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7/14/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JULY 14, 2003 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. l_ ROLL CALL Councilmembers Present: Black, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: Lay (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. 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 June 23, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Southern California Gas Company notice to increase, Application No. 03-06-021 filed with Commission. RECOMMENDATION: Receive and file. customers of proposed rate the California Public Utilities Councilmember Pernell moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Black seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 660 CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR A SITE PLAN REVIEW TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL/SPA, ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED IN MARCH 2001, AT A SINGLE FAMILY RESIDENCE, AT 10 PORTUGUESE BEND ROAD, (LOT 52-RH. (HWUNG). City Manager Nealis presented the staff report outlining the applicants' request and their appeal of the Planning Commission's decision to deny the application. He provided background regarding the property. City Manager Nealis reported that a letter from a neighboring property owner supporting this appeal had been received after the agenda materials were delivered to Councilmembers and that the letter had been placed before the City Council this evening. Mayor Hill opened the public hearing and called for testimony. Mr. Stan Lamport, applicants' representative, explained the impacts that the setbacks have on the pad of the property due to the adjacent roadways. He pointed out the setbacks off of Portuguese Bend Road and Eucalyptus Lane and the pad area on the plan. He. stated that he feels that the property is not crowded and has a lot of open area. He commented on the pad coverage guideline of the City. Minutes City Council Meeting 07/14/03 -1- Hearing no further public comments or discussion, Mayor Hill continued the public hearing to an adjourned regular meeting of the City Council to be held on Monday, July 28, 2003 beginning at 7:00 p.m. for the purpose of conducting a field review of the subject property. Councilmember Black questioned laws pertaining to fencing around or covering of swimming pools. City Manager Nealis explained how the County of Los Angeles administers this regulation in Rolling Hills. He indicated that when pools are constructed, that the homes in Rolling Hills are required to have an alarm system at the back of the residence, or on the surface of the pool. He indicated that many residents have pool covers or other alarm systems that notify them if water in the pool is disturbed. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF DRAFT CORRESPONDENCE RELATIVE TO CITY COUNCIL AND COMMUNITY ASSOCIATION BOARD OF DIRECTORS JOINT MEETING. City Manager Nealis presented the staff report providing background regarding this subject. Councilmember Black indicated that he had a few revisions to the draft letter. He explained the revisions and indicated that he had wanted to make the letter briefer. Councilmember Pernell commented on the letter and queried whether it would be read by the residents. In response to Councilmember Pernell, Councilmember Black indicated that he had offered to send the letter out to residents on his own and is still willing to do so. Discussion ensued regarding Councilmember Black's revisions relative to underground utilities. In response to Councilmember Black, City Manager Nealis explained the policy in Palos Verdes Estates to allocate Edison Rule 20A funds to assist residents in funding preliminary engineering reports relative to private underground projects. He indicated that he does not know how much of the City's Rule 20A fund balance will be available after the Rule 20A project on Crest Road is completed. Mayor Pro Tem Heinsheimer suggested that this item be held on the agenda until the minutes of the Joint Meeting are approved by the City Council. He also suggested that the Council may wish to determine whether they wish to send the proposed letter or place an article in the Citywide Newsletter that the meeting took place and that the minutes are available for those who may wish to read them. Mayor Hill commented on Councilmember Black's offer to mail the proposed letter on his own and expressed concern that a united front may not be shown by the City Council if a single Councilmember sends out a letter. Further discussion ensued regarding the underground utilities portion of the proposed letter. City Manager Nealis explained that Rule 20 A funds may be advanced to residents desiring to privately underground their utilities like the Palos Verdes Estates Program, however, the City Council has not formally developed or adopted a program. Councilmember Black commented on a discussion at the Joint Meeting relative to undergrounding of utilities and indicated that RHCA Board President Don Crocker had indicated that he had a problem using general funds for what is essentially an individual property owners benefit. He also commented on the City Manager's explanation at the Joint Meeting that the Rule 20A funds could be used to obtain the preliminary estimates for residents desiring to underground their utilities. City Manager Nealis indicated that this represents an eligible use of 20A Funds. Hearing no further discussion, Mayor Hill directed that this item be continued to the next regular meeting of the City Council. CONSIDERATION OF A REQUEST FOR PROPOSAL FOR CONSULTING SERVICES FOR THE IMPLEMENTATION OF THE REQUIREMENTS OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES) AND THE TOTAL MAXIMUM DAILY LOAD (TMDL) REGULATIONS. City Manager Nealis presented the staff report providing background regarding current and future requirements that all stormwater discharge be subject to, and in compliance with the NPDES Permit and the TMDL requirements and testing. He presented