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02-25-19.pdf MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF RbLLING HILLS, CALIFORNIA MONDAY,FEBRUARY 25,2019 1. CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Wilson 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: Black,Dieringer,Mirsch,Pieper and Mayor Wilson. Councilmembers Absent: None. Others Present: Elaine Jeng, P.E., City Manager. Jane Abzug,Assistant City Attorney. Yvette Hall, City Clerk. Alfred Visco, 15 Cinchring Road. Marsha Shoettle,24 Eastf eld Drive. 3. OPEN AGENDA-PUBLIC COMMENT WELCOME Alfred Visco, 15 Cinchring Road, commented that he received information from the Roliing Hills Community Association (RHCA) that Bolton Engineering several years ago prepared an update of all the easements in the City. Mr. Visco stated that the RHCA will review the information and share it with the City. Mr. Visco stated that he feels this information is important to be used when the City attempts to enforce the dead vegetation ordinance in the future. � Acting Captain Mike White, Los Angeles County Sheriff's Deparirnent, provided a report on three burglaries that occurred in the City as follows: 1) On February 19, 2019 there were three burglaries in one night on Crest Road, Quail Ridge Road and Buggy Whip Road; 2) The suspects apparently hiked or walked into the community to gain access; 3) Two of the locations were occupied at the time; 4) The front door was unlocked at the location on Quail Ridge Road and a vehicle was stolen; 5) The suspects were not familiar with the City as they tried to go out through the entrance gate; 6) The stolen vehicle was recovered at Del Cerro Park, 7)No fingerprints were captured due to the suspects wearing gloves; and 8) The suspects are believed to be three males. Acting Captain White indicated that the Sherif�s Department does not have a lot of clues and that the investigation is ongoing. In response to Mayor Pro Tem Mirsch's question, Acting Captain White stated that the resident who had their vehicle stolen were not aware that their home was being burglarized at the time of the incident. Acting Captain White indicated that the entire Peninsula area is having problems with residential burglaries and that the community's assistance is needed in order to solve the crimes. Assistant City Attorney Abzug advised that further discussion of the burglaries' matter be placed on a future City Council agenda. Acting Captain White stated that there are Community Relations Deputies that would be happy to come out and speak to the residents on how to make their homes more secure. City Manager Jeng stated that the burglaries were discussed at the Block Captain meeting. Councilmember Dieringer inquired abou't agendizing a discussion to hold a town hall public safety meeting. Assistant Attorney Abzug advised that a motion could be made to agendize this topic to a future City Council meeting. Councilmember Dieringer moved that the City Council agendize a discussion on holding a town hail meeting, in conjunction with the Sheriff's Department, on the topic of how to safeguard your home against burglary and request that the Sheriffls Department attend the Block Captain meetings. Mayor Pro -1- Tem Mirsch seconded the motion,which carried without objection by a voice vote as follows: AYES: COLTNCILMEMBERS: Black,Dieringer, Mirsch,Pieper and Wilson. NOES: COLTNCILMEMBERS: None. ABSENT: COLTNCILMEMBERS: None. ABSTAIN: COiTNCILMEMBERS: None. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember ma� request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes — 1) Regular Meeting of February 26, 2018; and 2) Regular Meeting of February 11, 2019. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Republic Services Recycling Tonnage Report for January 2019. RECOMMENDATION: Receive and file. D. Financial Statement for the Month of January 2019. RECOMMENDATION: Approve as presented. Mayor Pro Tem Mirsch requested that Consent Calendar Item No. 4.A(2) be pulled for separate consideration. There were no objections. Councilmember Black moved that the City Council approve the items on the consent calendar, except Item No. 4.A(2), as presented. Councilmember Pieper seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black, Dieringer,Mirsch, Pieper and Wilson. NOES: COLTNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COLJNCILMEMBERS: None. Mayor Pro Tem Mirsch requested clarification on page 17 of 24, paragraph five, of the February 11, 2019 Regular Meeting minutes pertaining to a special condition regarding recreational vehicles. Mayor Pro Tem Mirsch moved to direct staff to review and clarify Item No. 4.A(2), page 17 of 24, paragraph five, of the February 11, 2019 Regular Meeting minutes pertaining to a special condition regarding recreational vehicles and re-agendize the matter on the next City Council meeting. Councilmember Pieper seconded the motion,which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black,Dieringer,Mirsch, Pieper and Wilson. NOES: COiJNCILMEMBERS: None. ABSENT: COiTNCILMEMBERS: None. ABSTAIN: COIJNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 5. COMMISSSION ITEMS None. 6. PUBLIC HEARINGS None. 7. OLD BUSINESS A. SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. 