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01-22-19.pdf MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY,JANAURY 22,2018 1. CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor B1ack at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. 2. ROLL CALL Councilmembers Present: Dieringer,Mirsch,Pieper, Wilson and Mayor Black. Councilmembers Absent: None. Others Present: Ray Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz,Planning Director. Julia Stewart,Assistant Planner. Yvette Hall, City Clerk. Terry Shea,Finance Director. Alfred Visco, 15 Cinchring Road. Sue Breiholz, 6 Upper Blackwater Canyon Road. Carole Hoffinan, 3 Hillside Lane. 3. OPEN AGENDA-PUBLIC COMMENT WELCOME None. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes — Regular Meeting of October 23, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of December 2017. RECOMMENDATION: Approve as presented. In response to Councilmember Mirsch's question, City Manager Cruz claxified that the $1,500 cost for coyote service is based on the services provided and not on the number of coyotes trapped. In response to Councilmember Wilson's question, Finance Director Shea stated that the voided checks are due to printer equipment errors. Councilmember Mirsch moved that the City Council approve the items on the consent calendar as presented. Mayor Pro Tem Wilson seconded the motion, which carried without objection by a voice vote as follows: AYES: COLTNCILMEMBERS: Dieringer,Mirsch,Pieper, Wilson and Black. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 5. COMMISSION ITEMS None. -1- 6. PUBLIC HEARINGS A. PUBLIC HEARING AND FIRST READING OF AN ORDINANCE WITH ASSOCIATED ZONE TEXT AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TO AMEND TITLES 15 AND 17 TO REGULATE AND ALLOW FOR ACCESSORY DWELLING UIVITS (ADU) IN SINGLE FAMILY RESIDENTIAL ZONES IN CONFORMANCE WITH STATE LAW AND CONSIDERATION OF AMENDMENT TO THE CITY OF ROLLING HILLS FEE RESOLUTION NO. 121 S TO INCLUDE A FEE FOR REVIEW OF AN ADU APPLICATION. Mayor Black called for the staff report. Assistant Planner Stewart presented the staff report and indicated that the Planning Commission (PC) discussed this topic at its previous meeting. Assistant Planner Stewart presented a summary of the State regulations for Accessory Dwelling Units (ADUs). She stated that the City has discretion in deciding whether or not to adopt the State law to govern ADUs or adopt an ordinance that modifies it to reflect City's conditions. Assistant Planner Stewart discussed the following items: 1) The City can set standards in areas such as unit size, parking and fees as long as they are not deemed arbitrary, excessive and burdensome,which means the City cannot prohibit the construction of the ADUs; 2) The standards that the City typically reviews such as replacement parking, height, setback, and lot coverage, can still be in place as long as the standards are not burdensome that they prohibit new ADUs; 3) The City can determine the rental terms, currently the City has in place prohibiting less than 30 day rentals; however, under the State law this is not in place. If the City decided to adopt an ordinance, that is an item that the City might consider including; 4) The City does not have discretion over outright prohibition of ADUs and cannot change the administrative approval process or deny an ADU based on items such as septic systems, coverage limits or parking requirements; 5) The City cannot stipulate who lives in an ADU; however,the City can designate who can live in a Junior ADUs; 6) The City can require that an owner occupy one of the two units; 7) The City cannot require separate passage ways; 8) There is no prohibition for converting an existing garage and there is no setback requirement for converted garages; 9) The City cannot require an ADU larger than what is allowed by State law; and 10) There is no parking required for ADUs located within a half mile of public transportation. In response to Councilmember Pieper's question, Assistant Planner Stewart stated that the City cannot prohibit Junior ADUs. In response Mayor Black's request, City Attorney Jenkins discussed the history of land use laws in the State of California and that the advantage of adopting an ordinance is that the City can tailor the ordinance in the areas that are discretionary, and that the state law is silent on how many ADUs are allowed on a lot. Mayor Black opened the public hearing. Alfred Visco, 15 Cinchring, inquired if the ordinance has been presented to Rolling Hills Community Association(RHCA). Mayor Black stated that the RHCA has no jurisdiction over the proposed ordinance. Hearing no further public comments, Mayor Black closed the public hearing, Councilmember Pieper recommended that ADUs be limited to one ADU per property and that an ADU fee should be charged. Discussion followed and there was consensus by the City Council to amend the proposed ordinance as follows: Under Section 17.28.040, move Section C.(3) to Section B.(7); move Section C.(4) to Section B.(8); and move Section C.(5)to Section B.