08-26-19.pdf MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, AUGUST 26,2019
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: City Manager Jeng Jeng, P.E., City Manager.
Yolanta Schwartz, Planning Director
Yohana Coronel, City Clerk
Michael Jenkins, City Attorney
Alfred Visco, 15 Cinchuring
Gary Popovich, 1 Middleridge Lane. South
I Charlie Rein, 4 Pinto Road
Rob Hammond, 23 Middleridge Lane North
Matt Seaburn, 14 Portuguese Bend Road
Keith Wagener, 9 Middleridge Lane South
Dr. John Gebhard, 11 Portuguese Bend Road
Leslie Gebhard, 11 Portuguese Bend Road
Sean Cardenas, 13 Portuguese Bend Road
Sue Breiholz, 6 Upper Blackwater Canyon Road
Arun Bhumitra, 13 Buggy Whip Drive
� Tanvir Mian, 2840 Palos Verdes Drive North
3. OPEN AGENDA - PUBLIC COMMENT WELCOME
Alfred Visco, resident of 15 Cinchring gave an update on his contacts with Ranch Palos Verdes
and the Land conservancy. He stated he sent Council the latest land conservancy proposal
regarding the fire fuel load reductions and that it was approved by Rancho Palos Verdes. He
reminded Council of the dangers of the high-risk southwest canyons (Paintbrush Canyon,
Portuguese Canyon, Altimar Canyon and Forrest Old canyons). He noted that he feels no work
has been done about the dead vegetation and especially down and around Paintbrush Canyon. He
also stated that only partial work had been done around the 17 Cinchring property.
Mayor Mirsch thanked Mr. Visco for his comments and ongoing efforts.
4. CONSENT CALENDAR
MatteYs which may be acted upon by the City Council in a single motion. Any Councilmember
may request removal of any item fro�n the Consent Calendar causing it to be considered under
Council Actions.
A. MINUTES —REGULAR MEETING OF JULY 08, 2019, REGULAR MEETING
AUGUST 12, 2019 AND ADJOURNED REGULAR MEETING OF AUGUST
19, 2019.
RECOMMENDATION: APPROVE AS PRESENTED
B. PAYMENT OF BILLS.
RECOMMENDATION: APPROVE AS PRESENTED
C. REPiJBLIC SERVICES RECYCLING TONNAGE REPORT FOR JLJLY 2019.
RECOMMENDATION: APPROVE AS PRESENTED
D. QUARTLRLY SC�IEDULE OF INVESTMENTS REPORT FOR THE
QUARTER ENDING JLTNE 30, 2019.
RECOMMENDATION: APPROVE AS PRESENTED
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City Manager Elaine Jeng proposed some changes to Consent Item 4A, City Council Minutes for
August 12, 2019. On page 5 under item 6, there was a sentence that was not clear and would like
to add a sentence. Page 6, item 8A, she would like to add another sentence to the motion.
Councilmember Wilson 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: COUNCILMEMBERS: Black, Dieringer, Pieper, Wilson, and Mayor Mirsch
NOES: COiJNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
5. COMMISSION ITEMS
NONE.
6. PUBLIC HEARINGS
A. ZONING CASE NO. 953, REQUEST FOR A CONDITIONAL USE PERMIT
TO CONSTRUCT A NEW 2,464 SQUARE FOOT STABLE WITH AN 896
SQUARE FOOT LOFT AND A SITE PLAN REVIEW FOR 1,470 CUBIC
YARDS OF GRADING FOR THE PROPOSED PROJECT AT 13
PORTUGUESE BEND ROAD (LOT 77-RH) ROLLING HILLS, CA,
(CARDENAS).
Mayor Pro Tem Pieper recused himself from this item due to his property's proximity to the
proj ect.
Planning Director Schwartz gave an overview of the project and pointed out the location of the
footprint of the proposed stable, loft, overhangs for turn-outs, access to the loft and the corral.
She stated that the highest ridge of the stable will be 24' and the interior will have 4 stalls, room
for storage, a tack room with a bathroom and a hayloft. She stated that the existing stable will be
demolished and a new one constructed where the architecture of the stable will mimic the
architecture of the garage.
Planning Director Schwartz stated that the distance between the proposed stable and the closest
edge of the house at 11 Portuguese Bend Road is between 66 and.88 feet and 88 feet to the
stable.
