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07-22-19.pdf MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY,JULY 22,2019 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 Hi11s, California. 2. ROLL CALL Councilmembers Present: Mayor Mirsch, Pieper, Black, Dieringer and Wilson. Councilmembers Absent: None Others Present: Elaine Jeng,P.E., City Manager. Yolanta Schwartz, Planning Director Michael Jenkins, City Attorney Susan Wilcox, Land Conservancy Alfred Visco Arvel Witte Joe Spierer 3. OPEN AGENDA-PUBLIC COMMENT WELCOME Mayor Mirsch called for public comments. There were no public comments. 4. CONSENT CALENDAR Matters which fnay be acted upon by the City Council in a single motion. Any Councilmember may request rerrtoval of any item from the Consent Calendar causing it to be considered under Council Actions. A. MINUTES—REGULAR MEETING OF NLY 2, 2019. RECOMMENDATION: APPROVE AS PRESENTED. B. PAYMENT OF BILLS. RECOMMENDATION: APPROVE AS PRESENTED C. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR JUNE 2019 RECOMMENDATION: APPROVE AS PRESENTED D. FINANCIAL STATEMENT FOR THE MONTH OF JiJNE 2019. RECOMMENDATION: APPROVE AS PRESENTED E. SECOND READING — WAIVE THE FULL READING OF ORDINANCE NO. 362 OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING SECTION 8.08.580 CONSTRUCTION AND DEMOLITION WASTE OF THE CITY OF ROLLING HILLS MUNICIPAL CODE. RECOMMENDATION: APPROVE AS PRESENTED. Councilmember Black moved to approve the consent calendar. Councilmember Wilson seconded the motion. Councilmember Wilson also noted that the very last page of the balance sheet is illegible. The motion carried as follows: AYES: COLJNCILMEMBERS: Mayor Mirsch,Pieper,Dieringer, Black, and Wilson ' NOES: COLJNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBER5: None. 5. COMMISSION ITEMS A. RECEIVE AND FILE RESOLUTION NO. 2019-11 FROM THE PLANNING COMMISSION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING 689 SQUARE FOOT STABLE, TO A MIXED-USE STRUCTURE IN ZONING CASE NO. 959 AT 49 EASTFIELD DRIVE (LOT 33-EF) ROLLING HILLS, CA (WALDMAN). -1- Planning Director Schwartz summarized the last time the City Council discussed the project. The distance from the set aside to the closest structure is 53 feet. Councilmember Black inquired why was the elevation not included in the plans. Planning Director responded that the set aside is considerably lower. Councilmember Dieringer inquired if the mixed-use structure allows for showers. Planning Director responded that the code allows showers for rec rooms. Mayor Pro Tem Pieper moved to receive and file the item. Councilmember Black seconded the motion and the motion carried as follows: AYES: COLJNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson NOES: COIJNCILMEMBERS: None. ABSENT: COLTNCILMEMBERS: None. ABSTAIN: COLTNCILMEMBERS: None. 6. PUBLIC HEARINGS A. REVIEW AND APPROVE ZONING CASE NO. 957, REQUEST FOR A VARIANCE AT 5 FLYING MANE LANE. Planning Director Schwartz noted that the City Council took the project under its jurisdiction and proceeded to give a brief summary of the City Council's field trip to the project site. Planning Director Schwartz outlined the City Council's instruction to staff was to contact Edison to convey the condition observed at the site. Edison informed staff that an additional pole can be installed to raise the low hanging overhead lines. The applicant would then have the ability to underground to the new pole. Discussions ensued on Edison's response to staffls inquiry. Planning Director Schwartz noted that if the City Council grants the variance, Edison will require the applicant to trim the tree around the wires in question. Councilmember Dieringer asked for confirmation that the applicant would not give Edison the necessary easement for the new pole. Councilmember Dieringer inquired what is the most economical alternative for the applicant. Joe Spierer, Architect for the project, noted that his client Mr. Walker knew that he had to underground and fully intended to but due to circumstances he is requesting a variance. Mr. Spierer noted that there was similar variance granted previously. Mr. Walker would hate the third pole but does want safe conditions. Mr. Spierer responded to Councilmember Dieringer that if Mr. Walker was forced to provide the easement, he would do it, but he is focused on pursuing the variance. Mr. Spierer noted that the additional pole would likely be the most economical option. Councilmember Black moved to deny the variance request and added that no explosive be used on the project. Mayor Mirsch seconded the motion. City Attorney Jenkins noted that the action to be taken is to direct staff to prepare a denial resolution. And that a denial is just that — a denial. The property owner must in some way comply with the undergrounding requirement. The City cannot impose other conditions in a denial. The applicant can provide the easement to Edison for the additional pole and underground to