(9). In response to Councilmember Dieringer's question, Assistant Planner Stewart stated that an applicatian would not be deemed complete until the RHCt� Architectural Committee has reviewed the application first. Discussion followed among Councilmembers and staff regarding the 120-day review period, active landslide areas,manufactured homes, application and review process, owner occupancy,the recording of a Minutes City Council Meeting 01-22-18 -2- covenant when an ADU is built, mixed use requirements, setback requirements, the allowance of a kitchen or kitchenette, and the minimum size of an ADU. Councilmember Mirsch moved that the City Council introduce Ordinance No. 35$ on first reading amending Title 17 Zoning and Title 15 Building and Construction of the Rolling Hills Municipal Code in order to allow and regulate accessory dwelling units with the modifications as discussed. Commissioner Pieper seconded the motion,which carried without objection by a roll call vote as follows: AYES: COiINCILMEMBERS: Dieringer,Mirsch, Pieper,Wilson and Black. NOES: COUNCILMEMBERS: None. ABSENT: COiTNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. City Attorney Jenkins stated that the fee Resolution will be brought back for consideration at the next City Council meeting. Mayor Black requested that agenda Item Nos. 8-A and 10-A be reordered and considered at this time. There were no objections from the City Council. 8. NEW BUSINESS A. REVIEW OF FISCAL YEAR 2016/2017 AUDITED FINANCIAL STATEMENTS. Mayor Black introduced the item and asked for staff's comments. �Finance Director Shea reviewed the 2016/17 audited financial statements. He stated that the FinanceBudget/Audit Committee met with the auditor and reviewed the materials on December 21, 2017. He stated that the audit was prepared by Lance, Soll, Lunghard,LLP who issued an unmodified opinion which is the highest level of assurance that can be given. He further reviewed the financial statements stating that the General Fund ended the year with a balance of $4.9 million in available fund balance, $128,000 in liabilities, and $4.7 million in unassigned fund balance. He stated that expenditures totaled $1.7 million. Finance Director Shea indicated that no findings and no journal entries were made by the auditors. Following discussion, Mayor Pro Tem Wilson moved that the City Council receive and file the audited financial statements as presented. Councilmember Pieper seconded the motion, which carried without objection by a voice vote as follows: AYES: COLTNCILMEMBERS: Dieringer,Mirsch,Pieper, Wilson a.nd Black. NOES: COUNCILMEMBERS: None. ABSENT: COiJNCILMEMBERS: None. ABSTAIN: COiJNCILMEMBERS: None. 10. MATTERS FROM STAFF A. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 31, 2017. Finance Director Shea presented the investments report. He reviewed the Cash and Yield comparative data from the second quarter FY 2017/18 to the first quarter FY 2�17/18. He stated that Active Deposits totaled $6.4 million, Inactive Deposits totaled $36,000 and noted that the Portfolio Yield should be 1 percent, not 0.706 percent, for the second quarter of FY 2017/18. He reviewed the interest income for the second quarter of FY 2017/18 compared to the second quarter of FY 2016/17 and the Ca1PERS California Employers' Retiree Benefit Trust (CERBT) Strategy 1 Other Post Employment Benefit (OPEB)Irrevocable Trust results for the second quarter as of December 3 l, 2017. Councilmember Mirsch moved that the staff report, as presented, be received and filed. Councilmember Dieringer seconded the motion,which carried without objection by a voice vote as follows: Minutes City Council Meeting 01-22-18 -3- AYES: COiJNCILMEMBERS: Dieringer,Mirsch, Pieper, Wilson and Black. NOES: COUNCILMEMBERS: None. ABSENT: COiTNCILMEMBERS: None. ABSTAIN: COiJNCILMEMBERS: None. 7. OLD BUSINESS A. APPROVE AND APPROPRIATE UP TO $104,229 TO WILLDAN ENGINEERING FOR PROFESSIONAL SERVICES TO PREPARE A SEWER AREA STUDY FOR SEWER LINE FEASIBILITY TO SERVE THE CITY OF ROLLING HILLS CNIC CENTER, MUNICIPAL TENNIS COURTS AND UP TO APPROXIMATELY 240 HOMES. City Manager Cruz presented the staff report. He provided an overview of the requirement to replace the septic tank at the main gate for the Tennis Court ADA and Recreation Improvement Project and that staff has been investigating the feasibility of constructing a sewer main to serve the civic center to the closest main line in the City of Rolling Hills Estates (RHE). He stated that the tennis facility septic tank system is considered a commercial use system that falls under the purview of the State Water Resources Control Board (Water Board). He indicated that staff has been working with Los Angeles County Board of Supervisor Janice Hahn's Office to request that the project fall under the review of the Los Angeles County Health Department (County Health Department) and not the State. City Manager Cruz stated that the Water Board granted the County Health Department authority to review the City's project. City Manager Cruz stated that at the January S, 2017 City Council meeting, the Council postponed the decision on retaining Willdan Engineering to prepare a sewer study for the civic center and Tennis Court ADA and Recreation Improvement Project until it could analyze the sewer study proposal that includes up to 24Q Rolling Hills homes. City Manager Cruz explained the scope of work that is included in the Willdan Engineering proposal. He indicated that the City Council would need to appropriate up to $104,229 in the budget for this project,which would also include the 200 plus homes. Mayor Black opened public comments. Sue Breiholz, 6 Upper Blackwater Canyon Road, expressed concern with any mandates for residents to hook up to a sewer line. Alfred Visco, 15 Cinchring Road, inquired how much the cost would be for the City to upgrade the tennis courts septic tank. Councilmember Pieper stated that the cost is approximately $150,000 to upgrade the septic tank at the tennis courts. Carole Hoffman, 3 Hillside Lane, commented that she feels it is a good idea to install sewers in the future and to move away from using septic tanks. Mr. Visco commented that sewers