Planning Director Schwartz brought to Council's attention the correspondence that was received
during the review process of this application. She pointed out to the most recent letter of
opposition from the property owners north of the proposed project site,the Gebhards.
She stated that the Gebhards are in opposition of the project because they feel the project is too
large, too high and to close to the property line and requested that the stable be moved to the
front of the property.
Planning Director Schwartz also mentioned that during the field trip to property 13 Portuguese
Bend Road on 8/19/19, some of the equestrian residents were present and e�pressed a desire to
leave the stable where it is and asked to keep the large corral.
Per Council's request, a table showing two story stables and their size and height for comparison
with the proposed stable was prepared. These stables been approved since 2011. She mentioned
that prior to 2011 stables were approved over the counter if no grading was needed. As of 2011 a
conditional use permit is required for stables over 200 square feet.
Planning Director Schwartz also mentioned a letter from Mr. Cardenas, the applicant, requesting
approval of the project as presented.
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Mayor Mirsch opened the public hearing for public comment.
Gary Popovich, 1 Middleridge Lane South, spoke in favor of the project. He stated one reason he
and his family moved into the city five years ago was because of the equestrian community.
Charlie Rein, 4 Pinto Road spoke in favor of the project and stated the reason why people move
into the City of Rolling Hills is because people like to have a great big property and have a corral
and barn and have the ability to use it and it compliments the city.
Rob Hammond, 23 Middleridge Lane North, spoke in support of the project and stated that the
project is fully confortning and came through the Planning Commission with a unanimous
approval. He stated that he knows the Cardenas Family as an equestrian family and when they
purchased the property their main concern was the turnout. Many other properties have huge
barns and the turnouts are quite small. The Cardenas Family has kept the large turnout and the
placement of the barn has always been there and nothing has changed. He pointed out that the
project is not a detriment to the property values but the exact opposite and that families come to
Rolling Hills because it is an equestrian community and this project supports the character of the
City. He encouraged the Council to take the advice of the Planning Commission and encourage
other residents to improve their properties and old barns.
Matt Seaburn, 14 Portuguese Bend Road, spoke in favor of the project and handed out a few
exhibits from Google Maps showing the distance between stables and adjacent homes on several
properties in the City. ��e also stated that being part of the Planning Commission and living
across the street from the project he has been able to witness how the project has developed. He
stated that the project is fitting, proper, and good for the neighborhood. He stated that there were
unreasonable complaints and comments made about the project such as smell, proximity, height
and screening.He encourage the Council to focus on what the newly proposed barn will do for
the community and that is to enhance the equestrian community, which is the brand Rolling Hills
is trying to sell which is what is so unique about the community.
Keith Wagner, 9 Middleridge Lane South spoke in favor of the project. He stated that he hopes
� the spirit of this community stays the same and encouraged the Council to support the barn. He is
happy to know the Planning Commission approved the project.
Dr. John Gebhard, 11 Portuguese Bend Road spoke in regards to the project and stated that he
wants to set the record straight. He stated he never complained about the smell and wanted to
inform the Council and everyone present that he and his family too are an equestrian family and
are not anti-equestrians. As for the screening, he stated that he has lived in his residence for over
forty years and the hedges on the south side have changed very little over the years and there was
a never different hedge. He stated that he brought his objections to the Planning Commission in
form of letters. He said he also had some observations to share since the Council's field trip on
8/19/19.
l. He drove around the city and looked at the stables in the stable comparison study and
stated that for example the barn on 29 Middleridge, which is one of the taller barns at 23
feet, is set down about 15-20 feet. When you are on the road of Middleridge, you only see
about 6' of the stable. He continued that as he looked around at other stables, the bigger
stables were isolated on the property and were not adjacent to other neighbors or they
were down below grade like the one on 29 Middleridge and the physical setting must be
taken into consideration.
2. He stated that the stable that is proposed by the Cardenas in relationship to his property is
25 feet in elevation and his bedrooms and patio are about 6 to 8 feet below, therefore
making the stable about 30 feet structure from his patio and is fairly adjacent to his
property even though it is 60 something feet away from his property line. He stated that
the comparison table should not be used for approval for this project but rather the
approval should rely on the finding if the project is harmonious in its environment. He
stated that the project is not harmonious with the site or the vicinity. He feels the barn is
too tall and too massive. He reiterated that the project should be moved closer to the
street or towards the Cardenas structures and that he is not objecting to the stable or the
size of the stable just the location in relationship to his property and the massive height.
