts reasonably necessary in connection with the performance of its obligations hereunder and to carry out the intent of the parties hereto.

7. Non - Admission of Liability
Each of the parties hereto agrees that nothing contained or incorporated herein shall be deemed as an admission of liability with respect to any matter, thing, or dispute whatsoever.

8. Entire Agreement
This Agreement with regard to the use of LTF funds by the County for claims arising out of Sexual Assaults, and the other agreements between the parties referenced herein, shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations of the parties concerning the subject matter hereof and the terms applicable thereto.

9. Amendment
This Agreement may not be supplemented. modified or amended in any manner, except by an instrument in writing stating that it is a supplement, modification or amendment of this Agreement and signed by each of the parties hereto.

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10. Waiver.

No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any wavier constitute a continuing wavier. No waiver shall be binding unless executed in writing by the party making the waiver.

11. Counterparts
This Agreement may be executed by one or more separate counterparts, each of which, when so executed shall together constitute one and the same instrument. A copy transmitted electronically or by facsimile shall be deemed effective as an original.

12. Captions
The captions appearing in this Agreement are descriptive only and for convenience of reference. Should there be any conflict between any such caption and the terms of this Agreement, the latter shall control and govern the construction of this Agreement.

13. Constructions and Interpretation
The parties have participated equally in the preparation of this Agreement, which shall be construed and interpreted simply and fairly and not strictly for or against any party.

14. Recitals.

The Recitals set forth in this Agreement are incorporated herein by reference and made a part hereof.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their fully authorized officers the day and year hereinafter set forth.

ATTEST:

SACHI HAMAI
Executive Officer -Clerk
Board of Supervisors
By
Deputy
APPROVED AS TO FORM:

ROBERT E. KALUNIAN
Acting County Counsel
Lo
Signatures continued)

COUNTY OF LOS ANGELES

DON KNABE
Chairman, Board of Supervisors
0 CCCA- COLA. SPCINDEMN 8
229
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
m
Signatures Continued)

CITY OF AGOURA HILLS
Lm
MAYOR

CITY OF ARTESIA
By
MAYOR
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CITY OF AVALON
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
II
MAYOR

CITY OF BELLFLOWER
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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CITY OF BRADBURY
0 ITUWCON
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF CALABASAS
10 fuYNTOM
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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CITY OF CARSON
ATTEST:

M
City Clerk
QI
MAYOR
APPROVED AS TO FORM:

CITY ATTORNEY
10 ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)

CITY OF CERRITOS
m
fNEVZOT
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233
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued

CITY OF COMMERCE
m
MAYOR

CITY OF COMPTON
a
MAYOR
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234
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)

CITY OF DIAMOND BAR
By
MAYOR

CITY OF DUARTE
m
MAYOR
COCA -COLAS PCINDEMNTYAC R,090727PINDOC 14
235

CITY OF HAWAIIAN GARDENS
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
IIm
MAYOR

CITY OF HIDDEN HILLS
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
Signatures Continued)
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16 CITY OF INDUSTRY
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF LA CANADA
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY -
By
Signatures Continued)
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237
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
a
Signatures Continued)

CITY OF LA HABRA HEIGHTS
Im
MAYOR

CITY OF LA MIRADA
m
ruFMO7:7
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CITY OF LA PUENTE
0 MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF LAKEWOOD
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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CITY OF LANCASTER
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
0 MAYOR

CITY OF LAWNDALE
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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CITY OF LOMITA
m
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF LYNWOOD
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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I

CITY OF MALIBU
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF NORWALK
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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CITY OF PALMDALE
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
MAYOR

CITY OF PARAMOUNT
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
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CITY OF PICO RIVERA
Lo
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF RANCHO PALOS VERDE
LIZA
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
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CITY OF ROLLING HILLS
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
go
MAYOR

CITY OF ROLLING HILLS ESTATE
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
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ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

By o
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)

CITY OF ROSEMEAD
Lm
O/ `o

CITY OF SAN DIMAS
MAYOR
CCCA --COLA SPCINDFNIN "rYAGR.090727F1N. DOC 25
246

CITY OF SANTA CLARITA
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ATTEST:

City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY

CITY OF SOUTH EL MONTE
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MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
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CCCA- COLA. SPCINDFMNTYAG R.090727 FIN, DOC. 26
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CITY OF TEMPLE CITY
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ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF WALNUT
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
CCCA -COLAS PCLNDEMNTYAGR. DOC090727FiN. 2',
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CITY OF WEST HOLLYWOOD
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
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MAYOR

CITY OF WESTLAKE VILLAGE
By
MAYOR
ATTEST:

By
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APPROVED AS TO FORM:

CITY ATTORNEY
By
End)
CCCA - COL A. S PC[NllEMN'IYAG R.090727FI N. DOC. ZS
249
Agenda Item No.: 14.A
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE A VERBAL REPORT REGARDING HOMEOWNERS

INSURANCE RENEWAL CHALLENGES AND THE CALIFORNIA

INSURANCE COMMISSION'S EFFORT TO RESOLVE (MAYOR

MIRSCH)
DATE: June 10, 2024
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:

CL_AGN_240610_CC_051524_CAConsumerAlert.pdf
250
insurance.ca.gov │800-927-4357
Commissioner Lara Testifies on Progress Toward Stabilizing Insurance Market May 15, 2024 — Today Insurance Commissioner
Ricardo Lara informed members of the Assembly
Insurance Committee about significant progress
toward California’s largest insurance reform in 30
years. In prepared remarks, he detailed next steps to
implement his comprehensive Sustainable Insurance
Strategy in concert with support from the Governor
and Legislature through the budget process.

