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03-11-19.pdf MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 11,2019 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(arrived at 7:04 p.m.) Dieringer,Mirsch, Pieper and Mayor Wilson. Councilmembers Absent: None. Others Present: Elaine Jeng, P.E., City Manager. Mike Jenkins, City Attorney. Yvette Hall, City Clerk. Alfred Visco, 15 Cinchring Road John Despot, Sheriff's Department 3. OPEN AGENDA-PUBLIC COMMENT WELCOME Alfred Visco, 15 Cinchring Road, informed the City Council that the Rolling Hills Community Association discussed gate access and fire fuel reduction at the last Board meeting. Mr. Visco was not able to attend the meeting. Mayor Wilson noted that he was at the last Association Board meeting and can discuss those two items with Mr. Visco offline. 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 — 1) Regular Meeting of Apri14, 2018, 2) Regular Meeting of February 11, 2019 (revised) and 3) Regular Meeting of February 25, 2019 RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. Mayor Pro Tem Mirsch rrtoved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection by a voice vote as follows: AYES: COLJNCILMEMBERS: Dieringer, Mirsch,Pieper and Wilson. NOES: COLJNCILMEMBERS: None. ABSENT: COLTNCILMEMBERS: Black. ABSTAIN: COUNCILMEMBERS: None. Councilmember Dieringer noted that she had some minor revisions to certain minutes that she provided to the City Manager. City Manager Jeng noted there were misspelled words and insert of connecting words; if Council members are comfortable, staff will incorporate minor changes. There were no objections. 5. COMMISSION ITEMS None. -1- 6. PUBLIC HEARINGS None. 7. OLD BUSINESS A. CONSIDERATION AND APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH STRADLING YOCCA CARLSON & RAUTH TO PR��IDE LEGAL SERVICES 1N CONNECTION WITH THE FORMATION OF THE ASSESSMENT DISTRICTS AND THE ISSUANCE OF BONDS. City Manager Jeng recommended to the Mayor and members of the City Council to discuss item 8C cost share model before discussing item SA. There were no objections. The meeting agenda re-ordered and agenda item 8C was discussed at this time. Returning to this item after discussing agenda item 8C. City Manager provided a brief recap of the last City Council where directions were given to staff to (1) ask Bond Counsel to provide cost estimates for individual projects; (2) to the extent possible bond counsel work shall be performed by a paralegal at a lower rate; (3) hourly rate shall be capped at 5% per year commencing after year 2020; and (4) a reimbursable rate sheet was included in the contract. A redline version of the contract with these additions is included in the agenda package. Mayor Wilson expressed appreciation for the redlines Mayor Pro Tem inquired where item(1)was inserted in the revised contract. City Manager Jeng clarified that the cost estimate was discussed with bond counsel but was not included in the contract. City Attorney Jenkins expressed that it was fine that the item was not included in the contract. Mayor Wilson inquired about the signator for the contract; it changed from the City Manager to the Mayor. City Manager Jeng replied the City Manager was placed in error and should be the Mayor that signs the agreement. Councilmember Dieringer inquired if the bond counsel has given the City an estimate for the work for the Eastfield project. City Manager Jeng noted that the bond counsel contract has not been executed and therefore the bond counsel has not provided a cost estimate. Discussion ensued regarding if the City can back out of a contract if the cost estimate came in higher than expected. City Attorney Jenkins noted that under the professional rules and conduct the City can always terminate the services of an agreement. No attorneys can force themselves on a client. Councilmember Pieper moved to approve the item as presented. Mayor Pro Tem Mirsch seconded the motion, which carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Black, Dieringer, Mirsch,Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COiJNCILMEMBERS: None. ABSTAIN: COLINCILMEMBERS: None. Minutes City Council Meeting 03-25-19 -2- � I 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 OF BONDS. This item was discussed after agenda item 9B. Finance Director Shea presented the mid-year budget noting that the year to date revenue is at $1.2M, $38K more than expected; expenditures are $1.275M, less than budgeted. Fiscal Year 18-19 budget revenue compared to expenditures after transfers showed a decrease of$54K compared to the anticipated shortfall of$154K. Interest rates are rising. Mid-year budget will reflect the increase in interest earning of $43K. There are a few expenditures to be included for mid-year: new copier, solid waste diversion compliance audit, but there axe savings from not having to hold an election. Expenses relating to the copier purchase and compliance audit will be offset by the election budget. Mayor Pro Tem inquired if the