08-12-19.pdf MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY,AUGUST 12,2019
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:Olp.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
Yohana Coronel, City Clerk
Michael Jenkins, City Attorney
Alfred Visco, 15 Cinchring
3. OPEN AGENDA- PUBLIC COMMENT WELCOME
Alfred Visco, resident of 15 Cinchring discussed his communications with Councilmember
Susan Brooks from Rancho Palos Verdes regarding his land conservancy concerns. He also
stated that he has had email communications with Kristen Raig from the Rolling Hills
Community Association about limiting traffic on the conservancy trails. Mr. Visco also
mentioned his ongoing efforts to form a Fire Safe Council.
Mayor Mirsch thanked Mr. Visso for his comments and ongoing efforts.
4. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember
may request �emoval of any item from the Consent Calendar causing it to be considered under�
Council Actions.
A. MINUTES—REGULAR MEETING OF MAY 25, 2019.
RECOMMENDATION: APPROVE AS PRESENTED.
B. PAYMENT OF BILLS.
RECOMMENDATION: APPROVE AS PRESENTED.
Councilmember Dr. Black moved that the City Council approve the consent items as presented.
Councilmember Dieringer seconded the motion and the motion carried without objection by a
voice vote as follows:
AYES: COLTNCILMEMBF,RS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES: COUNCILMEMBERS: None.
ABSEN'I': COiJNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Item 4C'was�ruZled,Jor discussion.
C. RECEIVE AND FILE A PROFESSIONAL SERVICES AGREEMENT WITH
FORUM INFO-TF,CH FOR INFORMATION TECHNOLOGY
ADMINIS'I�RATIVE SERVICES.
RECOMMENDATION: APPROVE AS PRESENTED
Councilmember Black pulled item 4C for further discussion regarding the language in the
contract.
Councilmember Dieringer also stated she needed clarity on some of the clauses, terms and
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conditions in the agreement. Councilmember Dieringer stated she was uncomfortable with
sections having to do with billing disputes, limitation of liability, termination without advance
notice for exposure of potential liability and their mention of a new support agreement coming
soon and whether that agreement would override our potential agreement.
City Manager Jeng clarified that the service agreement presented is only for one year and not for
three years as previously mentioned.
Discussion ensued between the City Attorney Jenkins and Councilmembers about how terms and
conditions with private companies regarding information technology service agreements tend to
be the same across the board and not much room is given by private technology service
companies to the customer to negotiate terms. City Manager Jeng pointed that her experience
with this particular industry is that they tend to operate in a different way and what is being
presented to council is not out of the ordinary.
Mayor Pro Tem Pieper agreed with City Manager Jeng.
Mayor Mirsch noted given the interest in time she would like to have this item approved.
City Attorney Michael Jenkins stated that there were several conversations between the City and
Forum Info-Tech and acknowledged that many of Councilmember Dieringer's concerns were his
concerns as well but ultimately the vendor did not budge. He also highlighted the urgency in
which the City finds itself with needing a new information technology contract.
Councilmember Dieringer made a suggestion and stated she would like to have an alternate
email listed as a point of contact, currently the Ciiy Manager is the only one listed and in case the
City Manager is not available she would like to have an alternate person who can be available.
Mayor Pro Tem Pieper moved that the City Council approve the consent items as presented.
Councilmember Wilson seconded the motion and the motion carried, with comments by
Councilmember Dieringer,by a voice vote as follows:
AYES: COLTNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES: COLTNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
5. COMMISSION ITEMS
A. CONSIDERATION TO RECEIVE AND FILE RESOLUTION NO. 2019-12
FROM THE PLANNING COMMISSION GRANTING APPROVAL FOR A
SECOND MAJOR MODIFICATION TO PREVIOUSLY GRANTED SITE
PLAN REVIEW, CONDITIONAL USE PERMIT, VARIANCE
ENTITLEMENT TO APPROVE A VARIANCE Z'O EXCEED THE
MAXIMUM PERMITTED LOT DISTURBANCE 1N ZONING CASE NO. 896
AT 11 SADDLEBACK ROAD (WARREN).
Due to the proximity of the property Councilmember Pieper recused himself from consideration
on the matter and left the dais.
Planning Director Schwaxtz gave a brief power point presentation and the history of Zoning Case
No. 896 at 11 Saddleback Road. Planning Director Schwartz restated what the Planning
Commission granted during their July 16, 2019 meeting. The applicant was granted a variance to
� exceed the maximum permitted disturbance in order to construct two biofiltration units. The
biofiltration/bioretention units are designed to temporarily hold and filter stormwater runoff
created by the inerease in the impermeable surfaces of the project including the stable, which
will be released into dissipaters in a controlled manner.