The following is an excerpt of Commissioner Lara’s
remarks:
"Since last September, my Department has been
working diligently on ambitious reforms designed to
stabilize our state’s insurance marketplace. I am
thankful for my staff and their incredible commitment
to this bold, comprehensive strategy that will
modernize our state’s insurance market, especially
with the growing threat of climate change."
"I want to address the questions everyone always
asks up front: When will our work be complete? And
when will Californians start to see the benefits?"
"My answer is: We will finish our regulatory work this year, and Californians are already seeing benefits."
"We need to be thorough, thoughtful, and deliberate. I do not want another insurance commissioner to be back in front of you in 5 or 10 years because these regulations could not be implemented -- and do not meet the mandate of Proposition 103."
PROPOSITION 103
"The purpose of Prop. 103 is four-fold: to protect consumers from arbitrary insurance rates and practices, to encourage a competitive insurance marketplace, to provide for an accountable Insurance Commissioner, and to keep insurance fair, available, and affordable for all Californians." "Under Prop. 103, insurance companies are not required to write policies. That was upheld in the Garamendi precedent. Underwriting mandates will not prevent insurance companies from further retreating."
"Let me put our work into perspective: We are creating entirely new laws and new procedures from the ground up, and we need to make sure we have all those in place. Our entire team has been continuously engaged and working hard throughout this insurance crisis -- and Californians are already seeing results. Here are some notable updates since we last met:
"I stand with our Governor’s remarks
at his news conference — that time
is of the essence. I appreciate his
strong support of my strategy and
his continued commitment to ensure
my Department has the support and
resources we need to implement a
strong, lasting reform."
251
insurance.ca.gov │800-927-4357

OUTCOMES
"Just yesterday, Farmers announced that it will reopen several of its commercial coverage lines, including for homeowners associations, apartments, and condominiums. Farmers is California’s largest domiciled insurance company and second largest homeowners writer."

"This decision is a direct result of my Department’s approval of its commercial rate filing. My Department has also approved three of Farmers’ homeowners rate filings in the last year as the company continues to write homeowners policies across the state." "Last week, we heard that Mercury Insurance Company is working with Tokio Marine to pick up the bulk of its personal homeowners insurance business. Mercury is another California-based company that has not stopped writing new homeowners policies. And Tokio Marine continues to write commercial coverage."
"My staff just approved CSAA Insurance Exchange’s homeowners insurance rate filing last Friday.

This ensures that CSAA can continue to write homeowners policies under the Triple-A Northern California brand. Earlier this year, my Department approved a significant homeowners rate filing for Triple-A South, so it can continue to write homeowners policies throughout Southern California." "And during my Department’s catastrophe modeling workshop last month, an Allstate executive testified that it will end its pause on new homeowners business in California and begin writing in virtually every corner of the state when our strategy is implemented."

"In fact, every Top 10 homeowners insurance company in California has had a justified rate increase in the past five months according to the rules under Prop. 103. This underscores the tremendous urgency that my Department is showing during this crisis."

"These are signs of progress. However, we are not going to declare success prematurely, or be reactive to every insurance announcement or headline. We all are living in a time of uncertainty. I know that this is frustrating for anyone who is trying to buy or sell a home, or worried about whether they can even afford the insurance coverage they need as we face another fire season. We are already monitoring the current fire in San Bernardino County. That is the reality of our situation." "You’ve heard this before but it bears repeating: We are on our way to enacting the state’s largest insurance reform in 30 years since the passage of Prop. 103 in 1988. Prop. 103 was less than two pages of text. It took years of regulatory work, dozens of rulemakings, and even scores of litigation to make that landmark initiative a reality."
"Now we are facing the accumulated stress of decades of long-needed reforms and neglected decisions. For years, insurance companies submitted rate requests less than what they need largely because of the stagnant intervenor process. We are compressing decades of this deferral and delay into a one-year timeline of action. We have been surviving with 20th century regulations for 21st century problems. That cannot continue."
"There are others who are still trying to figure out if there is even an insurance crisis or just denying that there is an emergency to begin with. News flash: This is what an insurance crisis looks like."

MOVING FORWARD
Looking ahead, my Department is finalizing new regulations to allow the use of forward-looking catastrophe models in rate filings. This will help increase insurance availability in wildfire distressed areas and reduce reliance on the FAIR Plan, which has become a large percentage of policies in rural areas. In July, we plan to introduce proposed regulation text to allow homeowners and commercial insurance companies to incorporate the net cost of reinsurance in their rate filings. Reinsurance is a 252
insurance.ca.gov │800-927-4357
critical component of how insurance companies manage their risk, and allowing these costs to be included in rate filings will support greater insurance availability.

We are also working on modernizing the FAIR Plan, which has been neglected for many years. By July, I plan to amend the FAIR Plan’s Plan of Operation to increase coverage limits for larger homeowners associations, condo associations, farms, and other businesses, while ensuring the financial sustainability of the Plan. This modernization effort includes improving customer service responsiveness and ensuring that the FAIR Plan can fulfill its statutory role of providing coverage to all who need it.

In February, my Department published a “complete rate application” regulation to create clarity for all participants in the rate review process. This regulation is a critical part of reducing unnecessary delays and ensuring that rate filings are reviewed more quickly.