compliance audit was a part of the budget and if the audit should be conducted on a frequency. City Manager Jeng replied the compliance audit was not a part of the budget and the compliance audit is done once in a blue moon. City Manager Jeng went over the mid-year proposed adjustments, on page 11 of 12: (1) Making provisions for the worst case scenario on the need to replace the City Hall emergency standby generator. (2) Solid waste professional assisting with the solid waste contract. This item will be discussed tanight under a separate agenda item. (3) Proposed contribution to the Block Captain program providing materials to support volunteered residents. (4) Grant writing services to assist staff to complete and turn in grant applications timely. (5) Re-design of the website in response to the current web designer that won't support the current version of the software. (6) Information Technology services to support City Hall for the remainder of the fiscal year. The existing service provider decided to terminate agreement with the City. Finance Director Shea sun�unarized the mid-year budget to include $43K increase in revenue and $79K increase in expenditure. Councilmember Dieringer inquired if there was a budget for ADA compliance work such as City Hall front door and counter. Finance Director Shea replied that some of ADA compliance work is in the budget. City Manager Jeng noted that staff had door vendors take a look at the City Hall front door and there are issues identified with the slope percentage at the threshold of the front door to meet ADA requirements. Mayor Wilson opened the item to public comments. There were no public comments. Councilmember Pieper inquired which vendor would solve the City's website needs better. City Manager Jeng replied that the lower cost vendor meets the City's need better. For example, currently the City pays a separate vendor for e-notify system while the lower cost vendor has this service imbedded in the website so that the City doesn't have to pay for a separate service. The lower cost vendor also has extensive experience with ADA compliant website. All the clients of the lower cost vendor are government entities. Mr. Visco asked to comment on the budget allocation for the Block Captain program. Mr. Visco inquired that there is already approximately $8K allocated in the budget for the Block Captain program. So there is a proposal to allocate an additional $6875 to the budget. City Manager Jeng noted that there is an error; the $6106 in agenda item l0A should be $6875. Also the existing budget of $8K is reserved for other expenditures other than Block Captain Program and this budget was created prior to the City Manger's employment with the City. To not disrupt the previous allocation, an additional $6875 is requested to be dedicated to the Block Captain Program. Minutes City Council Meeting 03-25-19 -3- Finance Director Shea noted from records that the Block Captain Program budget paid for the Peninsula Preparedness Expo held in October 2018. Mayor Pro Tem Mirsch suggested to separate line items to break down the Block Captain Program allocations. Finance Director Shea replied that the new finance software will have additional breakdowns going forward. Mayor Pro Tem Mirsch inquired if the mid-year proposal for the consultant services for the Cal-OES grant application is expenses on top of previous $25K expenditure for previous grant writers. Councilmember Black noted that he did not want to get consulting services for the solid waste contract. In the past staff and City Council members were able to conduct the bid without consulting help. Mayor Wilson indicated the City doesn't have a set of specifications to put out to bid because the contrac# has been extended multiple times. Mayor Wilson noted he had sat down with the solid waste providers and they axe requesting a EO% increase. Councilmember Pieper inquired how much does the City pay for trash services and how much the residents pay for trash services. Finance Director Shea replied the residents are paying $1100 per year. The City is paying Republic Services $1160. The City subsidizes approximately $40K per year. City Manager Jeng noted that the expected increase is 30%. Councilmember Pieper commented that with the expected increase, residents will be getting a significant increase and suggested to have the mid-year proposal for consultant assistance with solid waste contract and if the budget is needed.then it is in the budget. Councilmember Black indicated that the City does not need consulting services. Mayor Pro Tem Mirsch inquired if the budget for solid waste consultant can be included in the mid-year adjustment but not go forv�Tard with the service until later in the contract negotiation process. City Manager Jeng explained that the City's procurement policy is for contract amounts above $25K to be approved by City Council. For contract amounts less than $25K, the City Manager just needs to follow the procurement procedures and engage services. City