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 items not 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 JUNE 10, 2024
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting
CITY COUNCIL
Monday, June 10, 2024
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. 1370 Next Ordinance No. 385
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: MAY 13, 2024
REGULAR MEETING
RECOMMENDATION: Approve as presented.
8.D. PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.
8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR APRIL 2024
RECOMMENDATION: Receive and file.
8.F. APPROVE THE FOLLOWING STANDING COMMITTEE MINUTES: JANUARY 12, 2024 SOLID WASTE & RECYCLING COMMITTEE SPECIAL MEETING MARCH 11, 2024 AND MAY 6, 2024 FINANCE, BUDGET, AND AUDIT COMMITTEE
REGULAR MEETINGS
RECOMMENDATION: Approve as presented.
8.G. ADOPT RESOLUTION NO. 1366, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, IN SUPPORT OF THE
HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT
(INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 RECOMMENDATION: Approve as presented.
8.H. ADOPT RESOLUTION NO. 1367, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING ITS AVAILABLE
PROPOSITION C TRANSPORTATION FUNDS TO THE CITY OF ROLLING
HILLS ESTATES FOR THE REHABILITATION OF DEEP VALLEY DRIVE /
DRYBANK DRIVE / INDIAN PEAK ROAD
RECOMMENDATION:
Approve as presented.
CL_AGN_240610_CC_AffidavitofPosting.pdf
CL_MIN_240513_CC_F.pdf
CL_AGN_240527_CC_PaymentOfBills_E.pdf
CL_AGN_240610_CC_PaymentOfBills_E.pdf
VC_REP_240521_April_YTD_TonnageReport.pdf
VC_REP_240521_April_C&D_Report.pdf
VC_REP_240521_April_CallLog_Redacted.pdf
VC_REP_240528_April_ComplaintsList2024_F_Redacted.pdf
VC_REP_240528_April_RedTagList.pdf
CL_MIN_231012_SWR_F.pdf
CL_MIN_240311_FBA_F.pdf
CL_MIN_240506_FBA_F.pdf
ResolutionNo1366_StateBallotInitiative_23-0017A1_Support.pdf 2 8.I. REAPPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JTL CONSULTANTS FOR $5,000 PER FISCAL YEAR FOR ON-CALL ARBORIST
SERVICES TO SUPPORT STAFF IN FIRE FUEL ABATEMENT CODE
ENFORCEMENT CASES
RECOMMENDATION: Approve as presented.
9. EXCLUDED CONSENT CALENDAR ITEMS
10. COMMISSION ITEMS
11. PUBLIC HEARINGS
11.A. CONSIDERATION OF RESOLUTION NO. 1364 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FISCAL YEAR 2024-2025 CITY OF ROLLING HILLS BUDGET INCLUDING THE GENERAL FUND; REFUSE COLLECTION FUND; TRANSIT FUND - MEASURE R; TRANSIT FUND - MEASURE M; TRANSIT FUND - PROPOSITION A; TRANSIT FUND - PROPOSITION C; COPS FUND; MEASURE W FUND; AND RESOLUTION NO. 1365 ESTABLISHING THE ANNUAL FISCAL YEAR 2024-2025
APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS RECOMMENDATION: Approve as presented.
12. OLD BUSINESS
12.A. ADOPT RESOLUTION NO. 1368, 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 $66,345.73 IN FUND 16 FROM A TRANSFER OF GENERAL FUND RESERVES FOR PROVIDING SPECIALTY POTHOLING SERVICES WITHIN THE 20B
PORTION OF THE EASTFIELD DRIVE FIRE PREVENTION POWER LINE
UNDERGROUNDING PROJECT
RECOMMENDATION: Approve as presented.
13. NEW BUSINESS
13.A. FISCAL YEAR 2023/24 THIRD QUARTER INTERIM FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED MARCH 31, 2024
RECOMMENDATION: Receive and file.
ResolutionNo1367_PropC_Funds_RHE_F.pdf
Exhibit A - CA_AGR_Agrmnt_JTL Consultants -Arborist_20240610_JTL_Signed_F.pdf Exhibit B - Agrmnt_JTL Consultants -Arborist_2019-07-22.pdf Attachment A - CL_AGN_240610_CC_GeneralFund_BudgetBalancing.pdf Attachment B - CL-AGN_240610_CC_GeneralFund_AdoptedRevenues.pdf Attachment C - CL_AGN_240610_CC_GeneralFund_AdoptedExpenditiures.pdf Attachment D - CL_AGN_240610_CC_Restricted_Refuse_Funds.pdf ResolutionNo1364_FY24-25_AdoptedBudget.pdf
ResolutionNo1365_FY24-25_AppropLimit.pdf
CL_PBN_240610_PH_CC_FY24-25_Budget_Affidavit.pdf
ResolutionNo1368_EastfieldDrive20B_Potholing_BudgetAmendment_F.pdf CA_AGR_240422_HotLineConst_Eastfield_UU_20B_Potholing.pdf 3 13.B. ADOPT RESOLUTION NO. 1369 APPROVING A FIVE-YEAR MUNICIPAL LAW
ENFORCEMENT SERVICES AGREEMENT (MLESA) WITH THE COUNTY OF
LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES OF THE LOS ANGELES COUNTY SHERIFF’S
DEPARTMENT ANNUALLY UP TO AN AMOUNT AUTHORIZED IN THE
CITY’S OPERATING AND CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2029; AND AUTHORIZE THE MAYOR TO EXECUTE
THE MLESA
RECOMMENDATION: Approve as presented.
14. MATTERS FROM THE CITY COUNCIL
14.A. RECEIVE AND FILE A VERBAL REPORT REGARDING HOMEOWNERS
INSURANCE RENEWAL CHALLENGES AND THE CALIFORNIA INSURANCE
COMMISSION'S EFFORT TO RESOLVE (MAYOR MIRSCH)
RECOMMENDATION: Receive and file.
15. MATTERS FROM STAFF
15.A. PRESENTATION REGARDING OPEN FIRE PITS WITHIN CITY LIMITS RECOMMENDATION: Receive and file or provide direction to staff.
16. RECESS TO CLOSED SESSION
16.A. 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)
RECOMMENDATION: None.
16.B. CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION Attachment A - CL_AGN_240610_CC_NarrativeAnalysis_FY23-24_Q3_Review.pdf Attachment B - CL_AGN_240610_CC_GeneralFund_Revenues.pdf Attachment C - CL_AGN_240610_CC_GeneralFund_Exp_ByDept.pdf Attachment D - CL_AGN_240610_CC_GeneralFund_Exp_Detail.pdf Attachment E - CL_AGN_240610_CC_Restricted_Funds.pdf
Attachment F - CL_AGN_240610_CC_GeneralFund_BudgetAmendments.pdf Attachment A - ResolutionNo1369_MLESA_FY2024-29_F.pdf
Attachment B - CA_AGR_240610_MLESA_2025-29_F.pdf
Attachment C - CA_AGR_190717_MLESA_2019-24_F_E.pdf
Attachment D - CA_AGR_230608_LACoSheriff_575Form_FY23-24_F_E.pdf Attachment E - GV_GVO_240610_CCA_LiabilityTrustFund_LOU_FinalDraft.pdf Attachment F - CA_AGR_1977_LACo_LASD_AssumptionOfLiability.pdf Attachment G - CA_AGR_1991_LACo_LASD_JointIndemnity.pdf Attachment H - CA_AGR_2009_LACo_LASD_SpecialIndemnity.pdf CL_AGN_240610_CC_051524_CAConsumerAlert.pdf
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 4 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)
RECOMMENDATION: None.
17. RECONVENE TO OPEN SESSION
18. ADJOURNMENT
Adjourning in Memory of longtime resident Parnelli Jones.
Next regular meeting: Monday, June 24, 2024 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
Notice:
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 5 Agenda Item No.: 8.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: APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 10, 2024
DATE: June 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
CL_AGN_240610_CC_AffidavitofPosting.pdf
6 Administrative Report
8.A., File # 2315 Meeting Date: 6/10/2024
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF JUNE 10, 2024
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 Adjourned Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window
City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time JUNE 10, 2024 7:00pm Open Session
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below.
Christian Horvath, City Clerk
Date: June 7, 2024
7 Agenda Item No.: 8.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: APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
DATE: June 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
8 Agenda Item No.: 8.C
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: APPROVE THE FOLLOWING CITY COUNCIL MINUTES: MAY 13, 2024
REGULAR MEETING
DATE: June 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_240513_CC_F.pdf
9 MINUTES – CITY COUNCIL MEETING
Monday, May 13, 2024
Minutes
Rolling Hills City Council
Monday, May 13, 2024
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 Mirsch presiding.
2. ROLL CALL
Councilmembers Present: Wilson, Black, Dieringer, Mayor Pro Tem Pieper, Mayor Mirsch Councilmembers Absent: None
Staff Present: Karina Bañales, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director
Robert Samario, Finance Operations Lead Consultant
Pat Donegan, City Attorney
3. PLEDGE OF ALLEGIANCE – Councilmember Black
4. PRESENTATIONS / PROCLAMATIONS / ANNOUNCEMENTS
City Manager Bañales introduced the new Administrative Assistant Serena Lopez. Mayor Mirsch invited Ms.
Lopez to speak. Ms. Lopez thanked the City Manager and City Council for the opportunity to officially join the organization.
5. APPROVE ORDER OF THE AGENDA
Mayor Mirsch requested that all New Business Items be moved before Commission Items. Without objection, so ordered.
6. BLUE FOLDER ITEMS (SUPPLEMENTAL)
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to receive and file Blue Folder Item 13A. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
7. PUBLIC COMMENT ON NON-AGENDA ITEMS
Public Comment: Kathleen Hughes
8. CONSENT CALENDAR
8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF MAY 13, 2024
10 MINUTES – CITY COUNCIL MEETING
Monday, May 13, 2024
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: APRIL 22, 2024 REGULAR MEETING
8.D. PULLED BY COUNCILMEMBER WILSON
8.E. PULLED BY MAYOR MIRSCH
8.F. ADOPT RESOLUTIONS NOS. 1362 AND 1363 PERTAINING TO A GENERAL MUNICIPAL
ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
Motion by Mayor Pro Tem Pieper, seconded by Mayor Mirsch to approve Consent Calendar except Items 8D and 8E. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
9. EXCLUDED CONSENT CALENDAR ITEMS
8.D. PAYMENT OF BILLS
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Wilson to approve as presented. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
8.E. REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR MARCH 2024 Mayor Mirsch requested staff discuss the required diversion rate not being met for multiple months with Republic Services.
Motion by Mayor Mirsch, seconded by Mayor Pro Tem Pieper to receive and file. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
Mayor Mirsch moved to New Business.
13. NEW BUSINESS
13.A. FISCAL YEAR 2024/25 PROPOSED BUDGET - REPORT ON FINANCE COMMITTEE
RECOMMENDATIONS
Presentation by Finance Operations Lead Consultant Robert Samario 11 MINUTES – CITY COUNCIL MEETING
Monday, May 13, 2024
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Wilson to approve Finance/Budget/Audit Committee and staff recommendations as presented. Motion carried with the following vote:
AYES: Wilson, Black, Pieper, Mayor Mirsch
NOES: Dieringer
ABSENT: None
13.B. CONSIDERATION AND POSSIBLE ACTION TO PROCEED WITH IRS CODE SECTION 170(C)(1)
FOR CHARITABLE CONTRIBUTIONS USED FOR PUBLIC PURPOSES
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Jim Aichele
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Dieringer to receive and file and directing staff to return with a formal policy for accepting gifts and donations for public purposes based on Council comments and direction. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
Mayor Mirsch moved to Item 10B
10. COMMISSION ITEMS
10.B. ZONING CASE NO. 23-056: SITE PLAN REVIEW FOR GRADING AND VARIANCE TO RETAIN GRADING IMPORT FOR A PROPERTY LOCATED AT 29 MIDDLERIDGE LANE SOUTH, AND
FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 239-A-6-MS) (JOHNSON)
Presentation by Planning & Community Services Director John Signo Public Comment: Ken Johnson
Motion by Councilmember Black, seconded by Councilmember Wilson to receive and file. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
Mayor Mirsch recused herself from Item 10A due to her residence being within proximity of the Zoning Case subject and left the dais at 8:40 p.m. Mayor Pro Tem Pieper assumed the presiding officer duties.
10.A. ZONING CASE NO. 23-150: SITE PLAN REVIEW TO CONSTRUCT ADDITIONS TO AN EXISTING RESIDENCE AND STABLE GREATER THAN 999 SQUARE FEET, NEW BASEMENT,
SWIMMING POOL, OUTDOOR KITCHEN, RETAINING WALLS, COVERED DECKS/PORCHES, GRADING, HARDSCAPE, LANDSCAPE, AND OTHER IMPROVEMENTS; AND VARIANCES
FOR CONSTRUCTION IN THE FRONT AND REAR YARD SETBACKS FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-RH) (WHITCOMBE)
12 MINUTES – CITY COUNCIL MEETING
Monday, May 13, 2024
Presentation by Planning & Community Services Director John Signo Public Comment: Jim Aichele
Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file. Motion carried with the following vote:
AYES: Wilson, Black, Dieringer, Mayor Pro Tem Pieper
NOES: None
ABSENT: Mayor Mirsch
Mayor Mirsch returned to the dais at 9:19 p.m.
11. PUBLIC HEARINGS – NONE
12. OLD BUSINESS – NONE
14. MATTERS FROM THE CITY COUNCIL
14.A. CONSIDERATION OF RESOLUTION IN SUPPORT OF THE BI-PARTISAN HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 (COUNCILMEMBER DIERINGER)
Presentation by City Manager Karina Bañales
Councilmember Dieringer
Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to support the initiative and direct staff to return with the draft resolution as amended by Mayor Mirsch for adoption. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
15. MATTERS FROM STAFF
15.A. CONSIDERATION OF SUPPORTING RETAIL THEFT LEGISLATION IN THE CALIFORNIA
LEGISLATURE THAT WOULD STRENGTHEN PUBLIC SAFETY
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath Councilmember Dieringer introduced a revised Letter of Support for AB 2943.
Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file Councilmember Dieringer’s submission. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
Public Comment: Jim Aichele
13 MINUTES – CITY COUNCIL MEETING
Monday, May 13, 2024
Motion by Councilmember Dieringer, seconded by Councilmember Black to send Letters of Support for all pending legislation presented except AB 1772, AB 1779 and AB 1794; and to accept Councilmember Dieringer’s amendments to the letter supporting AB 2943. Motion carried unanimously with the following vote:
AYES: Wilson, Black, Dieringer, Pieper, Mayor Mirsch
NOES: None
ABSENT: None
16. RECESS TO CLOSED SESSION – 9:38 P.M.
16.A. 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: 1(GOVERNMENT CLAIMS ACT FORM SUBMITTED BY MR. DONALD SCHMID AGAINST THE CITY OF ROLLING HILLS
ALLEGING DAMAGE TO PROPERTY IN RANCHOS PALOS VERDES)
17. RECONVENE TO OPEN SESSION – 10:50 P.M.
18. ADJOURNMENT: 10:50 P.M.
The meeting was adjourned at 10:50 p.m. on May 13, 2024. The next regular adjourned meeting of the City Council is scheduled to be held on Monday, June 10, 2024 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,
____________________________________
Leah Mirsch, Mayor
14 Agenda Item No.: 8.D
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: PAYMENT OF BILLS
DATE: June 10, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_240527_CC_PaymentOfBills_E.pdf
CL_AGN_240610_CC_PaymentOfBills_E.pdf
15 16
17 18
19 Agenda Item No.: 8.E
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: REPUBLIC SERVICES RECYCLING TONNAGE AND COMPLAINT REPORTS FOR APRIL 2024
DATE: June 10, 2024
BACKGROUND:
Please note that Republic has been asked to provide footnotes per Council direction. They will try to accommodate on future reports.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
VC_REP_240521_April_YTD_TonnageReport.pdf
VC_REP_240521_April_C&D_Report.pdf
VC_REP_240521_April_CallLog_Redacted.pdf
VC_REP_240528_April_ComplaintsList2024_F_Redacted.pdf
VC_REP_240528_April_RedTagList.pdf
20 Year 2024
Franchise Y/N Y
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % 1 Greenwaste 79.86 79.86 - 100.00%
Trash 247.10 - 247.10 0.00%
1 Total 326.96 79.86 247.10 24.43%
2 Greenwaste 51.72 51.72 - 100.00%
Trash 198.13 - 198.13 0.00%
2 Total 249.85 51.72 198.13 20.70%
3 Greenwaste 53.42 53.42 - 100.00%
Trash 199.60 - 199.60 0.00%
3 Total 253.02 53.42 199.60 21.11%
4 Greenwaste 116.50 116.50 - 100.00%
Trash 183.05 - 183.05 0.00%
Trash - Free Residential Roll Off Bin 3.76 - 3.76 0.00% 4 Total 303.31 116.50 186.81 38.41%
Grand Total 1,133.14 301.50 831.64 26.61%
CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE
2024
21 Year 2024
Franchise Y/N N
Month Commodity Tons Collected Tons Recovered Tons Disposed Diversion % 1 Greenwaste 19.61 19.61 - 100.00%
Recycle 0.27 0.04 0.23 15.00%
Trash 59.97 - 59.97 0.00%
Organics 0.16 0.10 0.06 61.71%
C&D 4.27 3.43 0.84 80.24%
1 Total 84.29 23.18 61.11 27.50%
2 Greenwaste 16.94 16.94 - 100.00%
Recycle 0.29 0.11 0.18 37.67%
Trash 57.05 - 57.05 0.00%
C&D 11.29 9.05 2.25 80.10%
2 Total 85.57 26.09 59.47 30.50%
3 Greenwaste 6.42 6.42 - 100.00%
Recycle 0.22 0.08 0.13 38.48%
Trash 35.05 - 35.05 0.00%
3 Total 41.69 6.50 35.19 15.60%
4 Greenwaste 11.07 11.07 - 100.00%
Recycle 0.27 0.11 0.16 40.00%
Trash 46.40 - 46.40 0.00%
4 Total 57.74 11.18 46.56 19.36%
Grand Total 269.28 66.95 202.33 24.86%
CITY OF ROLLING HILLS NON-FRANCHISE
2024
22 Republic Services City of Rolling Hills
C&D Report Reporting Period April-24
Disposal Site Material Loads Taken Tons Collected
No C&D to Report
Summary
Row Labels Sum of Tons Collected
(blank)
Grand Total
23 Republic Services Call Log Report
City: Rolling Hills
Year 2024
Month/Quarter 4
Summary of Calls by Type
Final Call
Final Call Type Sub-Type Total
2.Complaint Escalation 1
2.Complaint Total 1
3.Missed Pick Up Missed Recycle - Residential 2
Missed Trash - Residential 7
Missed Yard Waste - Residential 4
3.Missed Pick Up Total 13
Grand Total 14
Pg 1 of 4
24 Republic Services Call Log Report
Final Call Type Sub-Type Case Number
Date/Time
Opened
Date/Time
Closed Created By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone
2.Complaint Escalation 20240409-191041727
4/9/2024 3:19
PM
4/9/2024
4:51 PM
SARAH
HONER
Lulu Akino (424) 206-
9824 called to report an
issue. cx needs a driver
to return for service
today the driver serviced
her neighbors but left
her carts behind this is
the second week this has
happened and she says it
happened a few weeks
ago as well pleas
on schedule for
4/11/2024...rh
RESI 9020003567 1
CURRENT
RESIDENT
29 EASTFIELD DR
ROLLING HILLS CA
(000) 000-0000
3.Missed Pick Up Missed Recycle - Residential 20240409-191002037 4/9/2024
10:32 AM
4/9/2024
3:53 PM
Joanne
Solis (blank) (blank) RESI 9020003487 1
CURRENT
RESIDENT
30 CREST RD E
ROLLING HILLS CA
(000) 000-0000
3.Missed Pick Up Missed Recycle - Residential 20240430-192342395 4/30/2024
8:53 AM
4/30/2024
11:15 PM
Christian
Salvador
Cacho
(blank) (blank) RESI 9020003653 1
CURRENT
RESIDENT
9 GEORGEFF RD
ROLLING HILLS CA
3.Missed Pick Up Missed Trash - Residential 20240409-191041494 4/9/2024 3:16
PM
4/9/2024
3:53 PM
SARAH
HONER (blank) (blank) RESI 9020003567 1
CURRENT
RESIDENT
29 EASTFIELD DR
ROLLING HILLS CA
(000) 000-0000
3.Missed Pick Up Missed Trash - Residential 20240410-191134464 4/10/2024
3:54 PM
4/10/2024
3:56 PM
Daniel
Ramon
Ochoa
(blank) (blank) RESI 9020003082 1
CURRENT
RESIDENT
0 BUGGY WHIP DR
ROLLING HILLS CA
(000) 000-0000
Pg 2 of 4
25 Republic Services Call Log Report
Final Call Type Sub-Type Case Number
Date/Time
Opened
Date/Time
Closed Created By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone
3.Missed Pick Up Missed Trash - Residential 20240416-191498247 4/16/2024
3:57 PM
4/19/2024
10:44 PM
Rechelle
Bradford (blank) (blank) RESI 9020003348 1
CURRENT
RESIDENT
38 CHUCKWAGON RD
ROLLING HILLS CA
(000) 000-0000
3.Missed Pick Up Missed Trash - Residential 20240412-191261952 4/12/2024
9:55 AM
4/16/2024
10:46 PM
Joel
Alfredo
Inzunza
(blank) (blank) RESI 9020003617 1 RESIDENT
85 EASTFIELD DR
ROLLING HILLS CA
3.Missed Pick Up Missed Trash - Residential 20240413-191311658 4/13/2024
11:09 AM
4/17/2024
10:46 PM
Brieana
Smith (blank) (blank) RESI 9020003355 1
CURRENT
RESIDENT
44 CHUCKWAGON RD
ROLLING HILLS CA
(000) 000-0000
3.Missed Pick Up Missed Trash - Residential 20240412-191303091 4/12/2024
3:15 PM
4/16/2024
10:46 PM
Lanisha
Reed (blank) (blank) RESI 9020003036 1
CURRENT
RESIDENT
4 BOWIE RD ROLLING
HILLS CA
3.Missed Pick Up Missed Trash - Residential 20240430-192342279 4/30/2024
8:52 AM
4/30/2024
11:15 PM
Christian
Salvador
Cacho
(blank) (blank) RESI 9020003653 1
CURRENT
RESIDENT
9 GEORGEFF RD
ROLLING HILLS CA
3.Missed Pick Up Missed Yard Waste - Residential 20240424-191970225 4/24/2024
8:03 AM
4/26/2024
10:45 PM
Manuel
Alfredo
Hernandez
(blank) (blank) RESI 9020003082 1
CURRENT
RESIDENT
0 BUGGY WHIP DR
ROLLING HILLS CA
(000) 000-0000