He stated that he is the one who has to look at it. He is the only one with the negative
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impact but he feels like his position is not being taken into consideration. He said that
being a 40-year resident of the community should be considered and stated that his family
and 5 grandchildren come over a lot to use the bar-b-queue and the pool and the proposed
stable looks over most of his living area and pool. He requested that the massiveness of
the proposed stable be minimized.
Mayor Mirsch thanked Dr. Gephardt for his comments.
Sean Cardenas, 13 Portuguese Bend Road, the applicant, thanked the City Council, the staff and
everyone in the audience and the Gebhards for expressing their opinions and for going through
this process from the very start, which was many months ago. He stated that having sat on the
Planning Commission for several years it's always valuable to hear from the residents, the pros
and cons of a project and that he appreciates that. He said that his wife and he came in to Rolling
Hills 16 years ago and lived at 13 Portuguese bend Road for 14 of those 16 years and had horses
on site, almost the entire time. He said they moved the horses out in January time frame to stake
the project; that they have been equestrian people and that's why they moved to Rolling Hill. He
stated that they needed to redevelop the stable as it is too small and not safe in its current
condition. Mr. Cardenas stated that he hired an architect who designed many stables in the City,
knows the regulations and asked him to design a stable where no variances would be required
and one that meets all of the City's and Architectural Committee regulations. He said he didn't
want there to be any perception that as a Commissioner, he is getting special treatment. He said
the stable matches the architecture of the garage and is desirable by the Architectural Committee
of the RHCA. He stated that he and his architect looked at several other options, but none were
practical. He stated that prior to the field trip the Gebhards removed some screening between
their property and the silhouetted stable, and had they left the vegetation, the project would have
not been so visible from their property. He stated that in the past he asked the Gebhards to
remove the hedge because it was difficult to walk the horses there, but they did not agree to do
sa He stated that he thinks the Gebhards do not want the barn at all. He further stated that he
thinks his is a beautiful project and if anyone had an issue with the massiveness it would be the
properties from Lower Blackwater Canyon and from across Portuguese Bend than it is from
either side of his property, and both of those neighbors have expressed strong support as have
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many others; and with that he stated he would like to ask for Council's approval and
consideration.
Mrs. Leslie Gebhard, 11 Portuguese Bend Road stated that she wanted to correct the record. She
stated that bushes never grew there and they had bamboo and along the easement, which caused
a big problem for them during the fire, caused them to almost lose their entire property because
of it. The bamboo caught fire and they have planted trees there, but they did not cut them down
just to open up the view. She also stated they have put trees there and they have not grown. She
also stated that she never objected to removal of the big tree on the Cardenas' property. She
stated that she likes trees but having a view or open air and light is more important to her. She
further stated that she and her husband understand that the Cardenas have done everything by the
book, they have crossed their T's and dotted their I's. But sometimes having everything right, is
wrong and in this case something is wrong because it affects someone else.
Mayor Mirsch asked if there were any more comments from the public.
Sue Breiholz,president of Caballeros, stated the arena in front of 13 Portuguese Bend Road is so
special and she hopes the barn stays where it is leaving the arena intact.
Matt Seaburn, 14 Portuguese Bend Road spoke about the foliage there and stated that when he
took the visit he took three pictures, one on each side and one of the open areas in the middle. He
asked if anyone would like to see the pictures for reference and also stated that what was planted
is a different planting and it is fully overgrown.
Mayor Mirsch thanked everyone for there comments and closed the public hearing for this item.
Councilmember Black commented on the item and stated that he and Mayor Mirsch spoke about
the item briefly and he completely understands the issue and the Gebhards' point of view. The
structure is going to be tall and it's going to be big and it is right by their backyard and bedroom.
Part of the reason Council took it under advisement is because they wanted to see if it was
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possible to move it and have a really good look. After all options were considered he stated that
the project was well thought out and meets all the requirements and council cannot deny the
applicant the right to build. He also stated hedges and open spaces are a different issue and if the
Gebhards wanted to address that issue then a meeting with the Planning Commission needs to be
scheduled. He went on to say he could not see how he can vote against the project.
