11-27-17.pdf MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS,CALIFORNIA
MONDAY,NOVEMBER 27, 2017
1. CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black 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: Raymond R. Cruz, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Yvette Hall, Interim City Clerk.
Kathleen McGowan, Consultant,McGowan Consulting.
3. OPEN AGENDA-PUBLIC COMMENT WELCOME
None.
4. CONSENT CALENDAR
A. Minutes-Regular Meeting of September 25, 2017.
RECOlVIlV�NDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. List of 201 S City Council Meeting Dates and City Holidays.
RECOMMENDATION: Receive and file.
D. Republic Services Recycling Tonnage Report for October 2017.
RECOMMENDATION: Receive and file.
E. Financial Statement for the Month of October 2017.
RECOMMENDATION: Approve as presented.
Councilmember Dieringer and Mayor Pro Tem Wilson requested that Consent Calendar Item 4A be
removed from the consent calendar for individual consideration. Hearing no objection, Mayor Black so
ordered.
In response to Mayor Black's inquiry, City Attorney Jenkins explained the increase in legal expenses for
the month of October 2017 was due to work on the following items: 1) View preservation ordinance; 2)
Two Brown Act allegations; 3) California Public Utilities Commission appeal case; 4) New lease with the
Rolling Hills Community Association (RHCA); 5) Los Angeles County Animal Control ordinance, 6)
Planning Commission nuisance case regarding Wheeler property; 7) Accessory Dwelling Unit ordinance;
and 8)Marijuana ordinance.
Councilmember Dieringer moved that the City Council approve Consent Calendar Item Nos. 4B through
4E as presented. Councilmember Mirsch seconded the motion,which carried without objection by a voice
vote as follows:
AYES: COUNCILMEMBERS: Dieringer, Mirsch, Pieper,Wilson and Black.
NOES: COUNCILMEMBERS: None.
ABSENT: COLTNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
Councilmember Dieringer and Mayor Pro Tem Wilson requested revisions to the minutes and that they be
postponed until the next City Council meeting. Hearing no objection, Mayor Black so ordered.
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Due to a technical issue with the computer equipment, Mayor Black requested that Item SA be taken out
of order and discussed at this time. Hearing no objection, Mayor Black so ordered.
5. COMMISSION ITEMS
A. RESOLUTION NO. 2017-22 - A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 2017-12 FOR A DEVELOPMENT PROJECT 1N
ZONING CASE NO. 922. THE MODIFICATION ENTAILS AN INCREASE BY 90
SQUARE FEET TO THE PREVIOUSLY APPROVED RESIDENCE, AT 0 POPPY
TRAIL, (LOT 90-BA-RH), (SERPA).
Planning Director Schwartz presented the staff report. She stated that the request was for a Resolution of
Approval for a project at 0 Poppy Trail to increase the size of the previously approved 4,859 square foot
residence by 90 square feet for a total of 4,949 square foot residence.
In response to Councilmember Dieringer's question, Planning Director Schwartz stated that the owners
decided to add larger rooms for their children when the floor plans were completed.
Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No.
2017-22, granting approval of the applicant's request in Zoning Case No. 922 at 0 Poppy Trail. Mayor
Pro Tem Wilson seconded the motion,which carried without objection by voice vote as follows:
AYES: COUNCILMEMBERS: Dieringer, Mirsch, Pieper,Wilson and Mayor Black.
NOES: COiTNCILMEMBERS: None.
ABSENT: COLTNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
PRESENTATION
Presentation by Kathleen McGowan,McGowan Consulting, on Status Report of City's
Stormwater Management Program
Kathleen McGowan, Consultant, McGowan Consulting, provided the City Council with an update of the
City's Stormwater Management Program.
Following discussion among the Councilmembers and the consultant, the City Council, by consensus,
requested that staff follow up on the following items: 1) Add Stormwater Management Program to
January 8, 2018 City Council agenda; 2) Provide amended Stormwater Program PowerPoint to
Councilmembers; 3) Provide dates and times of next Regional Water Quality Control Board Meeting for
possible attendance of Councilmembers regarding monitoring costs of trash and non-storm water
discharge; 4) Provide calculations on storm water runoff area percentage versus a land mass area
percentage; and 5)Provide information on the Torrance Airport Project.
Mayor Black requested that Item 8A be taken out of order and discussed at this time as advised by City
Attorney Jenkins. Hearing no objection,Mayor Black so ordered.