the new pole. It is entirely up to the applicant and Edison in the approach to meet the requirement. Mayor Mirsch noted that she is not entirely insensitive to the cost issue. She also noted that the City Council does not like to make exceptions. Councilmember Black amended his motion to have staff bring back a denial resolution to the City Council. Councilmember Dieringer seconded the motion and the motion carried as follows: Minutes City Council Meeting 07-22-19 -2- AYES: COLTNCILMEMBERS: Mayor Mirsch,Dieringer, and Black. NOES: COUNCILMEMBERS: Pieper and Wilson. ABSENT: COLJNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 7. OLD SUSINESS NONE. 8. NEW BUSINESS A. CONSIDERATION TO ENGAGE THE SERVICES OF FORUM INFO-TECH FOR INFORMATION TECHNOLOGY ADMINISTRATIVE SERVICES FOR THREE YEARS, STARTING AUGUST 1, 2019; DIRECT THE CITY ATTORNEY'S OFFICE TO PREPARE A PROFESSIONAL SERVICES AGREEMENT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. City Manager Jeng gave a brief history of the City's IT infrastructure. The temporary IT vendor currently serving the City costs about $2,400. It was also envisioned to hire an IT vendor to serve as the Ciry's IT Department through a competitive RFP process. The RFP requested vendors to provide professional judgement to meet the City's needs and plan for the future. City Manager Jeng summarized the differences between the two proposals received and noted that she attempted to extract proposal elements to give an apples to apples comparison. Mayor Pro Tem Pieper inquired if$199 includes the hosting or managing the hosting? Mayor Pro Tem Pieper inquired about the quantity count of 9 for the AWS hosting and questioned the amount of work beyond year 1 of service. City Manager Jeng responded that $199 is managing the hosting. The hosting cost is on page 20 of 71. Discussions ensued on specific cost items from both proposals and the proposed contract term. City Manager Jeng noted that the current cost of maintaining the City's existing IT infrastructure is $2,500 per month, without the data migration to the cloud andlor future planning work. Mayor Pro Tem Pieper voiced concerns about fire walls and expressed the need to have data onsite. Once the system is set up, he doesn't think that there would be much work on the part of the vendor and to pay $2,000 a month seems high. City Manager Jeng inquired would Mayor Pro Tem Pieper be more comfortable if the contract term was shortened to one yeax? And that pricing can be discussed and be agreed upon before extending into year 2 andor3. Mayor Pro Tem Pieper responded yes and he would be comfortable with engagement of service if it were on a shorter term and if City staff s process is more efficient with the vendor's support. Councilmember Wilson provided his own experience with IT vendors for his business. Councilmember Dieringer inquired if it would fair to go back to CBE Solutions to ask them to provide services provided by Forum Info-Tech to get an apples to apples comparison. City Manager Jeng summarized the solicitation process including the clarification questionnaire with both proposers. She noted that it is important in a competitive environment that all competitors are treated the same and get the same information to provide proposals. Mayor Mirsch expressed that she would like to see a company that can provide a good level of service with their professional judgement. She would not want to go back out to bid. Mayor Pro Tem Pieper expressed that proposers will recommend what they are comfortable in recommending. If the contract term can be shortened, then we should move forward with the overhaul. Councilmember Dieringer inquired about the Southbay Smart Net Project and how is it related to this work. Minutes City Council Meeting 07-22-19 -3- City Manager Jeng outlined the service to be provided by the Southbay Smart Net project compared to th� City's current internet service. She added that the Smart Net project can be in integrated by the IT vendor. Mayor Pro Tem Pieper motioned to shorten the contract term to one year and approve staff's recommendation. Councilmember Wilson seconded the motion. Discussions ensued on the scenario where the vendor changes the price with the term being reduced from 3 years to 1 year. The item needs to be brought back to the City Council. City Manager Jeng noted that she would bring the contract back to Council for approval regardless. The motion carried as follows: AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper,Dieringer, Black and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COIJNCILMEMBERS: None. ABSTAIN: COLJNCILMEMBERS: None. B. CONSIDERATION AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS FOR ON-CALL PLANNING CONSULTING SERVICES TO SUPPLEMENT THE PLANNING DEPARTMENT ON AN AS-NEEDED BASIS FOR FISCAL YEAR 2019-2020 FOR AN AMOUNT NOT-TO- EXCEED $30,000. City Manager Jeng outlined resource change turning the Senior Planner position to a jack-of-all