Manager Jeng noted that in this case she will bring the contract to Council for approval regardless of the contract amount. City Manager Jeng commented on the value of a solid waste professional. As an example, the City wanted to add a sharps program, staff wouldn't be able to determine the validity of the proposed rates. Additionally there is new legislation to eliminate methane gas from landfills and would require residents to place food waste in a separate bin. A solid waste professional who has the eyes and ears of the industry would be able to advise the City on the cost to have a separate bin and to sort and divert from landfills. Mayor Wilson summarized the discussion that the budget for the solid waste professional can be included in the mid-year adjustment. Mayor Pro Tem asked that staff bring back the contract if and when it is determined that there is a need for the service, regardless of the contract amount. Councilmember Pieper moved to approve the proposed mid-year adjustments. Mayor Pro Tem Mirsch seconded the motion,which carried without objection by a voice vote as follows: AYES: COIJNCILM�MBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. Minutes City Council Meeting 03-25-19 -4- B. CONSIDERATION OF OPTIONS FOR SOLID WASTE SERVICE BEGINNING JUL� 1, 2019 City Manager Jeng noted that the existing solid waste services contract expires on June 30, 2019. Typically contract discussion take place 18 months from the expiration date in order to make provisions for if and when a new service provider is hired. The long lead time allows the new service provider to transition into service and the old provider to transition out of service. The existing service provide indicated to the City that if the contract is extended for another 5 year term, in the first year, the rates would increase by 30% and the subsequent years by the rate of the Trash, Sewer, and Water index. The current contract uses the general consumer price index and historically in the last three years, the Trash, Sewer, Water index shows a 2-3% above the consumer price index. Alternatively, the service provider proposed to amortize the increase over a longer period of time with 8-10 years agreement with 6% flat rate increase for the entire duration of the contract. In either rate scenario, the service provider took into consideration new legislation, changes in recycling policies and commodity prices. City Manager Jeng requested direction from Council on the next steps: negotiate contract or go out to solicit competitive bids. On the competitive solicitation, the existing contract may need to be extended to have adequate time for transition. Mayor Pro Tem inquired if the existing service provider would be open to give an extension. City Manager replied that the service provider may do business in Rolling Hills at a later time and also their reputation is at stake. There should be no issues with getting a contract extension. Councilmember Pieper inquired if staff can make calls to other service providers to ask if the other services would be interested in bidding on serving Rolling Hills. Mayor Wilson noted that Republic Services proposed to cut the service from twice a week to once a week. The first pick-up shows the majority of the disposal and the second pick up is generally less. Councilmember Pieper commented that changing service from twice a week to once a week should not be considered. Discussion ensued on subsidizing services for residents. City Manager Jeng suggested to the City Council that she will check with the nearby service providers and get their responses on their interest serving the city. There were no objections. C. CONSIDERATION OF COST SHARE MODEL FOR ASSESSMENT DISTRICTS AND DIRECT STAFF TO DRAFT A RESOLUTION TO MEMORIALIZE THE COST SHARE MODEL; AND DIRECT STAFF TO DRAFT A MEMORANDUM OF UNDERSTANDING (MOU) WITH ROLLING HILLS COMMUNITY ASSOCIATION TO COST SHARE DESIGN FEES ASSOCIATED WITH ASSESSMENT DISTRICT PROJECTS. City Manager Jeng noted the item on the cost share model for assessment district came out of the discussion at the last City Council meeting reviewing a professional services contract with the bond counsel, Stradling Yocca Carlson & Rauth. Discussions included the City's past practice in cost sharing the design fees for underground assessment district projects with the Association and the residents, and whether if the City will contribute funds to the construction cost. City Manager Jeng gave a brief overview of the life of an assessment district project and noted that the City's contribution — along with the Association has been towards the beginning phase of the projects and has helped to kick start the long process of forming an assessment district. City Manager Jeng recommended that the City Council continue with past practices, provided the Association agrees to the cost share model and have the construction cost be funded by the assessment districts or the residents. Mayor Wilson asked for public comments. There were no