Planning Director Schwartz outlined the previously approved projects. In March of 2016 the
applicant was granted a lot line adjustment to merge two lots. In conjunction with the lot merger,
the applicant received a Conditional iJse Permit to construct a 13,860 square foot dressage arena,
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to convert the existing garage to a 2,415 square foot stable and add a 625 square foot loft and
1,685 square foot corral; Site Plan Review for a 4,745 square foot residence plus 659 square foot
garage, and other accessory structures, a not to exceed 5' wall that would encircle the majority of
the dressage arena, 950 square foot swimming pool, 23,700 cubic yards of grading, and
Variances to locate the equestrian facilities in the front yard area of the lot. Planning Director
Schwatrz stated that two modifications were approved since the original approval in 2016, each
by a resolution with findings and conditions. She pointed out that with the current application,
the previous resolutions of approvals were consolidated into one resolution, which contains all
findings and conditions applicable to all of the approvals.
Councilmember Dieringer stated that she would have liked to see the previous Resolutions and
historical information of the approvals.
Councilmember Wilson stated he had questions about the filtration system and where the water
went after it was released from the system.
Councilmember Black commented that the water being filtered is released into the canyon,
across Saddleback Road.
Councilmember Black moved that the City Council receive and file as presented. Mayor Mirsch
seconded the motion and the motion carried without objection by a voice vote as follows:
AYES: COiJNCILMEMBERS: Mayor Mirsch, Dieringer, Black, and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: Pieper.
B. CONSIDERARTION TO RECEIVE AND FILE RESOLUTION NO. 2019-13
FROM THE PLANNING COMMISSION GRANTING APPROVAL FOR A
SITE PLAN REVIEW FOR THE CONSTRUTION OF A NEW RESIDENCE,
INCLUDING ATTACHED GARAGE AND BASEMENT, RETAINING WALL,
SWIMMING POOL, AND GRADING; CONDITIONAL USE PERMIT TO
CONST'RUCT A GUEST HOUSE; AND VARIANCES TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND TO EXCEED
THE MAXIMUM PERMITTF,D COVERAGE OF THE FRONT YARD
SETBACK FOR CONSTRUCTION OF A DRIVEWAY IN ZONING CASE
NO. 956 AT 8 MIDDLERIDGE LANE SOUTH (ZHANG). AND
RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE
THE DRIVE WAY APRON.
Planning Director Schwartz gave a brief power point presentation and the history of Zoning case
No. 956 at 8 Middleridge Lane South (Zhang). On July 18, 2019 the Planning Commission
meeting adopted Resolution No. 2019-13 granting a Site Plan Review, Conditional Use Permit
and Variance for the construction of a new residence with a basement, garage, swimming pool,
guest house, driveway and other outdoor amenities on a vacant parcel. The variance was
exceeding the ma�imum permitted disturbance of the lot and exceeding the coverage of the
setback by a driveway. At the May 23, 2019 Traffic Commission meeting, members of the
Traffic Commission memorialized the recommendation to approve the driveway apron. The
Planning Commission held four public hearings and two field trips, before approving the project.
Many of the residents of Middleridge Lane South provided input, correspondence and were
present at all of the meetings.
Planning Directar Schwartz also outlined the changes made by the applicant to the project during
the review process.
Councilmember Dieringer stated that she would like to have the minutes available to her when
items are mentioned and/or referred to from other council and/or commission meetings.
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City Manager Jeng recognized that minutes should be available when an item is referenced and
assured Councilmember Dieringer that she would work on making the minutes available.
Councilmember Black moved that the City Council receive and file as presented. 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: COUNCILMF,MBERS: None.
ABSENT: COLINCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
6. PUBLIC HEARINGS
A. REVIEW AND APPROVE RESOLUTION NO. 1242 DENYING A RF,QUEST
FOR A VARIANCE 1N ZONING CASE NO. 957 AT 5 FLYING MANE LANE.
Planning Director Schwartz gave a presentation of Zoning Case No. 957 at 5 Flying Mane Lane.
The applicant has recently completed a 990 square foot addition and major renovation on the
house and pursuant to Section 17.27.030 of the Zoning Code, was required to underground the
utility lines, and that the Planning Commission approved the request. The provision does not
dictate which pole on or off the property one must underground to. She stated that at the June 10,
2019 City Council meeting,the City Council took the case under jurisdiction and held a field trip
on July 2, 2019 and a regular City Council meeting on July 22, 2019. She stated that the
applicant claimed difficulty in undergrounding the lines based on the letters of several
professionals. She stated that at the July 22, 2019 meeting, councilmembers directed staff to
prepare a Resolution denying the request for a variance. The Applicant requested a variance to
underground the utiliTy lines to the residence.
Councilmember Wilson asked for clarification on the vote being taken and what it meant.
Mayor Pro Tem Pieper explained that a yes vote would mean the council is approving a
resolution denying the property owners request.