trade position. This contract is not meant to farm out the planning function but to meet the fluctuating demands of the Planning Departxnent on an as needed basis with a consulting firm. Also,the consulting service can provide expertise not available in-house such as CEQA analysis. Planning Director Schwartz briefly outlined the solicitation process and noted that she selected CSG because they seem to have a variety of people. The firm is geared to serve smaller cities. Ethan Edwards, Directar Planning Services from CSG gave a brief background of the company of 300 employees. They have a partner planner approach. It is an employee owned company. Mayor Pro Tem Pieper motioned to approve the item as presented. Mayor Mirsch seconded the motion and the motion carried as follows: AYES: COLTNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: Black. ABSTAIN: COUNCILMEMBERS: None. C. CONSIDERATION AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL DESIGN ASSOCIATES (EDA) TO REVIEW AND RECOMMEND ISSUANCE OF PERMITS PER THE ROLLING HILLS WATER EFFICIENCY LANDSCAPE ORDINANCE. Planning Director Schwartz noted that in order to be compliant with the Model Water Efficiency Ordinance, City staff needs additional assistance to review permitting data. The City Council through the budget process did approve the hire of a landscape architect to assist staff in processing the data to comply with the ordinance. There were two proposers. One of the proposers does not have the license called out in the RFP and therefore was not recommended. She recommends the selection of Environmental Design Associates. Plan check fees would be collected from applicants. Mayor Mirsch asked why is the license needed even though staff thought Sarah Noel was qualified to do the work. Planning Director Schwartz responded that much like design plans, a stamp is needed for the work. Mayor Pro Tem Pieper motioned to approve the item as presented. Councilmember Wilson seconded the motion and the motion carried as follows: Minutes City Council Meeting 07-22-19 -4- AYES: COiJNCILMEMBERS: Mayor Mirsch, Pieper,Dieringer, and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: Black. ABSTAIN: COiJNCILMEMBERS: None. Mayor Mirsch inquired if there is opportunity to use a consultant for multiple purposes. City Manager Jeng responded yes. Staff could have inquired if CSG has a certified arborist but because different tracks started at different times,the opportunity to have joint purposes was missed. D. CONSIDERATION AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WARRINER ASSOCIATES FOR ON-CALL ARBORIST SERVICES TO SUPPORT STAFF 1N FIRE FUEL ABATEMENT CODE ENFORCEMENT CASES. Planning Director Schwartz outlined code enforcement cases that needed the expert opinion of a certified arborist. Even though the City will have a full-time code enforcement officer shortly, a professional arborist would still be needed to provide professional opinions as to whether a tree is dead or not. She is recommending Warriner because they are local and would not charge the city for travel time despite the fact that their hourly rate is more expensive than the other competitor. Councilmember Dieringer inquired if the arborist will be used also for view ordinance cases. Certified arborists are a dime a dozen. The other firm at $150 per hour is cheaper and they have a registered arborist. The registered arborist is a higher level certification than a certified arborist. It would be worth it for them to travel here from Duarte. Councilmember Dieringer noted that there would be a conflict of interest if Warriner is being used by the Community Association. She noted that both arborists can be contracted to serve the City to allow the City to have the ability to select the appropriate expert for certain service. City Manager Jeng responded that yes,the on-call arborist can be utilized for view ordinance cases should the need arise. The City can use both arborists for on-call services. JTL did not receive a bad review from staff through the RFP process. Mayor Mirsch inquired with City Attorney Jenkins does he see any conflicts if the Association uses the same arborist. Mayor Mirsch inquired who is on the hook to pay for the services of the arborist? Mayor Mirsch inquired regarding the statistics on challenges to the City's assessment of dead vegetation and if the $6,000 will be sufficient to meet the demand. City Attorney Jenkins expressed that he does not see any conflicts arising from using the same vendor. City Manager Jeng responded that the City pays for the services of the arborist as a part of the code enforcement effort. Arborist call outs are clustered to maximize the site visits and often an arborist can use photographs taken by staff to render opinions. Planning Director Schwartz noted that, in the challenges so far, the arborist has determined the vegetation to be dead and that there have been no follow-ups as of February of this year. Mayor Pro