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06-10-19.pdf MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFORNIA MONDAY,JUNE 10,2019 1. CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Mirsch at 7:OOp.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 2. ROLL CALL Councilmembers Present: Mayor Mirsch, Pieper, Dieringer,Black, and Wilson. Councilmembers Absent: None. Others Present: Elaine Jeng, P.E., City Manager. Yolanta Schwartz, Planning Director Michael Jenkins, City Attorney Jim Walker, Budget Consultant 3. OPEN AGENDA-PUBLIC COMMENT WELCOME There were no public comments. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request Yemoval of any item f�om the Consent Calendar causing it to be considered under Council Actions. A. MINUTES—REGULAR MEETING OF MAY 13, 2019. RECOMMENDATION: APPROVE AS PRESENTED. B. PAYMENT OF BILLS. RECOMMENDATION: APPROVE AS PRESENTED. Mayor Mirsch inquired about check number 25922 far Executive Suite Services. The description should be for janitorial services. Councilmember Wilson noted a correction needed on page 2 of the meeting minutes; the resident's last name was misspelled. Councilmember Dieringer inquired about the check payable to CJPIA for pollution liability coverage. Councilmember also inquired about the water bill and whether if the bill was related to Ranch Del Mar school. Councilmember Dieringer asked about the description RFI 2. City Manager Jeng responded that the Finance Director confirmed the City has pollution liability coverage through CJPIA however she does not know specifics of the coverage. The area served by the water company is called Rancho Dominguez. The water bill is for meters for the City and unrelated to the Rancho Del Mar school. RFI stands for Request for Information number 2 by CalOES. Cleverly was hired by the City to prepare grant applications. Cleverly was asked by the City to assist in responding to CaIOES' request for information. Mayor Mirsch noted a correction on page 10 of the meeting minutes, last sentence under item 9. The minutes stated that Mayor Mirsch inquired interest to grant the extension requested by Inman. Mayor Mirsch noted that she inquired interest to agendize Inman's request. Councilmember Wilson motioned to approve the items on the consent calendar with changes discussed. Mayor Pro Tem Pieper seconded the motion and the motion carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black and Wilson NOES: COUNCILMEMBERS: None. ABSENT: COLTNCILMEMBERS: None. -1- ABSTAIN: COLJNCILMEMBERS: None. 5. COMMISSION ITEMS A. CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-09 FROM THE PLANNING COMMISSION GRANTING A VARIANCE FROM THE REQUIREMENT THAT UTILITY LINES BE PLACED UNDERGROUND IN CONJIJNCTION WITH A CONSTRUCTION OF AN ADDITION AND MAJOR REMODEL IN ZONING CASE NO. 957, AT 5 FLYING MANE LANE, ROLLING HILLS (LOT 45-SF), (WALKER). Planning Director Schwartz presented the project. The applicant was required to underground the utility line to his property as a part of a renovation project. There is a slope between the electric panel and the utility pole. Due to the shallow bedrock in this area, and based on the opinions of several experts, the applicant applied for a variance noting difficulties to meet the undergrounding requirement. The Planning Commission found the evidence provided by the applicant compelling and reasonable and granted the variance. Mayor Mirsch called for public comments. Mayor Pro Tem Pieper moved that the City Council receive and file the items as presented. Councilmember Black proposed to take the project under the City Council's jurisdiction. Councilmember Black expressed that there is no reason why the undergrounding requirement cannot be met and this project like the others should meet the requirement. Mayor Mirsch seconded the motion. Councilmember Dieringer expressed that exceptions should not be taken lightly. Joseph Sparrow, architect for the applicant noted that there is an exceptional steep slope and exceptionally shallow bedrock. The surrounding structures to this area presented challenges in getting equipment in and out to perform the undergrounding work. The Planning Commission also was concerned in granting exception to the requirement but recognized the challenges with the task. Councilmember Black inquired if dynamite will be used. He has never seen dynamite used. Mayor Mirsch called for a voice vote as follows: AYES: COUNCILMEMBERS: Mayor Mirsch, Dieringer, and Black. NOES: COiJNCILMEMBERS: Pieper and Wilson. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. Mayor Mirsch suggested to schedule the date to conduct the site visit. Planning Director Schwartz noted that the field visit to the site has to be noticed. Discussions ensued on Councilmembers' availabilities. Mayor Mirsch set July 2, 2019 at 7am for the site visit. 