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09-23-19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, SEPTEMBER 23,2019 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 7:05p.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 Constance Turner, Government Relations Manager for Edison Mayor Mirsch announced the birthday of Councilmember Wilson. 3. OPEN AGENDA- PUBLIC COMMENT WELCOME Mr. Visco, resident of 15 Cinchring stated he submitted a letter to the Council regarding his thoughts,comments,and recommendations concerning the clear and present danger from potential wildfires due to Rancho Palos Verdes management of the Nature Preserve. He suggested that the Council take legal recourse against Rancho Palos Verdes and the Land Conservancy as soon as possible for maintaining a nuisance in the preserve. Mr. Visco also gave an update on his conversations with Susan Brooks with regard to fuel fire reductions.He requested that the Council consider this item for an executive session or closed session to explore if Rolling Hills has a legal recourse. Mayor Mirsch thanked Mr. Visco for his comments and ongoing efforts and assured him that the Council would seriously consider his comments. Constance "Connie" Turner, Government Relations Manager for Edison introduced herself and gave a brief overview of Public Safety, Power Shut-offs. She informed the Council that the fears of wildfires are growing every year and therefore Edison is trying to stay proactive. Ms. Turner is asking for Rolling Hills customers to register on Edison's website (sce.com) in order to receive alerts about any power outages and/or catastrophes on the Peninsula. She also stated she works very closely with her partner Vick Noel,who is assigned to Rancho Palos Verdes and Rolling Hills Estates to make sure that they keep each other informed about any news on the Peninsula. Ms. Turner informed the Council that she is always available to City Manager Jeng twenty-four hours a day, seven days a week because she understands emergencies can happen at any time. She also stated that Edison tries its best to notify First Responders and the Cities it serves,when anticipating a Public Safety Power Shutoff(P.S.P.S.) but also pointed out that unplanned outages do happen. She suggested that the Council read through the copies of her presentation at their convenience and if the Council has any questions,they can always reach out to her. Mayor Mirsch asked about the likelihood of all four cities having a Public Safety Power Shutoff at the same time and if an evacuation would follow. Ms. Turner answered no evacuation would be necessary, but the power would be shutoff. She further explained that all the circuits in the peninsula are interconnected, so if Edison did a power shutoff it would affect the majority of the Peninsula. Mayor Mirsch further inquired about places that have underground lines and whether they would be affected. -1- Ms. Turner answered all lines,whether above or below, are part of the same circuit. Mayor Mirsch thanked Ms. Turner for her time. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. MINUTES—REGULAR MEETING OF AUGUST 26, 2019. ' COMMENDATION: APPROVE AS P' SENTED B. PAYMENT OF BILLS. ' COMMENDATION: APPROVE AS P ' SENTED C. FINANCIAL STATEMENTS FOR THE MONTH OF JULY 2019. ' COMMENDATION: APPROVE AS P' SENTED City Manager Jeng pointed out that the Council was given corrected minutes with edits from Mayor Mirsch. She also mentioned that Mr. Visco wanted staff to follow up on an open agenda item. Staff adjusted Mr. Viscos' comments accordingly. Councilmember Dieringer pointed out the misspelling of Mr. Visco's name on the minutes presented to the Council. She also pointed out a misspelling of the City Manager's name. Councilmember Wilson inquired about how a vote is recorded when a Councilmember recuses himself from an item. City Attorney Jenkins answered that the vote should be recorded as absent. Mayor Mirsch pointed out that the minutes recorded the recusal as an abstention. City Manager Jeng informed the Council that it will be corrected to capture Councilmember Pieper's vote to read as absent and the abstain line to read as none. Councilmember Dieringer proceeded to point out grammatical errors in the minutes presented to the Council. Mayor Pro Tern Pieper moved that the City Council approve the consent items as presented with corrections to the minutes. 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: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS Minutes City Council Meeting 09-23-19 -2- A. DISCUSS RESTRICTIONS TO MEASURE W, THE SAFE AND CLEAN WATER PROGRAM(DEDICATED FUNDING FOR STORM WATER AND URBAN RUNOFF) AND PLAN FOR FISCAL YEAR 2019-2020 BUDGET ADJUSTMENTS. City Manager Jeng informed the Council that no action was needed for this item because the transfer agreement will be coming to the Council. She did, however, inform the Council of budgetary changes. City Manager Jeng proceeded to give a brief summary of Measure W and stated that the tax monies will be disbursed to the City by the end of the fiscal year in June 2020. 80%of the collected revenue is to go back to the local agencies, like the City of Rolling Hills. The City anticipates to collect $120,000. When the budget for Fiscal Year 2019-2020 was put together, the staff was under the impression that the monies could be used for existing programs. The City's existing programs were shown and summarized in earlier staff reports presented to the Council. The total cost of the City's existing programs equals to approximately $185,000. City Manager Jeng explained that the City thought that they could offset $120,000 of the $185,000 and only end up needing $65,000 from the general fund. However, the Measure guidelines came out and stated that only 30% of the $120,000 could be used towards funding existing programs. 