03-28-16�--�---^----. _ ..... �---�..
MINUTES OF
AN ADJOURNED REGULAR MEETING
OF THE
C�TY C�UNCIL �F THE
CITY OF ROLLING HILLS,CALIFORNIA
MONDAY,MARCH 28,201G
CALL TO ORDER
An adjourned regular meeting of the City Council of the City of Rolling Hi�ls was called to order by
Mayor Pieper at 7:01 p.m, in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, Califoznia.
R4LL CALL
Councilmembers Present: Black,Dieringer,Mirsch, Wilson and Mayor Pieper.
Councilmembers Absent: None.
Others Present: Raymond R. Cruz, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz,Planning Director.
Heidi Luce, City Clerk.
Kathleen McGowan, McGowan Consulting.
Bern Galvin,2 Chuckwagon Road.
Shawn de Miranda, 5 El Cancho Lane.
Verna Balch, 6 Hackamore Road.
OPEN AGENDA-PUBLIC C�MMENT WELCUME
None.
CONSENT CALENDAR
A. Minutes -- (1) Adjourned Regular Meeting of March 14, 2016 and (2) Adjourned Regular
Meeting of March 21, 2016 (Fi�ld Trip).
RECOMMENDATIQN: Approve as presented.
B. Paymen#of Bills.
RECOMIVV�NDATTON: Approve as presen�ed.
C. Financia� Statement for the Month of February, 2016.
RECOMMENDATION: Approve as presented.
D. Allied Recycling Tonnage Report for February, 2016.
RECOIVIlV�NDATION: Receive and fi�e.
E. City Council Personnel Committee meeting notes of March 14, 2016
RECOMMENDATION: Receive and fle.
Councilmernber Black moved that the City Council approve the items on the consent calendar as
presented. Councilmember Wilson seconded the motion, which carried without objection.
CITY COUNCIL REORGAN�ZAT[ON
NOMINATION OF 2016-2017 MAYOR
Councilrnernber Mirsch nominated Mayor Pro Tem Dieringer to serve as Mayor far the 2016-2017 term.
Councilmember Black seconded the nomina.tion. Hearing no further nominations, Mayor Pieper closed the
nomi.nations and declared Mayor Pro Tem Dieringer Mayor by acclamation of the City Council.
NOMINATION OF 2016-2017 MAYOR PRQ TEM
Mayor Dieringer norninated Councilmember Black to serve as Mayor Pra Tem for the 2016-2017 term.
Cauncilmember Mirsch secanded the nomination, Hearing no further nominatians, Mayor Dieringer
closed the nominations and declared Councilmember Black Mayor Pro Tem by acclamation of the City
Couzzcil.
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DRAFT
COMMENT� FROM 2016-2017 MAYOR
Mayor Dieringer thanked her husband, famiiy and friends as well as the City Council for their support and
stated that it is a pri�ilege to serve the City.
PRESENTAT�ON TO MAYOR PIEPER IN RECOGNTTION OF HIS SERVICE DTJRING HIS
2015-2016 TERM AS MAYOR
Mayor Dieringer thanked outgoing Mayor Pieper for his service during his term as Mayor and presented
him with a plaque in apprecia#ion of his service. Councilmember Wilson, Mayor Pro Tem Black and
Councilmember Mirsch also expressed their appreciation to outgoing Mayor Pieper.
ADJOURNMENT TO RECEPTION
The City Councii adjaurned to a brief reception at 7:09 p.m.
The meeting was called back ta order at 7:28 p.m.
CONIl1rIISSI�N ITEMS
None.
Pi7BL�C HEARINGS
CONTTNUED PUBLIC HEARING FOR CONSIDERATION OF TWO APPEALS OF
COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FQRTH
F�NDINGS RELATING TO TRIMMING�F TREES AT 15 PORTUGUESE BEND ROAD DUE
TO VIEW IlvIPAIRMENT FR�M 18 PORTUGUESE BEND ROAD.
LOCATION OF TREES: 15 PORTUGUESE BEND ROAD
PROPERTY OWNER: MR. AND MRS. HASSOLDT
COMPLAINANTS: DR. AND MRS. NUCCION
18 PORTUGUESE BEND ROAD
Mayor Dieringer stated that with the concurrence of both appellants, consideration of this matter will be
continued to the City Council meeting scheduled to be held on Monday, Apri125, 2016 beginning a� 7:00
p.m, in the Council Chamber at City Hall, 2 Partuguese Bend Road, Rollin�g Hills, California.