6. PUBLIC HEARINGS A. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 1239 ADOPTING THE FISCAL YEAR 2019/202 BUDGET AND RESOLUTION NO. 1240 ESTABLISHING THE ANNUAL APPROPRIATION GANN LIMIT FOR THE CITY OF ROLLING HILLS. Minutes City Council Meeting 06-10-19 -2- City Manager Jeng noted that staff reported on the Finance Committee's recommendation on the proposed budget. She also noted the City Council discussed the proposed budget in detail at the last City Council meeting. City Manager presented Budget Consultant Jim Walker and added that the proposed budget presented is comprised of all the elements previously presented. Mayor Mirsch called for public comments. There were no public comments. Councilmember Wilson moved that the City Council adopted the budget. Mayor Pro Tem Pieper seconded the motion and the motion carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper,Dieringer, Black, and Wilson. �"' NOES: COUNCILMEMBERS: None. ABSENT: COiTNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. B. A HEARING TO CONSIDER WHETHER NONCOMPLIANCE WITH CITY COUNCIL RESOLUTION NO. 1196 AND THE COVENANT RECORDED AGAINST TITLE PURSUANT THERETO CONSTITUTES A PUBLIC NUISANCE WITH REGARD TO FAILURE TO ABATE A VIEW IMPAIRMENT AT 15 PORTUGUESE BEND ROAD (COVENANT RECORDED AS DOCUMENT NUMBER 20170547814 AND DATED OS/17/2017) (OWNERS: WILLIAM AND JUDITH HASSOLDT). Planning Director Schwartz noted that this is the third time the item is presented to the City Council. Planning Director Schwartz gave a brief history on the item. Planning Director Schwartz visited the viewing area with Ms. Nuccion that morning and considered the work performed to date to be in compliance with the Resolution. Ms. Nuccion submitted a letter contesting Planning Director Schwartz's assessment of the work. Specifically, an olive tree at the corner of the viewing area noted by Ms.Nuccion was not addressed by the maintenance work. The Nuccions is interpreting that any tree that grows into the view must be addressed by the required maintenance work. Planning Director Schwartz noted that this is not the intent of the Resolution. Councilmember Black inquired if the tree has grown into the view. The whole idea of the view is that trees cannot grow into the view. Planning Director Schwartz responded that the location of the olive tree was not a part of the view. City Attorney Jenkins noted that the Resolution stated that trees not identified in the Resolution cannot grow into the view. City Attorney Jenkins noted that Planning Director Schwartz is saying that the olive tree in question is not in the view. The intent of the Resolution is to identify the view from a viewing area. The view is defined in the Resolution. If a tree is growing in to the view,the tree has to be cut. If a tree is growing to the side of the view, and it is no longer what it was, the tree does not have to be cut because it is to the side of the view. City Attorney noted that the Planning Director Schwartz mentioned to him that the olive tree in question is to the side of the view and not in the view. Planning Director Schwartz added that that part of the view was never part of the conversation. Councilmember Black inquired if Mr. Hassoldt only cut the ones required in the Resolution. Planning Director Schwartz responded that Mr. Hassoldt cut more trees than identified in the Resolution. There is never discussion about looking to the right of the viewing area. Councilmember Wilson inquired about Section 7 of the Resolution and whether if the section is in conflict with itself. City Attorney Jenkins responded that Section 7 has to be read in the context of the view preservation ordinance. The first part could be interpreted that every tree on the property would apply but if read in the context of the view preservation ordinance, and since the City does not have the authority to call for trimming of all trees that do not impact views, Section 7 would be limited to the trees that grow into the designated viewing area. The reason this item came to the City Council three times is that the first time the resident did not do any trimming. The second time the resident trimmed the obstructing trees. The Minutes City Council Meeting 06-10-19 -3- third time the resident trimmed new growth into the view. City Attorney Jenkin expressed that he does not interpret the Resolution calling for all trees to be trimmed to the 2016 condition. Mayor Mirsch noted that she does not recall the view was established as a straight view. Councilmember Black expressed he cannot tell which tree is in question. Planning Director Schwartz responded that the tree behind the umbrella. Discussions ensure on specific trees and the property they belong to. Planning Director noted that the Nuccions are very happy with the work except for