can break and leak into the ground. Hearing no further comments,lVlayor Black closed public comments. In response to Councilmember Mirsch's questions, City Manager Cruz stated that residents will have to vote to form an assessment district. He further explained that if a resident voted no and the assessment district passed,the resident would have to pay for the assessment. Discussion followed among the Councilmembers and staff regarding the formation of an assessment district. Councilmember Dieringer inquired how long would the results of the sewer study be effective for. City Manager Cruz stated that he would follow up on how long the sewer study will be effective for. Councilmember Pieper moved that a full version of the sewer area study for sewer line feasibility to serve the Civic Center, tennis courts and approximately 240 homes be approved and that funding be appropriated to Willdan Engineering for professional services to prepare the sewer study. Mayor Pro Tem Wilson seconded the motion. Minutes City Council Meeting 01-22-18 -4- Councilmember Dieringer recommended that the City Council determine how long the sewer study will be valid for before any monies are expended on the study. Councilmember Mirsch concurred with Councilmember Dieringer's aforementioned comment. Councilmemeber Pieper withdrew his previous motion. By consensus, the City Council directed staff to research how long the sewer study report would be valid for and determine the cost to extend the sewer line to the City Hall complex and tennis courts only and report back at the next meeting. 9. MATTERS FROM THE CITY_COUNCIL AND MEETING ATTENDANCE REP4RTS A. FIRE FUEL REDUCTION AD-HOC COMMITTEE REPORT. Mayor Black introduced the item and asked for comments. Councilmember Mirsch presented an overview of the discussion of the Fire Fuel Reduction Ad-Hoc Committee and its purpose to consider changing the City's role from complaint driven enforcement to a proactive process requiring residents to trim or remove dead vegetation. She discussed the City's current enforcement process and indicated that residents do not like to report concerns they have with their neighbors' dead vegetation. Councilmember Mirsch stated that she and Mayor Black made individual observations from the roadways and trails of numerous examples of dead vegetation. Councilmember Mirsch discussed the following considerations; 1) Is dead vegetation a nuisance; 2) Change of historical method of enforcement; 3) Resource availability to handle compliance; 4) Identification of non-compliant properties; 5) Notification process; 6) Impose a fine if not complied by a certain date; possible ordinance revision; 7) Nuisance abatement procedures, Chapter 8.24; 8) Level of public support and/or opposition and concerns; and 9) Broaden scope to consider all dead vegetation. Councilmember Pieper expressed support for sending a letter to residents with examples of photographs and with text in English and Spanish. Councilmember Dieringer expressed concern that there is no staff to perform these additional tasks and that no suggestions have been made on ways to minimize the impact on staff. Councilmember Mirsch expressed concern with the City's lack of enforcement of fire fuel reduction for several years. Mayor Pro Tem Wilson stated that there is heavy vegetation and patches at the conservancy and asked if this area would be included. In response to Mayor Pro Tem Wilson's question, Mayor Black stated that the conservancy would be included. Mayor Black opened public comments. Alfred Visco, 15 Cinchring Road, asked for clarification on the meaning of any dead vegetation as stated on page 9 of the report. Mayor Black clarified that the definition of dead vegetation includes all forms such as trees, shrubs or other plants. Hearing no further comments, Mayor Black closed public comments. Discussion followed among the Councilmembers regarding public hearing requirements, staf�s capacity to follow up on code enforcement concerns and proper clearance methods. Councilmember Mirsch moved to direct staff to develop a proactive enforcement program for the clearance of dead vegetation. Councilmember Pieper seconded the motion, which carried by a roll call vote as follows: Minutes City Council Meeting 01-22-18 -5- AYES: COLJNCILMEMBERS: Mirsch, Pieper, Wilson and Black. NOES: COiJNCILMEMBERS: Dieringer. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. 12. CLOSED SESSION A. EMPLOYEE PERFORMANCE EVALUATION CALIFORNIA GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER City Attorney Jenkins stated that due to the announcement of City Manager Cruz's resignation, the City Council could discuss the appointment of an Interim City Manager under the Closed Session government code section as listed on the agenda. The City Council concurred to discuss the matter of hiring an Interim City Manager under Closed Session. The City Council convened into Closed Session and City Clerk Hall left the Council Chambers. 13. RETURN TO OPEN SESSION A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION (ORAL REPORT). The meeting reconvened in open session with all Councilmembers in attendance. City Attorney Jenkins announced that there was no reportable action from the Closed Session. 14. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:55 p.m. in memory of longtime resident Martin Waters. The next regular meeting of the City Council is scheduled to be held on Monday, February 12, 2018 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. Respectfully submitted, _ �_��� � Yv te Hall City Clerk Approve� - ,�,� Pa Mayor Minutes City Council Meeting O 1-22-18 -6-