Pg 3 of 4
26 Republic Services Call Log Report
Final Call Type Sub-Type Case Number
Date/Time
Opened
Date/Time
Closed Created By Request Description Resolution Comments Customer Category Account Number Site Account Name Site Address Phone
3.Missed Pick Up Missed Yard Waste - Residential 20240412-191262215 4/12/2024
9:57 AM
4/16/2024
10:46 PM
Joel
Alfredo
Inzunza
(blank) (blank) RESI 9020003617 1 RESIDENT
85 EASTFIELD DR
ROLLING HILLS CA
3.Missed Pick Up Missed Yard Waste - Residential 20240409-191002137 4/9/2024
10:33 AM
4/9/2024
3:54 PM
Joanne
Solis (blank) (blank) RESI 9020003487 1
CURRENT
RESIDENT
30 CREST RD E
ROLLING HILLS CA
(000) 000-0000
3.Missed Pick Up Missed Yard Waste - Residential 20240430-192342479 4/30/2024
8:54 AM
4/30/2024
11:15 PM
Christian
Salvador
Cacho
(blank) (blank) RESI 9020003653 1
CURRENT
RESIDENT
9 GEORGEFF RD
ROLLING HILLS CA
Pg 4 of 4
27 City of Rolling Hills Republic Complaint Log - April 2024 Date of Issue Time Issue/Complaint Resident Name Resident Address Republic contacted Republic Reponse Date Reponse Time of Reponse Resolved 4/2/2024 9:00AM Missed Green Waste on Friday 73 Portuguese Bend Rd. Addrian Orssten Miguel Ruiz 4/2/2024 4:00PM yes 4/2/2024 2:15PM Missed Regular Trash Pickup on Friday 27 Eastfield Dr. Miguel Ruiz Miguel Ruiz 4/2/2024 4:00PM yes 4/2/2024 4:57PM Missed Regular Trash Pickup on Friday 25 Eastfield Dr. Miguel Ruiz Miguel Ruiz 4/2/2024 5:00PM yes 4/5/2024 8:40AM Missed Regular Trash Pickup on
Thursday 7 Middleridge Ln. N Miguel Ruiz Miguel Ruiz 4/5/2024 3:09PM yes 4/5/2024 9:06AM Missed Regular Trash Pickup on
Thursday 7 Buggywhip Dr. Miguel Ruiz Miguel Ruiz 4/5/2024 3:09PM yes 4/5/2024 3:21PM Missed Regular Trash Pickup 3 Eastfield Dr. Miguel Ruiz Miguel Ruiz 4/5/2024 4:37PM yes 4/5/2024 4:26PM Missed Regular Trash pickup 15 Eastfield Dr. Miguel Ruiz Miguel Ruiz 4/5/2024 4:37PM yes 4/8/2024 10:01AM Missed Regular Trash Pickup 14 Upper Blackwater Cyn. Tanasha Malone Tanasha Malone 4/8/2024 10:22AM yes 4/10/2024 9:35AM Missed Regular Trash Pickup Thurs and
Mon
20 Crest Rd. E Tanasha Malone Tanasha Malone 4/10/2024 9:57AM yes 4/12/2024 12:41PM Missed Regular Trash pickup &
Greenwaste
85 Eastfield Dr. Tanasha Malone Tanasha Malone 4/12/2024 12:51PM yes 4/12/2024 12:54PM Missed Trash and Greenwaste 1 Appaloosa Ln. Tanasha Malone Tanasha Malone 4/12/2024 1:11PM yes 4/12/2024 5:00PM Frequently Missed Trash Pickup 15 Eastfield Dr. Tanasha Malone Tanasha Malone No Response No Response no 4/12/2024 3:53PM Missed Trash & Greenwaste 1 HummingBird Ln. Tanasha Malone Tanasha Malone No Response No Response no 4/15/2024 8:41AM Frequently Missed Trash & Greenwaste 15 Eastfield Dr. Tanasha Malone Tanasha Malone 4/15/2024 4/15/2024 yes 4/15/2024 8:41AM Missed Trash & Greenwaste 1 Humminbird Ln. Tanasha Malone Tanasha Malone 4/15/2024 4/16/2024 no 4/15/2024 3:40PM Missed Trash & Greenwaste 1 Hummingbird Ln. Tanasha Malone Tanasha Malone 4/15/2024 4/16/2024 yes 4/15/2024 2:10PM Missed Trash &Greenwaste 4 Appaloosa Lane Tanasha Malone Tanasha Malone 4/15/2024 4/15/2024 yes 4/16/2024 1:07PM Missed Trash Pickup Since Last Week 87 Eastfield Dr. Tanasha Malone Tanasha Malone 4/16/2024 1:12PM yes 4/16/2024 1:18PM Missed Trash Pickup Since Last week Caballeros Ring on Poppytrail Tanasha Malone Tanasha Malone 4/16/2024 1:41PM yes 4/16/2024 2:05PM Missed Trash Pickup Since Last Week 9 Eastfield Dr. Tanasha Malone Tanasha Malone No Response No Response yes 4/16/2024 2:23PM Missed Trash Pickup Since Last Week 3 Eastfield Dr. Tanasha Malone Tanasha Malone No Response No Response yes 4/16/2024 3:01 PM Missed Trash Pickup 44 Chuckwagon Tanasha Malone Tanasha Malone No Response No Response yes 4/17/2024 2:54PM Missed Trash Pickup 32 Portuguese Bend Rd. Tanasha Malone Tanasha Malone No Response No Response yes 4/18/2024 2:07PM Missed Trash Pickup Again 32 Portuguese Bend Rd. Tanasha Malone Tanasha Malone No Response No Response yes 4/19/2024 2:40PM Missed Trash Pickup 36 Eastfield Dr. Tanasha Malone Tanasha Malone No Response No Response yes 4/22/2024 11:06AM Missed Trash Pickup 25 Chuckwagon Rd. Tanasha Malone Tanasha Malone No Response No Response yes 4/22/2024 3:49PM Missed Trash Pickup 2724 P.V Dr. N. Tanasha Malone Tanasha Malone 4/23/2024 12:54PM yes 4/23/2024 11:01AM Missed Regular Trash Pickup 2738 PV Dr. N Tanasha Malone Tanasha Malone 4/23/2024 12:54PM yes 4/24/2024 8:30AM Missed Green Waste Pickup For 2
Weeks 0 Buggy Whip Drive Tanasha Malone Tanasha Malone 4/24/2024 11:01AM yes 4/26/2024 12:38PM Missed Green Waste 63 Crest Rd. E. Tanasha Malone Tanasha Malone 4/26/2024 3:24PM yes 28 City of Rolling Hills Republic Red Tag List - April 2024 Republic Services - Red Tag List
Date of Issue Time Issue
Resident
Name
Resident
Address
Republic
contacted
Republic
Reponse Date Reponse
Time of
Reponse
Resolved
4/22/2024
Red Tag: Green
Waste Overload/
Not Bundled
Resident Tanasha Malone Tanasha Malone 4/22/2024 yes
29 Agenda Item No.: 8.F
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: APPROVE THE FOLLOWING STANDING COMMITTEE MINUTES:
JANUARY 12, 2024 SOLID WASTE & RECYCLING COMMITTEE
SPECIAL MEETING
MARCH 11, 2024 AND MAY 6, 2024 FINANCE, BUDGET, AND AUDIT
COMMITTEE REGULAR MEETINGS
DATE: June 10, 2024
BACKGROUND:
It appears that historically, City staff has not kept official minutes of standing committee meetings that fall within the requirements of the Brown Act. The City Clerk's department recently started rectifying this situation with the Solid Waste & Recycling Committee prior to reconstituting it as an ad hoc committee. Since that body will no longer meet and approve its minutes under consent, its final meeting is attached for approval by the City Council.
Likewise, the two recent Finance/Budget/Audit Committee meeting minutes are attached for approval by the Council since they will not meet again until after the 2025 Budget calendar is created next January.
Staff will continue to bring minutes before the standing committee meeting bodies unless they are no longer scheduled to meet in a calendar year, at which time they will then be brought before the City Council for approval.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
30 ATTACHMENTS:
CL_MIN_231012_SWR_F.pdf
CL_MIN_240311_FBA_F.pdf
CL_MIN_240506_FBA_F.pdf
31 MINUTES – SOLID WASTE & RECYCLING COMMITTEE MEETING
Friday, January 12, 2024
Minutes
Rolling Hills Solid Waste & Recycling Committee
Friday, January 12, 2024
Special Meeting 4:00 p.m.
1. CALL TO ORDER
The Solid Waste & Recycling Committee of the City of Rolling Hills met on the above date at 4:01 p.m.
2. ROLL CALL
Members Present: Wilson, Mayor Mirsch
Members Absent: None
Staff Present: Karina Bañales, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager
3. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE
4. CONSENT CALENDAR
4.A. APPROVE AFFIDAVIT OF POSTING FOR THE SPECIAL SOLID WASTE AND RECYCLING COMMITTEE MEETING OF JANUARY 12, 2024
4.B. APPROVE THE FOLLOWING SOLID WASTE AND RECYCLING COMMITTEE MINUTES: JULY 13, 2023; OCTOBER 3, 2023
Motion by Councilmember Wilson, seconded by Mayor Mirsch to approve Consent Calendar items. Motion carried unanimously with the following vote:
AYES: Wilson, Mayor Mirsch
NOES: None
5. OLD BUSINESS
5.A. DISCUSSION ON UPDATES REGARDING REPUBLIC SERVICES FIELD OPERATION ISSUES
AND EXPANSION OF MOTHER TRUCK STAGING SITE LOCATIONS
Presentation by City Manager Karina Bañales
City Clerk / Executive Assistant to the City Manager Christian Horvath Public Comment: Heidi Mackenbach
Staff presented an update on discussions, meetings and actions taken in the past 6-8 months. The committee asked questions and discussion ensued.
Staff received direction from the committee on the following: continue working with Republic operational issues such as trash trucks breaking down, timely trash collection, responsiveness to resident concerns, monitoring the Republic reporting log, and ensuring it aligns with the City’s systems.
The committee also discussed mother truck staging locations and Republic revisiting 2010 council-approved staging locations and investigating potential new locations. Staff reported that effective Monday, January 15, Republic will begin staging their mother truck at eight of the fourteen 2010 City Council-approved staging 32 MINUTES – SOLID WASTE & RECYCLING COMMITTEE MEETING
Friday, January 12, 2024
locations to be used once a week for half the day. Some will be there in the morning and others in the afternoon.
Mayor Mirsch discussed the potential creation of a “kitchen cabinet” group comprised of herself and some residents to discuss potential solutions to current issues that can be brought back to staff and the Committee for formal discussion.
6. NEW BUSINESS – NONE
7. ITEMS FROM STAFF – NONE
8. ITEMS FROM SOLID WASTE & RECYCLING COMMITTEE – NONE
9. ADJOURNMENT: 5:19 P.M.
The meeting was adjourned at 5:19 p.m.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Leah Mirsch, Mayor
33 MINUTES – FINANCE/BUDGET/AUDIT COMMITTEE MEETING
Monday, March 11, 2024
Minutes
Rolling Hills Finance/Budget/Audit Committee
Monday, March 11, 2024
Special Meeting 6:00 p.m.
CALL TO ORDER
The Finance/Budget/Audit Committee of the City of Rolling Hills met in person on the above date at 6:04 p.m.
ROLL CALL
Members Present: Pieper, Black
Members Absent: None
Staff Present: Karina Bañales, City Manager
Robert Samario, Finance Director
Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE
4. CONSENT CALENDAR
4.A. APPROVE AFFIDAVIT OF POSTING FOR THE SPECIAL FINANCE/BUDGET/AUDIT COMMITTEE MEETING OF MARCH 11, 2024
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to approve Consent Calendar. Motion carried unanimously with the following vote:
AYES: Black, Pieper
NOES: None
ABSENT: None
5. DISCUSSION ITEMS
5.A. PRELIMINARY FISCAL YEAR 2024/25 PROJECTIONS AND BALANCING Presentation by Robert Samario, Finance Director
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote:
AYES: Black, Pieper
NOES: None
ABSENT: None
6. ITEMS FROM THE FINANCE BUDGET AUDIT COMMITTEE – NONE 34 MINUTES – FINANCE/BUDGET/AUDIT COMMITTEE MEETING
Monday, March 11, 2024
7. ITEMS FROM STAFF – NONE
8. ADJOURNMENT: 6:26 P.M.
The meeting was adjourned at 6:26 p.m on March 11, 2024. The next regular meeting of the Finance/Budget/Audit Committee is scheduled to be held on Monday, May 6, 2024 beginning at 6:00 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,
____________________________________
Leah Mirsch, Mayor
35 MINUTES – FINANCE/BUDGET/AUDIT COMMITTEE MEETING
Monday, May 6, 2024
Minutes
Rolling Hills Finance/Budget/Audit Committee
Monday, May 6, 2024
Special Meeting 6:00 p.m.
CALL TO ORDER
The Finance/Budget/Audit Committee of the City of Rolling Hills met in person on the above date at 6:30 p.m.
ROLL CALL
Members Present: Pieper, Black
Members Absent: None
Staff Present: Karina Bañales, City Manager
Robert Samario, Finance Director
Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE
4. CONSENT CALENDAR
4.A. APPROVE AFFIDAVIT OF POSTING FOR THE SPECIAL FINANCE/BUDGET/AUDIT COMMITTEE MEETING OF MAY 6, 2024
Motion by Mayor Pro Tem Pieper, seconded by Councilmember Black to approve Consent Calendar. Motion carried unanimously with the following vote:
AYES: Black, Pieper
NOES: None
ABSENT: None
5. DISCUSSION ITEMS
5.A. REVIEW OF PROPOSED FISCAL YEAR 2024/25 GENERAL FUND EXPENDITURE BUDGET Presentation by Robert Samario, Finance Director
Motion by Councilmember Black, seconded by Mayor Pro Tem Pieper to receive and file the report, reduce the City Council expense from $7,500 to $5,000, and use Section 115 Trust Fund monies to make the annual payment to PERS for the UAL. Motion carried unanimously with the following vote:
AYES: Black, Pieper
NOES: None
ABSENT: None
6. ITEMS FROM THE FINANCE BUDGET AUDIT COMMITTEE – NONE 36 MINUTES – FINANCE/BUDGET/AUDIT COMMITTEE MEETING
Monday, May 6, 2024
7. ITEMS FROM STAFF – NONE
8. ADJOURNMENT: 7:12 P.M.
The meeting was adjourned at 7:12 p.m on May 6, 2024. The next regular meeting of the Finance/Budget/Audit Committee is to be determined in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rollinghills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Leah Mirsch, Mayor
37 Agenda Item No.: 8.G
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: ADOPT RESOLUTION NO. 1366, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, IN
SUPPORT OF THE HOMELESSNESS, DRUG ADDICTION, AND THEFT
REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47
DATE: June 10, 2024
BACKGROUND:
The Homelessness, Drug Addiction, and Theft Reduction Act (23-0017 A1) is a comprehensive legislative proposal meticulously designed to address the complex and interconnected issues of homelessness, drug addiction, and theft within communities. The Act outlines a wide array of strategies and interventions aimed at prevention, treatment, and enforcement to comprehensively address the root causes and consequences of these societal challenges.
Californians for Safer Communities is the official coalition leading the Homelessness, Drug Addiction, and Theft Reduction Act. They are currently collecting signatures for the Act to qualify for the 2024 November General Election. The Act would provide targeted reforms to Proposition 47 that the authors feel legislative proposals alone are unable to deliver.
Proposition 47 Safe Neighborhoods and Schools Act
Proposition 47, also known as the Safe Neighborhoods and Schools Act, was passed by California voters in 2014. It reclassified certain nonviolent offenses, such as drug possession and theft, from felonies to misdemeanors. The intent behind Proposition 47 was to reduce incarceration rates, prioritize rehabilitation, and redirect cost savings to support mental health and drug treatment programs. Since its enactment, Proposition 47 has generated discussion and debate regarding its effectiveness and unintended consequences. Supporters argue that 38 it has reduced prison overcrowding, provided opportunities for rehabilitation, and promoted fairness in sentencing. However, critics have raised concerns about its impact on public safety, citing an increase in property crimes and challenges related to homelessness and drug addiction.
Homelessness, Drug Addiction, and Theft Reduction Act
A new proposal, called The Homelessness, Drug Addiction and Theft Reduction Act, would amend parts of Proposition 47. The measure aims at reforming laws that have dramatically increased homelessness, drug addiction, and theft throughout California.
The measure proposes to:
Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.
Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.
Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.
Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed.
Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic hard drugs, and someone dies as a result.
Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.
Increase penalties for people who repeatedly engage in theft.
Introduce new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage or are committed by multiple thieves working together.
There is an argument that the leniency currently under Proposition 47 has led to skyrocketing theft in recent years. Under the new proposal, “an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property.” It would also allow prosecutors to add together the value of property stolen across multiple thefts to exceed the $950.00 threshold for a felony charge and create harsher punishments for organized retail theft rings. Proposition 47 turned most drug possession offenses from felonies to misdemeanors. Right now, non-prescription fentanyl is not listed on Proposition 47 as a hard drug, and the new proposal would create harsher penalties for people who deal fentanyl and other hard drugs.
The Homelessness, Drug Addiction, and Theft Reduction proposal is currently being circulated as a petition. Phase 1 (Qualification), which concludes on April 30, 2024. To qualify the measure for the November 2024 ballot, the law requires 546,651 valid signatures. If the threshold of valid signatures is reached in Phase 2, the initiative will go to California voters in November 2024. As of April 18, 2024, the Californians for Safer Communities, the official 39 coalition, announced that they had collected over 900,000 signatures.
DISCUSSION:
On May 13, 2024, the City Council approved a provided draft resolution, with modifications, in support of the Homelessness, Drug Addiction, and Theft Reduction Act Initiative 23-0017 A1.
The final version is attached to this report.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1366_StateBallotInitiative_23-0017A1_Support.pdf 40 Resolution No. 1366 -1-
RESOLUTION NO. 1366
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA IN
SUPPORT OF THE HOMELESSNESS, DRUG
ADDICTION, AND THEFT REDUCTION ACT
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
WHEREAS: Unintended consequences of Prop 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment.
WHEREAS: These unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47.
WHEREAS: Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act is currently collecting signatures to qualify for the 2024 November General Election
WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.
WHEREAS: Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught.
WHEREAS: This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets.
WHEREAS: The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California.
WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant Judges greater discretion in sentencing drug traffickers.
WHEREAS: It’s time for meaningful reforms to our justice system that ensure our communities are safe.
NOW, THEREFORE, BE IT RESOLVED by the City of Rolling Hills, that the City Council formally expresses support for the Homelessness, Drug 41 Resolution No. 1366 -2-
Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.
PASSED, APPROVED, AND ADOPTED this 10th day of June, 2024 ______________________________
LEAH MIRSCH
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
42 Resolution No. 1366 -3-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1366 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA IN
SUPPORT OF THE HOMELESSNESS, DRUG
ADDICTION, AND THEFT REDUCTION ACT
was approved and adopted at a regular meeting of the City Council on the 10th day of June 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
43 Agenda Item No.: 8.H
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: ADOPT RESOLUTION NO. 1367, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,
ASSIGNING ITS AVAILABLE PROPOSITION C TRANSPORTATION
FUNDS TO THE CITY OF ROLLING HILLS ESTATES FOR THE
REHABILITATION OF DEEP VALLEY DRIVE / DRYBANK DRIVE /
INDIAN PEAK ROAD
DATE: June 10, 2024
BACKGROUND:
The City annually receives countywide tax disbursements from Proposition A, Proposition C, Measure R, and Measure M funds to be used for transportation and transit-related purposes.
Proposition A and C funds are dedicated to transit and major arterial improvements. They are not eligible for use in Rolling Hills because the roads are privately owned and maintained.
Measure R and Measure M funds are eligible for transportation improvement projects on public properties. Historically, the City has solicited interest from other public agencies regarding the exchange of accumulated local return funds for General Fund monies (Proposition A) or donating local return funds towards transit/transportation-related purposes (Proposition C).
These funds have a five-year spend-down period, after which the expiring amount can lapse.
Since 2021, the City has accumulated approximately $89,000 in Proposition C Funds. On May 13, 2024, an email was sent to neighboring Peninsula cities inquiring about their interest in donating Proposition C funds.