the olive tree in question. Mayor Pro Tem Pieper inquired if Hassoldt should be asked to trim the tree in question. Discussions ensued about the photographs presented in the staff report and the June 10, 2019 photographs. City Attorney Jenkins noted that resolutions adopted under Measure B, the restorative action should be based on view corridors as opposed to cornplete views. Mayor Mirsch inquired if Councilmember Black would declare a nuisance based on the work completed to date. Councilmember Black responded that he would. Mayor Pro Tem Pieper noted that Hassoldt has made good progress to date. City Attorney Jenkins inquired with the Planning Director Schwartz which the location of the olive tree in question. Councilmember Wilson inquired if the enforcement action was limited. City Attorney Jenkins responded that the action on the table is whether to declare a nuisance or not. City Manager Jeng noted that this discussion is significant as this restoration action on this property is in perpetuity. On page 5 of the Resolution, and at the top of page 6, the Resolution referenced designated viewing areas of 15 Portuguese Bend Road. Based on the photographs, staff's finding is that Mr. Hassoldt has complied with the Resolution. Councilmember Dieringer noted the importance taking photographs from the same vantage point. Mayor Mirsch suggested to ask the Hassoldt to trim the tree in question. Mayor Pro Tem Pieper added that the Hassoldt has made significant progress and we should ask Hassoldt to trim the tree in question. Mayor Pro Tem Pieper moved that the City Council instruct staff to ask the Hassoldt to do additional trimming to address the tree in question. Councilmember Black seconded the motion and the motion carried without objection by a voice vote as follows: AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson. NOES: COLJNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 7. OLD BUSINESS NONE. Minutes City Council Meeting 06-10-19 -4- 8. NEW BUSINESS A. CONSIDERATION AND APPROVAL OF AN AGREEMENT WITH GRANICUS TO SUBSCRIBE TO AN AGENDA MANAGEMENT AND MINUTES PREPARATION PROGRAM. City Manager presented the item introducing Granicus the company and the service and product provided. Granicus will allow city staff to automate the process of publishing agendas. Staff explored a number of companies and staff evaluated available systems based on staff needs. City staff publishes City Council agendas but also Planning Commission, Traffic Commission and Regional Law when it is the City's turn. The subscription to the software is unlike purchase a disk with Microsoft products. The program can be accessed anywhere with internet access. The system archives, retains records and will save staff many steps in the production process. Mayor Pro Tem Pieper inquired if the data can be backed up locally and if the data can be exported to reside elsewhere. Councilmember Black inquired if hardcopies of the agenda will still be provided. Councilmember Wilson noted the Traffic Commission meets every other month and not quarterly as stated in the staff report. City Manager Jeng responded that data can be backed up locally, and data can be exported. City Manager Jeng also responded that hardcopies of the agenda will continue to be provided to Councilmembers. Councilmember Dieringer confirmed that the City Attorney's office reviewed the agreement with Granicus. Councilmember Dieringer moved that the City Council approve the agreement with Granicus. Councilmember Black seconded the motion and the motion carried without objection by a voice vote as follows: AYES: COiJNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COiJNCILMEMBERS: None. Mayor Pro Tem noted that when staff signs up for services please make sure to backup locally. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Wilson reported that he attended Rolling Hills Estates City Manager poug Prichard's retirement party this evening. Councilmember Dieringer inquired about a residential burglary on Pine Tree Lane and questioned the reported method of entry is unlocked safe. Councilmember Black suggested that the City Council go visit 2 projects previously approved on Saddleback Road to the final product. Mayor Pro Tem Pieper noted that some projects need one year to have plants fill in. 10. MATTERS FROM STAFF NONE. 11. CLOSED SESSION NONE. Minutes City Council Meeting 06-10-19 -5- 12. ADJOURNMENT Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at 8:10p.m. The next regular meeting of the City Council is scheduled to be held on Wednesday, May 29, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respect` t1 submitted, f Elaine Jeng, P.E. City Clerk/City Manager Approved, _ n .� / 1 .. � �t/`,✓ f '"�'�+,-!'��.-(�,..-f�-� r _ �,� - -- `- L.eah Mirsch �; Mayor � Minutes City Council Meeting 06-10-19 -6-