Tem Pieper inquired with the City Attorney if the arborist fee can be recovered if the challenges by residents fail. City Attorney Jenkins responded Mayor Pro Tem Pieper that cost recovery is possible. Mr. Visco noted that it would be a great idea to have multiple arborists on-ca11. He also agrees with the challenging party to pay for arborist's fee. Councilmember Dieringer motioned to employ two arborists for on-call services. Mayor Pro Tem Pieper seconded the motion and the motion carried as follows: AYES: COiJNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson. NOES: COIJNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: Black. ABSTAIN: COUNCILMEMBERS: None. Minutes City Council Meeting 07-22-19 -5- Mayor Pro Tem Pieper asked that the arborist expenditures be tracked. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A. DISCUSS FIRE FUEL ABATEMENT ALONG THE CITY'S SOUTHERN BORDER, AREAS ADJACENT TO THE PALOS VERDES PENINSULA LAND CONSERVANCY (ORAL). Susan Wilcox gave a brief background on the Land Conservancy. Thirty years ago, the Land Conservancy was formed as a non-profit to preserve land for the enjoyment of the community. In total, $30M has been raised from Federal and State funds, and $lOM raised from the community has been used to purchase the Preserve. Once the land was purchased, the title was given to Rancho Palos Verdes. The Land Conservancy holds conservation easements over the land. The agreement between RPV and the Conservancy is to restore this land every five years. This year the Land Conservancy is looking to remove vegetation from the Preserve. Ms. Wilcox gave a background on acacia. The vegetation planned to be removed is acacia. The Land Conservancy requested $30,000 from RPV to remove acacia. Ms. Wilcox noted she is here tonight to answer questions. Councilmember Dieringer inquired regarding fire fuel abatement projects along the border between Rolling Hills and the Conservancy. Ms. Wilcox responded that the Conservancy is proposing to start at the bottom of the hill to remove acacia and move up the hill. There is an area near RH's property axea that the Conservancy is planning to remove mustard. There is about 20 acres to use goats to remove mustard. Ms. Wilcox noted that there is no excess budget and asked to explore RH funding for the muster removal work. RPV, Wildlife Agencies and the Conservancy jointly participate in a Natural Community Conservation Planning (NCCP). The NCCP allows the city to streamline permitting. With three parties, it is confusing who is in charge of what. The Conservancy does not regulate the users, doesn't issue fines but is simply a land restoration entity. RPV gives the Conservancy $160,000 annually to perform the restoration work. The work requires approximately $500,000 so the Conservancy is always raising additional funds from the community. Councilmember Wilson inquired regarding placing firebreaks between the City and the Conservancy and the decision protocol to determine where fire modification should take place. Ms. Wilcox responded that when NCCP was formed, the three agencies along with the Fire Department predetermined the locations where the fire fuel modification work would take place on the Preserve side. Otherwise the fire fuel abatement falls on the homeowner. Ms. Wilcox noted that the locations of the fire ignition sites were the priorities for fire fuel modification work. Ms. Wilcox also noted that mustard is difficult to eradicate. Councilmember Black expressed that some of the trails in the Preserve are overrun with mustard. Goats are not economical to remove mustard. The City would contribute funds to remove the mustard even if goats are considered for the removal work. Ms. Wilcox said that she is not a decision maker. Ms. Wilcox will take the request back and follow up. Ms. Wilcox noted that they have identified a 20-acre site to remove mustard. Mayor Pro Tem Pieper inquired who is the person who signs off on the work. And how do we come up with a solution right now. Mayor Pro Tem Pieper discussed RH residents that donate monies to the Conservancy and their desires for progress. It is the end of July and nothing has happened. Ms. Wilcox responded that the Conservancy's Executive Officer and the City of Rancho Palos Verdes would be the decision makers as well as the Wildlife agencies. Ms. Wilcox noted she will relay the urgency and be in touch with Leah and Elaine. Ms. Wilcox noted that the Conservancy wants to remove mustard too. Ms. Wilcox referenced the land is the Preserve and the Conservancy is the non-profit agency's office. Ms. Wilcox asked for understanding and said that she will be working on the request, but it may not be tomorrow. Councilmember Dieringer noted that prioritization should occur closer to people's homes. If the City were to contribute money, that there should be some control on the quality of work ensured by the Conservancy leadership. Minutes City Council Meeting 07-22-19 -6- Mayor