07-22-19 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFO 11 IA
MONDAY,JULY 22, 2019
1. CALL TO 0 ' I ER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Mirsch at 7:00p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, 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 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 JULY 2, 2019.
• COMMENDATION: APPROVE AS P ' SENTED.
B. PAYMENT OF BILLS.
• COMMENDATION: APPROVE AS P' SENTED
C. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR JUNE 2019
COMMENDATION: APPROVE AS ' SENTED
D. FINANCIAL STATEMENT FOR THE MONTH OF JUNE 2019.
' COMMENDATION: APPROVE AS P' SENTED
E. SECOND REA PING — WAIVE THE FULL READING OF ORDINANCE NO.
362 OF THE CITY OF ROLLING HILLS, CALIFO' IA, AMENDING
SECTION 8.08.580 CONSTRUCTION AND DEMOLITION WASTE OF THE
CITY OF ROLLING HILLS MUNICIPAL CODE.
• COMMENDATION: APPROVE AS ' SENTED.
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: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
5. COMMISSION ITF,MS
A. RECEIVE AND FILE RESOLUTION NO. 2019-11 FROM THE PLANNING
COMMISSION GRANTING APPROVAL OF A CONDITIONAL USE PE' IT
TO CONVERT AN EXISTING 689 SQUARE FOOT STABLE, TO A MIXED-
-1-
USE STRUCTURE IN ZONING CASE NO. 959 AT 49 EASTFIELD DRIVE
(LOT 33-EF) ROLLING HILLS, CA (WALDMAN).
Planning Director Schwartz summarized the project and responded that at the last City Council
meeting, Council members requested staff to verify the distance from the proposed set aside area
for the stable and corral to the closest neighboring structure. She stated that 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 at 49 Eastfield is considerably lower than the
adjacent lot.
Councilmember Dieringer inquired if the mixed-use structure allows for showers.
Planning Director responded that the code allows showers in detached recreation rooms.
Mayor Pro Tern Pieper moved to receive and file the item. Councilmember Black seconded the
motion and the motion carried as follows:
AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black, and Wilson
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: 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 to contact Edison to convey the
condition observed at the site. Edison informed staff that an additional pole can be installed on
the building pad 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 staff s inquiry regarding trimming the trees.
Planning Director Schwartz stated that Edison's policy is to trim trees around their lines; but the
applicant has to request it.
Councilmember Dieringer asked for confirmation that the applicant would 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 to have
to install a third pole on his property 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.
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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:
AYES: COUNCILMEMBERS: Mayor Mirsch, Dieringer, and Black.
NOES: COUNCILMEMBERS: Pieper and Wilson.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
7. OLD BUSINESS
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. She stated that bids were received 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 Tern 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 for managing the hosting. She directed Council to page
20 of 71 of the staff report for the hosting cost.
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 and/or future planning work.
Mayor Pro Tern 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 for the next three years seems high.
City Manager Jeng inquired if Mayor Pro Tem Pieper would be more comfortable if the contract
term was shortened to one year and if that pricing could be discussed and be agreed upon before
extending into year 2 and or 3.
Mayor Pro Tem Pieper responded that he would agree and be comfortable with engagement of
service if it were on a shorter term and if City staff s process would be 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 be 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
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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 Tern Pieper expressed that proposers will recommend what they are comfortable in
recommending. He stated that if the contract term can be shortened, then the City should move
forward with the overhaul.
Councilmember Dieringer inquired about the Southbay Smart Net Project and how is it related to
this work.
City Manager Jeng outlined the service to be provided by the Southbay Smart Net project
compared to the City's current internet service. She added that the Smart Net project can be
integrated by the IT vendor.
Mayor Pro Tern 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. Councilmembers asked that the item be brought back to the City Council.
City Manager Jeng noted that she would bring the contract back to Council for approval regardless
of the answer to the amended term.
The motion carried as follows:
AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, Black and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
Prior to this discussion (Item 8B) Councilmember Black left the meeting.
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 a resource change turning the Senior Planner position into 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 Department 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
recommends CSG because they seem to have staff with expertise in different planning fields. She
also stated that the firm is geared to serve smaller cities.
Ethan Edwards, Director Planning Services from CSG gave a brief background of the company of
300 employees. They have a partner planner approach. He also stated that CSG 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: COUNCILMEMBERS: 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
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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 that was recently adopted by the City, City staff needs additional assistance to review
the submittal data. The City Council through the budget process did approve the hire of a
landscape architect to assist staff in processing the plans to comply with the ordinance. There were
two proposers. She stated that both firms are qualified to perform the service but that one does not
have the license called out in the RFP and therefore is not recommended. She recommends the
selection of Environmental Design Associates. She stated that the plan check fees would be
collected from applicants, and the consultant would be paid from those fees.