Councilmember Black moved that the Ciry Council approve resolution no. 1242 denying a
request for a variance in zoning case 957. Councilmember Dieringer seconded the motion and
the motion carried by a voice vote as follows:
AYES: COiTNCILMEMBERS: Mayar Mirsch, Black, and Dieringer.
NOES: COUNCILMEMBERS: Mayor Pro Tem Pieper and Wilson
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
7. OLD BUSINESS
NONE.
8. NEW BUSINESS
A. CONSIDERATION AND APPROVAL OF A GRANT APPLICATION FOR
MEASURE A, THE SAFE, CLEAN NEIGHBORHOOD PARKS, OPEN
BENCHES, RIVERS PROTECTION, AND WATER CONSERVANCY
FUNDS.
City Manager Jeng gave an overview of Measure A, the Safe, Clean Neighborhoods Parks, Open
Space, Beaches, Rivers Protection, and Water Conservation Measure. On November 8, 2016,
voters of Los Angeles County approved Measure A, a parcel tax that generates over $90 million
in funding annually to be used to improve, acquire, develop and maintain park and recreational
facilities within Los Angeles County. City Manager Jeng also pointed out that Measure A has no
sunset date.
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She stated that cities that were incorporated at the time Measure A was passed receive two types
of funding annually: capital improvement and maintenance and service fund. Annual allocations
can be accessed by applying for a grant to perform eligible park projects.
She stated that the Park District informed staff that cities with a population of less than 2,500 can
share its annual allocation with adjacent high need, or very high-need study area provided the
project meets certain conditions.
Further, she stated that the City Council considered rehabilitating the City Hall campus parking
lot this past May but decided to delay the work until additional transportations funds are rolled
up. Discussing the potential landscaping component with the Parks District, the Grant Section
Manager deternuned that the scope of work can be funded using Measure A funds.
Mayor Pro Tem Pieper moved that the City Council approve the item as presented and request to
roll up future Measure A allocations to fund the project. Conncilmember 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: COiTNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABS1'AIN: COiTNCILMEMBERS: None.
B. CONSIDERATION AND APPROVAL OF JOINING THE SOUTHBAY
CITIES COUNCIL OF GOVERNMENT (SBCCOG) FIBER NETWORK AND
DIRECT STAFF TO SUBMIT THE LETTER OF COMMITMENT.
City Manager Jeng discussed joining the Southbay Cities Council of Government (SBCCOG)
Fiber Network. On July 2019, the Southbay Cities Council of Government contracted with
American Dark Fiber to provide a broadband network for its 16 member cities and
unincorporated communities. ADF is engaged to build a fiber ring that will connect the Southbay
cities and become member cities Internet Service Provider. Bandwidth starts with 1 gigabit
service. ADF will price protect by including automatic price reviews as additional buildings get
connected to the network or after set periods have elapses. She stated that the City currently uses
Cox Business as its Internet Service Provider with 10 Mb service for $80 per month and at this
speed staff often experiences interruptions when downloading and/or uploading large files. This
becomes problematic when staff is responding to a Public Records Request.
City Manager Jeng pointed out that in order to join the SBCCOG Fiber Network, ADF would
construct a lateral line from City Hall to the fiber network ring and would absorb the capital to
construct the lateral line as the COG received approval from Los Angeles County Metropolitan
Transportation Authority (Metro) to use Regional Measure M transportation funds to build the
ring network and laterals for member cities. The City can connect to the fiber network system at
a later time but then the City would be responsible for the cost of the lateral line.
Discussion ensued with Councilmembers at the possibility of having better Internet connection
within the City and(free) Wi-Fi on City Hall campus.
Mayor Pro Tem Pieper moved that the City Council approve the itern as presented.
Councilmember Black seconded the motion and the motion carried without objection by a voice
vote as follows:
AYES: COLTNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson.
NOES: COiJNCII.MEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COLJNCILMEMBERS: None.
C. DESIGNATE VOTING DELEGATE AND ALTERNATE TO THE LEAGUE
OF CALIFORNIA CITIES ANNUAL CONFERENCE OCTOBER 16-18 TO BE
HELD IN LONG BEACH, CA.
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City Manager Jeng asked the City Council if they could designate a voting delegate and an
alternate delegate to participate in the League of California Cities 2019 Annual Conference on
October 16-18, to be held in Long Beach, CA. At this meeting, the League membership
considers and takes action on resolutions that establish League Policy.
It was decided by Council that Councilmember Bea Dieringer will serve as voting delegate and
Councilmember Patrick Wilson will serve as alternate voting delegate. Staff was directed to fill
out the voting delegate/alternate form and mail to the League.