Last week, the Governor announced a new legislative proposal to expedite my Department’s insurance rate filing process. This proposal aims to provide more resources for thorough review within the current 60-day timeline prescribed under Proposition 103, with provisions for 30-day extensions when necessary. This proposal will help ensure that insurance companies provide complete information upfront, allowing for timely and informed decisions on rate filings.

To increase public participation and transparency in the Proposition 103 intervenor process, my Department launched a new webpage that explains how the process works and provides access to petitions filed by intervenors, as well as the Department’s responses and compensation awarded. 253
Agenda Item No.: 15.A
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: PRESENTATION REGARDING OPEN FIRE PITS WITHIN CITY LIMITS DATE: June 10, 2024
BACKGROUND:

Fire risks on the Palos Verdes Peninsula are heightened due to a confluence of high temperatures, widespread dry vegetation, and strong coastal winds. Small brush fires are regular occurrences on the hill, igniting multiple times a year during the summer and fall. Most brush fires are extinguished relatively quickly, but large wildfires have a history of ravaging Peninsula communities. In 1973, a large wildfire was sparked by two children playing with illegal firecrackers--more than 900 acres were burned, and 12 homes in Rolling Hills were destroyed. In 2009, a fire of unknown origin burned 235 acres, lasting for two days and causing damage to six Rolling Hills homes leading to 1,200 people being forced to evacuate (Attachment 1).

Due to the City's open space areas, dense vegetation, and 1,500 acres of land in the adjacent Palos Verdes Peninsula Land Conservancy (PVPLC), the Los Angeles County Fire Marshal has deemed the City of Rolling Hills a "Very High Fire Hazard" local responsibility area (LRA) zone (Attachment 2). Additionally, Rolling Hills is located within FEMA's "Very High" Wildfire Risk Index score zone and the California Public Utility Commission's "Tier-2 Elevated FireThreat Area" zone.

Municipal and Los Angeles County Codes
The Fire Code of the Los Angeles County Code was adopted in the City's Municipal Code as the "Fire Code of the City of Rolling Hills." An email from the County of Los Angeles Fire Department clarifies how the Fire Code governs firepits (Attachment 3) and is summarized below:

Operational Permits, Section 105.5.34: Recreational fires are a type of open burning with a total fuel area that is 3 feet or less in diameter and 2 feet or less in height, used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes. Recreational fires are exempt from operational permits, given that the fire is not located in a Wildlife Urban Interface Area (WUI) or a Fire Hazard Severity Zone (FHSZ).
254
Rolling Hills is not in a WUI, but we are classified as a "Very High Fire Hazard" zone under the LA County Fire Marshal's FHSZ (see Attachment 2). As such, the following must be met to gain permit exemption:

The recreational fire is located on private property with consent from the owner.

No rubbish is burned.

It is not for commercial or industrial use.

It is in compliance with Sections 307.4 and 307.5 (detailed below). "Activities in Wildfire Risk Areas" Permits, Section 326.2: These permits are required for conducting certain activities in a wildfire risk area, including recreational open burning, using stands for cooking, or other activities that could provide a source of ignition (Attachment 3).

Location, Sections 307.4.2 and 307.4.3: Recreational fires may not be conducted within 25 feet of a structure or combustible material. Portable outdoor fireplaces are exempt from location restrictions if used at a one- or two-family dwelling. Portable outdoor fireplaces are defined as portable, outdoor, solid-fuel-burning fireplaces that may be open in design or may have a small hearth opening and a short chimney or chimney opening on the top (Attachment 3).

Attendance, Section 307.5: Open burning, bonfires, recreational fires, and portable outdoor fireplaces must be constantly attended until the fire is extinguished. At least one portable fire extinguisher or other approved on-site fire-extinguishing equipment--such as dirt, sand, water barrels, garden hoses, or a water truck--must be available for immediate utilization (Attachment 3).

LA County Code Requirements Summary
Portable Solid-Fuel Burning Outdoor Fireplaces: No location requirements or permits are required for portable outdoor fireplaces. A fire extinguisher must be located nearby.

Portable Gas-Burning Outdoor Fireplaces: The Fire Code does not address portable gasburning outdoor fireplaces.

Fixed Outdoor Decorative Fires: The LA County Fire Code does not address decorative fires using gas-burning only. We were directed to refer to the LA County Mechanical Code, referring to them as "Outdoor Open Flame Decorative Appliances" in 2022 CMC Section 932.0. In the code, owners must comply with the manufacturer's instructions, maintain clearance of at least 36 inches of combustible materials from the sides, and it may not be located underneath overhead combustible materials (Attachment 2).

Firepits: Operational permits are not required, given the firepit meets the size standards for a recreational fire and is located further than 25 feet from any structure or combustible material.

A fire extinguisher must be located nearby.

DISCUSSION:

Current Permitting and Approvals Process
When a firepit is included in a set of plans, City staff checks for the square footage of the firepit to calculate the total square footage of the project. Staff may also ask for firepits to be located away from flammable areas as a best practice and to keep the firepit within the designated patio area.

Once the project is approved by the Planning Department, Los Angeles County's Building & Safety Department is responsible for flagging potential violations. Issues would be sent to the 255
applicant for corrections, and the applicant would be referred to the Los Angeles County Fire Department for Fire Code requirements, if applicable. In conversation with LA County Building & Safety, however, staff was informed the only aspect of firepits that are enforced is the requirement for a plumbing permit for gas lines associated with gas-burning firepits. Woodburning firepits are not allowed. Firepits, on their own, would not be directly referred to the Fire Department. Only larger projects, such as a new residence with a backyard firepit, would be referred.