Mrs. Gebhard thanked Councilmember Black for hearing her concerns.
Councilmember Dieringer stated that the Uebhards placed a call to her about what their options
were regards to the project. She clarified that she did not know the Gebhards before this project
came to her attention and did not meet them until the field trip on 9/19/19. She stated that she
looked at the project and is looking for the right thing to do for an equestrian community. She
stated the stable is beautiful but also mentioned that the rules are not mathematical and that is
why every application is unique, therefore some of the things she looks at is the findings that
have to be met for a conditional use permit. She also mentioned she did a walk through the
property, outside and inside to see the different perspectives. She tried to look at it from her
perspective and how she would feel if it was her situation and feels the project should be
modified.
Councilmember Wilson thanked his fellow Councilmembers and residents for reviewing all the
important issues having to do with this project. He stated that the main issue that a stand out to
him is how it looks from the neighbor. Councilmember Wilson stressed that he is not promoting
hedges but one can consider strategically placing trees or bushes for screening. He also pointed
out the topography of Gebhards property and how it sits lower than grade closet to the property
line. He suggested screening out the undesirable view. He reminded everyone that the Planning
Commission unanimously approved it and it meets all the requirements and finds it difficult to
deny the project but also understands Gebhards concerns.
Mayor Mirsch expressed a general statement, that the City, the Council and the Planning
Commission is pro horses, pro barn, pro equestrian and wanted to clarify that this was not an
issue of not wanting a barn. She reminded everyone that the City and the Planning Commission
frequently make allowances to encourage barns. She also pointed out that this particular project
does not ask for any variances. Mayor Mirsch stated that she would like to explain how when
you sit on City Council and the Planning Commission, the bodies have to make findings; and
findings deal with the general plan and proceeded to read one of the criteria for the approval of a
conditional use permit. She read the finding requires "that the nature conditions and the
development of adjacent uses, buildings and structures have been considered and that the use
will not adversely effect or be materially detrimental to these adjacent buildings or structures".
Mayor Mirsch noted that the verbiage is very subj ective and that is why she feels the Council is
struggling with it.
She stated that in her deliberation she questioned whether there would be a negative impact on
the neighbors, in particular the Gebhards. The Mayor also stated that she wanted to make clear
that the comments about the smell did not come from the Gebhards; the person who made the
comments is not a resident of Rolling Hills and stated that her problem with the barn is not the
location but rather that it is too tall. She asked if maybe instead of two stories the barn can be L
shaped or if the loft can be less wide. She also made mention that there is no height restriction on
barns and it is because not one barn design fits into all properties and while she served on the
Planning Commission, the Commissioners dealt with a lot of issues that don't have a specific
criteria and they frequently asked applicants to modify their projects.
Mayor Mirsch asked the applicant if there was any consideration of doing something about the
height of the barn.
Assistant City Attorney Abzug asked the Mayor if she wanted to re-open the Public Hearing for
public comment for all present to comment, make a motion to approve or deny the project or
modify the Planning Commission's action.
Mayor Mirsch read a report from the Ad Hoc Stable Committee stating "proximity to any
neighbors' livable structure should be taken into account, stables are encouraged to be placed
away from neighboring uses as much as feasible," and pointed out that sometimes guidelines
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have some contradiction on the impact on neighbors. The Mayor then read the choices the
Council has with regards to this project and asked the applicant if he would like to resubmit his
plans.
Councilmember Black inquired about what happens if the vote is a tie?
Mayor Mirsch explained that if the vote is a tie, the decision of the Planning Commission stands.
Councilmember Wilson motions to prepare a resolution to uphold the Pla.nning Commission's
decision, Councilmember Black seconded the motion and the motion carried by a voice vote as
follows:
AYES: COLINCILMEMBERS: Black, and Wil.son.
NOES: COLJNCILMEMBERS: Mayor Mirsch and Dieringer
ABSENT: COLTNCILMEMBERS: Pieper.
ABSTAIN: COiJNCILMEMBERS: None.
The Council vote is tie, which means the Planning Commission's decision stands.