360 - AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING Minutes City Council Meeting 02-25-19 -2- CHAPTER 8.30 FIRE FUEL ABATEMENT OF THE CITY OF ROLLING HILLS MUNICIPAL CODE. Mayor Wilson called for the staff report. City Manager Jeng stated this item is a second reading of an ordinance amending Chapter 8.30 Fire Fuel Abatement of the rnunicipal code. She indicated that there was one modified section as follows: Section.30.015 Applicability. This Chapter shall apply to the entirety of each parcel of property located within the boundaries of the City except for the slope area approximated to be steeper than 2 units horizontal to 1 unit vertical(50% slope). Mayor Wilson opened public comments. � Alfred Visco, 15 Cinchring Road, commented that he previously provided his position on this topic to the City Council. Hearing no further comments,Mayor Wilson closed public comments. Councilmember Dieringer commented that she feels that it is important that if the City is going to require residents to clear dead vegetation, that the City also require that residents clear brush in an appropriate manner that will not cause other problems like erosion or exacerbate conditions. She stated that this was her reasoning for inclusion in the ordinance. Councilmember Dieringer commented that she feels the City needs to balance the methodology with the requirement of what is being asked of residents so that there is no uncertainty and not to cause problems for themselves or their neighbors in terms of slopes and erosion control. Councilmember Black moved that the City Council approve the second reading, waive full reading and adopt Ordinance No. 360—An Ordinance of the City of Rolling Hills, California, Amending Chapter 8.30 (Fire Fuel Abatement) of Title 8 (Health and Safety) of the City of Rolling Hills Municipal Code to Require Clearance of Dead or Alive Tumbleweeds and Dead Trees, Shrubs, Palm Fronds, and Other Plants Under Certain Conditions within the City. Councilmember Pieper seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black,Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: Dieringer. ABSENT: COiJNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 8. NEW BUSINESS A. CONSIDERATION AND APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH STRADLING YOCCA CARLSON & RAUTH TO PROVIDE LEGAL SERVICES IN CONNECTION WITH THE FORMATION OF THE ASSESSMENT DISTRICTS AND THE ISSUANCE BY ASSESSMENT DISTRICTS OF BONDS. Mayor Wilson called for the staff report. City Manager Jeng indicated that there are several members of the community that would like to form an assessment district in order to underground utility poles and overhead lines. She stated that in order to serve this need the City will need to engage the services of a Bond Counsel, assuming that the assessment district sells a bond to pay for the construction of the undergrounding. She stated that Stradling Yocca Carlson & Rauth (Stradling) has worked in the City many years ago on a number of different assessment districts and they are familiar with the City. City Manager Jeng stated that Stradling was solicited by Best Best and Krieger LLP (BBK) as this is a very specialized area in which legal documents are processed and prepared. City Manager Jeng stated that she is requesting approval of a contract with Stradling to assist the residents with forming assessment districts and recommends hiring Stradling to serve in that capacity for any current and upcoming assessment ,� districts. She indicated that assessment districts require that professional services be lined up to assist with the process and that this agreement is aimed at doing so. City Manager Jeng stated that she does not know how many assessment districts will be formed in a fiscal year and that they will be in different phases. She stated the assessment districts will need different types of legal services and, thus, she does not know the cost. She is requesting to place a cap on their service fee at $50,000 per year and also include a provision for Stradling to get paid when they are called upon. City Manager Jeng indicated there were some additional provision changes made to the agreement that were provided to the City Council this evening as follows: l�) A cap of $50,000 in fees was placed in the agreement; 2) If any of the hours Minutes City Council Meeting 02-25-19 -3- expended in the beginning of the forming of the assessment district results in a bond being sold, then the fees get absorbed by the bond and shall be repaid to the City from the bond proceeds; and 3) The rate increase with Stradling was set to be capped at 5%per fiscal year. Mayor Wilson opened public comment Marsha Shoettle, 24 Eastfield Drive, thanked City Manager Jeng for making progress on the undergrounding project in such a short time. Hearing no further comments,Mayor Wilson closed public comment. Councilmember Black inquired about the Official Statement for assessment district bonds billing fee of $15,000 and the $30,000 for each issue of assessment district bonds after the formation of an assessment district. City Manager Jeng clarified that the $15,000 is for the Official Statement and that this will be a flat rate to prepare. She stated the Official Statement is prepared at the time when selling the bond is being contemplated