The LA County Fire Code has restrictions on certain types of firepits, but they fail to encompass the full range of appliances that could spark fires. Additionally, the Los Angeles County Building & Safety Department is not consistently enforcing the Fire Code, so issues that should be corrected to meet the Fire Code are not being reviewed.

Policies of Other Peninsula Cities
Like the City of Rolling Hills, the cities of Rancho Palos Verdes, Rolling Hills Estates, and Palos Verdes Estates have all adopted the Los Angeles County Fire Code as part of their municipal code. None of the planning departments for the other cities have specific procedures for approving firepits or other appliances that spark outdoor fires, as building & safety departments are generally responsible for those reviews. Rolling Hills is the only city that uses Los Angeles County's Building & Safety Department for building permits since Rancho Palos Verdes and Palos Verdes Estates have their own building & safety departments, and Rolling Hills Estates uses Willdan Engineering.

Conclusion
The City of Rolling Hills, with its open spaces, dense vegetation, dry climate, and proximity to large nature preserves, has been designated by the California Fire Marshal as a "Very High Fire Hazard" zone. Additionally, there is a significant history of wildfires disrupting and destroying Rolling Hills homes. The Los Angeles County Fire Code, which was adopted as Rolling Hills' Fire Code, includes some safety requirements for firepits and other outdoor appliances that can spark fires. After a project is approved by Rolling Hills' Planning Department, the Los Angeles County Building & Safety Department determines if Fire Department review is needed for compliance with the Fire Code. However, referrals to the Fire Department are not always made, especially for smaller projects.

Staff seeks City Council direction on the next steps. The City Council may request the Planning Commission to consider amending the Zoning Ordinance to include requirements for new firepits and other outdoor appliances that could start a wildfire. A code amendment may include, but are not limited to, requirements for distances to structures, amount of hardscape surrounding the firepit, and possession of a nearby fire extinguisher. This would enable the Planning Department to more effectively review plans for fire safety.

FISCAL IMPACT:

None.

RECOMMENDATION:

Receive and file or provide direction to staff.
256
ATTACHMENTS:

Attachment 1: Daily Breeze - 1973 and 2009 Rolling Hills Fire.pdf Attachment 2: CL_AGN_CC_240610_15_Matters_Staff_FireDeptEmail_240603.pdf Attachment 3: Bonfire Recreational-Fire Permit Triggers 2023 LACFC.pdf 257
The most destructive brush fire in South
Bay history
Posted on November 7, 2014 by Sam Gnerre
A helicopter makes an aerial water drop, left center, in this view of the Rolling Hills fire on June 22, 1973. Looking toward Rolling Hills from Rancho Palos Verdes. (Daily Breeze staff photo) —
South Bay History
The Daily Breeze's Sam Gnerre looks at the way we were in the South Bay
258
Two boys aged 12 and 13 playing with homemade firecrackers made from shotgun powder found in a garage inadvertently started the most destructive brush fire in South Bay History.

The pair set off the explosive flash powder mixture in a vacant lot on Whitley Collins Drive, between Highridge and Crest roads near Rolling Hills, at about 2:30 p.m. on Friday, June 22, 1973.

What followed next was chaos.

National Guardsmen on duty at the nearby Nike missile site on Crenshaw Boulevard near Crest Road heard popping noises and then saw puffs of smoke and the two boys running from the area across the canyon.

A dispatcher sent out the first call to local fire stations at 2:37 p.m. By 3 p.m., the fast-spreading fire was completely out of control.

It had been an unusually dry rainy season and strong breezes were blowing that day, so the fire spread rapidly through the Rolling Hills area.

Daily Breeze map of the June 22, 1973 Rolling HIlls fire, shown in pink. Numbered arrows indicate areas of most severe damage. Daily Breeze, June 23, 1973. —
259
Before the blaze was tamed at 1 a.m. on Saturday, June 23, it had charred about 925 acres, burned 12 home to the ground, damaged at least 10 others others and caused an estimated $2 million in property losses. Somewhat miraculously, no one was seriously injured or killed in the conflagration.

Black smoke filled the skies, and hundreds of sightseers clogged nearby roads, including Crenshaw and Hawthorne boulevards and Highridge, Crest and Crestridge roads, in an attempt to view the blaze. Luckily, no one was hurt, especially in the early hours of the blaze when bystanders went right up to the edge of the fire area, before perimeters had been established.

Houses were destroyed on Cinch Ring, Wrangler, Paint Brush Canyon and Running Brand roads.

Warren McDermid called the Daily Breeze at about 3 p.m., saying that he had taken some excellent photos of the fire from his house at 3 Wrangler Road. He left a message, but when his call was returned, there was no answer. McDermid, his wife and a house guest had been forced to flee, and the house had been lost to the blaze.

Unidentified man leaves as a house burns during the June 22, 1973 Rolling Hills fire. (Daily Breeze staff photo)
—
260
Three more houses were destroyed as the fire reached the Portuguese Bend area. Three houses near the Vanderlip mansion at 100 Vanderlip Drive were destroyed, including the former summer retreat owned by actor Charles Laughton.

In addition to two houses on Vanderlip, another home burned at 75 Narcissa Drive. Mrs. S.R.

Green told the Daily Breeze, “It doesn’t appear that we’re in any serious danger,” from her house at 76 Narcissa Drive, while the 75 Narcissa house directly across the street continued to burn.