7. OLD BUSINESS
A. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 1243. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
ACCEPTING AN OFFER OF DEDICATION AND EASEMENT RELATING
TO THF, SEWER SYSTEM IMPROVEMENTS IN THE CITY OF ROLLING
HILLS; AND
CONSIDERATION AND AYPROVAL OF RESOLUTION NO. 1244. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING CONSENT AND NRISDICTION TO THE COUNTY OF LOS
ANGELES FOR THE INCLUSION OF CERTAIN TERRITORY OF THE CITY
OF ROLLING HILLS TRACT NO. 29408, 29206 and 23643 WITHIN A
COUNTY SEWER MAINTENANCE DISTRICT.
Planning Commission Schwartz gave a brief report of the history of the project recommended the
Council adopt both resolutions in order to bring the project to fruition.
Mayor Mirsch asked for comments from Council.
There was none.
Mayor Mirsch asked if there were any public comments.
There was none.
Mayor Pro Tem Pieper motioned to adopt resolutions 1243 and 1244 as presented,
Councilmember Black seconded the motion and the motion carried by a voice vote as follows;
AYES: COUNCILMEMBERS: Black, Dieringer, Pieper, Wilson, and Mayor Mirsch
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
B. CONSIDERATION AND APPROVAL OF LIGHTING UPGR.ADE AT TENNIS
' COURTS 2 AND 3.
City Manager Jeng covered the new information requested by Council regarding lighting tennis
standard. The first request was to have all vendors have the same instructions, second was meet
tennis standards and third to get a photometric study. City Manager Jeng pointed out that the
vendors presented to Council are more on the manufacturing side and do not do installation and
she does not feel that is what Council was asking for therefore she focused on American Powers
Solution and Horst K Electric. She requested for a higher wattage fixture of 300Watt from Horst
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K �lectric but instead received what the vendor thought was sufficient lighting, which is
100Watts LED lights, adding bull horn brackets to address the rusted brackets in place now,
which brings their bid from $5000 to $98000. Request number two had to do with lighting
requirements for tennis courts. City Manager Jeng reported that International Tennis Federation
(ITF) has different requirements for different tournaments. A lot of factors are taken into
consideration and she feels does not apply to these tennis courts because they are recreational
courts. The ihird request was for a photometric study and City Manager Jeng pointed out the
only vendor that did not charge a fee was American Power Solution. The new lights being
proposed by American Power Solution will be brighter and will only light the courts and not
� around the courts. American Power Solutions believe the lights will not flood the neighbors
because they are able to angel the lights.
City Manager Jeng recommends selecting American Power Solutions for the lighting upgrade
and reminded Council, per the lease agreement with Rolling Hills Community Association, the
association will pay for half of the upgrade.
Mayor Mirsch asked if Council had any questions.
Councilmember Wilson asked if the project is handed back to the association for completion will
it delay the process.
City Manager Jeng stated she did not know because she is not aware of the process they take but
reminded Council the association has taken the City's recommendations in the past.
Mayor Mirsch opened the item for public comment.
Arun Bhumitra, 13 Buggy Whip Drive, spoke and complimented the City Council for being the
best City Council, and asked if the lights were necessary and that the cost of replacing the light
bulbs should be taken into account.
Councilmember Black assured Mr. Bhumitra that he is considering cost and the brightness of the
lights at the tennis courts so as to not bother the surrounding neighbors.
Tanvir Mian, 2840 Palos Verdes Drive North, Co-President of the Tennis Club informed Council
he submitted a handout about lighting and his choice of vendor.
Mayor Mirsch reminded everyone present that this decision is not up to Council but rather up to
the Rolling Hills Community Association. The lease obliges the City the pay for half of the
project and therefore the City is being asked to select American Power Solutions.
Councilmember Dieringer asked about the rebates given by Southern California Edison and feels
that the City should be the lead with this project because the rebates are only given to cities and
not associations.
City Manager Jeng clarified that unfortunately Environmental Services has informed her that the
rebate is no longer available, but even if it was available Edison would have allowed for the
rebate to still apply so long as the city is the applicant. City Manager Jeng assured
Councilmember Dieringer that she would follow up with Southbay Council of Government about
available rebates.
i Councilmember Black motioned to accept American Power Solutions and the City share the cost
with the Rolling Hills Community Association. Mayor Pro Tem Pieper seconded the motion and
the motion carried by a voice vote as follows:
AYES: COUNCILMEMBERS: Black, Dieringer, Pieper, Wilson, and Mayor Mirsch
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
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C. CONSIDERATION AND APPROVAL OF PROPOSED AMENITIES BY THE
ROLLING HILLS COMMUNITY ASSOCIATION, AND THE MANDATED
AMERICAN WITH DISABILITY ACT (ADA) IMPROVEMENTS AT THE
TENNIS COURTS.