DISCUSSION:
The City of Rolling Hills Estates (RHE) responded to Rolling Hills’ solicitation and is interested in using donated Proposition C funds to help with a capital project that will repair and resurface Deep Valley Drive / Drybank Drive / Indian Peak Road within their commercial 44 district as it also serves as a transit corridor. Staff recommends gifting of the City’s available Proposition C funds to Rolling Hills Estates to supplement the Deep Valley Drive / Drybank Drive / Indian Peak Road project.
FISCAL IMPACT:
PROPOSITION C
Fiscal Year (FY) Amount Benefiting
Agency Exchange RateGeneral FundRevenue
2002/2003 $ 46,146.50 RH Estates N/A N/A
2002/2003 $ 46,146.50 Rancho PV N/A N/A
2005/2006 $ 83,000.00 RH Estates N/A N/A
2008/2009 $ 38,174.00 Rancho PV N/A N/A
2008/2009 $ 38,174.00 RH Estates N/A N/A
2010/2011 $ 9,000.00 RH Estates N/A N/A
2010/2011 $ 18,000.00 Rancho PV N/A N/A
2010/2011 $ 3,000.00 PVP Transit N/A N/A
2012/2013 $ 40,000.00 RH Estates N/A N/A
2014/2015 $ 70,000.00 RH Estates N/A N/A
2016/2017 $ 65,000.00 RH Estates N/A N/A
2018/2019 $ 65,000.00 RH Estates N/A N/A
2020/2021 $ 39,000.00 RH Estates N/A N/A
2020/2021 $ 26,000.00 Rancho PV N/A N/A
2023/2024 Proposed $ 89,000.00 RH Estates N/A N/A
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1367_PropC_Funds_RHE_F.pdf
45 Resolution No. 1367 1
RESOLUTION NO. 1367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA ASSIGNING TO THE CITY
OF ROLLING HILLS ESTATES ITS AVAILABLE
PROPOSITION C TRANSPORTATION FUNDS
WHEREAS, the City of Rolling Hills has a fund balance of approximately $89,000 in Proposition C Local Return Funds for transportation projects; and WHEREAS, the City of Rolling Hills does not have projects that are eligible for funding with Proposition C Local Return Funds; and
WHEREAS, the City of Rolling Hills Estates has identified projects that qualify for funding with Proposition C Local Return Funds; and
WHEREAS, the City of Rolling Hills has a general interest in supporting eligible projects for transportation, to maintain traffic flow and to improve bicycle and pedestrian facilities on the Palos Verdes Peninsula; and
WHEREAS, the City of Rolling Hills has the specific interest in improving and resurfacing Deep Valley Drive / Drybank Drive / Indian Peak Road located in the commercial district serving the residents of the City of Rolling Hills.
WHEREAS, at this time the City wishes to the allocate Proposition C Local Return Funds to another public agency to be utilized for an eligible use; NOW, THEREFORE, the City Council of the City of Rolling Hills, California, does hereby resolve as follows:
Section 1. The City of Rolling Hills hereby assigns to the City of Rolling Hills Estates $89,000 in Proposition C Local Return Funds for Deep Valley Drive / Drybank Drive / Indian Peak Road Resurfacing Project.
Section 2. The City Council approves an Agreement for the assignment of said funds. Said Agreement is hereto attached as Exhibit “A” and is made a part hereof by reference.
Section 3. The City of Rolling Hills will submit its documentation for the Los Angeles Metropolitan Transportation Authority to allocate these funds to the City of Rolling Hills Estates for the appropriate eligible programs in the City.
Section 4. The City Clerk shall certify to the adoption of this Resolution and shall forward certified copies to the Los Angeles County Metropolitan Transportation Authority and the City of Rolling Hills Estates.
46 Resolution No. 1367 2
Section 5. The City Manager is hereby directed and authorized to execute any necessary documents, including, but not limited to agreements, amendments, forms, and applications to follow through with this transfer of funds.
Section 6. The City Clerk, or duly appointed deputy, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ON THIS 10th DAY OF JUNE 2024.
LEAH MIRSCH
MAYOR
ATTEST:
CHRISTIAN HORVATH
CITY CLERK
47 Resolution No. 1367 3
STATE OF CALIFORNIA )
COUNTY OF LOS
ANGELES
) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1367 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA ASSIGNING TO THE CITY
OF ROLLING HILLS ESTATES ITS AVAILABLE
PROPOSITION C TRANSPORTATION FUNDS
was approved and adopted at a regular meeting of the City Council on June 10, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CHRISTIAN HORVATH
CITY CLERK
48 EXHIBIT A
Resolution No. 1367 4
PROPOSITION C FUNDS ASSIGNMENT AGREEMENT
This Assignment Agreement is made and entered into this 10th day of June, 2024 by and between the City of Rolling Hills and the City of Rolling Hills Estates, with respect to the following facts:
A. The City of Rolling Hills Estates maintains the roadways and plans to resurface Deep Valley Drive / Drybank Drive / Indian Peak Road, located in the commercial district.
B. The City of Rolling Hills has an accumulation of uncommitted Proposition C Local Return funds which could be made available to the City of Rolling Hills Estates to assist in providing the services described in Paragraph A of this Agreement. The City of Rolling Hills is willing to assign uncommitted Proposition C Local Return funds to the City of Rolling Hills Estates for the purpose identified in Paragraph A.
Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows:
1. Gifting.
The City of Rolling Hills agrees to assign $89,000 of its uncommitted Proposition C Local Return funds to the City of Rolling Hills Estates in Fiscal Year 2023/2024.
2. Consideration.
The City of Rolling Hills shall assign the agreed upon Proposition C Local Return funds to the City of Rolling Hills Estates in one payment no later than June 30, 2024.
3. Term.
This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement.
4. Termination.
Termination of this Agreement may be made by either party before the date of approval of the project description covering the funds in question by the Metropolitan Transportation Authority, so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination.
5. Notices.
Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows:
49 EXHIBIT A
Resolution No. 1367 5
a. Karina Bañales, City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
b. Greg Grammer, City Manager
City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills, California 90274
6. Assurances.
a. The City of Rolling Hills Estates shall use the assigned Proposition C Local Return funds only for the purpose of providing the project discussed in Paragraph A of this Agreement and within the time limits specified in Metropolitan Transportation Authority’s Proposition C Local Return Guidelines.
b. Concurrently with the Execution of this Agreement, the City of Rolling Hills Estates shall provide the Metropolitan Transportation Authority with the Standard Assurances and Understandings Regarding Receipt of Use of Proposition C Funds specified in the Guidelines regarding the use of the assigned Proposition C Local Return Funds.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment Agreement to be executed by their respective officers, duly authorized, on the day and year written above.
50 EXHIBIT A
Resolution No. 1367 6
CITY OF ROLLING HILLS ESTATES
By:
Greg Grammer
City Manager
CITY OF ROLLING HILLS
By:
Karina Bañales
City Manager
ATTEST ATTEST:
By:
Lauren Pettit
City Clerk
By:
Christian Horvath
City Clerk
APPROVED AS TO FORM:
By:
Donald M. Davis
City Attorney
By:
Patrick Donegan,
City Attorney
51 Agenda Item No.: 8.I
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: REAPPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JTL CONSULTANTS FOR $5,000 PER FISCAL YEAR FOR ON-CALL
ARBORIST SERVICES TO SUPPORT STAFF IN FIRE FUEL
ABATEMENT CODE ENFORCEMENT CASES
DATE: June 10, 2024
BACKGROUND:
In 2018, the City Council implemented a city-wide pro-active dead vegetation enforcement program. In February 2019, the City Council amended its Fire Fuel Abatement Ordinance (Chapter 8.30 of the RHMC) to include dead trees and shrubs, dead or alive tumbleweeds, dead palm fronds, and other plants as a public nuisance. The City hired a part-time code enforcement officer to implement the proactive enforcement program. There are times when residents dispute staff’s determination that a plant is dead, claiming it is dormant or seasonal.
The staff's expertise is not in the condition of plants, and thus, an arborist is needed to determine the health of the vegetation in question.
On June 5, 2019, staff released a Request for Proposal (RPF) for arborist services. The scope of work included assisting city staff on an as-needed basis in identifying whether vegetation observed in the field during routine inspection is dead, regardless of the season. The arborist would also make recommendations on how to most effectively remove the vegetation without causing an environmental risk (including but not limited to erosion) and on appropriate replacement vegetation.
On June 20, 2019 two proposals were received from Warriner Associates and JTL Consultants. Proposals were to be selected based on qualifications, licensing, experience, references and cost.
On July 22, 2019, the City Council reviewed the proposals from the two arborists available on an as-needed basis. The responsibility includes helping staff identify dead vegetation and consult on other landscaping matters. Both proposals met the submittal requirements as outlined in the City’s RFP. Both proposals were submitted timely and demonstrated relevant 52 experience and capacity plus the required expertise, certifications, and licenses to perform the work. The arborists were expected to be on call no more than ten times a year, for an amount not to exceed $6,000. The City Council approved both contracts.
DISCUSSION:
The agreements executed in 2019 have both expired. Subsequently, staff reached out to both consultants to see if they are interested in continuing. JTL Consultants is interested and an updated agreement and previous agreement are included as Attachment A and B. Warriner Associates indicated they are no longer in the area and would not be able to serve.
A third arborist, Gregory MacDonald, was used in 2021 for a trees and views case between 59 and 61 Eastfield Drive. Mr. MacDonald was paid $480 for his services. Staff recently reached out to Mr. MacDonald to see if he was still interested in providing services but did not receive a response.
JTL Consultants remains on the City's Preferred Vendors list in case an arborist is needed.
The updated agreement with JTL Consultants is identical to the 2019 agreement with the exception of the dates, cost, and reference to a certificate of exemption from workers' compensation insurance to be included as Exhibit B. JTL Consultants has workers' compensation insurance, thus there is no need for the exemption. JTL Consultants will be responsible for assisting in determining whether certain vegetation and trees are dead, recommending effective removal, and recommending replacement. The rate is $200 per hour, representing the total cost for all labor, equipment, supplies, expenses, materials, and travel incurred by the consultant subject to a do not exceed the amount of $5,000 per fiscal year.
The contract is valid for one year from execution unless extended in writing by both parties.
Either party may terminate the agreement at any time, with or without cause, upon 30 days written notice to the other party.
It's worth noting that the City has rarely utilized arborist services since 2019, and there has been no use since spring 2022. Code enforcement has considered their involvement on several occasions, but the issues were typically resolved before their services were required.
In many cases, residents would accept the determination of a tree's condition and remove it themselves. The table below provides a breakdown of the City's arborist costs.
ARBORIST COST SINCE 2019
ARBORIST AMOUNT COMMENTS
JTL Consultants $0 No payments since 2019
Warriner Associates $4,000 20 hrs.; 2 invoices in 2019; 2 in 2020; 3 in 2021; 1 in 2022
Gregory MacDonald $480 Trees & Views case in 2021
FIVE-YEAR TOTAL $4,800
FISCAL IMPACT:
For Fiscal Year (FY) 2023-24, the City budgeted $20,000 in account number 01-15-884 for consulting services, including an arborist. For FY 2024-25, the proposed budget is $5,000, which matches the contract with JTL Consultants.
53 RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
Exhibit A - CA_AGR_Agrmnt_JTL Consultants -Arborist_20240610_JTL_Signed_F.pdf Exhibit B - Agrmnt_JTL Consultants -Arborist_2019-07-22.pdf 54 CITY OF ROLLING HILLS
AGREEMENT FOR ARBORIST SERVICES
THIS AGREEMENT FOR ARBORIST SERVICES (“Agreement”) is made and entered into as of June 10, 2024, by and between the CITY OF ROLLING HILLS, a municipal corporation ("City") and JTL CONSULTANTS, LLC. ("Consultant").
R E C I T A L S
A. City desires to retain Consultant to provide on-call consulting services to inspect trees, shrubs, palm fronds, or other plants (herein after referred to as “vegetation”) identified by City staff and located in the City of Rolling Hills, evaluate whether such vegetation is dead regardless of the season, prepare a report with Consultant’s determination and recommendation, and attend City Council meetings to discuss the report and findings; and
B. Consultant is well qualified by reason of education, certified by the American Society of Consulting Arborists and International Society of Arboriculture, and experience to perform such services; and
C. Consultant is willing to render such services on the terms and conditions as hereinafter defined.
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, City and Consultant agree as follows:
1. Services. Consultant shall perform all work necessary to complete in a manner reasonably satisfactory to City the services set forth in the scope of work attached hereto as Exhibit A and incorporated herein by reference (hereinafter referred to as “Services”).
2. Payment. City shall pay Consultant on an hourly basis at the rate of $200.00 per hour, representing total cost for all labor, equipment, supplies, expenses, materials, and travel incurred by Consultant subject to a do not exceed amount in the amount of $5,000.00 per fiscal year. Any services and compensation not provided for in this Agreement may be authorized by City in writing and in advance. Consultant shall submit invoices at the conclusion of each inspection project and City will make payment for all work performed to City’s reasonable satisfaction within 30 days of receipt of an invoice.
3. Term and Termination. This contract shall be valid for one year from execution of this Agreement, unless extended in writing by both parties. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party in compliance with Section13 of this Agreement. In such event, City shall compensate Consultant for all work City reasonably determines to be satisfactorily completed up to the date of termination. 55 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
4. Insurance. Without limiting Consultant’s obligations arising under paragraph 5 - Indemnity, Consultant shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover Consultant, its agents, representatives, and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows:
A. General Liability Insurance insuring City of Rolling Hills, its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Consultant’s actions under this Agreement, whether or not done by Consultant or anyone directly or indirectly employed by Consultant. Such insurance shall have a combined single limit of not less than $1,000,000.
B. Automobile Liability Insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement in an amount of not less than $1,000,000 combined single limit for each occurrence. If Consultant or Consultant’s employees will use personal automobiles in any way on this project, Consultant shall obtain evidence of personal automobile liability coverage for each such person.
C. Worker’s Compensation Insurance for all Consultant’s employees to the extent required by the State of California. If the Consultant has no employees for the purposes of this Agreement, the Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance.”
D. Professional Liability Coverage for professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” Consultant will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover Consultant for all claims made by City arising out of any errors or omissions of Consultant, or its officers, employees, or agents during the time this Agreement was in effect.
E. Deductibility Limits for policies referred to in subparagraphs A and B shall not exceed $5,000 per occurrence.
F. Additional Insured. City of Rolling Hills, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A and B.
56 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
G. Primary Insurance. The insurance required in paragraphs A and B shall be primary and not excess coverage.
H. Evidence of Insurance. Consultant shall furnish City, prior to the execution of this Agreement satisfactory evidence of the insurance required issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give City at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of Consultant to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefore at Consultant’s expense.
5. Indemnity. City agrees to indemnify, hold harmless, and defend at its expense Consultant from any and all claims, actions, losses, damages, charges, expenses, or attorneys’ fees to which Consultant may be subject arising out of or resulting from the conclusions and recommendations set forth in any report prepared pursuant to this Agreement. Notwithstanding the foregoing, the City’s obligation under this Section shall not apply to any punitive or exemplary damages which may be awarded by a court against Consultant; nor shall this paragraph apply to liability incurred by Consultant for actions outside the Services or which result from wrongful or malicious conduct or negligence, or through the use of any personal vehicle, all as to which Consultant shall indemnify and hold City, its officers, agents, and employees harmless.
6. Quality of Work Performed. All work shall be performed to the highest professional standards.
7. Personnel. Consultant shall not subcontract the Services set forth in this Agreement, unless first obtaining written authorization from the City.
8. Compliance with All Laws. Consultant shall comply with all City, State, and Federal laws in the performance of its Services.
9. Assignment. This Agreement is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights or obligations of either party without the prior written consent of the other shall be void and of no force and effect.
10. Attorney's Fees. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount determined by the court.
11. Non-discrimination. Consultant shall not discriminate in the hiring of employees or subconsultants on any basis prohibited by law. 57 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
12. Independent Contractor. Consultant is and shall at all times remain as to City, a wholly independent contractor. Neither City nor any of its agents shall have control of the conduct of Consultant or any of the Consultant's employees, except as herein set forth. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall be solely responsible for all contributions, payments, or withholdings normally made on behalf of an employee including but not limited to, state and federal income taxes, federal social security contributions, California State disability insurance taxes, and unemployment insurance contributions. City shall issue Consultant a Form 1099 in connection with the compensation paid hereunder, and Consultant shall pay all required taxes on amounts paid hereunder.
13. Notices. All notices and communications shall be sent to the parties at the following addresses:
CITY: City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
CONSULTANT: JTL Consultants, LLC
952 Buena Vista Street
Duarte, CA 91010.
14. Conflict of Interest. Consultant affirms and warrants that he has no financial, contractual, or other interest or obligation that conflicts with or is harmful to the performance of his obligations under this Agreement. Consultant shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation.
15. Authorized Signature. Consultant affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represents all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
16. Entire Agreement; Modification. This Agreement supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if made in advance, in writing, and signed by both parties. The parties acknowledge and agree that their respective obligations under the Agreement have been fully discharged. 58 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written.
CITY OF ROLLING HILLS CONSULTANT: JTL CONSULTANTS, LLC
Ted Lubeshkoff, Consulting Arborist
CITY MANAGER
DATE:___________ DATE: 6/5/24
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
PATRICK DONEGAN, CITY ATTORNEY
59 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
EXHIBIT A
SCOPE OF WORK
The City of Rolling Hills is located in the Very High Fire Hazard Severity Zone, as designated by CalFire in 2007. In order to minimize wildfires in the City, the City Council adopted a Fire Fuel Abatement Ordinance (Municipal Code Chapter 8.30), requiring that “every person who owns or is in possession of any property, place, or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead or alive tumbleweed or dead tree, shrub, palm frond or other plant.” At this time, this ordinance is not applicable to slopes greater than 2:1 in gradient. The City’s ordinance requires that the trees, shrubs, palm fronds, or other plants (“vegetation”) must be entirely dead and not in a condition of dying in order to make the determination.
Consultant shall be available to City staff, on an on-call, as needed basis, to assist City staff in identifying if vegetation observed in the field during routine inspections is dead, regardless of the season. Consultant shall evaluate the vegetation and, if dead, recommend how to most effectively remove the vegetation, without causing an environmental risk (including but not limited to erosion) and appropriate replacement vegetation, and prepare a report to the City with Consultant’s determination and recommendation. Consultant shall also attend City Council meetings on an as-needed basis as an expert resource upon two weeks’ notice of the City Council meeting.
60 CITY OF ROLLING HILLS
AGREEMENT FOR ARBORIST SERVICES
THIS AGREEMENT FOR ARBORIST SERVICES (“Agreement”) is made and entered into as of July 24, 2019, by and between the CITY OF ROLLING HILLS, a municipal corporation ("City") and JTL CONSULTANTS, LLC. ("Consultant").
R E C I T A L S
A. City desires to retain Consultant to inspect trees, shrubs, palm fronds, or other plants (herein after referred to as “vegetation”) identified by City staff and located in the City of Rolling Hills, evaluate whether such vegetation is dead regardless of the season, prepare a report with Consultant’s determination and recommendation, and attend City Council meetings to discuss the report and findings; and B. Consultant is well qualified by reason of education, licensure by the International Society of Arboriculture, and experience to perform such services; and C. Consultant is willing to render such services on the terms and conditions as hereinafter defined.
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, City and Consultant agree as follows:
1. Services. Consultant shall perform all work necessary to complete in a manner reasonably satisfactory to City the services set forth in the scope of work attached hereto as Exhibit A and incorporated herein by reference (hereinafter referred to as “Services”).
2. Payment. City shall pay Consultant on an hourly basis at the rate of $200.00 per hour, representing total cost for all labor, equipment, supplies, expenses, materials, and travel incurred by Consultant subject to a do not exceed amount in the amount of $6,000. Any services and compensation not provided for in this Agreement may be authorized by City in writing and in advance. Consultant shall submit invoices at the conclusion of each inspection project and City will make payment for all work performed to City’s reasonable satisfaction within 30 days of receipt of an invoice.
3. Term and Termination. This contract shall be valid for one year from execution of this Agreement, unless extended in writing by both parties. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party in compliance with Section13 of this Agreement. In such event, City shall compensate Consultant for all work City reasonably determines to be satisfactorily completed up to the date of termination. 61 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
4. Insurance. Without limiting Consultant’s obligations arising under paragraph 5 - Indemnity, Consultant shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover Consultant, its agents, representatives, and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows:
A. General Liability Insurance insuring City of Rolling Hills, its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Consultant’s actions under this Agreement, whether or not done by Consultant or anyone directly or indirectly employed by Consultant. Such insurance shall have a combined single limit of not less than $1,000,000.
B. Automobile Liability Insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement in an amount of not less than $300,000 combined single limit for each occurrence. If Consultant or Consultant’s employees will use personal automobiles in any way on this project, Consultant shall obtain evidence of personal automobile liability coverage for each such person.
C. Worker’s Compensation Insurance for all Consultant’s employees to the extent required by the State of California. If the Consultant has no employees for the purposes of this Agreement, the Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto and incorporated herein by reference as “Exhibit B.”
D. Professional Liability Coverage for professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” Consultant will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover Consultant for all claims made by City arising out of any errors or omissions of Consultant, or its officers, employees, or agents during the time this Agreement was in effect.