At one point, Los Angeles County Supervisor James A. Hayes and his wife narrowly escaped injury when flames jumped across Southfield Lane in Rolling HIlls while the pair were in their car following firefighters. The Fourth District supervisor had recently moved into a home on nearby Chuckwagon Road.

Remains of the house destroyed by fire at 1 Wrangler Road in Rolling Hills following the June 22, 1973 Rolling Hills fire. (Daily Breeze staff photo)
—
261
Residents took to rooftops with hoses to water down their houses, grabbed shovels and garden tools to clear firebreaks and did whatever else they could to save their houses, animals and possessions.

Hundreds of firefighters battled the blaze, but some of the terrain proved inaccessible except by helicopter air drops.

By 8 p.m. Friday night, the blaze had been mostly brought under control, though mop-up efforts would continue well into Saturday.

As for the two boys, they were not charged. They expressed great remorse, and the authorities determined that there was no criminal intent on their part.

Destructive as the 1973 blaze was, it was not the largest fire in terms of size in South Bay history.

On Monday, Sept. 10, 1945, at about 3 p.m., a fire started by utility crews working on a downed power line on Blackwater Canyon Road near Crest Road, just a short distance east from the source point of the 1973 blaze, went on to burn an estimated 3,000 acres in the Rolling Hills area.

Fortunately, population was more sparse in the area in 1945, and only one home was completely destroyed. No one was injured, but 80 nearby homes were evacuated.

A collie on a roof overlooking the blaze seems unconcerned as the Rolling Hills fire rages on June 22, 1973. (Daily Breeze staff photo)
—
262
Residents described walls of flame 15 to 25 feet high in the area, and several garages, barns and other outbuildings were burned in the blaze.

Authorities estimated damage at $36,000, and one can only imagine the toll if the same fire were to burn in the area today.

The most recent major brush fire in the South Bay began on Thursday night, Aug. 27, 2009, at the upper ends of Narcissa and Peppertree drives, in the gated Portuguese Bend community near the Portuguese Bend Nature Preserve (now part of the Palos Verdes Nature Preserve) just north of the Trump National Golf Club.

It burned 230 acres of brush, threatened dozens of homes and forced 1,200 area residents to evacuate.

The Palos Verdes Peninsula fire of Aug. 28, 2009, as viewed from Del Cerro Park.

File photo. (Steve McCrank / Staff Photographer)
—
263
No homes were lost and no injuries to residents or firefighters were reported. Its cause was unknown, though it was speculated that an electrical problem at a utility pole in the area may have been the source.
165 of the 230 acres charred in the blaze were part of the relatively new Nature Preserve, which was created in 2005.

An earlier fire on July 13, 2005 burned 212 acres of land near Del Cero Park on the Palos Verdes Peninsula, but no homes were lost.

Sources:

Daily Breeze files.

Los Angeles Times files.

This entry was posted in Uncategorized by Sam Gnerre. Bookmark the permalink [https://blogs.dailybreeze.com/history/2014/11/07/the-most-destructive-brush-fire-in-southbay-history/] .

A fire helicopter makes a night water drop on the Palos Verdes Peninsula fire on Aug. 28, 2009.

File photo. (Steve McCrank / Staff Photographer)
—
264

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1 John Signo
From: Joshua Costello <[email protected]> Sent: Monday, June 3, 2024 1:25 PM
To: Abbie Sedillos; John Signo
Cc: Marion Jaikowski; Martin Salazar; Frank Garrido; Shawn Tanji; Mark Tyler; Joshua Costello Subject: RE: Fire Pits
Attachments: Bonfire & Recreational-Fire Permit Triggers, 2023 LACFC.docx EXTERNAL EMAIL - This email was sent by a person from outside your organization. Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity.

Good Afternoon,
Thank you for the question.  The trigger in Section 326 is pre‐empted by the following highlighted verbiage in Section 105:
105.5.34 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with.

Exception: RA recreational fires is subject to the provisions of this code, but is exempt from need for a permit provided that all of the following apply:

1. The fire is not located in a wildfire risk area or in a very high, high, or moderate fire hazard severity zone, except where located on private property with consent of the owner; meeting the size requirements in #2, below; and meeting the requirements of Sections 307.4 through 307.5.

2. The fire conforms to the definition of a "recreational fire", which limits the size of the fire to a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height; limits the combustibles to burning no rubbish; and restricts the purpose of the fire to pleasure, religious, ceremonial, cooking, warmth or similar.

For restrictions and requirements for each type of open burning, including but not limited to bonfires and recreational fires, see Section 307. For fires, including a small fire, in wildfire risk areas, see "Activities in wildfire risk areas" permit requirements (Sections 105.5.55.1 and 326.2).

In other words, at a 1‐ or 2‐family dwelling, a FD permit is not required, even in a “wildfire risk area” (a term that includes the FHSZ’s), if all of the following are true:

1. It meets the parameters of a “recreational fire”:

A total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height; limits the combustibles to burning no rubbish; and restricts the purpose of the fire to pleasure, religious, ceremonial, cooking, warmth or similar.

2. It is located on private property with consent of the owner.

3. It meets the requirements of 2023 LACFC Sections 307.4 through 307.5.  See the attachment for those 2023 LACFC sections.