City Manager Jeng gave a brief overview of the project and reminded Council of their request for
staff to gather cost information. City Manager Jeng received a cost proposal from Bolton
Engineering for $197,232 for concrete and accessibility work. City Manager Jeng pointed out to
Council that this price does not include the add-ons of a restroom and septic tank.
City Manager City Manager Jeng recommended to proceed with the ADA improvements and
separately approve the amenities proposed by the Rolling Hills Community Association with an
updated cost estimate to reflect accurate estimates. She highlighted that the projects will not go
� together.
Mayor Pro Tem Pieper pointed out that when this project first started the cost estimate was
$300,000 and when the Association got involved the cost estimate grew to $900,000 which is a
300% error on their part and the project is not done yet. He questioned if the amenities are
necessary.
City Manager Jeng stated that the above groundwork would remain the same along with trellis,
which is outdated, adding that there would be a ramp and stairs.
Councilmember Wilson asked if Council choose to do the work without the amenities will the
new work be ripped up later when the additional wark is done, and if the city is obligated to do
the ADA upgrades.
City Manager Jeng stated yes, reporting that when replacing the septic tanks, the concrete would
be destroyed because of the plumbing. She also answered that the city needs to show they are
making a solid effort to be ADA compliant however there is no hard date of when the work
needs to be completed.
Mayor Pro Tem Peiper wanted to inform the association he is in strong disagreement with the
suggested spending proposed by the Association.
City Manager Jeng reminded Council that the lease agreement states that the City Council has to
approve these improvements in order for the association to move forward.
Mayor Pro Tem Pieper asked to take no action until a sensible plan is presented.
Mayor Mirsch stated she has meet with the association and they were under the impression that
the city would share cost all the fees and she reminded the association that is not the case and
pointed out to Council they are not oblige to fund the project. She feels their Board will not
approve the amount being proposed by the association. The concern for how much is being
spent is shared by both agencies. Mayor Mirsch stated she is willing to rneet with the association
again and inform them that the City Council feels their suggested spending is not something they
are willing to consider.
Councilmember Dieringer asked if they do the ADA upgrades with the septic tank would that
require any tear ups to the ADA improvements.
City Manager Jeng answered yes because of the plumbing that would need to be done for the
new septic tank.
Mayor Pro Tem Pieper asked for the Council concerns to be addressed before voting on the
issue.
Mayor Mirsch asked for public comment.
Mr. �3humitra, 13 Buggy Whip Drive stated he understands Council's concern about spending
the amount of money proposed but he reminded Council that the improvements will stand for the
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next 50 years and he felt other vendors can accomplish the project with a more conservative
budget.
Mayor Mirsch thanked the Mr. Bhumitra for his comments.
Mayor Pro Tem Pieper inquired if the project is tied to prevailing wages.
Assistant City Attorney Abzug stated that it gets complicated when two projects become
integrated because anything paid with public funds becomes subject to prevailing wages.
Mayor Pro Tem Pieper again reminded Council of the high cost of the project.
Councilmember Black recommended Council not to take action on the item until all concerns are
settled.
Councilmember Dieringer asked if there is a need to have two separate contractors and two
separate contracts for the two separate projects.
Assistant City Attorney Abzug advised it is best if two separate contracts and two separate bids
are in place for the two projects, the ADA improvements and the proposed amenities. Also
because time-wise it will be better managed and prevailing wages would not apply to the entire
project if the two projects are separate from each other.
City Manager Jeng informed Council that she and the City Attorneys Office have been in
communication about making sure the project is clearly defined as to who is lead because of the
prevailing wage concern.
Councilmember Dieringer made a motion to postpone the item until the Rollling Hills
Community Association has verified further information, Councilmember Black seconded the
motion and the motion carried by a voice vote as follows:
AYES: COLTNCILMEMBERS: Black, Dieringer, Pieper, Wilson, and Mayor Mirsch
NOES: COiJNCILMEMBERS: None.