E. Deductibility Limits for policies referred to in subparagraphs A and B shall not exceed $5,000 per occurrence.
F. Additional Insured. City of Rolling Hills, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A and B.
62 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
G. Primary Insurance. The insurance required in paragraphs A and B shall be primary and not excess coverage.
H. Evidence of Insurance. Consultant shall furnish City, prior to the execution of this Agreement satisfactory evidence of the insurance required issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give City at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of Consultant to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefore at Consultant’s expense.
5. Indemnity. City agrees to indemnify, hold harmless, and defend at its expense Consultant from any and all claims, actions, losses, damages, charges, expenses, or attorneys’ fees to which Consultant may be subject arising out of or resulting from the conclusions and recommendations set forth in any report prepared pursuant to this Agreement. Notwithstanding the foregoing, the City’s obligation under this Section shall not apply to any punitive or exemplary damages which may be awarded by a court against Consultant; nor shall this paragraph apply to liability incurred by Consultant for actions outside the Services or which result from wrongful or malicious conduct or negligence, or through the use of any personal vehicle, all as to which Consultant shall indemnify and hold City, its officers, agents, and employees harmless.
6. Quality of Work Performed. All work shall be performed to the highest professional standards.
7. Personnel. Consultant shall not subcontract the Services set forth in this Agreement.
8. Compliance with All Laws. Consultant shall comply with all City, State, and Federal laws in the performance of its Services.
9. Assignment. This Agreement is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights or obligations of either party without the prior written consent of the other shall be void and of no force and effect.
10. Attorney's Fees. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount determined by the court.
11. Non-discrimination. Consultant shall not discriminate in the hiring of 63 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
employees or subconsultants on any basis prohibited by law.
12. Independent Contractor. Consultant is and shall at all times remain as to City, a wholly independent contractor. Neither City nor any of its agents shall have control of the conduct of Consultant or any of the Consultant's employees, except as herein set forth. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall be solely responsible for all contributions, payments, or withholdings normally made on behalf of an employee including but not limited to, state and federal income taxes, federal social security contributions, California State disability insurance taxes, and unemployment insurance contributions. City shall issue Consultant a Form 1099 in connection with the compensation paid hereunder, and Consultant shall pay all required taxes on amounts paid hereunder.
13. Notices. All notices and communications shall be sent to the parties at the following addresses:
CITY:
CONSULTANT:
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Ted Lubeshkoff
Consulting Arborist
952 Buena Vista Street
Duarte, CA 91010.
14. Conflict of Interest. Consultant affirms and warrants that he has no financial, contractual, or other interest or obligation that conflicts with or is harmful to the performance of his obligations under this Agreement. Consultant shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation.
15. Authorized Signature. Consultant affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represents all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
16. Entire Agreement; Modification. This Agreement supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if made in advance, in writing, and signed by both parties.
The parties acknowledge and agree that their respective obligations under the Agreement 64 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
have been fully discharged.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed on this 24th day of July 2019.
CONSULTANT:
Ted Lubeshkoff, Consulting Arborist
CITY OF ROLLING HILLS:
Elaine Jeng, City Manager
ATTEST:
City Clerk
July 25, 2019
65 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
EXHIBIT A
SCOPE OF WORK
The City of Rolling Hills is located in the Very High Fire Hazard Severity Zone, as designated by CalFire in 2007. In order to minimize wildfires in the City, the City Council adopted a Fire Fuel Abatement Ordinance (Municipal Code Chapter 8.30), requiring that “every person who owns or is in possession of any property, place, or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead or alive tumbleweed or dead tree, shrub, palm frond or other plant.” At this time, this ordinance is not applicable to slopes greater than 2:1 in gradient. The City’s ordinance requires that the trees, shrubs, palm fronds, or other plants (“vegetation”) must be entirely dead and not in a condition of dying in order to make the determination.
Consultant shall be available to City staff, on an as needed basis, to assist City staff in identifying whether vegetation observed in the field during routine inspections is dead regardless of the season. Consultant shall evaluate the vegetation and, if dead, recommend how to most effectively remove the vegetation, without causing an environmental risk (including but not limited to erosion) and appropriate replacement vegetation, and prepare a report to the City with Consultant’s determination and recommendation. Consultant shall also attend City Council meetings on an as-needed basis as an expert resource upon two weeks’ notice of the City Council meeting.
66 CITY OF ROLLING HILLS
CONTRACT ARBORIST SERVICES
EXHIBIT B
Certificate of Exemption from Workers’ Compensation Insurance TO: City of Rolling Hills
SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation with No Employees
Please let this memorandum notify the City of Rolling Hills that I am a sole proprietor
partnership
nonprofit organization
closely held corporation
and do not have any employees whose employment requires me to carry workers’ compensation insurance. Therefore, I do not carry worker’s compensation insurance coverage.
Consultant Signature ____________________________
Printed Name of Consultant ____________________________ Date
X
Ted Lubeshkoff
July 25, 2019
67 Agenda Item No.: 11.A
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT SAMARIO, FINANCE DIRECTOR
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONSIDERATION OF RESOLUTION NO. 1364 OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS ADOPTING THE FISCAL YEAR
2024-2025 CITY OF ROLLING HILLS BUDGET INCLUDING THE
GENERAL FUND; REFUSE COLLECTION FUND; TRANSIT FUND -
MEASURE R; TRANSIT FUND - MEASURE M; TRANSIT FUND -
PROPOSITION A; TRANSIT FUND -PROPOSITION C; COPS FUND;
MEASURE W FUND; AND RESOLUTION NO. 1365 ESTABLISHING
THE ANNUAL FISCAL YEAR 2024-2025 APPROPRIATIONS GANN
LIMIT FOR THE CITY OF ROLLING HILLS
DATE: June 10, 2024
BACKGROUND:
Over the last several months, City staff and Council have worked on developing the proposed budget for the upcoming fiscal year 2024/25. This process ended on May 13, 2024, with the finalization of the revenue estimates and budgeted expenditures.
The budget is now set for adoption through a budget resolution that establishes the spending authority for each department and fund.
In addition to the budget resolution, Council will also be adopting a resolution that establishes the City's appropriation limit as required by Article XIII B of the Constitution of the State of California. The appropriations limit establishes a limit on the amount the City can collect and spend from the proceeds of local taxes. The limit for fiscal year 2024/25 is $2,139,735 and the City is well below the limit at $1,858,385.
The City is holding a public hearing to allow the public to weigh in the proposed budget prior to adoption.
DISCUSSION:
The City's budget consists of many different funds that account for a variety of services, programs and projects. The General Fund is the City's main operating fund where most of the City's services provided to the City's residents are accounted for. As with most city General 68 Funds, the primary revenues are derived from local and state taxes. The City also has several special revenue funds to account for revenues that are restricted as to their use; a capital projects fund to account for large capital improvement projects that often take more than one year to complete; and Refuse enterprise fund that accounts for waste collection and disposal services provided by contract to City residents and paid for from annual assessments to each property. Each of these funds are described in more detail below.
GENERAL FUND
The General Fund budget includes a total of $2,576,708 in ongoing operating expenditures, funded from $2,596,685 in revenues, leaving an operating surplus of $19,977.
The General Fund accounts for the ongoing and traditional services associated with local government, including public safety, planning, building, finance, and administration.
RESTRICTED FUNDS
Transit/Transportation Funds
The City receives revenues, primarily from the County, that are restricted for specific purposes. These include the allocation of special sales tax measures approved by Los Angeles County voters over the last several decades that are restricted to transit and transportation programs and projects. The measures include Proposition A, Proposition C, Measure R, and Measure M. In total, the City anticipates receiving $158,500 next fiscal year.
Since the City of Rolling Hills does not own and operate a transit system and, in fact, has no transit service provided within the City limits, nor does the City own and maintain any public roads, the funds received pursuant to the four tax measures are either gifted to other agencies or exchanged for unrestricted monies with other agencies that can utilize the funds in accordance with their intended uses. Revenue estimates for fiscal year 2024-25 assume a growth of approximately 3% from the current year projections.
COPS Fund
The City also maintains a COPs Fund for monies received from the County’s Supplemental Law Enforcement Services Fund, created in 2009 through an increase statewide to vehicle license fees. The revenues can only be used for supplemental law enforcement services and not to supplant existing funding from the General Fund for law enforcement. The revenues estimated for next fiscal year of$170,000 is in line with current year revenues.
Measure W Fund
The City receives an allocation of the countywide special parcel tax pursuant to the Measure W (Safe, Clean Water Act) for parcels located within the Los Angeles County Flood Control District. These revenues are intended for storm water recycling and water quality improvement projects and programs. The City receives a single payment each year for the full annual allocation. The estimated allocation for fiscal year 2024/25 is $105,500
ENTERPRISE FUND
69 Refuse Fund
The Refuse Fund is the City’s only enterprise fund. Enterprise funds are typically used to account for utilities owned and operated by governments, such as water, wastewater, electricity, and refuse, and other operations that are similar to those provided by the private sector, such as airports and golf courses.
The Refuse Fund accounts for the contracted waste collection and disposal for all City of Rolling Hills residents. The fees charged to City residents are processed as a “Direct Assessment” through the County Assessor’s Office, which means the annual assessment is added to the property tax bill sent to property owners by the County and is payable in two installments. Thus, the payments the City receives from the County for refuse services coincide with the payments we receive for regular property taxes.
The City's refuse rates are sufficient to fully cover the cost of refuse services provided by contract to City residents. For fiscal year 2024/25, the annual assessment will remain unchanged at $1,432.11 per parcel. This will generate slightly more than $1 million and will not require any General Fund contribution to cover the cost of refuse services.
FISCAL IMPACT:
The adopted budget sets forth the spending plan for the City.
RECOMMENDATION:
Staff recommends the City Council hold a public hearing and, following the close of the hearing, adopt the budget and appropriations limit resolutions.
ATTACHMENTS:
Attachment A - CL_AGN_240610_CC_GeneralFund_BudgetBalancing.pdf Attachment B - CL-AGN_240610_CC_GeneralFund_AdoptedRevenues.pdf Attachment C - CL_AGN_240610_CC_GeneralFund_AdoptedExpenditiures.pdf Attachment D - CL_AGN_240610_CC_Restricted_Refuse_Funds.pdf ResolutionNo1364_FY24-25_AdoptedBudget.pdf
ResolutionNo1365_FY24-25_AppropLimit.pdf
CL_PBN_240610_PH_CC_FY24-25_Budget_Affidavit.pdf
70 ATTACHMENT A
Adopted
Budget
Adopted Operating Revenues $ 2,596,685
Adopted Operating Expenditures 2,576,708
Adopted Operating Surplus 19,977
Capital Transfers -
Adopted Surplus - Total $ 19,977
CITY OF ROLLINGS HILLS
Fiscal Year 2024/25 Budget Summary
General Fund
71 ATTACHMENT B
Property Taxes $ 1,500,750
Sales Taxes 10,000
Property Transfer Tax 64,890
Other Taxes 1,000
Motor Vehicle In Lieu 280,545
Building & Other Permits 400,000
C&D Permits 10,000
Variance, Planning & Zoning 25,000
Animal Control Fees 300
Franchise Fees 13,000
Fines & Traffic Violations 4,000
Cost Recoivery - Publications 3,000
RHCA Lease Revenue 69,000
Public Safety Aug Fund 1,200
Interest on Investments 140,000
PARS Earnings 44,000
Miscellaneous Revenue 6,000
Transfers In - Refuse Fund 24,000
TOTALS $ 2,596,685
CITY OF ROLLING HILLS
Adopted Fiscal Year 2024/25 Revenues
General Fund
72 ATTACHMENT C
FY 2024/25
Adopted
Budget
01 - CITY ADMINISTRATOR
702 Salaries -Full Time $ 436,262
705 Temporary Salaries 7,000
710 Retirement CalPERS-Employer 35,159
712 CalPERS Unfunded Liability -
715 Workers Compensation Insurance 9,100
716 Group Insurance 80,378
717 Retiree Medical 37,500
718 Employer Payroll Taxes 33,821
719 Deferred Compensation 2,239
720 Auto Allowance 3,600
721 Phone Allowance 2,400
740 Office Supplies 13,000
745 Equipment Leasing Costs 11,000
750 Dues & Subscriptions 14,000
755 Conference Expense 2,000
757 Meetings Expense 2,300
759 Training & Education 5,000
761 Auto Mileage 500
765 Postage 19,500
775 City Council Expense 5,000
776 Miscellaneous Expenses 3,000
780 Comm./Newsletters & Outreach 2,500
CITY OF ROLLING HILLS
FY24/25 Adopted Budgeted Expenditures
GENERAL FUND
Department/Object Account
1 Page: 1 73
ATTACHMENT C
FY 2024/25
Adopted
Department/Object Account Budget
785 Codification 2,400
790 Advertising 2,400
795 Other Gen Admin Expense 3,300
801 City Attorney 75,000
802 Legal Expense - Other 3,000
820 Website 6,000
850 Election Expense City Council 15,000
890 Consulting Fees 35,000
891 Records Management 1,700
Total City Administrator 869,059
05 - Finance
750 Dues & Subscriptions 4,500
810 Annual Audit 35,000
890 Consulting Fees 120,000
Total Finance 159,500
15- PLANNING & DEVELOPMENT
702 Salaries 219,953
703 Salaries - Part-Time 26,587
710 Retirement CalPERS-Employer 17,726
715 Workers Comp. Insurance 3,900
716 Group Insurance 48,107
718 Employer Payroll Taxes 19,310
719 Deferred Comp 4,681
720 Auto Allowance 1,200
721 Phone Allowance 600
2 Page: 2 74
ATTACHMENT C
FY 2024/25
Adopted
Department/Object Account Budget
761 Auto Mileage 300
750 Dues & Subscription 11,670
755 Conference Expense 2,000
759 Training & Education 1,000
776 Miscellaneous Expenses 2,000
790 Publication/Advertising/Noticing 10,000
802 Legal Expenses-Other 10,000
872 Property Development-Legal Exp 37,000
875 Willdan Building 45,000
878 Build Inspect. LA County 250,000
881 Storm Water Management 90,990
884 Special Project Study & Consult. 5,000
886 Code Enforcement 62,880
890 Consulting Fees (Onward) 15,000
928 Traffic Engineering 5,645
Total Planning & Development 890,549
25 - Public Safety
830 Law Enforcement 293,000
833 Other Law Enforcement Exp 4,000
837 Wild Life Mgmt & Pest Control 20,000
838 Animal Control Expense 6,000
Total Public Safety 323,000
65 - NON-DEPARTMENTAL
895 Insurance & Bond Expense 40,000
901 South Bay Comm. Organization 17,600
3 Page: 3 75
ATTACHMENT C
FY 2024/25
Adopted
Department/Object Account Budget
915 Community Recognition 8,000
917 Emergency Preparedness 77,000
Total Non-Departmental 142,600
75 - CITY PROPERTIES
892 IT Services 63,000
893 Granicus Services 8,300
894 Computer Hardware Fund 5,000
925 Utilities 60,000
930 Repairs & Maintenance 19,100
932 Area Landscaping 21,600
946 Buildings & Equipment 15,000
947 Non-Building Improvements -
Total City Properties 192,000
TOTAL $ 2,576,708
4 Page: 4 76
ATTACHMENT D
FY 2023/24 FY 2024/25
Amended Adopted
Budget Budget
10 - COPS FUND
Revenues
570 COPS Allocation $ 165,000 $ 170,000
Expenditures
840 COPS Program Expenditures 165,000 170,000
Revenues Over (Under) Expenditures $ - $ -
25 - PROPOSITION A FUND
Revenues
500 Grant Revenues $ 52,000 $ 52,750
670 Interest Earned 300 300
Total Revenues 52,300 53,050
Expenditures
620 Prop A Exchange - -
Revenues Over (Under) Expenditures $ 52,300 $ 53,050
26 - PROPOSITION C
Revenues
501 Grant Revenue-Prop C $ 43,000 $ 43,750
670 Interest Earned 250 250
Total Revenues 43,250 44,000
Expenditures
906 Prop C Gifted - -
Revenues Over (Under) Expenditures $ 43,250 $ 44,000
CITY OF ROLLING HILLS
Fiscal Year 2024/25 Adopted Budgets
Restricted Funds and Refuse Fund
1 77
ATTACHMENT D
FY 2023/24 FY 2024/25
Amended Adopted
Budget Budget
27- MEASURE R TRANSIT
Revenues
502 Measure R Grant Revenues $ 33,000 $ 29,000
670 Interest Earned 250 250
Total Revenues 33,250 29,250
Expenditures
907 Measure R Gifted - -
Revenues Over (Under) Expenditures $ 33,250 $ 29,250
29 - MEASURE M
Revenues
507 Measure M Local Return $ 37,000 $ 33,000
670 Interest Earned 250 250
Total Revenues 37,250 33,250
Expenditures
XXX Measure M Gifted - -
Revenues Over (Under) Expenditures $ 37,250 $ 33,250
30 - MEASURE W
Revenues
508 Grant Revenues $ 105,000 $ 105,000
670 Interest Earned 500 500
Total Revenues 105,500 105,500
Expenditures
913 Storm Water Management - 30% 31,650 31,650
914 Storm Water Management - 70% 73,850 73,850
105,500 105,500
Revenues Over (Under) Expenditures $ - $ -
2 78
ATTACHMENT D
FY 2023/24 FY 2024/25
Amended Adopted
Budget Budget
50 - REFUSE FUND
Revenues
665 Service Charges $ 1,005,336 $ 1,005,336
699 Transfers In - General Fund -
Total Revenues 1,005,336 1,005,336
Expenditures
815 Refuse Service Contract 981,336 981,336
790 Advertising -
999 Transfers Out 24,000 24,000
Total Expenditures 1,005,336 1,005,336
Revenues Over (Under) Expenditures $ - $ -
3 79
Resolution No. 1364 -1-
RESOLUTION NO. 1364
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ADOPTING THE FISCAL
YEAR 2024-25 CITY OF ROLLING HILLS BUDGET
RECITALS
A. Members of the Rolling Hills City Council opened a public hearing on Monday, June 10, 2024 to consider the recommended Fiscal Year 2024-25 City of Rolling Hills Proposed Budget; and
B. Following the public hearing on the Fiscal Year 2024-25 City of Rolling Hills Proposed Budget, members of the Rolling Hills City Council desire to adopt said document.
NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE ROLLING HILLS CITY COUNCIL AS FOLLOWS:
Section 1. Members of the City Council hereby adopt the Fiscal Year 2024-25 City of Rolling Hills Budget, attached hereto as Exhibit A and incorporated herein by reference.
Section 2. Appropriations in the amount not to exceed $2,576,708 are authorized in the Fiscal Year 2024-25 General Fund Budget for the purpose of carrying on the business of the City for general government, public safety, public service, and other items.
Section 3. Appropriations in the amount not to exceed $1,280,836 are authorized in the various funds for carrying on the business of the City: COPs Fund, Proposition A Fund, Proposition C Fund, Measure R Fund, Measure M Fund, Measure W Fund, and Refuse Fund.
Section 4. The City Manager may transfer appropriations between and among all departments, as defined in the Fiscal Year 2024-25 budget in order to ensure revenue and expenditures correspond to the intent of the City Council. The legal level of appropriated budgetary control, that is the level at which expenditures may not exceed appropriations, is at the department level for the General Fund and at the fund level for all other funds. Supplemental appropriations during the year must be approved by the City Council. All unexpended budgetary appropriations lapse at the end of the fiscal year.
Section 5. The Mayor is hereby directed to sign this Resolution, and the City Clerk is directed to attest thereto.
PASSED, APPROVED AND ADOPTED this 10th day of June, 2024. 80 Resolution No. 1364 -2-
____________________________________
Leah Mirsch
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
81 Resolution No. 1364 -3-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1364 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ADOPTING THE FISCAL
YEAR 2024-25 CITY OF ROLLING HILLS BUDGET
was approved and adopted at a regular meeting of the City Council on the 10th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
82 Resolution No. 1364 -4-
EXHIBIT A
01 - General Fund
City Administrator $ 934,776
Finance Department 159,500
Planning & Development Department 890,549
Public Safety 323,000
Non-Departmental 142,600
City Properties 192,000
Total General Fund $ 2,642,425
Other Funds
10 - COPs Fund $ 170,000
25 - Proposition A Fund -
26 - Proposition C Fund -
27 - Measure R Fund -
29 - Measure M Fund -
30 - Measure W Fund 105,500
50 - Refuse Fund 1,005,336
Total Other Funds $ 1,280,836
CITY OF ROLLING HILLS
Fiscal Year 2024-25 Adopted Budget
83 Resolution No. 1365 -1-
RESOLUTION NO. 1365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ESTABLISHING THE 2024-25 FISCAL
YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF
ROLLING HILLS.
WHEREAS, the City of Rolling Hills has heretofore established its Base Year Appropriations Limit as $256,941; and
WHEREAS, to the best of this City's knowledge and belief, the State Department of Finance figures reflect the following statistics relevant to the calculation of the 2024-25 Fiscal Year Appropriations Limit:
California per capita personal income, 3.62% (three point six two percent).
Population Adjustments for County of Los Angeles for FY 2024-25, 0.05% (zero point zero five percent).
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. Based on the foregoing figures and the provision of Article XIII B of the Constitution of the State of California, the following figure accurately represents the 2024-25 Fiscal Year Appropriation Limit of the City of Rolling Hills: $2,139,735.
Section 2. The City Clerk shall certify to the passage of Resolution No. 1365.