The reference in Section 105.5.34 to Sections 105.5.55.1 and 326.2 are really intended merely for awareness; in many cases events in a wildfire risk area will include other activities that trigger a permit on their own, and Fire did not want one of those events to simply see the exclusion in Section 105.5.34, Item #1, and think the event was thereby exempt from needing to abide by other rules and/or triggers applicable to activities in wildfire risk areas.  Furthermore, even when an activity does not trigger the need for a permit, it is not exempt from code‐compliant operations.  Construction 266
2 and other events are not allowed to be substandard or unsafe simply because they are small enough not to trigger the more official and detailed oversight of a permitting process.

I hope that helps to clarify.  Please advise if you’d like to discuss on the phone or further.

Thanks again.

Respectfully,
Josh
Fire Fighter Specialist Joshua Costello
Codes and Ordinances Unit, Fire Prevention Division
County of Los Angeles Fire Department
[email protected]
213‐503‐5468
From: Abbie Sedillos <[email protected]>
Sent: Monday, June 3, 2024 10:15 AM
To: John Signo <[email protected]>; Joshua Costello <[email protected]> Cc: Marion Jaikowski <[email protected]>; Martin Salazar <[email protected]>; Frank Garrido <[email protected]>; Shawn Tanji <[email protected]>; Mark Tyler <[email protected]>
Subject: RE: Fire Pits
CAUTION: External Email. Proceed Responsibly.

Good morning Josh,
I’m the Planning Administrative Clerk at the City of Rolling Hills, and I have a quick question. I know recreational fires/portable outdoor fires are exempt from open burning/operational permits given they meet the requirements you listed below, but are they also exempt from the “Activities in wildfire risk areas” permit (Section 326.2)? Thank you for your help!
Abbie
Abbie Sedillos
Administrative Clerk/Bookkeeper
City of Rolling Hills
2 Portuguese Bend Road, Rolling Hills CA 90274
Phone: (310) 377‐1521 Email: [email protected]
From: John Signo <[email protected]>
Sent: Monday, June 3, 2024 8:42 AM
To: Joshua Costello <[email protected]> Cc: Marion Jaikowski <[email protected]>; Martin Salazar <[email protected]>; Frank Garrido <[email protected]>; Shawn Tanji <[email protected]>; Mark Tyler 267
3 <[email protected]>; Abbie Sedillos <[email protected]> Subject: RE: Fire Pits
Josh,
Thank you for your response. It is very helpful! I think you’ve answered all our questions for now. It’s very much appreciated.

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: Joshua Costello <[email protected]> Sent: Thursday, May 30, 2024 11:27 PM
To: John Signo <[email protected]>
Cc: Marion Jaikowski <[email protected]>; Martin Salazar <[email protected]>; Frank Garrido <[email protected]>; Shawn Tanji <[email protected]>; Mark Tyler <[email protected]>; Joshua Costello <[email protected]> Subject: Re: Fire Pits
EXTERNAL EMAIL - This email was sent by a person from outside your organization. Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity.

Yes, it appears that all of Rolling Hills is currently in the VHFHSZ, per https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/, even despite the disclaimer on the webpage.

Local jurisdictions can only expand upon the zones designated by the State (per statute); they cannot unilaterally downgrade them. As the State put it, as I recall, the science is the science, and they are confident in their modeling program.

While it is true that the State is about to release the already overdue updated LRA (local responsibility area, as opposed to state‐lands, or SRA) maps of the FHSZ's, which has been touted as based on better data, better modeling, and ember‐ cast modeling, I believe there is no indication that the FHSZ's will be receding; rather, there is an indication that the various zones will be growing and upgrading in rating, primarily due to the factoring in of ember‐cast models. That said, the logistics of notifying each city throughout the State, and working through the legal proceedings to update that city's books, means that these updates may still be long in becoming effective.

Does that answer your question?
Respectfully,
Josh
Fire Fighter Specialist Josh Costello
Codes and Ordinances Unit, Fire Prevention Division
County of Los Angeles Fire Department
[email protected]
268
4 213‐503‐5468
From: John Signo <[email protected]>
Sent: Thursday, May 30, 2024 8:42:28 PM
To: Joshua Costello <[email protected]> Cc: Marion Jaikowski <[email protected]>; Martin Salazar <[email protected]>; Frank Garrido <[email protected]>; Shawn Tanji <[email protected]>; Mark Tyler <[email protected]>
Subject: RE: Fire Pits
CAUTION: External Email. Proceed Responsibly.

Thanks, Josh. This is very helpful!

Another question, it is my understanding the City of Rolling Hills is in a Very High Fire Hazard Severity Zone (VHFHSZ).

Can you confirm it is still in a VHFHSZ or has it been taken out, and if so, how does that affect our city?

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: Joshua Costello <[email protected]> Sent: Thursday, May 30, 2024 7:31 PM
To: John Signo <[email protected]>
Cc: Marion Jaikowski <[email protected]>; Martin Salazar <[email protected]>; Frank Garrido <[email protected]>; Shawn Tanji <[email protected]>; Mark Tyler <[email protected]>; Joshua Costello <[email protected]> Subject: RE: Fire Pits
Importance: High

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Good Evening,

I hope to follow up with a call, but I want to provide you with our attached reference document on this issue, as well as the following summary.  I’d planned to call earlier, but urgent assignments kept coming in; please accept my apology.

Essentially, the answer to what I believe you are asking, is that at a 1‐ or 2‐family dwelling, a FD permit is not required, even in a “wildfire risk area” (a term that includes the FHSZ’s), if all of the following are true:

1. It meets the parameters of a “recreational fire”:

A total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height; limits the combustibles to burning no rubbish; and restricts the purpose of the fire to pleasure, religious, ceremonial, cooking, warmth or similar.