public comments on this item. Minutes City Council Meeting 03-25-19 -5- Councilmember Dieringer discussed the Eastfield project, a current undergrounding assessment district project in progress. Councilmember Dieringer inquired if the City Council should look at Southern California Edison's Rule 20A credit and whether if there should be consideration to contribute to the current project or should the Rule 20A credit be treated separately? Councilmember Dieringer also asked the City Attorney the question of whether if after the Eastfield issues a bond, if there is an ability to use Rule 20A credit for the project? City Attorney Jenkins responded that if the project was eligible for Rule 20A credit, there should not be a need to raise more money than needed. The bond amount could be reduced by the amount of Rule 20A credit dedicated to the project. City Attorney Jenkins recommended to announce the contribution upfront before the funds are raised through the issuance of bond. Councilmember Dieringer discussed the City's current pursuit of the grant to underground Eastfield Drive and suggested allocating a percentage of construction cost to be funded for by Ru1e 20A credit for the current Eastfield project to incentivize other residents to doing what Ms. Shoettle has done with the current Eastfield project. Councilmember Dieringer also suggested to contribute Rule 20A credit for other eligible projects to reward residents with their efforts. City Manager Jeng noted that if the City Council decides as a policy to contribute Rule 20A credits to undergrounding projects, she noted to the City Council that consideration should be given when credit runs out. The City has a bigger pot of the Rule 20A credit due to the recent exchange with Palos Verdes Estate and that the accumulation rate is very slow. Councilmember Black noted that the grant the City is pursuing requires the undergrounding project limits to be contiguous and because of that the grant project on Eastfield has to start at Crest Road. Councilmember Black also noted he wants to preserve the Rule 20A credit for the grant. Additional discussion on the details of the grant followed. Councilmember Pieper suggested the City Council table the discussion on the Rule 20A allocation and focus on the cost share for engineering design fees. Councilmember Pieper made a motion to receive the report as presented. Councilmember Black second the motion. Mayor Pro Tem Mirsch noted that a few years ago when the one third contribution was discussed, the discussion also included a cap to the City's contribution. Mayor Pro Tem noted that she supports the funding of design fees as it serve as seed money for projects but suggested to set a not-to-exceed contribution amount. Councilmember Black suggested Councilmember Pieper amend his motion and set the contribution limit to be $50,000 per assessment project. Councilmember Dieringer clarified that the motion is to approve the recommendation on page 3 of 3 of the staff report on this agenda item and the addition of the contribution limit of$50,000. Councilmember Pieper did not object to amending his motion. Councilmember Black second the motion, which carried without objection by a voice vote as follows: AYES: COiJNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COi1NCILMEMBERS: None. ABSENT: COIJNCILMEMBERS: None. ABSTAIN: COiJNCILMEMBERS: None. 9. MATTERS FROM CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETINGS HELD ON NOVEMBER 8, 2018 AND FEBRUARY 14,2019 (ORAL). Minutes City Council Meeting 03-25-19 -6- Councilmember Dieringer gave a report on the committee meetings held on November 2018 and February 2019. With respect to burglaries, it remains a problem in the Peninsula. Neighborhood camera helps ev�n Ring cameras. Identity theft is the fastest growing crime. Most alarm ca11s are false. There is a plan for another Peninsula wide preparedness training. There is talk of a Peninsula wide preparedness committee focused on evacuation, and communication. Mayor Wilson noted identify theft statistics are reported based on the location of the person whose identify was stolen. B. CONSIDERATION OF HOLDING A TOWN HALL MEETING WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO DISCUSS HOW TO SAFEGUARD YOUR HOME AGAINST BURGLARY(ORAL). Mayor Wilson requested this item be moved up to be discussed after agenda item 7A. There were no obj ections. City Manager Jeng noted this item was placed on the agenda per City Council's direction from the last City Council meeting to talk about holding a town hall meeting with the Los Angeles County Sheriff's Department for best practices in protecting one's home. At the last City Council meeting Lieutenant Mike White informed the Council that the Lomita Sheriff station has personnel that can assist with best practices and insights on measures that can be deployed. City Manager noted that there is a Sheriff's Deputy in the audience tonight to answer questions. Councilmembers Dieringer wanted to hear about if the Sheriff's