70%of the $120,000 must go toward new projects after of November 2018 when the Measure passed. City Manager Jeng stated that the staff assumed that the general fund could be offset by the $120,000 but that has been confirmed not to be the case. She pointed out to the Council that Attachment 3 of the staff report is a brief estimation of eligible items to be funded by the 30% category. Staff must figure out how to spend the remaining 70%. She also pointed out to the Council that the City can roll over unused funds from year to year up to five years just like the Measure A funds discussed previously for landscaping. Mayor Pro Tem Pieper asked if the storm water money can be saved for five years and pay for paver stones and a redo of the entire parking lot at City Hall, since its purpose is to put water back in the ground. He further inquired if the City could sell its shares to other cities. City Manager Jeng answered yes,the City can save the money and use it for paver stones and that would fall under the 70%category. She also stated that the City's shares cannot be sold but pointed out that joint projects with other cities are allowed. Mayor Mirsch inquired about Kathleen McGowan's fees. She asked if Ms.McGowan was working on new programs that came after November 2018, could her fees be paid from the 70%category. City Manager Jeng stated that programs existing prior to November 2018 cannot be paid under the 70%category. In order for programs to be considered new, a program would have to have started after November 2018, Mayor Mirsch inquired about the new stable guidelines. City Manager Jeng answered that it is not eligible because some of the work for the stable design started prior to November 2018. She further informed the Council that Ms. McGowan is tracking her work differently now, due to the new guidelines. She also informed the Council that she has spoken to the Finance Director about creating two separate accounts for the 30%category and the 70% category. City Manager Jeng reminded the Council that Ms. McGowan presented before the Planning Commission after November 2018 and recommended revisions to the guidelines, therefore that work is eligible. Councilmember Black raised concerns about the cost of consultants and the inevitable annual increase. City Manager Jeng stated that the Council could change consultants at their discretion, however, only the services would be considered new, not the programs. Thus, the programs will remain ineligible for the 70% funding. She furthered explained that changing people does not make existing programs to become new programs. Minutes City Council Meeting 09-23-19 -3- Mayor Pro Tern Pieper suggested that the staff come up with new projects and the rest of the monies should be saved up to redo the parking lot or to figure out how to take on one canyon at a time and possibly place a catch basin in one or more canyons. City Manager Jeng informed the Council that Ms. McGowan made two suggestions on how to spend the 70%. Suggestion one was to save the money for capital improvement projects. Suggestion two was to provide rebates to residents if residents can show that they have placed a retention basin on their property, if allowed by the transfer agreement. Councilmember Black stated that he is in full support of helping residents attain water retention on their property. Mayor Mirsch asked if this item could be agendized for a future meeting date because she understands how important this topic is to Councilmember Black. City Manager Jeng informed the Council that funds administered by the Los Angeles County and the District will not have a template for spending the money until January and/or when the City enters into the fund transfer agreement. She is hoping that by then she will have more information about the restrictions on funds and can bring the information back to the Council. Councilmember Wilson asked if this money can be used for the preliminary discussion the Council is having with Rancho Palos Verdes about capture of water going down the canyon. City Manager Jeng answered that it may apply because there may be a benefit to the runoff. She reminded the Council that the primary purpose of this Measure is to make sure that the runoff is not being discharged into receiving waters. Councilmember Dieringer asked for clarity as to what is defined as a new project. City Manager Jeng answered that it includes anything new beyond November 2018. For example, the city can have a project that may require five million dollars to build. The city can roll over the monies for five years and it would not be considered a new project from year to year. It would be considered a new project from November 2018. Mayor Mirsch raised a question about the last sentence in the McGowan attachment that read"non- point source pollution control, and diversion of stormwater or urban runoff to a sanitary sewer system." She asked if Ms. McGowan was referring to the preliminary talks that the Council is having with Rancho Palos Verdes about maybe doing a sanitary sewer line instead of being on septic. City Manager Jeng answered no and further explained that the urban runoff to a sanitary sewer system assumes that you already have a sewer system. Rather than having the water discharge to the bay, you put it into a sewer system to treat it. Councilmember Wilson inquired about section 16.07 on Ms. McGowan report regarding independent audits and wondered about the cost. City Manager Jeng answered that she does not know what the cost of this audit would be. She did point out that this is one account and cannot imagine the cost being more than what the City pays for its annual audits. She also informed the Council that she has spoken to Terry Shea, the City's Finance Director about the subject matter. He stated that when Metro audits the City for Measure R, M, A, and C, those audits are generally paid by Metro's administrative budget. She assumes that this audit will have to be