and is basically a financial statement for buyers of the bond to know that it is financially strong and backed by the ratepayers. She explained that many changes occur in the preparation of the Official Statement and that it is better to pay a flat rate. She explained the $30,000 flat rate is for when the bond sells. She stated that during this time the Bond Counsel reviews a large amount of documents from the underwriter and financial advisors in compliance with the Securities and Exchange Commission rules on disclosures. City Manager Jeng indicated that the Bond Counsel serves as the City's advisor in this capacity to review all documents to ensure that the City is not violating any federal rules, thus, this is part of the services that will be provided for$30,000 at a flat rate. Councilmember Black inquired if there were any agreements to provide funds for legal fees to form an assessment district. City Manager Jeng stated that she does not believe there is a written document that states that the RHCA, residents or the City would be obligated to participate in the sharing of the costs of the preliminary engineering. Councilmember Black stated that he believed there was some type of an agreement because the Ciry has encouraged homeowners to do these types of projects. Councilmember Pieper stated that he believed the cost sharing was to be divided into thirds, one third paid by the City, one third paid by the residents and one third paid by the RHCA. City Manager Jeng responded that in the past the cost has been shared by one thirds for the initial preliminary engineering. Councilmember Black indicated that the City has not set up a cost sharing agreement for tasks to be done after the preliminary engineering because the City has not gotten this far in the past. Mayor Pro Tem Mirsch noted that the last time Stradling assisted the City with an assessment disirict they did not get paid. Councilmember Black stated that he would like to confirm that the City has officially agreed to form an assessment district or not. City Manager Jeng stated that she believed it is a City guideline; however, she has not seen an official document. Councilmember Black stated that he does not believe there is an official City policy as the City has not paid for legal fees for an assessment district and the issuance of a bond. City Manager Jeng clarified that the City is not setting a policy of how much each party will pay. She stated the request is for approval of an agreement for legal services. Assista.nt City Attorney Abzug advised that the fee for Stradling is identified in the agreement and whether the City is reimbursed two-thirds from elsewhere, that is a separate transaction to be determined Minutes City Council Meeting 02-25-19 -4- at a later time. Assistant City Attorney Abzug indicated that the agreement with Stradling has to be considered separately. Mayor Pro Tem Mirsch clarified that it 'is the City that is entering into the agreement and would be obligated to pay the fees. Assistant City Attorney Abzug clarified that there is one stipulation, which is that if the bond proceeds are issued then the City will be reimbursed pursuant to the agreement. Councilmember Black indicated he is not in support of obligating the City to compensate Stradling for � projects that may not be successful. Councilmember Dieringer agreed that the City will need Bond Counsel; however, she feels that the language in the agreement is somewhat vague and would allow for a lot more additional costs to the Ciry depending on what items are put into Section 1.A. of the agreement. She suggested that the agreement be revised and for staff to work on a reimbursement plan to ensure that the RHCA is in agreement to provide what they have in the past for these projects and secure funds from the homeowners that can be used as the project progresses. She suggested that under Section 1.A. of the agreement, Stradling should provide an estimate of how many hours of work it would take for this type of project as all they do are bonds. Councilmember Dieringer sta.ted that there should be a provision that requires Stradling not to use the Senior Counsel for all work; however, instead use a Paralegal or Associate staff for certain work, and to include special services leading up to the bond under Section 1.A. of the agreement. She stated that the S% fee increase per fiscal year should not apply until after 2020. Councilmember Dieringer suggested that City Attorney Jenkins review and compare the agreement with other Bond Counsel's fees. Mayor Pro Tem Mirsch inquired if BBK has specialized bond counsel. Assistant City Attorney Abzug indicated that BBK has Bond Counsel and that she believed that Stradling's rates were competitive or lower than other Bond Counsels. Discussion among the Councilmembers ensued regarding the RHCA's agreement to pay a third of the legal services for an assessment district. Councilmember Pieper stated that the RHCA has not agreed to pay for legal services as the City has not reached this point in the past. Councilmember Pieper suggested that an itemized list of services and costs be provided at the next meeting if the timing on the project will not be affected. City Manager Jeng indicated that there is time on the project's progress to bring