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.
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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
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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:
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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.
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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:
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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,
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Yv te Hall
City Clerk
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Pa
Mayor
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