ABSENT: COiJNCILMEMBERS: None.
ABSTAIN: COLTNCILMEMBERS: None.
ll. CONSIDER AND APPROVE THE SOLID WASTE COMMITTEE'S
RECOMMENDATION TO CONTINUE TO CONTRACT WITH REPUBLIC
SERVICES FOR SOLID WASTE SERVICES AND TO USE A SOLID WASTE
CONSULTANT TO PREPARE AN AGREEMENT
City Manager Jeng gave a brief summary of Council's request to have the Solid Waste
Committee have discussion with Republic Services and help Council's consideration to release a
Request for Proposal (RFP) or negotiate with Republic Services to continue services. City
Manager Jeng stated that the Solid Waste Committee had three meetings and several
conversations in between with Republic Service General Manager Ray Grothaus and several of
his staff about sewer,trash, water index versus the consumer price index, versus the garage index
and the cost of doing business. While doing so, Republic Service made a third offer far
consideration: a nine year contract, 7.4% service rate increase in year 1 of contract, subsequent
increases per the Sewer, 1'rash, and Water index in years 2 and beyond with a maximum
percentage increase of 5% and a minimum percentage increase of 3%.
Councilmember Wilson, who was part of the Solid Waste Committee, stated a lot of time was
spent in discussions and comparing other municipalities and their data. He reported that looking
at other cities,their proposed rates were higher than what was presented to Rolling Hills City. He
felt they worked hard to get what he felt is the best rate for the city and because of the
uniqueness of the city, the level of service was an important contributing factor. He also wanted
to add that Republic Service has been very responsive with all the issues the City has brought
before them.
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Mayor Mirsch, also a Solid Waste Committee member, concurred with Councilmember Wilson
and felt everyone negotiated to the best of their ability and in good faith. She appreciated the
current refuse service and feared that if the city were to go out to RFP, she was unsure of the
service level the city and residents are accustomed to will change. She supported accepting the
contract.
Councilmember Dieringer stated she noticed in the report that Republic did not provide service
rates for a temporary extension period but would offer it only after a decision is made on the
contract. She asked if an extension can be in placed in case negotiations happened to go longer
than expected.
Mayor Mirsch opened the item for public comment.
Ray Grothaus, General Manager for Republic Service, responded that the reason Republic is
present today is because he felt Republic and the City have a partnership and so they want to
negotiate the best contract they can. He also felt the ten months for negotiations was enough
time. He felt negotiating a long-term contract is in the best interest of both parties and assured
Councilmember Dieringer nothing would change with the rates if negotiations extended. General
manager Grothaus gave a brief summary of the changes occurring with waste, for example
compliance with 1383 which has to do with food waste collection, marketing and outreach, cart
color requirements, which Republic is willing to help the City be compliant by providing colared
carts that are standard and uniformed.
Councilmember Pieper pointed out the longevity of a nine-year contract and inquired about the
ever-changing laws in California and asked if that happens will Republic come back and try to
renegotiate again.
General Manager Grothaus stated they did ask for provisions for change of law beyond today
because they cannot forecast any changes.
Councilmember Pieper asked if at that point could the City cancel the contract if they did not
agree with where Republic was going.
General Manager Grothaus stated that they can add that language to the contract but it is
customary that when both parties do not agree with rate increases in a contract there are
provisions that will allow either party to exit the contract.
Councilmember Pieper requested that Republic give the City a big enough window to decide
what the City wants to do if there is a price increase and if the City does decides to exit the
contract. He then inquired about the colored carts.
General Manager Grathous answered by stating the regulations for the colored carts, size and
shapes have not been finalized and also informed Council there are some exemptions the City
can apply for. He mentioned Republic is willing to absorb the capital cost when providing three
trash carts and three green waste carts to meet these requirements but anything beyond would be
the residents' responsibility. He also reminded Council that when a resident has a large volume
of green waste, Republic provides a free roll-off container because it is more efficient for
Republic when collecting green waste.
Mayor Pro Tem Pieper stated he felt the City is better off with a longer contract.
Councilmember Dieringer questioned the provision in the contract and being able to charge the
City with new regulations, and questioned what assurance does the City have that Republic will
not use this method to try and increase their fees to incite the City to exit the contract.