PASSED, APPROVED AND ADOPTED this 10th day of June, 2024. ____________________________________
Leah Mirsch
Mayor
ATTEST:
____________________________________
Christian Horvath
City Clerk
84 Resolution No. 1365 -2-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1365 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ESTABLISHING THE 2024-25 FISCAL
YEAR GANN APPROPRIATION LIMIT FOR THE CITY OF
ROLLING HILLS.
was approved and adopted at a regular meeting of the City Council on the 10th day of June, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
85 CL_PBN_240610_PH_CC_FY24-25_Budget - Page 1 of 1
2615 Pacific Coast Highway #329
Torrance, 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: 0011670579
Customer's Reference/PO Number:
Publication: Daily Breeze
Publication Dates: 05/25/2024
Total Amount: $404.54
Payment Amount: $0.00
Amount Due: $404.54
Notice ID: ndI4CAIICMeaMu0rZerO
Invoice Text: NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will conduct a public hearing at its Regular Meeting to be held on Monday, June 10, 2024, beginning at 7:00 p.m. to consider adoption of the following: CONSIDERATION OF RESOLUTION NO. 1364 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FISCAL YEAR 2024-2025 CITY OF ROLLING HILLS BUDGET INCLUDING THE GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; REFUSE COLLECTION FUND; SOLID WASTE CHARGES; TRANSIT FUND – MEASURE R; TRANSIT FUND – MEASURE M; TRANSIT FUND – PROPOSITION A; TRANSIT FUND – PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; CAPITAL PROJECT FUND; MEASURE W FUND; MEASURE A FUND; AND FUND 16 (CALOES/FEMA) ; AND RESOLUTION NO. 1365 ESTABLISHING THE ANNUAL FISCAL YEAR 2024- 2025 APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS. Public Participation: The meeting agenda is available on the City’s website. A live audio of the City Council meeting will be available on the City’s website (http://www.rollinghills.org/). Both the agenda and live audio can be found here: https://www.rollinghills.org/government/agenda/index.php . Members of the public may submit comments prior to the start of the meeting by emailing the City Clerk at [email protected]. Your comments will become part of the official meeting record.
You may provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc.) that you do not want to be 86 CL_PBN_240610_PH_CC_FY24-25_Budget - Page 1 of 1
Daily Breeze
2615 Pacific Coast Highway #329
Torrance, California 90254
(310) 543-6635
0011670579
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
Torrance*, 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:
05/25/2024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Dated at Torrance, California
On this 25th day of May, 2024.
______________________________
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
87 Agenda Item No.: 12.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: ADOPT RESOLUTION NO. 1368, 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 $66,345.73 IN FUND 16 FROM A
TRANSFER OF GENERAL FUND RESERVES FOR PROVIDING
SPECIALTY POTHOLING SERVICES WITHIN THE 20B PORTION OF
THE EASTFIELD DRIVE FIRE PREVENTION POWER LINE
UNDERGROUNDING PROJECT
DATE: June 10, 2024
BACKGROUND:
In order to preserve the rural character of Rolling Hills and eliminate risks of wildfires, the City Council encourages and supports utility undergrounding throughout the community. In line with this vision, the City applied for Hazard Mitigation Grant funds through the FEMA Hazard Mitigation Program.
On January 26, 2022, the City was awarded $1,971,882 in Federal funds to underground utility infrastructure on Eastfield Drive between Outrider Road and Hackamore Road. The grant requires a Local Match of 25%, or $657,294, for a total project amount of $2,629,176. The Local Match can be fulfilled using the City’s Rule 20A work credits.
Through Councilmember Wilson's efforts and involvement, a donation of $1,000,000 Rule 20A work credits from Supervisor Hahn's Office was approved in December 2022.
The California Public Utility Commission requires the local agencies to adopt an ordinance creating an underground district in the area where both the existing and new facilities are and will be located. The formation of the Underground Utility District (UUD) provides SCE with the authorization needed to develop the design plans to remove existing overhead facilities and install replacement underground facilities.
On November 14, 2022, the City Council adopted Resolution No. 1316 to create Underground 88 Utility District No. 2 (UUD-02) (Eastfield Drive) and set a public hearing for the January 23, 2023 City Council meeting. Letters were sent on November 29, 2022, and January 4, 2023, to all property owners whose property or portion of their property would fall within the proposed Underground Utility District to notify them of the formation of UUD and the public hearing.
The length of UUD-02 is divided into two segments: Rule 20A and Rule 20B. Southern California Edison (SCE) handles the design and joint trench bidding and assists in coordinating with the other utility companies for Rule 20A projects. Rule 20B projects are also designed by SCE; however, joint trench bidding is handled by the City. Over the past several years, City Staff has held monthly meetings with SCE and other utility service providers to ensure the project continues progressing. In preparation for the UUD, SCE has conducted numerous site visits to confirm the scope and limits of work and the preparation of a Rough Order of Magnitude (ROM), an estimate of the project. On January 4, 2023, SCE submitted the ROM for the Rule 20A segment, which is based on the estimated trench footage of 1,250 feet and includes all mainline trenching as well as crossings, streetlights, and service laterals with the cost estimate of $1,000,000, expressed in 2024 dollars.
Resolution No. 1322 was adopted on January 23, 2023, and allowed SCE to begin designing the undergrounding system to replace the existing overhead facilities within the designated Underground Utility District. In addition, SCE coordinates with other utility service providers that have facilities on the existing overhead system to ensure their respective undergrounding designs coincide with SCE's efforts.
The Federal grant received for the Eastfield Drive Underground Utility project requires the project to be completed by August 4, 2025, in order to expend the grant funds. Any delay in establishing the Underground Utility District hinders the project and could potentially jeopardize the availability and use of the grant funds.
DISCUSSION:
On April 22, 2024, the City Council was presented with five responses to a Request for Proposals (RFP) for Potholing Services and approved the lowest proposer (Hot Line Construction, Inc.) that met all requirements within the RFP for a scope of work including:
1. Potholing for six vault locations as identified on SCE’s Preliminary Design Plans for the Rule 2B Project
2. Obtaining the required permit (no fee) from RHCA
3. Restoring the potholing trenches in accordance with RHCA Trench Backfill and Pavement Repairs
4. Provide appropriate Traffic Control, including flagmen, as deemed necessary.
Hot Line Construction's proposal was for a not-to-exceed amount of $57,915. The RFP required submissions to include a cost sheet for Time & Equipment in the event that additional work was required.
On May 14, 2024, Hot Line began work along Eastfield Drive and completed their initial potholing on May 16th. At that time, they notified City and RHCA staff that the location for Edison Vault 5774207 (Station 64+02) had a conflict. They found an unmarked and unknown 89 1-1/2” steel line crossing in the center of their pothole and requested approval to return on May 20th to find a clear location where the vault could potentially be re-located. City staff approved the Time and Equipment.
On May 20, 2024, Hot Line completed their work and verified the re-location of the vault 13 feet from Station 64+02 to Station 64+15.
The attached Budget Modification allows the City to pay for services provided and request reimbursement from CalOES via the grant.
FISCAL IMPACT:
Under Rule 20B, the City is required to cover the costs for any contracted work and then be reimbursed from the grant funds. The grant pays for 75% of the 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 fee for Hot Line Construction, Inc. is $66,345.73.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1368_EastfieldDrive20B_Potholing_BudgetAmendment_F.pdf CA_AGR_240422_HotLineConst_Eastfield_UU_20B_Potholing.pdf 90 Resolution No. 1368 1
RESOLUTION NO. 1368
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 $66,345.73 IN FUND 16
FROM A TRANSFER OF GENERAL FUND
RESERVES FOR PROVIDING SPECIALTY
POTHOLING SERVICES WITHIN THE 20B
PORTION OF THE EASTFIELD DRIVE FIRE
PREVENTION POWER LINE UNDERGROUNDING
PROJECT
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 April 22, 2024 the City Council received a presentation from staff regarding proposals that the City received for the specialty potholing services to confirm proposed vault locations within the 20B portion of the Eastfield Drive fire prevention power line undergrounding project.
C. As it is the Rule 20B portion of the undergrounding, the City will be required to cover the costs for any contracted work and then be reimbursed from the grant funds. The CalOES/FEMA Hazard Mitigation Grant pays for 75% of the overall fee and the City pays 25% of the fee using Rule 20A tariff credits.
D. The lowest proposer meeting the Request for Proposal requirements was $57,915. Upon completion of the initial services, it was determined that additional work, in the amount of $8,430.73, was required to clear one proposed Southern California Edison vault location due to obstructions found under the roadway thus requiring an additional day of work at Time & Equipment rates as originally provided. As stated in section 3.9.1 of the Professional Services Agreement, “the total compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for services…” Per Section1.C, the City will be reimbursed for construction expenses upon completion and filing of a Reimbursement Request with CalOES.
E. The City desires to appropriate an additional Sixty-six thousand, three hundred and forty-five dollars and seventy-three cents ($66,345.73) in 91 Resolution No. 1368 2
Fund 16 from a transfer of General Fund Reserves for the Rule 20B undergrounding project on Eastfield Drive.
Section 2. The sum of Sixty-six thousand, three hundred and forty-five dollars and seventy-three cents ($66,345.73) is hereby appropriated in the Fund 16 from a transfer of General Fund Reserves for Rule 20B undergrounding project on Eastfield Drive.
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 10th day of June, 2024 ______________________________
LEAH MIRSCH
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
92 Resolution No. 1368 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1355 entitled:
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 $66,345.73 IN FUND 16
FROM A TRANSFER OF GENERAL FUND
RESERVES FOR PROVIDING SPECIALTY
POTHOLING SERVICES WITHIN THE 20B
PORTION OF THE EASTFIELD DRIVE FIRE
PREVENTION POWER LINE UNDERGROUNDING
PROJECT
was approved and adopted at a regular meeting of the City Council on the 10th day of June 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
93 CITY OF ROLLING HILLS
SPECIALTY SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as April 22, 2024 by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “City”) and HOT LINE CONSTRUCTION, INC., a California Corporation with its principal place of business at 9020 Brentwood Blvd., Suite H Brentwood, CA 94513 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Designer. Designer desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.2 Project. City desires to engage Designer to render such services for potholing to confirm and verify the existence of any underground facilities within specified areas as directed by the City ("Project") in compliance with the terms of this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.
Additionally, Designer shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]
3.1.2 Term. The term of this Agreement shall be from April 22, 2024 to May 22, 2024, unless earlier terminated as provided herein. Designer shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Mark Meekhof to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of 94 the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the 95 State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.
Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
3.5.3 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits 96 issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage City, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in this Sections is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in this section of this Agreement, or any other relevant water quality law, regulation, or policy.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the 97 completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.8 City Responsibilities. City’s responsibilities shall include the following:
3.8.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria.
3.8.2 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Christian Horvath as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.8.3 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.9 Compensation.
3.9.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Fifty Seven Thousand, Nine Hundred and Fifteen Dollars ($57,915.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.9.2 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control. 98 3.9.3 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.4 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.5 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.
3.10 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.11 Termination, Suspension and Abandonment.
99 3.11.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.
3.11.2 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all documents, reports, and any other data or drawings (“Project Documents”), as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.11.3 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.12 Ownership and Use of Documents; Confidentiality.
3.12.1 Ownership. All Project Documents shall be and remain the property of City.
3.12.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer.
3.13 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.
100
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.
3.14 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.14.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.
3.14.2 Additional Insured. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.14.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
101
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Contractors Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
3.14.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
3.14.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. 102
Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.
3.14.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
3.14.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
3.14.8 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
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3.14.9 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
3.14.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.14.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise 104
assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.14.12 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
3.15 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.16 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.
3.17 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.
3.18 No Third Party Rights.
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This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.19 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in the Superior Court of California for the County of Los Angeles.
3.20 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.21 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.22 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.23 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.24 Harassment Policy.
Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City of Rolling Hills
Attn: Christian Horvath
2 Portuguesa Bend Road
Rolling Hills, CA 90274
Hot Line Construction, Inc.
Attn: Mark Meekhof
9020 Brentwood Blvd., Suite H
Brentwood, CA 94513
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Such notice 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. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.25 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.26 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
3.27 Prohibited Interests.
3.27.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
3.27.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.28 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.
3.29 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.30 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
3.31 Entire Agreement.
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This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below.
CITY OF ROLLING HILLS HOT LINE CONSTRUCTION, INC.
__________________________ __________________________
KARINA BAÑALES, City Manager MARK MEEKHOF,
DATE:___________ DATE:_____________
ATTEST:
__________________________
CITY CLERK
APPROVED AS TO FORM:
__________________________
PATRICK DONEGAN
CITY ATTORNEY
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EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND
ROAD ROLLING HILLS, CA
90274
(310) 377-1521
FAX (310) 377-7288
REQUEST FOR PROPOSALS
POTHOLING SERVICES IN SUPPORT OF
EASTFIELD DRIVE SCE RULE 20B PROJECT
FOR CITY OF ROLLING HILLS
PROPOSALS DUE 3 PM, April 9, 2024
SECTION 1 - BACKGROUND
The City of Rolling Hills (City), California invites firms familiar with Southern California Edison (SCE) potholing requirements to submit fee proposals for performing potholing services in support of the Eastfield Drive SCE Rule 20B Utility Undergrounding project. This project will underground existing overhead power and telecommunication lines along Eastfield Drive from approximately 45 Eastfield Drive to Outrider Road.
The City has received federal hazard mitigation grant funding in support of undergrounding existing overhead utilities to reduce fire hazards. In cooperation with SCE and other utility companies utilizing existing overhead facilities, SCE has prepared preliminary design plans for the defined project area. Under terms of the grant funding, the City is responsible to construct the underground infrastructure utilizing SCE’s design. Prior to finalizing the design, SCE requires potholing to confirm the vault locations.
The successful Proposer, shall have at least five years of experience on similar types of projects. All Proposers responding to this Request for Proposal (RFP) will be evaluated on the basis of their fee. Note: all roads within the City are private and coordination with the Rolling Hills Community Association (RHCA) may also be required. 111
SECTION 2 - SCOPE OF SERVICES
The City of Rolling Hills is requesting a fee from selected firms that have experience in performing potholing services for SCE to validate vault locations as currently designed. Being a City project, prevailing wage is a requirement. The proposed vault locations are proposed in or adjacent to an existing two-lane road ( one-lane each direction).
Scope of work includes:
1. Potholing for 6 vault locations as identified on SCE’s Preliminary Design Plans for the Rule 2B Project (see Attachment 1)
2. Obtaining the required permit (no fee) from RHCA (see Attachment 2)
3. Restoring the potholing trenches in accordance with RHCA Trench Backfill and Pavement Repairs (see Attachment 3)
4. Provide appropriate Traffic Control, including flagmen where deemed necessary.
SECTION 3 - PROPOSAL REQUIREMENTS
Proposals will be considered from firms with experience and success in performing potholing services for SCE and based on fee. Please submit the following for consideration.
1. Lump Sum Fee
2. Submit hourly fee schedule for any additional services that may be required.
3. Any exceptions to the contract agreement the selected firm will be required to sign.
SECTION 4 - PROPOSAL PROCEDURE
All proposals are due no later than 3 pm on April 9, 2024. The City reserves the right to extend the deadline.
The City will respond to request for clarification in written RFP addendum(s) as needed. All inquiries shall be directed to Christian Horvath at [email protected] by 5 pm on April 3, 2024.
Please submit the proposal via email to:
Christian Horvath
City Clerk
[email protected]
Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City of Rolling Hills and the firm selected. The City of Rolling Hills reserves the right without prejudice to reject any or all proposals. No reimbursement will be made by the City for costs incurred in the preparation of the response to this Request for Proposal. Submitted materials will not be returned and become the property of the City of Rolling Hills.
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SECTION 5 – SELECTION/EVALUATION CRITERIA
Proposals will be evaluated on fee / hourly fee schedule submitted.
SECTION 6 - ATTACHMENTS
Attachment 1 – SCE Preliminary Design Plans
Attachment 2 – Rolling Hills Community Association Permit Application Attachment 3 – Rolling Hills Community Association Trench Backfill and Pavement Repair Requirements 113
Contact USA
Dial 811 or 800-422-4133
UNDERGROUND SERVICE ALERT
www.digalert.org/contact
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Contact USA
Dial 811 or 800-422-4133
UNDERGROUND SERVICE ALERT
www.digalert.org/contact
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ExcavationPermit - Updated 2023-1-26.tlfpc
ROLLING HILLS COMMUNITY ASSOCIATION
1 Portuguese Bend Road, Rolling Hills, CA 90274
(310) 544-6222; Fax: (310) 544-6766
AGREEMENT FOR EXCAVATION OF EASEMENTS
The Rolling Hills Community Association grants permission to:
Company / Utility Name Contact Person
Street Address City, State, Zip
Phone Email
May cut and excavate at:
Property Address/Name of Street
In the area of:
Describe job location
For the purpose of:
Description of work
Power Outage/Service Turn-off Required: YES NO Traffic Control Plan included: YES NO Note that any project that requires multiple vehicles and/or trailers be parked or located in any portion of any roadway at a work site or sites will require the applicant to attach to this application a Traffic Control Plan that complies with the “California Manual on Uniform Traffic Control Devices” (most current edition including most current revisions).
Applicant agrees that all work will be done in accordance with and limited to the submitted plans and with the attached requirements of this agreement and that the easement shall be restored to its original condition and left in a safe condition.
To the extent appliable, all work shall comply with all laws and regulations regulating the activities of the applicant.
Prior to the commencement of any work, the applicant shall deliver to the Manager of the Rolling Hills Community Association a certificate of insurance naming the Rolling Hills Community Association as additionally insured for a minimum of three million dollars ($3,000,000).
Applicant shall place two inches of temporary pavement on all cuts in all types of existing pavement, or more as may be required by the Manager based on the nature and scope of the project. Applicant shall perform no work nor make any repairs until authorized by the Rolling Hills Community Association except to eliminate an emergency condition.
If excavation involves cutting the RHCA roadway, a minimum deposit of $2,500 must be made with the application prior to the start of work. That deposit amount may be adjusted upwards at the discretion of the Rolling Hills Community Association for projects with larger areas of excavation. When said cut or excavation has been filled and repaired to a safe and permanent condition to the Manager of the Association, that portion of the deposit not consumed by Rolling Hills (Staff Use Only) Permit No. _______________ Permit Fee $250 PAID INVOICED Date Issued ______________ Expiration Date (90 Days) _______________ Extension Approved _______________ Expiration Date ________________
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ExcavationPermit - Updated 2023-1-26.tlfpc
Community Association in its review and inspections shall be released and discharged. In the event that the initial deposit is deemed to be insufficient to cover the costs of the Rolling Hills Community Association in its review and inspections, further deposits may be required, and must be tendered within five working days of each such request.
All work sites, working conditions, and work performed must at all times comply with all federal, state, local government and agency laws, general orders, and regulations, including without limitation to those promulgated by OSHA, CAL/OSHA, and the California Public Utilities Commission.
The parties agree that if said cut or excavation made in a road is not filled and repaired to a satisfactory usable condition within seven calendar days after completion of the work the Manager shall forthwith cause the same to be filled and repaired and the cost shall be charged against the cash deposit posted with the application, or as may be increased by the Manager.
The parties agree that applicant shall be responsible for all loss or damage incurred by the Rolling Hills Community Association. The applicant shall indemnify, hold harmless, and defend the Rolling Hills Community Association in connection with all claims whatsoever regarding any work performed by the applicant in the streets, property, and easements of the Rolling Hills Community Association for a period of fifty (50) years from the date of completion of such work. The applicant shall have no right to settle or compromise any such claims without the express authority of the Board of Directors of the Rolling Hills Community Association.
_________________________________ ROLLING HILLS COMMUNITY ASSN.
By: By:
_________________________________ _______________________________________ Notify the Association Office prior to starting work & once it is completed (310) 544-6222. 122
ExcavationPermit - Updated 2023-1-26.tlfpc
EXCAVATION AGREEMENT REQUIREMENTS
1. All work, unless otherwise specified, shall be completed in accordance with the specifications of the Rolling Hills Community Association Trench Backing and Pavement Repair guidelines.
2. One set of plans must be digitally submitted for consideration. Hard copies may be required at the discretion of staff.
3. A copy of this agreement and plans shall be kept on the job at all times. If a utility pole is being replaced, a copy of this permit must be provided to the gates with the delivery of the pole.
4. A traffic control plan that conforms to the latest edition of the State of California MUTCD must be submitted with the completed application. Traffic control measures are required and must be discussed with and approved by the RHCA’s staff prior to issuing the permit. Flag men are required if any portion of a lane is closed. One lane of travel must be maintained at all times. If it is necessary to completely close the road, the contractor must contact the RHCA office a minimum of TWO WEEKS in advance to discuss and make proper arrangements.
5. Trail closed signs are required if any portion of a bridle trail is closed and the contractor must contact RHCA’s Maintenance Supervisor at (310) 541-3544 to make such arrangements.
6. Utility poles or other structures that require a helicopter set must be arranged with the RHCA office a minimum of TWO WEEKS in advance to discuss and make proper arrangements.
7. The contractor is required to notify the RHCA Office prior to the start of work. It is the responsibility of the utility/contractor to notify any affected homeowners of power outages.
8. The contractor must acquire permission from the property owner prior to working or accessing any private property.
9. Proof of Dig Alert notifications for all areas subject to excavation must be provided in advance of the commencement of any underground work.
10. Dig Alert/USA and other utility markings on roads must be entirely removed at the completion of work. No permanent paint or other marking shall be permitted at any time.
11. Bridle Trails and road shoulders disturbed by excavation must be restored to original conditions (signs and mailboxes re-set, decomposed granite or other special surfaces replaced.)
12. If a utility pole is removed, it must be removed by the applicant from the area of the Rolling Hills Community Association for disposal or other disposition.