8. NEW BUSINESS
A. NOVEMBER 7, 2017 SPECIAL MUNICIPAL ELECTION RESULTS.
City Clerk Hall presented the staff report and recited the facts of the Special Municipal Election held on
November 7, 2017. City Clerk Hall declared the results for Measure C as follows:
Measure C - The following question regarding Measure C was submitted to Rolling Hills'
registered voters at the November 7, 2017 Special Municipal Election: Shall an ordinance be
adopted repealing the March 2013 amendments made to the City's View Preservation Ordinance
by Measure B?
Answer Votes Received Vote Percenta;�e
Yes 441 59.35%
No 302 40.65%
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She stated that since a majority of the voters passed Measure C, an Ordinance entitled "An Ordinance of
the City of Rolling Hills Repealing Measure B by Amending Subsection (E) of Section 17.26.050 and
Repealing Section 17.26.090 of the Rolling Hills Municipal Code"shall go into effect.
Councilmember Mirsch moved that the City Council adopt Resolution No. 1219 reciting the fact of the
Special Municipal Election held on November 7, 2017, declaring the results and such other matters as
provided by law. Councilmember Pieper seconded the motion, which carried without objection by voice
vote as follows:
AYES: COUNCILMEMBERS: Dieringer, Mirsch,Pieper, Wilson and Mayor Black.
NOES: COiJNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
6. PUBLIC I�EARINGS
A. RESOLUTION NO. 1217 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ESTABLISHING A PROCESS BY WHICH THE CITY
WILL REIMBURSE THE PARTIES IN AN AMOUNT NOT TO EXCEED FIVE
THOUSAND DOLLARS ($5,000) FOR AN ARBITRATOR'S FEE INCURRED IN
ARBITRATING A VIEW IMPAIRMENT COMPLAINT UNDER CHAPTER 17.2b
(VIEW PRESERVATION) OF THE ROLLING HILLS MUNICIPAL CODE.
Mayor Black Mayor Wilson introduced the item and asked for the staff report. Planning Director
Schwartz provided the background of the view preservation ordinance which establishes the process by
which a resident may go about to restore their view. She indicated that the ordinance was adopted on
October 23, 2017 by the City Council. Planning Director Schwartz discussed the language of the
ordinance, which specifies that in order to encourage private resolution of view disputes, if the parties to a
view impairment complaint pursue resolution by voluntarily entering into binding azbitration,the City will
reimburse the arbitrator's fee in an amount to be established by Resolution of the City Council. Planning
Director Schwartz indicated that the City Council discussed a total of $5,000 to be reimbursed to the
parties for an arbitrator's fee.
Mayor Black opened the public hearing. Hearing no public comments, Mayor Black closed the public
hearing.
In response to Councilmember Dieringer's inquiry, Ciry Attorney Jenkins clarified that the proposed
Resolution only establishes the axnount of reimbursement for an arbitrator's fee.
Councilmember Mirsch moved that the City Council adopt Resolution No. 1217 establishing a process by
which the City will reimburse the parties in an amount not to exceed five thousand dollars ($5,000) for an
arbitrator's fee incurred in arbitrating a view impairment complaint. Mayor Pro Tem Wilson seconded the
motion,which carried without objection by a roll call vote as follows:
AYES: COiJNCILMEMBERS: Dieringer,Mirsch,Pieper, Wilson and Mayor Black.
NOES: COLTNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
B. RESOLUTION NO. 1218 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS MODIFYING ROLLING HILLS FEES BY ELIMINATING
CERTAIN FEES RELATED TO VIEW OBSTRUCTION FILING CASES AND
RESCINDING RESOLUTION NO. 1206.
Mayor Black introduced the item and asked for the staff report. Planning Director Schwartz stated that
this item was a Resolution to eliminate the mediation fee from the City of Rolling Hills fee schedule due
to the recently repealed view preservation ordinance, under which the City would pay for additional costs
incurred by a mediator in excess of$1,000. She explained that under the current ordinance the City is not
a part of the mediator agreement; therefore, it is not necessary to collect a fee from the complaining party.
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Mayor Black opened the public hearing. Hearing no public comments, Mayor Black closed the public
hearing.
Councilmember Mirsch moved that the City Council adopt Resolution No. 1218 modifying Rolling Hills
fees by eliminating certain fees related to view obstruction filing cases and rescinding Resolution No.