this matter back. Councilmember Pieper moved to direct staff to revise, as discussed, the professional services contract to provide legal services in connection with the formation of the assessment districts and the issuance by assessment districts of bonds with Stradling Yocca Carlson & Rauth and bring back the matter to the next City Council meeting; and prepare an agreement between the City of Rolling Hills, homeowners of the assessment district and the Rolling Hills Community Association to designate the costs that each party will contribute toward the legal fees to form an assessment district and issue bonds. Councilmember Dieringer seconded the motion,which carried without objection by a voice vote as follows: AYES: COIJNCILMEMBERS: Black, Dieringer, Mirsch,Pieper and Wilson. NOES: COIJNCILMEMBERS: None. ABSENT: COLTNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. 10. MATTERS FROM STAFF A. UPDATE ON DIRECTION FROM CITY COUNCIL TO DISCUSS WITH ROLLING HILLS COMMUNITY ASSOCIATION (RHCA) THE LOCKING MECHANISMS FOR TWO UNATTENDED GATES TO THE CITY(ORAL). City Manager Jeng presented an update report. She stated that this update is in response to the direction Minutes City Council Meeting 02-25-19 -5- she received from the City Council at the previous meeting to inquire about the two gates that are currently locked and closed off to vehicular traffic. She stated that one gate is at Crest Road East and the second gate is at Portuguese Bend Road at Burma Road. City Manager Jeng spoke to the RHCA who responded that anyone with a bolt cutter could cut the chain lock and that the Sheriff's Department and the Fire Department have a key to the Crest Road East gate and the combination to the lock at Portuguese Bend Road. She requested that the RHCA explore other types of locking mechanisms that would help the residents access these gates as an evacuation route in a time of need. City Manager Jeng stated that the RHCA Manager has not discussed with the RHCA Board of Directors exactly what type of inechanism could be used; however, she wanted to report that the discussion was started with the RHCA Manager. City Manager stated that the matter will be brought forth to the RHCA Board of Directors next week for discussion and she will report back to the City Council. Mayor Wilson stated that the gates are distinctly different from each other; one gate is large with barbed wire and a heavy bolt. Councilmember Black inquired if the City could direct the RHCA to open the gates. a City Manager Jeng responded that the RHCA owns the gates. � ; ,� . . • .-�,, Councilmember Pieper suggested that the City Council provide the RHCA Board of Directors with the� opportunity to discuss the matter. Mayor Wilson discussed the ownership of the gate on Portuguese Bend Road and stated that the gate is on his property. He provided a license agreement to the RHCA to allow the gate on his property. Mayor Wilson stated that he has the option to have the gate removed from his property with a notice to the RHCA; however,he would like to see the outcome of the gate discussion before he takes any action. Councilmember Black commented that Crest Road East is in the City and is obstructing one of the main thoroughfares. Councilmember Pieper stated that the City does not own the roads and that the concern is that the gates may be opened to allow vehicle access. Discussion followed among the City Council regarding cyclists and pedestrians entering and gathering at the Crest Road East gate, City Manager Jeng indicated that the Block Captains are discussing and planning evacuation routes in each part of the City as each area is different. Mayor Wilson stated that the gate is on his property by design and that a few feet beyond the gate is private property. Mayor Wilson indicated that the adjacent property owner will most likely not be supportive of using the gate for emergency access. Mayor Wilson stated that the RHCA may relocate the gate elsewhere in the emergency access area if he requests that it be removed. He does not want to incur any unintended consequences if he removes the gate and indicated that he does not want the gate there. Mayor Wilson stated that he plans to install his own gate on his property. Mayor Wilson discussed the RHCA access agreement and indicated that he could provide the City Manager with additianal information. Councilmember Dieringer commented, from a public safety standpoint,that it should not be easy to access the gates. She stated that the community would like to keep persons from committing crimes and that crime could become a problem if there is ease of access into the City and if people are allowed to drive through the gate at Crest Road East. Councilmember Pieper commented that it is not difficult to enter the City at the designated opened gates. City Manager Jeng stated that she will bring back further information on the matter. 11. CLOSED SESSION None. Minutes City Council Meeting 02-25-19 -6- 12. ADJOURNMENT Hearing no further business before the Ci,ty Council, Mayor Wilson adjourned the meeting at 7:53 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, March 11, 2019 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 Approved, . , �����f .. i %` c� ilson Mayor Minutes City Council Meeting 02-25-19 -�-