13. Applicant shall be legally and financially responsible for all damage caused by it to the property of the Rolling Hills Community Association and its members.
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Rolling Hills Community Association
TRENCH BACKFILL AND PAVEMENT REPAIRS
NOTES
BELOW GROUND
1A. SEE STANDARD PLAN
2A. FOR TRENCHES LONGER THAN 200’ OR LARGER THAN 1,000 SQUARE FEET, A LICENSED SOILS
ENGINEER SHALL BE PRESENT TO MONITOR THE NATIVE OR IMPORTED BACKFILL OPERATION AND TEST FOR COMPACTION AT 100’ OR 200 SQUARE FOOT MAXIMUM INTERVALS. 3A. IN AREAS NOT IN EXISTING ROADWAY, BACKFILL SHALL BE COMPACTED TO A RELATIVE COMPACTION OF 90%
4A. EXCAVATED MATERIAL NOT APPROVED FOR USE IN TRENCH BACKFILL SHALL BE REMOVED FROM JOB SITE UNLESS OTHERWISE USED IN THE WORK.
5A. WHERE WET, UNSTABLE OR RUNNING SOIL IS ENCOUNTERED, SOLID SHEATHING IS REQUIRED FOR ALL VERTICAL TRENCH WALLS.
6A. ALL SHORING SHALL BE DESIGNED BY A CIVIL ENGINEER IN ACCORDANCE WITH SOIL REPORT.
VISIBLE SURFACE:
1B. CRACKS SHALL BE SEALED AND A TYPE 2 SLURRY SEAL COATING WITH 2% LATEX SHALL BE APPLIED FROM LANE LINE TO LANE LINE FOR LONGITUDINAL TRENCHES GREATER THAN 200’ IN LENGTH FOR ANY LANE AFFECTED.
METHODOLOGY
1C. AT THE END OF EACH WORK DAY, ANY TRENCH IN AN ARTERIAL ROAD SHALL BE COVERED BY NONSKID STEEL PLATES OR BE PAVED WITH TEMPORARY OR PERMANENT PAVEMENT FLUSH WITH ADJACENT PAVEMENT SURFACES. SECURED IN PLACE, RAMPED WITH A.C. AND NOT USED FOR MORE THAN 48 CONSECUTIVE HOURS ON THE SAME SEGMENT OR TRENCH. “PLATE AHEAD’ SIGN9S0 SHALL BE PROPERTY INSTALLED WHEN PLATES ARE IN USE. OTHER CITY STREETS MAY HAVE LESSER REQUIREMENTS AND WILL BE CONSIDERED ON A CASE BY CASE BASIS. 2C. ALL TRAFFIC LANES SHALL BE CLEANED AND RESTORED FOR USE IMMEDIATELY UPON PLACEMENT OF TEMPORARY A.C. PAVEMENT, TRENCH PLATES AND/OR FINAL A.C. PAVEMENT. 3C. ALL TRAFFIC STRIPING AND/OR MARKING(S) REMOVED OR DAMAGED DURING CONSTRUCTION SHALL BE REPLACED IN KIND AS DIRECTED.
4C. TRAFFIC CONTROL SHALL BE PER CONTRACTORS “CONSTRUCTION TRAFFIC CONTROL PROCEDURES ON CITY STREETS” AS SUBMITTED TO AND APPROVED BY THE RHCA. 5C. A COLLECTION DEVICE SHALL BE USED TO COLLECT SEDIMENTS GENERATED DURING SAWCUTTING OPERATION.
6C. ALL PAVEMENT REMOVALS SHALL USE STRAIGHT LIGHT SAWCUTS A MINIMUM OF 1.5” DEEP.
M: Road Standards/Trench Backfill and Pavement Repair Specifications – Updated 2019-02-21 124
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EXHIBIT “A-1”
FEDERAL PROVISIONS
During the performance of this contract, Designer shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.
1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Designer shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Designer shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) Costs under this contract must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Designer.
3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) 127
(A) Designer shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency administering the funds for which this Project is funded (“Federal Agency”), Inspectors General, the Comptroller General of the United States, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Designer's personnel for the purpose of interview and discussion related to the books and records.
(B) The Designer agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Designer agrees to provide the Inspectors General, the Comptroller General of the United States, and the State of California or their authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. (i) Termination for Convenience. The City may, by written notice to Designer, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Designer of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Designer for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Designer shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Designer prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Designer fails to perform pursuant to the terms of this contract, the City shall provide written notice to Designer specifying the default (“Notice of Default”). If Designer does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Designer fails to cure a default as set forth above, the City may, by written notice to Designer, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Designer shall be compensated for that portion of the work or materials provided which has been 128
fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Designer's deficiencies and charge the cost thereof to Designer, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Designer’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Designer shall promptly discontinue the work unless the Notice directs to the contrary. Designer shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Designer acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Designer shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Designer shall be entitled to receive only the amounts payable under this Section, and Designer specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
(B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Designer shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Designer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
Designer will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Designer agrees to post in conspicuous places, available 129
to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (ii) Designer will, in all solicitations or advertisements for employees placed by or on behalf of Designer, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
(iii) Designer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Designer's legal duty to furnish information. (iv) Designer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Designer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) Designer will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of Designer's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) Designer will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of 130
Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Designer will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Designer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Designer may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: [Not Used. Does not apply to design professional services. 29 CFR § 5.2] (D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Designer shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).
Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the City of Columbia or a territory, to such City or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, 131
from any moneys payable on account of work performed by the Designer or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) The Designer or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Designer shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000.
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(ii) Pursuant to the Federal Water Pollution Control Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Designer is required to verify that none of the Designer, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Designer must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Designer did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Designer warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.
Designer also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Designer further agrees to notify the City in writing immediately if Designer or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Designer shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Designer shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Designers that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of 133
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:
(i) Designer shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this contract, the Designer shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram.
5. MISCELLANEOUS PROVISIONS
(A) Designer acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Designer’s actions pertaining to this contract.
(B) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Designer, any subcontractors or any other party pertaining to any matter resulting from the contract.
(C) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Designer, the Designer's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
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(iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Designer exceeds at its own risk.
6. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.
Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/.
Designer shall comply with all of City’s obligations City’s obligation with respect to Section 70914 of the Bipartisan Infrastructure Law as a Recipient of a award for Federal financial assistance in the performance of this Agreement as a condition of this Agreement.
7. ADDITIONAL TERMS.
a. The project will be subject to National Environmental Policy Act (NEPA) as well as the California Environmental Quality Act (“CEQA”).
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b. The project will be subject to Section 504 of the Rehabilitation Act and the Architectural Barriers Act Standards.
c. Plans, specifications, all contractor solicitation documentation and contract documents must be submitted to USDA Rural Development for review and concurrence. d. The construction project may be subject to the Build America Buy American (BABA) requirements. If so, the following provisions should be considered during design and must be added to the bidding and construction contract documents:
i. Information for Designer: This contract is expected to be funded in whole or in part using funds from the Infrastructure Investment and Jobs Act. Section 70914 of the IIJA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR
25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. {The following waivers apply to this project:} ii. Supplemental General Conditions: This contract is expected to be funded in whole or in part using funds from the IIJA. Section 70914 of the IIJA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR 25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. {The following waivers apply to this project:} e. If the Project receives an Emergency Rural Healthcare Grant (ERHC), compliance with the prevailing wage requirements of the Davis-Bacon and Related Acts will be required for contractors and subcontractors performing construction. Before bidding, the general wage determination from the Department of Labor website (htpps://www.dol.gov) must be added to bid documents and all contracts covered by the Act must include the statement “The contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.” Labor standards provisions from 29 CFR 5.5(a) must be included in every contract. f.. If the existing building is classified as Historic, compliance with Section 106 of the National Historic Preservation Act of 1966 (NHPA) will be required. 136
EXHIBIT “B”
FEE
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule.
Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.
Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
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Agenda Item No.: 13.A
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT SAMARIO, FINANCE DIRECTOR
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: FISCAL YEAR 2023/24 THIRD QUARTER INTERIM FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED MARCH 31, 2024
DATE: June 10, 2024
BACKGROUND:
Each quarter, City staff prepares an analysis of all fund revenues and expenditures to determine to what extent they align with expectations established through the current budget as amended. The result of this analysis is then presented to the City Council.
The analysis aims to identify any unexpected variances, particularly unfavorable ones, so that the City can take appropriate action. In addition, the analysis performed through March 2024 is instrumental in developing the revenue estimates contained in the adopted budget for the following fiscal year.
DISCUSSION:
Attachment A provides a detailed narrative analysis and discussion based on staff's analysis of revenues and expenditures in relation to the budgeted estimates and a discussion of General Fund reserves. The key findings are summarized below.
REVENUES
Property Taxes - As the City's largest revenue source, making up 48% of total General Fund revenues, tracking its progress is important throughout the fiscal year. Because property tax revenues are not received evenly during the fiscal year, staff evaluated revenues through March 31, 2024, totaling $856,542, against a seasonally adjusted budget using trends over the last three years. Based on the seasonally adjusted budget of $897,750, it appears revenues will end the fiscal year approximately $40,000 below budget.
Building Permits - Revenues through March 31, 2024, totaled $274,248. However, this represents only seven payments due to untimely payments from the County, which provides building services to the City by contract. Extrapolating from these results thus far, it appears revenues will reach approximately $470,000 by fiscal year-end, resulting in a shortfall of 138
approximately $130,000 in relation to the budgeted estimates.
EXPENDITURES
General Fund expenditures are well below the amended budget. Through March 31, 2024, operating expenditures totaled $1,624,224 against a prorated budget of $2,044,068, resulting in a savings of $419,844. The variance is due to many factors, and the key factors are explained in Attachment A.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
Attachment A - CL_AGN_240610_CC_NarrativeAnalysis_FY23-24_Q3_Review.pdf Attachment B - CL_AGN_240610_CC_GeneralFund_Revenues.pdf Attachment C - CL_AGN_240610_CC_GeneralFund_Exp_ByDept.pdf Attachment D - CL_AGN_240610_CC_GeneralFund_Exp_Detail.pdf Attachment E - CL_AGN_240610_CC_Restricted_Funds.pdf
Attachment F - CL_AGN_240610_CC_GeneralFund_BudgetAmendments.pdf 139
Attachment 1
CITY OF ROLLING HILLS
Fiscal Year 2023/2024
Third Quarter Review
Nine Months Ended March 31, 2024
OVERVIEW
The analysis below provides a comparison of actual revenues and expenditures to the amended budget through the nine months ended March 31, 2024. Although there are still another three months left in the fiscal year and the current trends can change, enough data is available to make reasonably good projections of how revenues and expenditures will end the year.
The largest and most important fund is the General Fund, which is where the traditional and ongoing services provided to the community are accounted for, including public safety, building/planning, emergency preparedness, and city administration.
However, the City has a number of other funds that account for other important activities, programs, and services. Most of these funds account for monies that are restricted to a specific purpose and, therefore, are required to be accounted for separately. The City also accounts for large capital projects separately, including projects funded from federal and state grants. Lastly, the City provides refuse collection and disposal services by contract. This operation is accounted for in an enterprise fund.
Each of the City’s funds are discussed below in the context of the mid-year review.
GENERAL FUND
General Fund Revenues
A summary of General Fund revenues is provided in the table below, which shows that the adopted fiscal year 2023/24 revenues total $2,762,294. Staff has added a column for the “prorated” budget through March 31, 2024, which represents 75% (9 out of 12 months) of the annual budget to enable a more meaningful comparison to revenues realized through nine months of the fiscal year. The only exception is property taxes, which do not come in evenly throughout the year. Over the last three fiscal years, revenues through March 31, 2024, averaged 60% of the annual total realized. As such, the pro-rated budget has been “seasonally adjusted” by using 60% of the adopted budget to compare to actuals through March 31, 2024.
Through March 31, 2024, revenues from all sources totaled $1,847,283, resulting in an unfavorable variance of $245,329. An analysis of each key revenue is provided below. 140
2 Property Taxes. By far, the largest General Fund revenue is from property taxes, representing 54% of total adopted revenues. At March 31, 2024, property tax revenues totaled $856,532. This is $41,218, below the seasonally adjusted budget of $897,720. This unfavorable variance is likely due to the fact that the adopted revenue budget was built upon an estimate of fiscal year 2022/23 revenues, which, in the end, came in below the year-end projection. Thus, the revenue budget for property taxes may be slightly high, and we may end the fiscal year slightly below budget even though the projected growth of 5% may be realized.
It is important to note, however, that there are a couple of headwinds that will likely revenues in the next two years, both of which are tied to the impact of higher interest rates. Starting in March of 2022, the Federal Reserve made its first of eleven increases to short-term interest rates over a sixteen-month period totaling 5.25%. This is the sharpest increase in rates since the 1980s, affecting mortgage and other borrowing rates.
One of the effects of higher interest rates was the dramatic decline in home sales. For Los Angeles County, the decline was nearly 40%. In terms of its impact on property taxes, one of the immediate impacts is on supplemental tax revenues that may come in this fiscal year.
Supplemental taxes are assessed when real estate is sold after the levy date in January. The assessed value of the property sold is reassessed to the sales price, which almost always exceeds the Proposition 13 assessed value. This results in a supplemental tax bill that is paid by the new owner. The more sales volume that occurs, the greater the overall supplemental taxes that are collected and allocated to local jurisdictions. Generally speaking, most of the supplemental taxes Actuals Variance
Adopted Pro-Rata Thru Favorable
Budget Budget 03/31/24 (Unfavorable)
401 Property Taxes $ 1,496,250 $ 897,750 * $ 856,532 $ (41,218) 405 Sales Taxes 13,905 10,429 9,497 (932)
410 Property Transfer Tax 56,222 42,166 42,333 167
415 Other Taxes 1,000 750 - (750)
420 Motor Vehicle In Lieu 269,267 201,951 138,334 (63,617) 440 Building & Other Permits 600,000 450,000 274,248 (175,752) 441 C&D Permits 5,600 4,200 6,100 1,900
450 Variance, Planning & Zoning 67,000 50,250 19,642 (30,608) 455 Animal Control Fees 150 113 343 231
460 Franchise Fees 13,000 9,750 7,651 (2,100)
480 Fines & Traffic Violations 3,500 2,625 4,300 1,675
482 Cost Recoivery - Publications 7,200 5,400 3,000 (2,400) 600 RHCA Lease Revenue 69,000 51,750 51,743 (7)
650 Public Safety Aug Fund 1,200 900 848 (52)
670 Interest on Investments 110,000 82,500 125,099 42,599 671 PARS Earnings 20,000 15,000 38,730 23,730
675 Miscellaneous Revenue 5,000 3,750 5,556 1,806
699 Transfers In - Refuse Fund 24,000 18,000 18,000 -
TOTALS $ 2,762,294 $ 1,847,283 $ 1,601,954 $ (245,329)
* Seasonally adjusted budget at 3/31/24
Budget Vs Actual Through March 31, 2024
General Fund Revenues
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3 are received by the City in the second half of the fiscal year. However, the City has collected $18,406 through March 31, 2024, which is $5,183 (22%) below prior year revenues through the third of the year. In total, the City received approximately $39,000 in supplemental taxes last fiscal year, so a 21% decline for the year, if the current trend holds, would amount to roughly $8,179.
The long-term impact, which affects growth in property taxes starting next fiscal year, is on the overall increase in assessed values, which drives the growth in property taxes received by the City. When properties are sold, the County reassesses the property to the market value represented by the sales price. Oftentimes, particularly in older communities, the increase in assessed value is substantial. Going forward, the annual property taxes are much higher as a result. When sales volumes are high, as they were prior to the recent rate hikes, this drives property tax growth well beyond the annual 2% CPI increases to assessed values established by Proposition 13. Over the last decade, the reassessment of properties sold generated an additional 3-4% of growth for an overall growth of 5-6%. However, with the sharp decline in sales, the City can expect to see a more muted growth starting next fiscal year – probably in the 3% to
3.5% range.
Real Property Transfer Tax (RPTT). The significant decline in home sales caused by rising interest rates has more directly affected RPPT revenues. Because the RPTT is assessed at the time a home is sold or otherwise changes title, a decline in home sales will directly and immediately affect RPPT revenues, which are received monthly.
RPTT peaked in fiscal year 2021 at approximately $133,000 but has declined since then, as evidenced by the current year’s budget of $56,222. Through March 31, 2024, revenues are at $42,333 and in line with the pro-rated budget, suggesting that revenues may have at least stabilized.
Building and Other Permits. Revenues from this category are the General Fund’s second-largest revenue, with budgeted revenues of $600,000. Last fiscal year, revenues hit a 4-year high of approximately $640,000, driven by increasing building activity buoyed by favorable interest rates.
However, as with property taxes and real property transfer taxes, increases in interest rates tend to affect building/development activity due to the increased costs of borrowing. We did not see the expected impact on building revenues last fiscal year; however, we have seen a significant reduction in revenues relative to budgeted/estimated revenues nine months into the fiscal year.
At March 31, 2024, Building and Other Permit revenues were $274,248 versus a pro-rated budget of $450,000. However, because the remittances from the County are usually sixty days behind, the revenues through March mid-year only reflect seven months of revenues. Extrapolating for nine months, revenues would be approximately $350,000, which is still below expectations. In fiscal year 2022/23, a total of 155 permits were issued by the County on our behalf. This year, through December 31, 2023, only 60 permits have been issued, which equates to 120 for the entire fiscal year. Although we will continue to monitor these revenues through fiscal year-end, it appears revenues could end the year $150,000 below the $600,000 budget. 142
4 Interest on Investments. Excluding the funds held in the Section 115 Pension Trust, interest revenues through March 31, 2024, totaled $125,099 versus the pro-rated budget of $82,500.
Revenues have been higher in the last two years for two reasons. First and foremost, over $1M has been shifted from Local Agency Investment Fund (LAIF) to CDs to capitalize on higher interest rates offered in the 3-month to 9-month window. For most of the current fiscal year, interest rates on the short end have been higher than the long end (referred to as an inverse yield curve).
As a result, staff has moved more money into short-term CDs, which has yielded higher earnings.
The second reason is that, generally, interest rates have increased after more than a decade of historically low-interest rates.
Interest earnings from the funds held in the City’s Section 115 pension trust are also higher than expected. Through March 31, 2024, interest earnings total $38,730 versus a pro-rated budget of $15,000.
General Fund Expenditures
The originally adopted budget for fiscal year 2023/24 totaled $2,805,457, which included $250,000 in capital transfers, leaving an operating budget of $2,555,457. The amended budget includes appropriation carryovers and budget amendments approved between July 1 and March 31, 2024, and totals $4,386,238, of which $1,660,814 is for one-time capital transfers.
Excluding capital transfers, expenditures through March 31, 2024, totaled $1,624,224, resulting in a favorable variance of $431,683. A discussion of the key variances at the department level is provided below.
Actuals Variance
Amended Pro-Rated Thru Favorable
Department Budget Budget Budget 03/31/24 (Unfav)
City Administrator $ 957,138 $ 1,063,827 $ 797,870 $ 553,971 243,900$ Finance 154,400 154,400 115,800 120,413 (4,613)
Planning & Development 858,801 858,801 644,101 488,726 155,374 Public Safety 270,000 317,578 238,184 200,819 37,365
Non-Departmental 134,018 141,618 106,214 139,461 (33,247) City Properties 181,100 189,200 141,900 120,834 21,066
Total Operations 2,555,457 2,725,424 2,044,068 1,624,224 419,844 Capital Transfers 250,000 1,660,814 1,245,610 198,862 1,046,748 GENERAL FUND TOTALS 2,805,457 $ $ 4,386,238 $ 3,289,679 $ 1,823,086 1,466,593$
CITY OF ROLLING HILLS
General Fund Expenditures by Department
Budget Vs. Actual
Nine Months Ended March 31, 2024
Adopted
143
5 • City Administrator/Manager Department
The $243,900 favorable variance was the result of underspending in three areas: (1) Approximately $99,000 is attributable to salary and benefit savings from staff vacancies.
During the first half of the fiscal year, there were vacancies in 3 of the 4 positions accounted for in the City Manager’s Department; (2) Consulting fees (account 890) were approximately $47,000 below budget. This account includes project management costs performed by contract. Because most of the work is tied to capital projects accounted for in the Capital Improvement Fund (40), the costs have been charged directly to those projects rather than to this account. As a result, we expect to see savings in this account throughout the fiscal year; and (3) the work performed by a contractor to digitize City records, captured in account 891 have not been billed as of March 31, 2024, resulting in a budgeted variance of almost $31,000.
• Planning Department
Overall, expenditures are $155,374 below the pro-rated budget of $644,101. A discussion of the largest contributors to the favorable variance is provided below. 872 - Property Development – Legal Expenses ($16,246). This account is for amounts paid to the City’s contracted attorney for any support associated with planning. The need for legal support varies from year to year and month to month. Thus, a variance from budget during the year is not unusual.
875 - Willdan Building and 878 - Building Inspection L.A. County. These accounts are for the cost of building and plan check services provided by contract. Most applicants utilize the County Public Works Department for building services. A smaller number utilize Willdan Engineering Group who provides expedited, but more expensive, services. We have seen more applicants utilizing Willdan recently versus the County, which explains the higher costs associated with account 875. In addition, LA County is usually two months in arrears in its bills sent to the City, which to a large extent explains the seemingly low expenditures in account 878.
881 - Stormwater Management. This account is for costs incurred to reduce stormwater runoff and pollutants reaching the ocean. Many costs incurred by the City are charged to the Measure W Fund, for which revenues from the Clean Water Act are accounted. However, there are limits to how much can be charged, and the final allocation of costs cannot be done until the end of the year. As such, the variance at March 31, 2024, of $17,939 may or may not continue through fiscal year end.