2. It is located on private property with consent of the owner.

3. It meets the requirements of 2023 LACFC Sections 307.4 through 307.5.  See the attachment for those 2023 LACFC sections.
269
5 If the device in question meets the following definition, then the main guidance is to defer to the manufacturer’s instructions, or 15‐foot separation from combustibles in lieu thereof.

PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid‐fuel‐burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

The only scenario that I believe the attachment does not exactly address is where a gas burner is used, without combustibles other than the gas (presumably making the device, in most cases, what the Mechanical Code calls an “Outdoor Open Flame Decorative Appliance” — see 2022 CMC Section 932.0), in which case the governing code is the CA Mechanical Code and NFPA 54 (which the Mechanical Code references and reiterates in Section 932).  For the application of the CMC, I’ll defer to your building official.

In all cases, a person who intentionally ignites a fire, is responsible for it, and both necessary means of extinguishment shall be secured, and necessary safeguards shall be implemented, whether a permit is required or not. 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.7. 307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.
. . .
307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4‐A rating or other approved on‐site fire‐extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

Regarding the Fire Code portions that LA County does not amend, they defer back to the 2022 CA Fire Code:

The following link lists, in the order of California‐Fire‐Code section number, the sections to which a Los‐Angeles‐ County amendment to the 2022 edition of the California Fire Code (2022 CFC) publication exists.  They are codified as Los Angeles County Code (LACC) Title 32.  Together with the unamended adopted portions of the 2022 CFC, these Los‐Angeles‐County amendments comprise the 2023 Los Angeles County Fire Code (2023 LACFC):
https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?nodeId=TIT32FICO Fire Code section numbers that are not provided at the link above, revert to the unamended content of the adopted portions of the 2022 CFC publication. The unamended 2022 CFC publication can be viewed at no cost at:
https://codes.iccsafe.org/content/CAFC2022P2/chapter‐1‐scope‐and‐ administration#CAFC2022P2_Pt01_Ch01_SubChI

I hope this helps!  Please feel free to reach out if you would like to discuss further.  My regular day off is Friday.

Thank you for your patience.

Respectfully,
Josh
270
6 Fire Fighter Specialist Joshua Costello
Codes and Ordinances Unit, Fire Prevention Division
County of Los Angeles Fire Department
[email protected]
213‐503‐5468

From: Marion Jaikowski <[email protected]> Sent: Wednesday, May 29, 2024 3:59 PM
To: Joshua Costello <[email protected]> Subject: FW: Fire Pits

From: John Signo <[email protected]>
Sent: Thursday, May 23, 2024 12:15 PM
To: Marion Jaikowski <[email protected]> Cc: Martin Salazar <[email protected]>
Subject: RE: Fire Pits

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Hi Marion,

Martin was able to send me the Fire Code amendments. Thank you!

I’m following up to see if you’ve come across anything else. Rolling Hills is entirely single‐family residential (no commercial properties) and in a Very High Fire Hazard Severity Zone (VHFHSZ).

According to your Code, an operational permit is needed for certain operations. Does your department issue operational permits for fire pits, bonfires, and outdoor chimneys?

Can you provide any more information on review and approval of firepits, bonfires, and outdoor chimneys in a VHFHSZ?

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: Martin Salazar <[email protected]> Sent: Thursday, April 25, 2024 1:09 PM
To: John Signo <[email protected]>
Subject: RE: Fire Pits

EXTERNAL EMAIL - This email was sent by a person from outside your organization. Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity. 271
7 John,

Attached are the County of Los Angeles Fire Code Amendments. Section 307.4 of the California Fire Code talks about bonfires/recreational fires.

Martin

From: John Signo <[email protected]>
Sent: Thursday, April 25, 2024 12:37 PM
To: Marion Jaikowski <[email protected]>; Martin Salazar <[email protected]> Cc: Planning <[email protected]>
Subject: Fire Pits

CAUTION: External Email. Proceed Responsibly.

Hi Marion and Martin,

We’re researching requirements for fire pits and noticed Fire Code Sections 307.4 through 307.5.2 are missing, even though Section 105.5.34 refers to those sections. Do you know if these sections were removed?

Do you have any handouts or material about fire pits that you can send us?

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]

272
Bonfire & Recreational-Fire Permit Triggers
2023 LACFC

From the 2023 LACFC (New changes were made in order to try to clarify when a permit is required*):

*Whether a permit is required is dependent on a number of factors:

1. Size:
a. A permit is generally only required if it’s larger than a total fuel area of 3 feet in diameter and 2 feet in height.

2. But if in the WUI or a Fire Hazard Severity Zone (FHSZ), then the following also matters:
a. Permission of the property owner.
b. Burning no rubbish.
c. For/Not for Commercial/Industrial Use.
d. Compliance with Sections 307.4 and 307.5 (provided below). **The applicant is always supposed to comply with Sections 307.4 and 307.5, even if a permit is not required/necessary. But the requirements of 307.4 and 307.5 are different depending on if the fire in question is a “recreational fire” (i.e., a total fuel area of 3 feet or less in diameter and 2 feet or less in height, and not for commercial/industrial use), or a “bonfire” (bigger than a recreational fire). Both a bonfire and a recreational fire are “open burning”. LACoFD does not allow burning “rubbish”.