General Manager Grathous replied that if Council looks at the offer being made by Republic
their intentions are to stay with the City and have put their best foot forward in negotiations.
City Manager Jeng reminded Council that those assurances where taken into consideration at the
committee level and that is why the City brought in a neutral, third-party consultant with HF&F
to help with negotiations and watch out for the City's interest. City Manager Jeng also mentioned
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that when General Manager Grothaus brought up future legislation, the consultant advised the
City how to word the contract so that it does not allow Republic to come back and say whatever
they want. She assured Council that the contract language would be drafted to safeguard both
parties' interest going forward
Councilmember Black made a motion to direct staff to continue negotiations with Republic
Services regarding the trash waste with the nine-year option, Councilmember Wilson seconded
the motion and the motion carried by a voice vote as follows:
AYES: COLINCILMEMBERS: Mayor Mirsch, Pieper, Black, and Wilson.
NOES: COLTNCILMEMBERS: Dieringer
ABSENT: COLJNCILMEMBERS: None.
ABSTAIN: COi1NCILMEMBERS: None.
City Manager Jeng wanted to add that for the next phase of this process, which is the writing of
the contract, she strongly advised the City to hire a professional. She informed Council that
Republic Services has offered to share cost and pay 50% of the consultant fee. Once the contract
is written and both parties agree, Republic offered to pay the remaining 50% of the consultant
fee so there would be no cost to the City.
8. NEW BUSINESS
NONE.
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE
REPORTS
A. CONSIDER AND APPROVE THE PERSONNEL COMMITTEE'S
RECOMMENDATIONS ON EMPLOYEE SALARIES BASED ON RECENT
SALARY SURVEYS.
City Manager Jeng reported out the recommendations of the Personnel Committee on updating
the employee handbook. One of the items in particular was to conduct a salary survey and
compare data collected from other cities for all positions. The Personnel Committee
recommended that there be no adjustments to the salary schedule with the exception of creating a
difference of 20% between the top range and the bottom range. The reason for this
recommendation was that they wanted to be able to make offers to people with varied degrees of
experience and educational backgrounds. The other recommendation made by the Personnel
Committee was to remove the salary ranges from the employee handbook since it changes every
year. The handbook would only make a reference. The last thing recommended by the
committee was not to conduct salary surveys on a frequent but only when there is a new hire or
when instructed by the City Council or the City Manager.
Councilmember Black stated the he disagreed with the statistics. When disregarding the lower
value instead of the higher value, it makes the City's salaries look bad. He believed the higher
value should have been discarded.
Mayor Mirsch stated when the City conducted surveys in the past they have taken out certain
data and can do so again at their discretion.
City Manager Jeng assured Council that the next time the City conducts a salary survey she will
take into account the proper way of doing means and averages.
Mayor Pro Tem Pieper made a motion to approve the recommendations made by the Personnel
Committee. Councilmember Black seconded the motion and the motion carried by a voice vote
as follows:
AYES: COUNCILMEMBERS: Black, Dieringer, Pieper, Wilson, and Mayor Mirsch
NOES: COLTNCILMEMBERS: None.
ALiSEN'T: COUNCILMLMBERS: None.
ABSTAIN: COiJNCILMEMBERS: None.
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10. MATTERS FROM STAFF
NONE.
RECESS
"The City Council took a recess of five minutes; the time was 9:45PM.
CALL BACK TO ORDER
Mayor Mirsch called the City Council Meeting back in session: the time was 9:SOPM.
Assistant City Attorney Abzug announced the City Council will now go into Closed Session; the
time was 9:SOPM.
11. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
CALIFORNIA GOVERNMENT CODE SECTION 54957.6
CITY DESIGNATED REPRESENTATIVE: CITY MANAGER
UNREPRESENTED EMPLOYEE: PLANNING DIRECTOR CANDIDATE
Assistant City Attorney Abzug stated there was no reportable action.
12. ADjouRNMENT
Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
10:37p.m in memory of Councilmember Pat Wilson's mother. The next regular meeting of the
City Council is scheduled to be held on Monday, September 09, 2019 beginning at 7:00 p.m. in
the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
; -
Yohana Ccironz . !�•'f�3A
City Clerk , -
Approved, ,
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Leah Mirsch
Mayor
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