884 – Special Project Study & Consulting. Historically, this account has been used to capture costs related to the Housing Element in addition to payments to the City Arborist. With the completion of the Housing Element, the ongoing budget of $20,000 ($15,000 pro-rated) is 144
6 solely for the City Arborist. Through the first nine months of the fiscal year, no costs were incurred. The nature of the contract is “on-call”, meaning, costs are incurred if and only services are needed.
• Public Safety
833 – Other Law Enforcement Expenses. On an ongoing basis, this account is used to track costs for school security reimbursement, and the monthly ALPR camera connectivity.
However, in March 2024 the City Council amended the budget for a total of approximately $35,000 for the one-time purchase of equipment related to the Auto License Plate Recognition Program and the LIDAR/RADAR Speed Detection Device. As of March 31, 2024, the City has not paid for this equipment, explaining the $28,215 variance. • Non-Departmental
The “Non-Departmental” department accounts for costs that do not fit into a traditional department and generally are of a Citywide nature. The table below shows the accounts that are included within this department and the status of expenditures relative to budget at December 31, 2023.
There is one account that has an unfavorable variance - Insurance & Bond Expense (895). The unfavorable variance is simply a timing variance due to the fact that premiums are paid in July of each year.
Status of Reserves
Based on unaudited numbers, General Fund reserves at June 30, 2023 totaled $4,633,046.
However, through March 31, 2024, a total of $1,041,310 in amendments to the General Fund budget has been approved by Council that draw upon reserves. The vast majority of the amendments are tied ted to one-time costs. In addition, the adopted fiscal year 2023/24 budget included the use of reserves for capital in the amount of $43,163. As a result, the available balance is currently $3,548,573. Of this total, $2,650,498 is set aside for emergencies, such as natural disasters, pursuant to the City’s adopted reserve policy. This leaves $898,075 available for discretionary one-time costs. Please refer to Attachment 6 for a summary of approved budget amendments and calculation of available reserves.
RESTRICTED FUNDS
Transit/Transportation Funds
The City receives revenues, primarily from the County, that are restricted for specific purposes.
These include the allocation of special sales tax measures approved by Los Angeles County voters over the last several decades that are restricted to transit and transportation programs and 145
7 projects. The measures include Proposition A, Proposition C, Measure R, and Measure M. Since the City of Rolling Hills does not own and operate a transit system and, in fact, has no transit service provided within the City limits, nor does the City own and maintain any public roads, the funds received pursuant to the four tax measures are either gifted to other agencies or exchanged for unrestricted monies with other agencies that can utilize the funds in accordance with their intended uses.
Revenues received within these transit/transportation funds through March 31, 2024, total $81,602, which are $21,074 below expectations. However, only eight payments for each of the four revenues have been received. Adjusting for this, the true shortfall so far is approximately $11,000. Staff will continue to monitor these revenues through the remainder of the fiscal year.
Citizens Option for Public Safety (COPS) Fund
The City also maintains a COPs Fund for monies received from the County’s Supplemental Law Enforcement Services Fund, created in 2009 through an increase statewide to vehicle license fees. The revenues can only be used for supplemental law enforcement services.
Total revenues through March 31 are $186,254 versus the budget of $165,000. Revenues are normally received in their entirety by mid-year. The higher than expected revenue total is the result of a one-time payment of $17,248 for prior year under-allocations from the State of California.
On the expenditure side, allocated costs for supplemental law enforcement services totaled $87,904 through March due to delayed billings from LA County.
Measure W Fund
The City receives an allocation of the countywide special parcel tax pursuant to Measure W (Safe, Clean Water Act) for parcels located within the Los Angeles County Flood Control District. These revenues are intended for storm water recycling and water quality improvement projects and programs. The City receives a single payment each year for the full annual allocation. In January 2024, the City received approximately $103,765, which is very close to the $105,000 budget.
Actual costs will not be known until year end and discussed previously in the context of Stormwater costs charged to the General Fund.
146
8 ENTERPRISE FUND
Refuse Fund
The Refuse Fund is the City’s only enterprise fund. Enterprise funds are typically used to account for utilities owned and operated by governments, such as water, wastewater, electricity, and refuse, and other operations that are similar to those provided by the private sector, such as airports and golf courses.
The Refuse Fund accounts for the contracted waste collection and disposal for all City of Rolling Hills residents. The fees charged to City residents are processed as a “Direct Assessment” through the County Assessor’s Office, which means the annual total is added to the property tax bill sent to property owners by the County and is payable in two installments. Thus, the payments the City receives from the County for refuse services coincide with the payments we receive for regular property taxes.
After several years of subsidized rates via the General Fund, rates for refuse services were calculated to fully recover the contracted cost of services, which will total approximately $981,336 for this fiscal year. Through March, half of the costs have been incurred since the City only receives two invoices – one in December and the second in June. Ultimately, costs will line up with the budget. Revenues, budgeted at $1,005,336, are intended to cover the $981,336 to be paid to the refuse contractor plus $24,000 paid by the General Fund for administrative support. Through March, revenues are $634,241. However, based on the two payments received from the County for April and May, revenues should also line up with expectations at fiscal yearend. 147
ATTACHMENT 2
Actuals Variance
Adopted Pro-Rata Thru Favorable
Budget Budget 03/31/24 (Unfavorable)
401 Property Taxes $ 1,496,250 $ 897,750 * $ 856,532 $ (41,218) 405 Sales Taxes 13,905 10,429 9,497 (932)
410 Property Transfer Tax 56,222 42,166 42,333 167
415 Other Taxes 1,000 750 - (750)
420 Motor Vehicle In Lieu 269,267 201,951 138,334 (63,617) 440 Building & Other Permits 600,000 450,000 274,248 (175,752) 441 C&D Permits 5,600 4,200 6,100 1,900
450 Variance, Planning & Zoning 67,000 50,250 19,642 (30,608) 455 Animal Control Fees 150 113 343 231
460 Franchise Fees 13,000 9,750 7,651 (2,100)
480 Fines & Traffic Violations 3,500 2,625 4,300 1,675
482 Cost Recoivery - Publications 7,200 5,400 3,000 (2,400) 600 RHCA Lease Revenue 69,000 51,750 51,743 (7)
650 Public Safety Aug Fund 1,200 900 848 (52)
670 Interest on Investments 110,000 82,500 125,099 42,599 671 PARS Earnings 20,000 15,000 38,730 23,730
675 Miscellaneous Revenue 5,000 3,750 5,556 1,806
699 Transfers In - Refuse Fund 24,000 18,000 18,000 -
TOTALS $ 2,762,294 $ 1,847,283 $ 1,601,954 $ (245,329)
* Seasonally adjusted budget at 3/31/24
Budget Vs Actual Through March 31, 2024
General Fund Revenues
148
ATTACHMENT 3
Actuals Variance
Amended Pro-Rated Thru Favorable
Department Budget Budget Budget 03/31/24 (Unfav)
City Administrator $ 957,138 $ 1,063,827 $ 797,870 $ 553,971 $ 243,900 Finance 154,400 154,400 115,800 120,413 (4,613)
Planning & Development 858,801 858,801 644,101 488,726 155,374 Public Safety 270,000 317,578 238,184 200,819 37,365
Non-Departmental 134,018 141,618 106,214 139,461 (33,247) City Properties 181,100 189,200 141,900 120,834 21,066
Total Operations 2,555,457 2,725,424 2,044,068 1,624,224 419,844 Capital Transfers 250,000 1,660,814 1,245,610 198,862 1,046,748 GENERAL FUND TOTALS $ 2,805,457 $ 4,386,238 $ 3,289,679 $ 1,823,086 $ 1,466,593
CITY OF ROLLING HILLS
General Fund Expenditures by Department
Budget Vs. Actual
Nine Months Ended March 31, 2024
Adopted
1 Page: 1 149
ATTACHMENT 4
Actuals Variance
Amended Pro-Rated Thru Favorable
Budget Budget 3/31/24 (Unfav)
01 - CITY ADMINISTRATOR
702 Salaries -Full Time $ 505,294 $ 378,971 $ 269,254 $ 109,717 705 Temporary Salaries 7,000 5,250 22,476 (17,226)
710 Retirement CalPERS-Employer 46,935 35,201 9,316 25,885 712 CalPERS Unfunded Liability - - 62,424 (62,424)
715 Workers Compensation Insurance 9,100 6,825 6,825 0
716 Group Insurance 72,907 54,680 28,439 26,241
717 Retiree Medical 37,500 28,125 21,471 6,654
718 Employer Payroll Taxes 39,401 29,551 19,294 10,257
719 Deferred Compensation 4,718 3,539 317 3,221
720 Auto Allowance 4,800 3,600 1,389 2,211
721 Phone Allowance 2,520 1,890 929 961
740 Office Supplies 13,000 9,750 6,874 2,876
745 Equipment Leasing Costs 11,000 8,250 3,203 5,047
750 Dues & Subscriptions 14,240 10,680 6,595 4,085
755 Conference Expense 1,873 1,405 50 1,355
757 Meetings Expense 2,000 1,500 1,130 370
759 Training & Education 5,000 3,750 - 3,750
761 Auto Mileage 500 375 236 139
765 Postage 21,000 15,750 5,596 10,154
775 City Council Expense 5,000 3,750 5,631 (1,881)
776 Miscellaneous Expenses 4,750 3,563 133 3,430
780 Comm./Newsletters & Outreach 5,000 3,750 - 3,750
785 Codification 3,000 2,250 1,518 732
790 Advertising 2,400 1,800 1,600 200
795 Other Gen Admin Expense 2,500 1,875 1,978 (103)
801 City Attorney 90,000 67,500 33,535 33,965
802 Legal Expense - Other 3,000 2,250 13,761 (11,511)
820 Website 6,000 4,500 58 4,442
890 Consulting Fees 101,895 76,421 29,640 46,781
891 Records Management 41,494 31,121 300 30,821
Total City Administrator 1,063,827 797,870 553,971 243,900 Department/Object Account
CITY OF ROLLING HILLS
GENERAL FUND EXPENDITURES
Nine Months Ended March 31, 2024
1 Page: 1 150
ATTACHMENT 4
Actuals Variance
Amended Pro-Rated Thru Favorable
Department/Object Account Budget Budget 3/31/24 (Unfav)
CITY OF ROLLING HILLS
GENERAL FUND EXPENDITURES
Nine Months Ended March 31, 2024
05 - FINANCE
740 Office Supplies
750 Dues & Subscriptions 3,000 2,250 2,701 (451)
810 Annual Audit 31,400 23,550 20,725 2,825
890 Consulting Fees 120,000 90,000 96,988 (6,988)
Total Finance 154,400 115,800 120,413 (4,613)
15- PLANNING & DEVELOPMENT
702 Salaries 212,515 159,386 153,457 5,929
703 Salaries - Part-Time 27,610 20,708 4,856 15,852
710 Retirement CalPERS-Employer 16,750 12,563 10,300 2,262 715 Workers Comp. Insurance 3,900 2,925 2,925 -
716 Group Insurance 42,669 32,002 24,725 7,277
718 Employer Payroll Taxes 18,527 13,895 11,927 1,969
719 Deferred Comp 865 649 317 331
720 Auto Allowance 1,200 900 900 -
721 Phone Allowance 600 450 450 -
761 Auto Mileage 300 225 - 225
750 Dues & Subscription 5,500 4,125 926 3,199
755 Conference Expense 385 289 1,782 (1,493)
759 Training & Education 1,000 750 - 750
776 Miscellaneous Expenses - - 1,166 (1,166)
790 Publication/Advertising/Noticing 15,000 11,250 5,568 5,683 802 Legal Expenses-Other 10,000 7,500 10,474 (2,974)
872 Property Development-Legal Exp 50,000 37,500 21,254 16,246 875 Willdan Building 30,000 22,500 27,955 (5,455)
878 Build Inspect. LA County 250,000 187,500 118,796 68,704 881 Storm Water Management 84,100 63,075 45,137 17,939
884 Special Project Study & Consult. 20,000 15,000 15,000 886 Code Enforcement 62,880 47,160 42,519 4,642
890 Consulting Fees (Onward) - - - -
928 Traffic Engineering 5,000 3,750 3,294 456
Total Planning & Development 858,801 644,101 488,726 155,374 2 Page: 2 151
ATTACHMENT 4
Actuals Variance
Amended Pro-Rated Thru Favorable
Department/Object Account Budget Budget 3/31/24 (Unfav)
CITY OF ROLLING HILLS
GENERAL FUND EXPENDITURES
Nine Months Ended March 31, 2024
25 - PUBLIC SAFETY
830 Law Enforcement 255,000 191,250 188,899 2,351
833 Other Law Enforcement Exp 39,078 29,309 1,093 28,215 837 Wild Life Mgmt & Pest Control 18,500 13,875 6,670 7,205 838 Animal Control Expense 5,000 3,750 4,156 (406)
Total Public Safety 317,578 238,184 200,819 37,365
65 - NON-DEPARTMENTAL
895 Insurance & Bond Expense 37,018 27,764 68,028 (40,265) 901 South Bay Comm. Organization 17,600 13,200 5,321 7,879 915 Community Recognition 10,000 7,500 7,599 (99)
917 Emergency Preparedness 77,000 57,750 58,513 (763)
Total Non-Departmental 141,618 106,214 139,461 (33,247) 75 - CITY PROPERTIES
892 IT Services 61,200 45,900 46,405 (505)
893 Granicus Services 8,300 6,225 8,143 (1,918)
894 Computer Hardware Fund 5,000 3,750 - 3,750
925 Utilities 60,000 45,000 42,261 2,739
930 Repairs & Maintenance 16,000 12,000 10,843 1,157
931 Area Maintenance - - 1,344 (1,344)
932 Area Landscaping 23,700 17,775 11,839 5,936
946 Buildings & Equipment 15,000 11,250 - 11,250
Total City Properties 189,200 141,900 120,834 21,066
TOTALS BEFORE TRANSFERS 2,725,424 2,044,068 1,624,224 419,844
OPERATING TRANSFERS OUT
999 Capital Grants Fund (16) 628,381 471,285 - 471,285
999 Capital Impr Fund (Fund 40) 1,032,433 774,325 198,862 575,463 Total Transfers Out 1,660,814 1,245,610 198,862 1,046,748 GENERAL FUND TOTAL $ 4,386,238 $ 3,289,679 $ 1,823,086 $ 1,466,593 3 Page: 3 152
ATTACHMENT 5
Amended Pro-Rated Actuals Variance
Budget Budget 3/31/24 Fav (Unfav)
10 - COPS FUND
Revenues
570 COPS Allocation $ 165,000 $ 123,750 $ 186,254 $ 62,504 Expenditures
840 COPS Program Expenditures 165,000 $ 123,750 87,904 (35,846) Revenues Over (Under) Expenditures $ - $ - $ 98,350 $ 98,350 16 - CAPITAL GRANT FUND
Revenues
588 Crest Road FEMA Grant - 4434-526-112R $ 1,135,337 $ 851,503 $ - $ (851,503) 589 Safety Element Disaster Grants - DR 4344 PL0521 - - - - 590 Veg. Mgmnt FEMA Grant - HMGP-4382-175-13R 172,215 129,161 - (129,161) 591 Eastfield U/Grounding FEMA DR-4382-177-7R-CA 1,951,059 1,463,294 - (1,463,294) 699 Transfers In - General Fund - Safety Element - - - - 699 Transfers In - Utility Fund - Crest Rd 4434-526-112R 381,819 286,364 - (286,364) 699 Transfers In - Gen Fund - Crest Rd 4344-526-112R - - - - 699 Transfers In - Gen Fund - Eastfiled DR4382-177-7R - - - - 699 Transfers In - Utility Fund - Eastfiled DR4382-177-7R 657,294 492,971 - (492,971) 699 Transfers In - General Fund - HMGP-4382-175-13R 51,311 38,483 - (38,483) Total Revenues 4,349,035 3,261,776 - (3,261,776)
-
Expenditures -
957 Crest Road East Project - 4434-526-112R 1,301,109 975,832 45,898 929,934 958 Safety Element DR4344-PL0521 219,189 164,392 - 164,392 959 Veg. Mgmt Mitig. Proj. - HMGP-4382-175-13R - - 1,595 (1,595) 960 Eastfield Drive Utility U.G. - 4382-177-7R 2,581,945 1,936,459 - 1,936,459 Total Expenditures 4,102,243 3,076,682 47,493 3,029,189 Revenues Over (Under) Expenditures $ 246,792 $ 185,094 $ (47,493) $ (232,587) 22 - TDA FUND
Revenues
509 TDA Grant Revenues $ - $ - $ 5,000 $ 5,000
Expenditures
XXX TDA Expenditures - $ - - -
$ - $ - $ 5,000 $ 5,000
25 - PROPOSITION A FUND
Revenues
500 Grant Revenues $ 52,000 $ 39,000 $ 34,129 $ (4,871) 670 Interest Earned 300 225 - 33,904
Total Revenues 52,300 39,225 34,129 29,032
Expenditures
620 Prop A Exchange - - - -
Revenues Over (Under) Expenditures $ 52,300 $ 39,225 $ 34,129 $ 29,032
CITY OF ROLLING HILLS
Status of Revenues and Expenditures
Restricted, Capital, and Refuse Funds
Nine Months Ended March 31, 2024
1 153
ATTACHMENT 5
Amended Pro-Rated Actuals Variance
Budget Budget 3/31/24 Fav (Unfav)
26 - PROPOSITION C
Revenues
501 Grant Revenue-Prop C $ 43,000 $ 32,250 $ 28,318 $ (3,932) 670 Interest Earned 250 188 - 28,130
Total Revenues 43,250 32,438 28,318 24,198
Expenditures
906 Prop C Gifted - - - -
Revenues Over (Under) Expenditures $ 43,250 $ 32,438 $ 28,318 $ 24,198 27- MEASURE R TRANSIT
Revenues
502 Measure R Grant Revenues $ 33,000 $ 24,750 $ 18,904 $ (5,846) 670 Interest Earned 250 188 - 18,717
Total Revenues 33,250 24,938 18,904 12,871
Expenditures
907 Measure R Gifted - - - -
Revenues Over (Under) Expenditures $ 33,250 $ 24,938 $ 18,904 $ 12,871 29 - MEASURE M
Revenues
507 Measure M Local Return $ 37,000 $ 27,750 $ 21,325 $ (6,425) 670 Interest Earned 250 188 - 21,138
Total Revenues 37,250 27,938 21,325 14,713
Expenditures
XXX Measure M Gifted - - - -
Revenues Over (Under) Expenditures $ 37,250 $ 27,938 $ 21,325 $ 14,713 30 - MEASURE W
Revenues
508 Grant Revenues $ 105,000 $ 78,750 $ 103,765 $ 25,015 670 Interest Earned 500 375 - 375
Total Revenues 105,500 79,125 103,765 25,390
Expenditures
913 Storm Water Management - 30% 31,650 23,738 - 23,738 914 Storm Water Management - 70% 73,850 55,388 44,092 11,295 105,500 79,125 44,092 35,033
Revenues Over (Under) Expenditures $ - $ - $ 59,673 $ (9,643) 40 - CAPITAL PROJECTS FUND
Revenues
Transfers from General Fund $ 1,031,442 $ 773,582 $ 198,862 $ (574,720) 1,031,442 773,582 198,862 (574,720)
Expenditures
887 Sewer Feasibility Project 9,010 6,758 8,978 2,220
890 Consulting Fees 21,100 15,825 - (15,825)
2 154
ATTACHMENT 5
Amended Pro-Rated Actuals Variance
Budget Budget 3/31/24 Fav (Unfav)
899 Outdoor Siren System - Design & Constr 293,220 219,915 131,449 (88,466) 934 Equestrian Fence Replacement 26,725 20,043 19,295
935 Tennis Court Improvenments 307,000 230,250 6,848 (223,403) 947 Non-Building Improvements - - - -
948 City Hall Improvements 19,456 14,592 7,590 (7,002)
949 Battery/Solar Back-Up 250,000 187,500 - (187,500)
961 Middleridge Road Emergency Storm Drain Repairs 71,173 53,380 - (53,380) 962 Phase 1 Bifurcated 8" Sewer Main Engineering 22,598 16,949 908 (16,041) 963 Generator & Waterproof Removal and Electrical Svcs 6,994 5,246 - (5,246) 964 HVAC Replacement Project 30,892 23,169 23,796 627
Total Expenditures 1,058,168 793,626 198,862 (594,015)
Revenues Over (Under) Expenditures $ (26,726) $ (20,044) $ (0) $ 19,296 50 - REFUSE FUND
Revenues
665 Service Charges $ 1,005,336 $ 754,002 $ 634,241 $ (119,761) 699 Transfers In - General Fund - - - -
Total Revenues 1,005,336 754,002 634,241 (119,761)
Expenditures
815 Refuse Service Contract 981,336 736,002 490,498 (245,504) 790 Advertising - - -
999 Transfers Out 24,000 18,000 18,000 -
Total Expenditures 1,005,336 754,002 508,498 (245,504)
Revenues Over (Under) Expenditures $ - $ - $ 125,743 $ 125,743 3 155
ATTACHMENT 6
Res. Account
No. Date Description Amount Type Number
Budgeted Surplus (Deficit) $ (43,163.00)
FY 2023/24 Amendments
Alan Palermo - Project Management 1343 07/10/2023 Transfer from GF to CIP Fund 21,100.00 One-Time 01-00-999 Tennis Court Improvements 1344 07/10/2023 Transfer from GF to CIP Fund 307,000.00 One-Time 01-00-999 Grant Writing Services 1345 07/10/2023 Sub-Appl for Fire Fuel Abatement 30,470.00 One-Time 01-01-890 AC Pros City Hall HVAC Repl Project 1347 08/28/2023 Transfer from GF to CIP Fund 30,892.20 One-Time 01-00-999 Community Organizations 1352 11/13/2023 Contr to Local Volunteer Orgs 7,600.00 Ongoing 01-65-901 Crest Road East Power Line 1355 02/24/2024 Rule 20C Undergrounding 577,069.90 One-Time 01-00-999 ADA Improvements Project 1356 02/12/2024 Additional Design & Engineering 11,500.00 One-Time 01-00-999 Area Landscaping 1357 02/12/2024 Additional Lanscaping - Bennet 8,100.00 Ongoing 01-75-932 Wildlife Management 1358 02/26/2024 Additional Coyote Mgmt 12,500.00 Ongoing 01-25-837 Other Law Enforcement Services 1359 03/11/2024 Auto Lic Plate Recog Program 34,420.00 One-Time 01-25-833 Other Law Enforcement Services 1360 03/11/2024 LIDAR/RADAR Speed Det Device 658.21 One-Time 01-25-833 Total Amendments 1,041,310.31
Total Budgeted Use of Reserves $ (1,084,473.31)
Fund Balance - July 1, 2023 4,633,046.00
Budgeted Use of Reserves (1,084,473.31)
Reserve for Contingencies (2,650,498.00)
Reserves Above Policy $ 898,074.69
CITY OF ROLLING HILLS
Summary of Budget Adjustments
Nine Months Ended March 31, 2024
156
Agenda Item No.: 13.B
Mtg. Date: 06/10/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KARINA BAÑALES, CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: ADOPT RESOLUTION NO. 1369 APPROVING A FIVE-YEAR
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA)
WITH THE COUNTY OF LOS ANGELES FOR PUBLIC SERVICES
PROVIDED BY THE LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO
PROCURE SERVICES OF THE LOS ANGELES COUNTY SHERIFF’S
DEPARTMENT ANNUALLY UP TO AN AMOUNT AUTHORIZED IN THE
CITY’S OPERATING AND CAPITAL BUDGET FOR THE PERIOD OF
JULY 1, 2024 THROUGH JUNE 30, 2029; AND AUTHORIZE THE
MAYOR TO EXECUTE THE MLESA
DATE: June 10, 2024
BACKGROUND:
The current Municipal Law Enforcement Services Agreement (MLESA) between the City of Rolling Hills and the County of Los Angeles is set to expire on June 30, 2024 (Attachment C).