Section 202 is amended by LAC (for the 2023 LACFC) to read as follows:

BONFIRE. An outdoor fire utilized for ceremonial purposes. A bonfire is a fire that would otherwise be considered a recreational fire except that it exceeds the size restrictions of a recreational fire, those being a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height. . . .

OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. . . .

PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. . . .
273
Bonfire & Recreational-Fire Permit Triggers
2023 LACFC

RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

Section 105.5.34 is amended by LAC to read as follows:
105.5.34 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with.

Exception: RA recreational fires is subject to the provisions of this code, but is exempt from need for a permit provided that all of the following apply:

1. The fire is not located in a wildfire risk area or in a very high, high, or moderate fire hazard severity zone, except where located on private property with consent of the owner; meeting the size requirements in #2, below; and meeting the requirements of Sections 307.4 through 307.5.

2. The fire conforms to the definition of a "recreational fire", which limits the size of the fire to a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height; limits the combustibles to burning no rubbish; and restricts the purpose of the fire to pleasure, religious, ceremonial, cooking, warmth or similar.

For restrictions and requirements for each type of open burning, including but not limited to bonfires and recreational fires, see Section 307. For fires, including a small fire, in wildfire risk areas, see "Activities in wildfire risk areas" permit requirements (Sections 105.5.55.1 and 326.2).

Sections 105.5.55.1, 105.5.55.10, and 326.2 are added by LAC to read as follows:
105.5.55.1 Activities in wildfire risk areas. An operational permit is required for any of the activities as described in Section 326.2 of this code. . . .

105.5.55.10 Recreational fire. See "Open burning" permit (Sections 105.5.34 and 307), and "Activities in wildfire risk areas" permit (Sections 105.5.55.1 and 326.2) requirements.
. . .
326.2 Permit required. Permits shall be required as set forth in Sections 105.5 and 105.6.
274
Bonfire & Recreational-Fire Permit Triggers
2023 LACFC

No person shall establish or conduct any of the following or similar activities in a wildfire risk area without first securing a permit:

1. Recreational activities including, but not limited to, rifle ranges, carnivals and fairs, public assembly events, fireworks, overnight camping, and open burning.

2. Temporary or permanent activities including, but not limited to, stands for cooking or other activities which could provide a source of ignition.

Section 307 is amended by LAC to read as follows:

SECTION 307

OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR

FIREPLACES
307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.7.
307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.

Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official. 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.5 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled.

A permit shall be obtained from the fire code official in accordance with Section 105.5 prior to kindling a recreational fire where the fuel is not contained as described in Chapter 3 nor limited as defined in Section 202, RECREATIONAL FIRE, to having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
307.2.1 Authorization. Where required by State or local law or regulations, open burning shall only be permitted with prior approval from the fire code official, a United States Forest Service Officer having jurisdiction, or the State or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
307.3 Extinguishment authority. Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.
275
Bonfire & Recreational-Fire Permit Triggers
2023 LACFC

307.4 Location. The location for open burning shall be not less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure.

Exceptions:

1. Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.

2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
307.4.1 Bonfires. A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit.

Conditions that could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition.
307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.
307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.

Exception: Portable outdoor fireplaces used at one- and two-family dwellings.
307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. 307.6 Open fires. Permits shall be required as set forth in Section 105.6.

A person shall not build, light, maintain, or cause or permit to be built, lighted, or maintained, any open outdoor fire or use or cause or permit to be used, any open outdoor fire for any purpose except:

1. When such fire is set or permission for such fire is given in the performance of the official duty of any public officer, and the fire, in the opinion of such public officer, is necessary for:
(i) The purpose of the prevention of a fire hazard which cannot be abated by any other means; or
(ii) The instruction of public employees in the methods of fighting fire.

2. When such fire is set pursuant to permit on property used for industrial or institutional purposes for the purpose of instruction of employees in methods of fighting fire.

3. When such fire is set in the course of any agricultural operation in the growing of crops or raising of fowl or animals.
276
Bonfire & Recreational-Fire Permit Triggers
2023 LACFC

4. On a public beach area owned, managed, or controlled by the County, otherwise permitted by this code.

5. In a County-owned park or recreation camp as otherwise permitted by this code.

6. Bonfires permitted by the fire code official.

7. For cooking, recreational, or ceremonial fires on private property with a maximum fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height, in locations outside of wildfire risk areas. 307.7 Designated open fire areas. The fire code official is authorized to designate places on private property, with the permission of the owner thereof, or upon any public road, or within any public park, or upon any public land, where open fires may be built.

The fire code official may place or cause to be placed uniform signs or posters on or at such premises indicating the place or limits where such fires may be built and maintained without further permission; however, it shall be unlawful to leave, or cause or permit to be left unattended, any fire burning in such place. 277
Agenda Item No.: 16.A
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT
CODE § 54956.9(C) AND (D)(4) REGARDING THE DECISION OF
WHETHER TO INITIATE LITIGATION (1 CASE)
DATE: June 10, 2024
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

None.

ATTACHMENTS:
278
Agenda Item No.: 16.B
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) AND (E)(3)

THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL

COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION.

NUMBER OF POTENTIAL CASES: (7)
(GOVERNMENT CLAIMS ACT FORM SUBMITTED BY VARIOUS

PROPERTY OWNERS IN RANCHO PALOS VERDES AGAINST THE

CITY OF ROLLING HILLS ALLEGING DAMAGE TO PROPERTY)
DATE: June 10, 2024
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

None.

ATTACHMENTS:
279