Mayor Mirsch asked why the license is needed even though staff thought Sarah Noel was qualified
to do the work.
Planning Director Schwartz responded that the City's ordinance stipulates certain licenses
requirements and in order to compare apples to apples this criteria was used to disqualify the
second proposer.
Mayor Pro Tern Pieper motioned to approve the item as presented. Councilmember Wilson
seconded the motion and the motion carried as follows:
AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: Black.
ABSTAIN: COUNCILMEMBERS: None.
Mayor Mirsch inquired if there is opportunity to use a consultant for multiple purposes.
City Manager Jeng responded yes. Staff could have inquired, for example, 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 IN 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 stated that the arborist would provide other landscaping and related services, on
an as needed basis. 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
proposer.
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. She stated that JTL did
not receive a negative review from staff through the RFP process and is a qualified firm.
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 he sufficient to meet the demand.
City Attorney Jenkins expressed that he does not see any conflicts arising from using the same
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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 Tern Pieper inquired with the City Attorney if the arborist fee can be recovered if the
challenges by residents fail.
City Attorney Jenkins responded to Mayor Pro Tern Pieper that cost recovery is possible.
Mr. Visco noted that it would he a great idea to have multiple arborists on-call. 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: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: Black.
ABSTAIN: COUNCILMEMBERS: None.
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 fotined 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 $10M raised from the community.
These funds have 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 invasive and flammable vegetation from the
Preserve. Ms. Wilcox gave a background on acacia plants and stated that acacia is highly
flammable. The vegetation planned to be removed this year is acacia plants. 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 area that the Conservancy is
planning to remove mustard plants. She stated that goats are planned to be used to remove about
20 acres of the mustard plants. Ms. Wilcox noted that there is no excess budget and asked the City
Council to consider contributing funding for the mustard removal work.
RPV, Wildlife Agencies and the Conservancy jointly participate in a Natural Community
Conservation Planning (NCCP). The NCCP allows the city to streamline peiniitting. 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.
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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
and that goats are not economical to remove mustard. He stated that the City would contribute
funds to remove the mustard plants even if goats are considered for the removal work if it includes
areas bordering the City of Rolling Hills.
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 Tern Pieper inquired regarding the person who signs off on the work, and how do we
come up with a solution right now. Mayor Pro Tem Pieper discussed Rolling Hills' residents that
donate monies to the Conservancy and their desire 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 Mayor Mirsch and Elaine, City Manager Ms. Wilcox noted
that the Conservancy wants to remove mustard plants too. Ms. Wilcox clarified that the land is
the Preserve and the Conservancy is the non-profit agency. 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,there should be some control on the quality of work ensured by the
Conservancy leadership.
Mayor Mirsch asked if there are questions from the public and limited public questions and
comments 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, and that the work is scheduled for next week, near Cinchring.
Arvel Witte, 5 Quail Road South, expressed that he walked the trails behind his house and along
Cinchring and doesn't understand why arc we stalled on a safety issue? He stated that he
contributed to the Conservancy.
B. RECEIVE A PRESENTATION ON THE ELEMENTS OF A COMMUNITY
WILDFIRE PROTECTION 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 Captains do 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
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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 California Fire Safe Council as it relates
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. She also
responded that 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 the City Manager in touch with Elizabeth with the
California Fire Safe Council. Mr. Visco added that if the City works with the California Fire Safe
Council, the City can receive funding. Fire Safe Council are volunteers and can assist and help
write grants.
Mr. Witte expressed that he is more interested in action. He suggested that 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 along the border.
Mayor Pro Tern 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 INTERN
THROUGH EXP SUMMER INTERNSHIP PROGRAM.
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 showing
the insurance policies and requirements for hiring interns, which address concerns voiced by the
City Council at the last meeting.
Councilmember Wilson noted that he has participated in the summer intern program for many
years. He is not brushed up on the program's handbook addressing the concerns expressed by the
City Council. He reiterated that 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 summer intern.
Mayor Pro Tern Pieper seconded the motion and the motion carried as follows:
AYES: COUNCILMEMBERS: Mayor Mirsch, Pieper, Dieringer, and Wilson.
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: Black.
ABSTAIN: COUNCILMEMBERS: 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.
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Hearing no further business before the City Council, Mayor Mirsch adjourned the meeting at
9:55p.m. The next regular meeting of the City Council is scheduled to be held on Monday,August
19, 2019 beginning at 7:00 a.m. 13 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
Elaine Jeng, P.E.
City Clerk/City ManagL
Approved,
I,eah Mirsch
Mayor
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