Mirsch limited public questions and comments for Ms. Wilcox to 3 minutes. Alfred Visco inquired about work planned by RPV and the status of the work. City Manager Jeng responded to Mr. Visco that she spoke with RPV City Manager in the afternoon, the work is scheduled for next week,near Cinchring. Arvel Witte, 5 Quail Road South, expressed that he doesn't understand why are we stalled on a safety issue? Mr. Witte contributed to the Conservancy. B. RECEIVE A PRESENTATION ON THE ELEMENTS OF A COMMiJNITY WILDFIRE PROTECTIONAL PLAN AND THE PROCESS TO COMPLETING A PLAN FOR ROLLING HILLS (ORAL) City Manager Jeng provided a brief presentation on CWPP. Councilmember Wilson inquired about the past community meetings on the subject and the low turnouts. City Manager Jeng responded that the past community meetings are recorded and available on the City's website. The links have been shared with Block Captains. The Fire Department is coming to the next Block Captain meeting in August 2019. She is hoping that the Block Captain does a good job advertising the recorded meetings. Councilmember Dieringer asked that these meetings be as inclusive as possible to attract additional residents. City Manager Jeng responded that yes, additional meetings beyond the bi-monthly Block Captains will be held in the evening hours. Mayor Mirsch inquired if staff is actually going to write something up and have it approved by someone. City Manager Jeng responded that the plan would have to be signed off by the City Council, the Fire Department and the Sheriff. The plan can also go to a Fire Safe Council if the plan is related to wildfire. City Manager Jeng outlined the logistics of achieving an agreeable plan. Councilmember Dieringer inquired if more effort needs to be focused to get more participation. Councilmember Dieringer inquired if the City Manager is getting the sense that the Peninsula wants to prepare one CWPP for the entire Peninsula. CiTy Manager Jeng noted that Block Captains should be holding zone meetings. No, she is not getting a sense that cities are pursuing one Peninsula CWPP but that the individual plans would be coordinated peninsula wide. Mr. Visco stated that he is trying to get Elaine in touch with Elizabeth with California Fire Safe Council. Mr. Visco added that if the City works with the California Fire Safe Council,the City can receive funding. He suggested Fire Safe Council cells to allow flexibility between zones within the City. Fire Safe Council are volunteers and can assist and help write grants. Mr. Witte expressed that he is more interested in action. He suggested taking a tour along the City's border would help to act on the threat. He would like the Fire Department to see the threat. Mayor Mirsch directed staff to follow up on Mr. Witte's suggestion to have the community take a tour of the border. Mayor Pro Tem Pieper suggested to educate landscape companies on the City's dead vegetation ordinance to increase the dead vegetation abatement. 10. MATTERS FROM STAFF A. CONSIDERATION AND APPROVAL OF $1,500 FOR A SUMMER 1NTERN THROUGH EXP SUMMER INTERNSHIP PROGRAM. Minutes City Council Meeting 07-22-19 -7- City Manager Jeng gave a brief summary to the City Council regarding this item at the last meeting. To respond to the City Council's concerns,the City Attorney's office provided the opinion of a labor attorney on the issue of employing a summer intern. The labor attorney did not see any issues with hiring a summer intern. Additionally, staff provided the program's handbook addressing concerns voiced by the City Council at the last meeting. Councilmember Wilson noted that he has participated in the summer intern program. He is not brushed up on the program's handbook addressing the concerns expressed by the City Council. Again, he had fully intended to sponsor the summer intern and it was the City Manager who suggested to have the City fund the intern at City Hall. Councilmember Dieringer moved to approve staff's recommendation to fund the sluniner intern. Mayor Pro Tem Pieper seconded the motion and the motion carried as follows: AYES: COLJNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson. NOES: COLTNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: Black. ABSTAIN: COLTNCILMEMBERS: None. 11. ADJOURNMENT City Manager Jeng suggested to tentatively set August 19, 2019 for the field trip for 13 Portuguese Bend Road project. Staff will be checking with Councilmember Black's office to confirm his availability on August 19, 2019 at 7am. Councilmembers agreed to set August 19, 2019 as a tentative meeting date. Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at 9:SSp.m. The next regular meeting of the City Council is scheduled to be held on Monday, August 6, 2019 beginning at 7:00 a.m. 13 Portuguese Bend Road, Rolling Hills, California. Respectfully su � ed, � � Elaine Jeng, P.E. City Clerk/City Manager Approved, "`—' �'� ��J Leah Mirsch Mayor Minutes City Council Meeting 07-22-19 -8-