Department has conducted town hall meetings in other cities and how effective has the town hall meetings been in lowering crime rates. Mayor Wilson requested the Sheriff's Deputy to discuss the recent burglaries in Rolling Hills. Deputy John Despot noted that three houses were hit in one night and it is believe to be operated by one or two individuals. The common theme is that there were burglarized just after the sun had set. The theory is that suspects enter the city on foot. One house was not locked and two other houses were locked. It is believed that the suspect used the stolen car from one house to travel to the other houses. The suspect exited the Ciry at the Crest gate and appeared not to know how the gate operates. Deputy John Despot noted that he would call this an isolated incident. He also thinks that a town ha11 meeting would be a great idea and would re-educate residents on locking doors and discuss best practices such as the use of lighting at a residence. Councilmember Dieringer inquired if the suspects had contact with the residents inside the homes. Deputy John Despot replied no contact was made between the suspect and the homeowners. Deputy John Despot believes that the suspect utilized dusk and the need to light up a residence to determine if the residents are home. One of the three houses burglarized had a 90-year old man present but turned in for the night. The property was dark and the suspect thought no one was home. Mayor Pro Tem Mirsch thought holding a town hall meeting was a good idea and strongly suggest the City to hold one. Mayor Pro Tem Mirsch moved to direct staff to hold a town hall meeting. Councilmember Dieringer seconded the motion, which carried without objection by a voice vote as follows: AYES: COIJNCILMEMBERS: Black, Dieringer, Mirsch, Pieper and Wilson. NOES: COLTNCILMEMBERS: None. ABSENT: COiJNCILMEMBERS: None. ABSTAIN: COiJNCILMEMBERS: None. 10. MATTERS FROM STAFF A. RECEIVE AND FILE REPORT ON BLOCK CAPTAIN PROGRAM; CONSIDER AND APPROVAL OF ANNUAL BUDGET ALLOCATION FOR THE BLOCK CAPTAIN PROGRAM. Minutes City Council Meeting 03-25-19 -7- City Manager Jeng reported that the Block Captain has a new lead Block Captain: Arlene Honbo. Arlene will be responsible on the community side. The Block Captains established three goals: (1) determine a solid communication plan to keep the entire city connected in the event cell towers go down and power goes out. Block Captains were testing communication devices in 2013. If a communication device can be identified than the information can be passed from one block to another block. Hidden Hills City Manager indicated to City Manager Jeng that during the Woolsey Fire, Hidden Hills daisy chained communication with one working cell phone during the event. (2) The second goal is to identify evacuation routes for the entire city. (3) The third goal is to complete a community wildfire protection plan. The Block Captains, in addition to volunteering their time, they are also paying for supplies out of their own pocket. City Manager Jeng is suggesting that the City can play a role to support the Block Captains by funding supplies including communication device. City Manager Jeng pointed the City Council to page 2 and 3 of the staff report on this agenda item and noted that there is an error in the total dollar amount and that is due to the testing of types of communication devices with varying cost. There are 24 community zones and City Hall is considered as zone 25. City Manager reported that on Thursday, March 21, 2419 at l0am the Block Captain will be testing walkie-talkies. On April 18, 2019 the next Block Captain meeting,Diana Feinberg from the amateur radio club will be in attendance to discuss appropriate communication devices and best frequencies. Councilmember Black commented that satellite phones are really expensive and inappropriate. Mr. Visco inquired if the City intends to have one Block Captain for each zone. Mr. Visco discussed interferences and ham radio would be out of commission if there is no power. Ham radio is the 5 watts territory and requiring a FCC license. Mr. Visco suggested looking at devices at around $100 per device. City Manager Jeng replied yes the current budget assumed one Block Captain per zone. Councilmember Pieper suggested that once the right communication device is selected, that staff sends an email informing the other residents who are not Block Captains so that they can purchase the device. 11. CLOSED SESSION A. ANTICIPATED LITIGATION The City Council convened into closed session at 8:45 and City Clerk Hall left the Council Chambers. City Attorney Jenkins noted that there is no reportable action. 12. ADJOURNMENT Hearing no fiu-ther business before the City Council, Mayor Wilson adjourned the meeting at 9:30 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, March 25, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfulh submitted, laine Jeng - - City Clerk Approved � ,�ij , , �trick Wilson Mayor Minutes City Council Meeting 03-25-19 -8-