OLD BUSINESS
SECOND R.EADING, WANE FULL READ�NG AND ADOPT ORDINANCE NO. AN
ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING T'ITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020
AND ADDIl�TG CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL CULTIVATION
OF MEDICAL MARINANA AND IMPOSE AN EXPRESS BAN ON COMMERCIAL
MEDICAL MARIJUANA CULTNATION AND DISPENSARTES WITHIN THE CITY IN
ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-U1.
Mayor Dieringer introduced the itexn and asked for staff's comments. Planning Director Schwartz
presented the staff report s�ating that at its last rz�eeting, the City Council introduced this ordinance
pertaining to cultivation and delivery of inedical marijuana for first reading; and the ordinance is presented
this evening, for second reading and adoption. Sl�e reviewed the provisions allowed under the proposed
ordinance, which include personal cultivation in limited quantities and delivery into the City by legitimate
dispensaries with a fixed storefront. She stated that all commercial cultivation as well as delivery by
mobile medical marijuana dispensaries would be prohibited under the proposed ordinance. She noted that
included with the staff report as requested by the City Council, is an opinian provided by Captain Dan
Beringer with the Lomita Sherif�s station stating that in his opinion the ordinance is responsive to the law
and does not pose any nuisance. She further re�iewed the regulations adopted by other local cites, noting
that Rancho Palas Verdes has nat adopted an ordinance and is awaiting the result of the ballot measure
relating ta medical marijuana that is on the November statewide ballot.
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City Council Meeting
03-28-16 -2-
DRAFT
In response to Mayor Dieringer, City Attorney Jenkins stated that there is no deadline by which cities are
required to take action.
Councilmember Pieper moved that the City Council tab�e consideration of this ordinance until the results
of the ballot measure relating to medical marijuana goes before the voters at the November 2016
Statewide Election are luiawn unless the City Attorney advises the City Council that sooner action is
necessary. Councilmember Wilson seconded the motion.
� In response to Mayor Pro Tem Black, Pianning Directar Schwartz stated that the City's ordinance is silent
with regard to dispensing and cultivation of rnedical marijt�ana; but if sornething is nat listed as allawed, it
is generally prohibited. In response to Mayor Dieringer, Cxty Attorney 7enkins sta.ted that if the City were
to take na action, the status quo would re�nnain which is an environment where commercial activity would
not be allowed, but cultivation is not addressed specifically.
Mayor Dieringer called for public commenf.
Bern Galvin, 2 Chuckwagon Road addressed the City Counci�regarding personal cultivation.
Shawn de Miraxida, 5 El Concho Lane addressed the City Council in oppasitian ta an ordinance that
would allaw cultivation of rnedical marijt�ana in the City.
Verna Balch, 6 Hackamare Raad addressed the City Council in oppasition to an ordinance that would
allow cultiva#ion of inedical marijuana in the City.
Following brief discussion and an explanation by the City Attomey as to how the City's current Municipal
Code relates to medical marijuana culti�ation and delivery, Mayor Dieringer called for a roil call vote and
the motior�to table consideration of this ordinance carried without objection.
NEW BUSINESS
�- MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT, 'THE COUNTY OF LOS ANGELES, AND THE CITIES OF
RANCHO PALOS VERDES, PALQS VERDES ESTATES, ROLLING HILLS, AND ROLLING
HILLS ESTATES REGARDING THE ADNIINISTRATION AND COST SHARING FOR
IlV�LEMENTING TI� COORDINATED INTEGRATED MOIVITORING PROGRAM (CIMP}
FOR THE PENINSULA CIMP AGENCIES.
Mayor Dieringer introduced the matter and asked for staff s comments. Planning Director Schwartz
introduced the City's stormwater consultant, Kathleen McGowan. Ms Schwartz stated that before the City
Cauncil is a Memorandum of Understanding between the Los Angeles County Flood Control District, the
County af Los Angeles and the cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates
and Rolling Hills to implernent a Coordinated Integirated Monitoring Program (CIlVIP) as rec}uired by the
Municipal Separate Storm Sewer System (MS4) permit issued through the Los Angeles Regional Water
Quality Control Board. She s�ated that the plan is a 5-year plan with a fiscal impact to the City of$34,000
per year.