paid for out of the City's budget. "uut. City Manager Jeng reminded the Council that she will be asking the Council to take action in January 2020, in time for next year's budget. She also informed the Council that staff is aware of the added burden on the general fund side, so spending will be curbed. B. RECEIVE AND FILE WASTE DIVERSION AUDIT REPORT BY MSW CONSULTANTS. Minutes City Council Meeting 09-23-19 -4- City Manager Jeng reported on discussions held with Republic Services and gave a presentation of the work done by MSW Consultants. MSW Consultants was asked to audit Republic Services' diversion reports. She gave a brief description of diversion report. She explained that when trash is collected,the amounts that are diverted,recycled, sold off, or exported somewhere other than to a landfill are recorded. This is important because the State regulates each city to see if they are compliant with AB939 and meeting the stipulated diversion numbers. The Council approves these reports every two months, so City Manager Jeng felt that it is necessary to confirm the accuracy of these reports. The audit came back and stated Republic Services' reports are accurate. City Manager Jeng reported that MSW noted that the diversion numbers from the construction and debris category and regular trash were combined while the contract called for them to be separate numbers. The City is not in violation,but Republic Services is not doing what the contract requires them to do. This is important because the City is looking to re-engage Republic Services in a new contract. It is time to address the terms for diversion.City Manager Jeng requested that the Council receive and file the report. Councilmember Dieringer inquired if the error was something easily missed because it appeared to her to be deliberate. City Manager Jeng stated that it may be a matter of Republic Services not reading their contract carefully. Mayor Mirsch stated that several changes in management over the last couple of years may have played a role. She also felt that this error won't happen again because it will surface during the writing of the new contract and the Council will make sure of it. It is important to remember that the City is responsible for not hitting their diversion numbers and would be fined, not Republic Services. Mayor Mirsch stated that the report is helpful in nailing down the final points. Mayor Mirsch inquired about independent haulers. She asked how independent haulers are logging what they bring from different cities; their reporting can have impacts on the Rolling Hills numbers. City Manager Jeng explained that Rolling Hills does not have a monopoly and the City has to track what other service providers are doing. Independent haulers will pick up debris from Rolling Hills, go to a disposal center and they will log it and state the origin of the waste. Haulers may or may not get the city name correctly. In 2017, Rolling Hills reported high numbers for disposal and it was uncharacteristic from previous years. One thought was that this waste that was erroneously reported as waste from Rolling Hills. City Manager Jeng pointed out that the compliance audit only works when there is only one single hauler. The other tracking mechanism is the reports from other providers doing business here, through the C&D program. She reminded the Council that a refundable deposit was instituted recently because of difficulties in getting reports back. Since implementing a refundable $750.00 deposit on C&D permits, getting these reports back has become easier. Most haulers come back within days to submit their reports and get their money back. Another way to track other service providers is to match the C&D reports with the facility reports. (Every quarter or so, the City must review quarterly reports from Azusa Landfill and California Waste Services to get their quarterly reports to match up which deposits come from Rolling Hills.) This review has not been done in the past but it is something the City will be doing going forward. Councilmember Dieringer asked about the process by which the haulers are reporting where they are getting their construction materials. Are they only required to give the name of the city or are they asked to give an address? City Manager Jeng answered that her understanding is that the facilities have very loose standards. She informed the Council that she did communicate these concerns to the state. This is why she felt that it that is imperative that the City keeps accurate records of the C&D permits and Republic Service reports. Mayor Pro Tern Pieper moved that the City Council receive and file MSW's final waste diversion audit report. Councilmember Black seconded the motion and the motion carried without objection by a voice vote as follows: Minutes City Council Meeting 09-23-19 -5- AYES; COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE PORTS Councilmember Black stated that he would like to address the poor customer service from COX Communications. He requested that a COX representative be present at the next council meeting. Councilmember Wilson agreed with Councilmember Black and shared his customer experiences with COX. Councilmember Black expressed his concerns regarding actions taken by Land Conservancy with regard to fuel modification. 10. MATTERS FROM STAFF NONE. The City Council adjourned at 8:04pm to go into close session. 11. CLOSED SESSION A. EMPLOYEE PERFO' NCE EVALUATION GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER Assistant City Attorney Jane Abzug stated there was no reportable action. 12. ADIOURNMENT Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at 8:23p.m. The next regular meeting of the City Council is scheduled to be held on Monday,October 14, 2019 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Yohand Colonel' MBA City Clt..rk Approved, Leah Mirsch Mayor Minutes City Council Meeting 09-23-19 -6-