In preparation, a new five-year agreement has been drafted for the City Council's review and approval, with the next term starting on July 1, 2024, and concluding on June 30, 2029 (Attachment B). It is important to note that the 2024-2029 MLESA exhibits are not included as they are pending the individual contract agencies’ agreements going to the Board of Supervisors for approval later this month. Staff will return to the City Council with exhibits at the first meeting in July.
Over the past year, a subcommittee from the California Contract Cities Association (CCCA), consisting of City Managers, collaborated with the County and the Los Angeles Sheriff's Department (LASD) to negotiate and revise the MLESA. The proposed agreement includes revisions that were mutually agreed upon by the County and the CCCA subcommittee (Attachment A).
In addition to the MLESAs approved over the past few decades, the contract cities have entered into three significant agreements concerning liability and indemnification for County services:
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1977 Assumption of Liability: The County established a fund to cover liability costs associated with contract services, assuming liability and defense for contract cities (Attachment F) (replaced by the 1991 Joint Indemnity Agreement for law enforcement services). 1991 Joint Indemnity Agreement: The County and cities established the structure of the Liability Trust Fund, transferring responsibility for liability and payment for settlements and claims to this fund, which is fully funded by contract cities (Attachment G). 2009 Special Indemnity Agreement: The County and cities agreed to split the liability and funding responsibility equally for certain cases involving deputies or other peace officers incurring felony convictions or any criminal convictions of certain sexual crimes (Attachment H).
While the County accepted some of the recommended subcommittee changes, there were a number of changes not accepted. Additionally, no agreement on changes to liability and indemnity language was reached prior to the renewal deadline. As was added in Section 5.4 to the MLESA (Attachment B), the subcommittee and County will continue discussions regarding liability and indemnity language revisions to share the financial exposure with the County instead of the current burden falling completely on the Liability Trust Fund, and by extension, the contract cities.
This evening, staff seeks City Council consideration for adoption of the attached resolution authorizing the City Manager to sign the five-year MLESA agreement for 2024-2029.
DISCUSSION:
Contracting for law enforcement services in Los Angeles County dates back to 1954 when the City of Lakewood first contracted with the County. Currently, 42 cities contract with the County through the Los Angeles Sheriff's Department for primary and supplemental law enforcement services, representing almost half of the 88 Los Angeles cities.
Authority to Contract for Law Enforcement Services
Under California Government Code Section 51301 et seq, the City has the authority to contract with the County for public safety services. The term of any such contract shall not exceed five years but may be renewed for subsequent five-year periods, provided a decision to continue is made at least a year before the expiration of any current term. The upcoming MLESA is a five-year agreement requiring approval by June 30, 2024, to continue services.
County Can Recover Costs for Contract Services
According to California Government Code Section 51350, the County must charge the contracting city for all costs incurred due to the agreement. This excludes any indirect overhead charges or costs attributed to services provided countywide or are general county government operational overheads. Thus, the County’s Auditor/Controller established a complex formula to set the price of each contract service unit, and the Liability Trust Fund Claims Board determined the recommended funding level for the liability component based on an actuarial study. Together, these two components form the total cost per service unit assessed to the contract cities for each service unit procured.
City Orders Law Enforcement Resources from the County
Annually, the City issues a Service Level Authorization, commonly referred to as the “575 form,” which specifies the resources provided to the City. For reference, staff is presenting the 158
Fiscal Year 23/24 575 form (Attachment D).
For 2024-25, the City will procure the same number of resources as indicated in the FY23/24 575 form, with the estimated costs increasing by 3.94% and a 12% charge to the Liability Trust Fund covering settlements and claims arising from MLESA operations. Finance has incorporated the increase into the Fiscal Year 24/25 budget.
Changes to the 2024-2029 MLESA
The included MLESA includes several changes based on the contract cities negotiations that benefit the city. The changes include:
Performance will be by Service Unit Rather than Overall The Agreement performance standard changes from one measure overall to several measures at the service unit level. As the MLESA performance is based on service minutes, the number of deputies and civilians procured by a city are translated into available minutes.
This allows the County to mix and match minutes to achieve their 98-102% target but can lead to unintended consequences to underperform in areas like traffic, special assignment, or motor units.
Benefit: The change would set the 98-102% performance target for each specific unit – patrol, motor, special assignment deputies increasing accountability to cities receiving the level of service expected when procuring specific resources. As an example, overages in patrol minutes cannot be made up by reducing service levels of a motor unit or special assignment deputy and vice versa.
Retaining Vehicle of Deleted Service Unit
When a city adds a new resource that requires a vehicle (i.e. new deputy), the city incurs a significant first-year expense for the additional vehicle required for this new deputy. The maintenance and replacement costs of the vehicle are already integrated into the annual charge to the city if the city keeps the new deputy. While the LASD has a practice on this, the language of the MLESA was not explicit to protect a city from losing a deputy temporarily and then paying another new vehicle cost when the city restored the deputy. The MLESA adds language that a city can regain access to a vehicle procured with a new deputy service unit when the unit is deleted and restored within 24 months.
Benefit: This codifies the language and extends it from 12 to 24 months giving more flexibility for a city to avoid incurring a new vehicle cost.
Transfer of City Property to County
The Agreement requires separate written agreements managed at the LASD contract city stations to govern items purchased by the City and temporarily transferred to the County.
Additionally, the County must maintain a detailed and regularly updated inventory of all nonvehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location.
Benefit: This language increases transparency and accountability in the handling of the City’s assets where the MLESA was previously silent.
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Equipment Replacement after Extended Maintenance and Repair The Agreement requires that the County will make best efforts to provide a temporary replacement if the original equipment takes more than 60 days to be returned.
Benefit: The language strengthens the required effort the County must undertake to provide a replacement. A best effort would require the LASD to be more diligent in providing a replacement.
Continue Negotiations on Indemnity Agreements
The Agreement includes Section 5.4 which acknowledges indirectly the continued negotiations between the County and contract cities related to concerns that cities bear the full cost of liability for contract activities when the County should share in such liability. A Letter of Understanding (Attachment E) between the County and the California Contract Cities Association outlines how both parties will work towards addressing concerns in several areas raised by contract cities.
Benefit: The language does not guarantee a change, but it recognizes a mutual interest in ensuring the long-term viability of the Liability Trust Fund and controlling the increasing burden placed on cities for activities a city does not control. The County controls aspects of law enforcement operations (i.e., training, supervision, hiring, discipline, etc.) and to some extent should incur some of the liability, such as when there is gross negligence not controllable by a city. Further negotiations are a positive step.
Liability Trust Fund Claims Board
As established in the 1991 Joint Indemnity Agreement, the County formed the Los Angeles Contract Cities Liability Trust Fund Claims Board (Board) to review and approve settlement of claims and lawsuits for money damages which are paid from the County’s Contract Cities Liability Trust Fund. The Board consists of eleven members nominated by the California Contract Cities Association and appointed by the Los Angeles Board of Supervisors. The members include city council members, city managers, and representatives from the California Contract Cities Association.
The Liability Trust Fund is comprised of two funds – the Sheriff's Department Fund and the All Other Departments fund. This is a County trust account funded by contract cities to reimburse the County for all costs related contract city operations leading to litigation and settlements as a part of MLESA operations. The Liability Trust Fund is self-insured for liabilities up to $10 million and carries insurance up to $40,000,000.
The Liability Trust Fund has experienced significant payouts due to settlements and litigation work. The settlements are such a large exposure that insurers have been increasing the selfinsurance retention (amount paid from the fund before tapping insurance) of $2 million in 2011-12 to $10 million in 2023-24, and the rate paid by contract cities has risen from 4% to 12%, respectively, and will be 12.5% in 2024-25.
Given that all activities of the contract cities in the MLESA are the responsibility of the County and contract cities have no authority to govern over actions to reduce liability, the subcommittee feels strongly of the need to revisit the liability and indemnity relationship between the contract cities and the County to ensure balance in who pays for settlements and 160
litigations. The purpose is to ensure the long-term viability of the Liability Trust Fund and the contract model. Further, with the County being exposed to more financial risk associated with operations that only they can control, there will be a greater incentive to ensure more risk reduction approaches and opportunities are leveraged to reduce the overall losses incurred by both the County and the contract cities.
While the subcommittee proposed changes to liability and indemnity language, the County desired additional time to discuss and consider changes. Consequently, the subcommittee will continue discussions on amending this language even after the MLESA is approved by the June 30, 2024 deadline, with the existing liability and indemnity language in place since the last MLESA.
CONCLUSION
City staff recommend approval of this revised MLESA. The changes to the MLESA strengthen the accountability for the City. Discussions continue related to revising liability and indemnity language.
FISCAL IMPACT:
Changes to the MLESA do not alter the cost structure of the previous agreement. Rates for law enforcement services are provided annually by the County of Los Angeles Auditor/Controller and are determined based on the fully burdened cost of deploying service units, including variables such as salary, benefits, equipment (vehicles, radios, maintenance, etc.), management overhead, vacation and sick relief, detective services, dispatch and front desk personnel, station jailer services, and civilian positions.
Staff will return with FY 24/25 575 form at the first meeting in July.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
Attachment A - ResolutionNo1369_MLESA_FY2024-29_F.pdf
Attachment B - CA_AGR_240610_MLESA_2025-29_F.pdf
Attachment C - CA_AGR_190717_MLESA_2019-24_F_E.pdf
Attachment D - CA_AGR_230608_LACoSheriff_575Form_FY23-24_F_E.pdf Attachment E - GV_GVO_240610_CCA_LiabilityTrustFund_LOU_FinalDraft.pdf Attachment F - CA_AGR_1977_LACo_LASD_AssumptionOfLiability.pdf Attachment G - CA_AGR_1991_LACo_LASD_JointIndemnity.pdf Attachment H - CA_AGR_2009_LACo_LASD_SpecialIndemnity.pdf 161
Resolution No. 1369 1
RESOLUTION NO. 1369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA, APPROVING A FIVE-YEAR
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
WITH THE COUNTY OF LOS ANGELES FOR PUBLIC
SERVICES PROVIDED BY THE LOS ANGELES COUNTY
SHERIFF’S DEPARTMENT AND AUTHORIZING THE CITY
MANAGER TO PROCURE SERVICES OF THE LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT ANNUALLY UP TO AN
AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND
CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024
THROUGH JUNE 30, 2029
WHEREAS, The City of Rolling Hills, California (City) and the County of Los Angeles (County) have previously entered into a Municipal Law Enforcement Service Agreement (MLESA) whereby the County through its Sheriff’s Department (LASD) provides general and additional law enforcement services within the jurisdiction of the City; and
WHEREAS, the current MLESA expires on June 30, 2024, and the City desires to continue receiving general and additional law enforcement services from the County through the LASD for an additional five years; and
WHEREAS, the City intends to enter into an MLESA for a period starting July 1, 2024 through June 30, 2029 and to procure and allocate funds for such general law and additional services up to such amount appropriated in the City’s Annual Operating and Capital Budgets; and
WHEREAS, the City relies upon the City Manager or designee in partnership with the Station Captain of the LASD to implement the MLESA in such manner to best protect the public safety interests of the City of Rolling Hills and to make such operational changes as necessary to implement the MLESA and fulfill the public safety needs of the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Rolling Hills does hereby resolve that:
Section 1. The City Council of the City of Rolling Hills hereby approves the Municipal Law Enforcement Services Agreement between the City and the County for 162
Resolution No. 1369 2
law enforcement and additional services for a five-year period beginning July 1, 2024 and expiring on June 30, 2029.
Section 2. The Mayor is authorized to execute the Municipal Law Enforcement Services Agreement on behalf of the City.
Section 3. The City Manager or his designee is authorized to procure annual services up to the appropriated amount provided in the City’s Annual Operating and Capital Budgets and to make any such operational changes to further the public safety interest of the City when necessary and shall endeavor to bring any such item to the City Council when feasible. Permanently deleting or adding positions will be brought back to the City Council for authorization and approval.
Section 4. The City requests that the Los Angeles County Board of Supervisors, or its designated agent or agency, approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the MLESA and any other relevant agreement(s).
Section 5. The City Clerk shall attest and certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 10th day of June, 2024 ______________________________
LEAH MIRSCH
MAYOR
ATTEST:
___________________________
CHRISTIAN HORVATH
CITY CLERK
163
Resolution No. 1369 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1369 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA, APPROVING A FIVE-YEAR
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
WITH THE COUNTY OF LOS ANGELES FOR PUBLIC
SERVICES PROVIDED BY THE LOS ANGELES COUNTY
SHERIFF’S DEPARTMENT AND AUTHORIZING THE CITY
MANAGER TO PROCURE SERVICES OF THE LOS ANGELES
COUNTY SHERIFF’S DEPARTMENT ANNUALLY UP TO AN
AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND
CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024
THROUGH JUNE 30, 2029
was approved and adopted at a regular meeting of the City Council on the 10th day of June 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
164
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF ROLLING HILLS
TABLE OF CONTENTS
SECTION TITLE PAGE
RECITALS............................................................................................................. 1
1.0 SCOPE OF SERVICES…………............................................................ 1
2.0 ADMINISTRATION OF PERSONNEL................................................. 2
3.0 DEPLOYMENT OF PERSONNEL......................................................... 3
4.0 PERFORMANCE OF AGREEMENT.................................................... 6
5.0 INDEMNIFICATION............................................................................... 7
6.0 TERM OF AGREEMENT........................................................................ 8
7.0 RIGHT OF TERMINATION................................................................... 9
8.0 BILLING RATES….................................................................................. 9
9.0 PAYMENT PROCEDURES.................................................................... 10
10.0 NOTICES……………………................................................................... 11
11.0 AMENDMENTS…………….................................................................... 11
12.0 AUTHORIZATION WARRANTY......................................................... 12
13.0 ENTIRE AGREEMENT.......................................................................... 12 SIGNATURES....................................................................................................... 13 ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form
ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet
ATTACHMENT C: Public Safety Equipment Use Requirements
165
1 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF ROLLING HILLS
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this 10th day ofJune, 2024 by and between the County of Los Angeles ("County") and the City of Rolling Hills ("City").
RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, this Agreement is authorized by Sections 56½ and 56¾ of the County Charter and California Government Code Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
1.1 The County, by and through the Sheriff's Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.
1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, State of California statutes, and the City municipal codes.
1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
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2 2.0 ADMINISTRATION OF PERSONNEL
2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City.
2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours.
2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City.
The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff.
2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.
2.5 All City employees who work in conjunction with the Sheriff’s Department pursuant to this Agreement shall remain employees of the City and shall not have 167
3 any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions.
2.6 While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances.
2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriff's Department salaries, wages, or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of the performance of services under this Agreement.
2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT OF PERSONNEL
3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.
3.2 The City, or its designated representative, shall meet with its respective Sheriff's Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriff's Department Station Captain regarding the method of deployment for such services. The City and the 168
4 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriff's Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City.
3.3 The Sheriff's Department shall make every attempt to avoid deployment deficiencies (i.e., “busting” of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the 169
5 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above.
3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter.
3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available.
3.4 A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement.
3.5 Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement.
3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City.
3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth 170
6 in Paragraphs 3.4 and 3.5 above.
3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement.
3.9 When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services.
4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures.
4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location 171
7 of equipment. The inventory shall be kept current and accurate at all times during the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level.
4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff’s Department substation within the City which would not normally be provided by the Sheriff’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities.
4.4 It is expressly further understood that in the event a local office or building is maintained in the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City.
4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.
5.0 INDEMNIFICATION
5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein.
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8 5.2 The parties hereto have also executed a County-City Special Indemnity Agreement approved by the County Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein.
5.3 In the event the County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.
5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and incorporated herein for the entire duration of this Agreement.
6.0 TERM OF AGREEMENT
6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless sooner terminated or extended as provided for herein.
6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each.
6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then-existing term.
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9 7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than one hundred eighty (180) calendar days prior thereto.
7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City’s notice to the County.
7.3 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination.
7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law.
8.0 BILLING RATES
8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller.
8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.
8.3 The City shall be billed at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County 174
10 Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.
8.4 The billing rates for other services and equipment requested pursuant to Paragraph
3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice.
9.2 If such payment is not delivered to the County office which is described on the invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice.
The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.
9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the invoice due date, or in the case of disputed amounts, calculated from the date the resolution is memorialized.
9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's 175
11 intention to do so.
10.0 NOTICES
10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.
10.2 Notices to the County shall be addressed as follows:
Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7th Floor
Los Angeles, California 90012
Phone #: 213-229-1647
10.3 Notices to the City of shall be addressed as follows:
City of Rolling Hills
Attn: Karina Bañales, City Manager
Address: 2 Portuguese Bend Road, Rolling Hills, CA 90274 Phone #: 310-377-1521
11.0 AMENDMENTS
11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, all changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City.
11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement.
11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual revised Attachment B, Contract City Law Enforcement Services and Equipment 176
12 Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
This Agreement, including Attachment A, Attachment B, and Attachment C, and any Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
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13 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF ROLLING HILLS
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below.
COUNTY OF LOS ANGELES
By ________________________________
ROBERT G. LUNA
Sheriff
Date _______________________________
CITY OF ROLLING HILLS
By ________________________________
Date _______________________________
ATTEST:
By__________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
DAWYN R. HARRISON CITY ATTORNEY
County Counsel
By _________________________ By _________________________ Principal Deputy County Counsel
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LETTER OF UNDERSTANDING
BETWEEN
COUNTY OF LOS ANGELES
AND CONTRACT CITIES ASSOCIATION
REGARDING CONTRACT CITIES LIABILITY TRUST FUND
The Los Angeles County Sheriff's Department (LASD) provides law enforcement services to 42 cities in Los Angeles County (Contract Cities) through the Municipal Law Enforcement Services Agreement (MLESA). The MLESA is negotiated every five years, and we are pleased to have reached agreement with the Contract Cities on a five-year MLESA renewal, effective July 1, 2024. We value our mutual goal and partnership to keep our communities safe.
During the negotiation of the renewed MLESA, both Contract Cities and the County of Los Angeles (County) agreed that continued discussions around the MLESA’s indemnification provisions are warranted. The increasing value of legal settlements and jury verdicts, escalating insurance costs, and other factors have raised concerns about the potential for exposure to liability at severe or unanticipated levels.
This Letter of Understanding (LOU) sets forth the framework within which the County and Contract Cities intend to continue discussions around the MLESA’s indemnification provisions. It is not intended, nor shall it be construed, to impose any monetary or legal duty upon either party.
I. PURPOSE
The purpose of this LOU is to memorialize the County’s and Contract Cities’ mutual intent to continue to discuss potential changes to the indemnification provisions contained in Section 5.0 (Indemnification) of the MLESA, and to discuss funding models and practices with respect to liability costs.
In the renewed MLESA, the parties agreed to maintain the indemnification language from the prior MLESA for a period of nine (9) months, with an automatic extension for an additional six (6) months, to allow these continued discussions to take place.
Neither the County nor Contract Cities are committing to any particular resolution or agreement resulting from these discussions, and this LOU is not enforceable against either the County or Contract Cities.