D. CONSIDERATION AND APPROVAL OF A LETTER OF SUPPORT FOR
THE CITY OF RANCHO PALOS VERDES' PROPOSED RESOLUTION FOR
THE LEAGUE OF CALIFORNIA CITIES 2019 ANNUAL CONFERENCE ON
USING UTILITY UNDERGROUNDING AS AN EFFORT TO
PREVENT/MINIMIZE WILDFIRES.
City Manager Jeng reported that the City of RPV contacted her to request a support letter for a
proposed Resolution to the League of California Cities for the California Public Utilities
Commission (CPUC) to amend the eligibility of funds of Rule 20A to add projects in the Very
High Fire Hazard Severity Zone and to increase the funding allocation to make mare projects
possible. She stated that RPV received support letters from several other cities. She stated that at
this time this effort is not coordinated with CPUC, however through the League of California
Cities, the urging of CPUC to act on this matter can be folded into the rulemaking process of the
CPUC.
Councilmember. Black moved that the City Council approve the item as presented. Mayor Pro
Tem Pieper seconded the motion and the motion carried without objection by a voice vote as
follows:
AYES: COLTNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COIJNCILMEMBERS: None.
ABSTAIN: COIJNCILMEMBERS: None.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
A. DISCUSS A JOINT SEWER MAIN PROJECT WITH THE CITY OF RANCHO
PALOS VERDES (ORAL)
City Manager Jeng reported that she and Councilmember Wilson and Mayor Mirsch met with
Councilmembers Dyda and Cruikshank and staff from Rancho Palos Verdes. The City of Rancho
Palos Verdes is currently preparing a study on how to mitigate the landslide area in their City, a
portion of which lies south of the landslide area of Rolling Hills. She stated that according to
RYV, it is believed that the earth movement is caused by water infiltration, which includes water
from septic systems and surface discharges. All of the Flying Triangle area, which is considered
the landslide area of the City is on septic systems. She stated that the group discussed
construction of a sewer line that would run through the properties in Rolling Hills and Rancho
Palos Verdes and that the first step would be to prepare a feasibility study for the project. City
Manager Jeng also stated that members of the RPV City Council mentioned that they would
contribute to the feasibility study of a sewer line in Rolling Hills
Councilmember Black inquired about how much money does the city need to begin a study or
the project.
City Manager Jeng stated that these discussions are very preliminary and that they will continue
in the future.
B. CONSIDERATION AND APPROVAL OF THE PERSONNEL COMMITTEE'S
RECOMMENDATION FOR A WORK PLAN TO UPDATE THE CITY'S
EMPLOYEE HANDBOOK AND PERSONNEL POLICY MANUAL.
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City Manager Jeng went over the recommendations the Personnel Committee discussed when
they meet on July 23, 2019. It was pointed out that the Personnel Committee recommended for
the City Manager's office to update the job specifications and salaries for all positions with the
assistance of the City Attorney's Office. Also,to clarify the role Finance Department
City Manager Jeng noted currently all grievances are filed with her but in the rare case that
someone would have a grievance about her, she would like for a third party to handle said
grievance on her behalf to make sure staff feel comfortable with the process. The Personnel
Committee recommended that the committee serves in that capacity.
Discussion ensued among Council to include the City of Carson as part of the salary study.
10. MATTERS FROM STAFF
A. CONSIDERATION AND APPRUVAL OF QUATERLY REPORT ON
ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE APRIL
2019-JiJLY 2019.
Planning Director Schwartz gave overview of code enforcement activities log, specifically
looking at fire fuel cases. She stated that between April 1, 2019 and July 31, 2019, the City
received and/or observed 12 dead vegetation violations. 12 violations were resolved, some from
prior quarters. 14 cases are outstanding from the inception of the program on July 1, 2018.
Planning Director Schwartz pointed out that since the start of the pro-active code enforcement
program for fire fuel management, the City obtained arborist opinions on 4 cases.
Councilmember Wilson pointed out his property was listed and his issue was resolved, however
it was not shaded properly. He asked for it to be corrected.
B. PRESENTAITON ON THE DEVELOPMENT OF THE CITY'S NEW
WEBSITE (ORAL).
City Manager Jeng gave a brief power point presentation on the city's new website and pointed
out the different layout of the city's information. For example, the new website will have a
Mayor's Corner box where the Mayor can post upcoming events. City Manager Jeng also stated
that the current photos displayed are not the photos that are going to be used but simply a place
holder. Theity did have a photographer come into the city and take photos that will be used for
the city's new website.
11. AD�OURNMENT
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting in
memory of community mcmbers Bill Horn and Frank Gargas at 8:SOp.m. to an adjourned
meeting on August 19, 2019 at 7:00 a.m. at 13 Portuguese Bend Road. The next regular meeting
of the City Council is scheduled to be held on Monday, August 26, 2019 beginning at 7:00 p.m.
in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
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Respectfully submitted,
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City C;.le;�-�__
Approved,
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Lealy Mirsch
Mayor �
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