Ms. McGowan presented the regulatory backgro�xnd of this issue, an overview of what is included in the
CIMP and an overview of the MOU and its requirements. She reviewed the receiving waters for the
City's stormwater from the City which include: Machado Lake, Santa. Monica Bay and the Los Angeles
Harbor and the requirements for each af those receiving waters. In response to Mayor Pro Tern Black,
Ms. McGowan reviewed the map showing haw the drainage moves to the three recei�ing waters through
__ improved stonn drain systems located in the neighboring cities. She stated the CIMP achieves the five
primary objectives outlined out in the MS4 permit and contains a11 of the required elements;but provides a
more cost efficient and effecti�e manitoring on a watershed basis thraugh shared monitoring �ocations
with the other municipalities on the Peninsu�a. She further reviewed the monitoring plan including the
monitoring locatians. Ms. McGowan further reviewed the provisions and cast allocation included in the
MOU as well as the timeline for approval by the participating municipalities.
Discussion ensued concerning the three receiving waters, thE permit monitoring requirements and the
options for rr�eeting the permit objectives. Mayar Pro Tem Black expressed concer� that the monitoring
p�an is expensive and does not actually achieve the objective of cleaning up the water. He suggested tha#
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City Counci�Meeting
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DRAFT
rather than doing the extensive monitoring requi�ed by the permit, the City should build catch basins a�
each of the seven canyons. Discussion ensuec� concerning projects that could reduce the monitoring
requirement including a project the City of Torrance is proposing at the Torrarice Airport to address the
Machado Lake compliance requirement. Further discussion ensued concerning the pending lawsuits that
two cities fiied against the State Water Quality Control Board citing that the permit requirement are aver
and above the EPA requirements and that cities were not given appropriate notifrcation regarding the cost
of implementing these mandates. Mayor Dieringer suggested that the City continue to monitor the status
of the lawsuits as the implica�ions of the cities prevailing may benefit the City.
Fo�lowing further discussion, Councilmember Mirsch moved that the City Cauncil approve the MOU as
presented and authorize the Mayor to sign the MOU on behalf of the City. Councilmember Wilson
seconded the motion, which carried with Mayor Pro Tem Black opposed. Addinonally, Ms. McGowan
was asked to present the City Council with op�ions for a water retention project at City Hall campus area
and provide inforrnadon on the Torrance Airport project.
CONSIDERATION OF THE FISCAL YEAR 2015-2016 MID-YEAR REVIEW AND
APPROVAL OF FISCAL YEAR 2015-2016 BUDGET ADJLTSTMENTS.
Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea presented
#he mid-year budget review stating that through mid-year revenues are at $776,000, which is slighdy
above projectians and expenditures are at $680,000 which is $82,000 less than expected, resulting in an
overall positive c�ifference of $105,000. He re�iewed the proposed mid-year budget adjustments, which
incl�de a $10,000 increase in revenue from increased Reai Estate Transfer Tax; an increase of$10,000 for
legal expenses; and to move $22,000 fram fulltime salaries to part-time saiaries.
Follawing brief discussion, Councilmember Pieper moved that the City Council receive and file the FY
2015-2016 mid-year review report and approve the mid-year budget adjustments as presented.
Councilmember Mirsch seconded the motion, which carried without objection.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
Mayor Dieringer reported that a matter related to installation of the ALPR carneras will be brought before
the City Council in April �xpon a recommendation from the Palas Verdes Peninsula Regional Law
Committee.
MATTERS FROM STAFF
City Manager Cruz reported that the suspect in at least two burglaries, Charles Vaca was arrested. He
further reported the result of the recent coyote control effarts.
PUBLIC CONIIV�NT ON CLOSED SESSION ITEMS
None.
CLOSED SESSION
Govemment Code §54957.6
Conference with Labor Negotiator
City representative: Personnel Committee (Pieper and Dieringer)
Unrepresented employees: Planning Director, City Clerk/Executive Assistant,
Adrninistrative Assistant,Associate Planner
T�e City Council recessed into closed session at 9:06 p.m. to discuss the matter�isted above.
RETURN TO OPEN SESSION
Mayor Dieringer called tiie meeting back to order in open session at 10:19 p.rn.
ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION{ORAL REPORI�.
City Attorney Jenkins reported that during�he closed session, the City Council discussed the matter listed
on the closed session agenda and there is no reportable action.
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City Council Meeting
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DRAFT
ADJOURNMENT
Hearing no further business before the City Council,Mayor Dieringer adjourned the rneeting at 10:20 p.m.
in memory of lang time resident Jeanne Hadley to an adjaurned regular meeting of the City Council
scheduled to be held on Monday, April �1, 2016 beginning at 7:00 p.m. in t1�e City Council Chamber at
City Hall,2 Porluguese Bend Road,Roll�ing Hills, California.
Respectfully submitted,
<,
-0���.���
Heidi Luce
City Clerk
Approved,
ea Diering r
Mayor
Minutes
City Council Mee�ing
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