1206. Councilmember Pieper seconded the motion, which carried without objection by a roll call vote as
follows:
AYES: COLTNCILMEMBERS: Dieringer, Mirsch, Pieper, Wilson and Mayor Black.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
7. OLD BUSINESS
A. CONSIDERATION OF THE CITY OF ROLLING HILLS TO PARTICIPATE 1N THE
LOS ANGELES COMMUNITY CHOICE ENERGY (LACCE) PROGRAM TO
PROVIDE RESIDENTS FUTURE ENERGY OPTIONS.
City Manager Cruz provided an overview of the staff report. City Manager Cruz discussed the Los
Angeles Community Choice Energy (LACCE) Program, which is a Community Choice Aggregation
(CCA), or an authority that delivers power to a municipality by allowing for greater decision making
privileges regarding rates and mix of energy sources. City Manager Cruz stated that at the August 14,
2017 City Council meeting staff presented an overview of the various CCA types. He stated that as a
result of the information provided by staff,the City Council directed staff to coordinate a presentation by a
County representative of the Los Angeles Community Choice Energy (LACCE) Program. He indicated
that if the City Council has an interest in joining a CCA, the LACCE program is the only viable option for
the City because of the small size of City staff. He further stated that the LACCE promotes that it has the
ability to lower energy rates for residents and will provide fair representation on its board if a city joins
before December 27, 2017.
In response to Mayor Pro Tem Wilson's question, City Manager Cruz stated that many cities in Los
Angeles County are not joining the program because they are not aware of this new program and due to
the unknown risks of joining a CCA.
Discussion followed among the Councilmembers and staff regarding the possible risks to becoming a
member of the LACCE Program.
Following discussion,the City Council,by consensus, directed staff to provide a LACCE Program update
by July 1, 2018.
9. MATTERS FROM THE CITY COUNC�L AND MEETING ATTENDANCE REPORTS
A. DISCUSSION AND POSSIBLE DIRECTION ON MODIFYING HOW THE LOS
ANGELES SHERIFF DEPARTMENT APPLIES THE CITY'S VEHICULAR
ENFORCEMENT BY UTILIZING THE CALIFORNIA VEHICLE CODE 1NSTEAD OF
THE ROLLING HILLS MUNICIPAL CODE (ORAL ONLY).
Councilmember Pieper discussed the matter of allowing residents to attend traffic school when they
receive a traffic citation, as residents are currently not allowed to attend traffic school because no points
are issued. He indicated that there are two options to modify this procedure as follows: 1) Receive
RHCA Board approval to issue traffic citations under the California Vehicle Code instead of the Rolling
Hills Municipal Code; or 2)By a majority vote of the electorate.
Following discussion by the City Council,no action was taken.
Mayor Pro Tem Wilson reported that he hosted a City�tour with Senator Ben A11en. Mayor Pro Tem
Wilson reported that there axe trash truck stains on Portuguese Bend Road at Ranchero Road.
10. MATTERS FROM STAFF
None.
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11. PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
12. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL
T'HREATENED LITIGATION — GOVERNMENT CODE SECTION 54956.9 (D)(3)
LETTER FROMMORGANLEWIS DATED SEPTEMBER 25, 2017
BASED ON A WRITTEN COMMUNICATION FROM MORGAN LEWIS
THREATENING LITIGATION, THE CITY COUNCIL IS MEETING ONLY TO
DECIDE WHETHER, BASED ON THE EXISTING FACTS AND CIRCUMSTANCES,
THERE IS A SIGNIFICANT EXPOSURE TO LITIGATION AGAINST THE CITY;
DISCUSSION OF THIS MATTER IN OPEN SESSION WOULD PREJUDICE THE
POSITION OF THE CITY IN ANY POTENTIAL LITIGATION.
B. EMPLOYEE PERFORMANCE EVALUATION
CALIFORNIA GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
The City Council convened into closed session at 9:07 p.m.
13. RETURN TO OPEN SESSION
A. ANNOUNCEMENT OF ACTIONS FROM CLOSED SESSION(ORAL REPORT).
City Attorney Jenkins announced that there was no reportable action from the closed session.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:43 p.m.
The next regular meeting of the City Council is scheduled to be held on Monday, December 11, 2017 at
7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills,
California.
Respectfully submitted,
�'
Yve te Hall
City Clerk
Approved, ; ;-�
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Patrick Wilson
Mayor
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