the RFP for consultant services to assist the City in the reporting requirements and ongoing compliance with these mandates. City Manager Nealis explained the two watersheds that Rolling Hills has been determined to be in and the requirements of complying with the laws relative to NPDES and Minutes City Council Meeting 07/14/03 -2- f TMOL. He further stated that he feels it is now necessary to secure a consultant to best represent the City in compliance and monitoring matters and to attend required meetings, as in other area cities, and that funds are provided in the FY 2003-04 Budget for these consultant services that staff estimates should not exceed $15,000 per year. He further explained that the RFP calls for a 3 -year agreement. Councilmember Black stated that the City currently has no industry or agriculture and expressed concern that Rolling Hills must be involved in this program and indicated that he feels that the City has no pollution. City Attorney Jenkins explained that, per the Permit, pollution includes soil, pesticides, and manure. In response to Councilmember Black, City Attorney Jenkins explained that the soil from a property entering a storm drain is also considered pollution within the meaning of the Clean Water Act. City Attorney Jenkins explained that the City has County operated storm drains and that the RHCA owns and operates numerous storm drains along the canyons and that many of them flow down toward Rancho Palos Verdes and into the ocean. He stated that Rolling Hills' obligations in respect to the NPDES are far narrower in scope than any other city. Councilmember Black stated that he would rather spend the money to have the City test locally and report that it has zero pollution. Councilmember Black queried whether there was a way that the City could monitor the pollution. In response, City Attorney Jenkins stated that the NPDES permit exists and that the city is operating under this permit and has certain obligations both in terms of inspection and erosion control. City Attorney Jenkins explained the reporting obligations associated with the NPDES permit that the City is obligated to submit. He indicated that there are certain aspects that do not apply to Rolling Hills and that a consultant could best serve the City's interest in this respect. Also in response to Councilmember Black, City Attorney Jenkins explained that the City must demonstrate that it is performing Best Management Practices and he further explained the reporting and compliance obligations of the City. City Attorney Jenkins explained the TMDL requirements relating to trash that may find its way to the storm drains. In response to Councilmember Black, City Manager Nealis stated that there are numerous storm drains throughout the City that drain into canyons. City Manager Nealis explained it would be to the City's advantage to obtain a consultant to defend the practices of Rolling Hills related to this matter. City Manager Nealis explained the testing that will occur in the two watersheds that Rolling Hills drains into and a consultant's expertise in this process. Planning Director Schwartz explained the surface flow from Rolling Hills into neighboring cities' storm drain systems. City Attorney Jenkins further explained the NPDES permit process. He stated that Rolling Hills and other cities previously chose not to challenge this process because it would cost more to challenge the process rather than to comply with it given the nature of the City. He explained that -if pollutants are found that the cities will be held responsible for this pollution. City Attorney Jenkins indicated that he understands Counclmember Black's abhorrence to spending money unnecessarily but that it is a small price to pay to obtain compliance. In response to Councilmember Black, City Attorney Jenkins stated that the City does not have the expertise to self test and that it would be very costly to do so. Councilmember Pernell commented on the Montrose Chemical lawsuit. City Attorney Jenkins commented on the fact that Rolling Hills does not have sewers. He explained that waste water in cities with a sewer system is treated. He also explained that storm water runoff in Rolling Hills may be potentially polluted from the use of septic systems, cesspools and leach fields in the City that may be washed into the storm drains and out into the sea if those systems are not working property or drained frequently. Councilmember Pernell moved that the City Council approve the request for proposal and that staff be directed to obtain bids for the consulting services. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously by those Councilmembers in attendance. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on the discussion at a recent City Council/RHCA Joint Meeting relative to the view impairment processes of each entity. He indicated that he feels that the City's application should be simplified. After discussion regarding the RHCA's View Preservation Process, the City's View Preservation Process and the ordinance of the City relating to trees and views, staff was directed to review and simplify the City's View Impairment Application. Minutes City Council Meeting 07/14/03 -3- Mayor Hill reported that if there were no objections, that he would be investigating the food and facilities at the Ports O' Call Restaurant and that he would proceed with that facility for the Volunteer Appreciation Brunch scheduled for September 6, 2003. No objections were received. Mayor Hill commended staff for their efforts in tracking down solid waste reporting errors. MATTERS FROM STAFF City Manager Nealis reported that the overtime traffic patrols had been completed on July 6, 2003. He indicated that 72 speeding, 18 stop sign and 4 seatbelt violation citations were issued and that of the 94 citations, 50 were issued to Rolling Hills residents. Additionally, Mayor Hill indicated that 21 walkers/joggers were warned about walking in roadways. MATTERS FROM THE CITY ATTORNEY At 8:20 p.m., the City Council recessed to a closed session. CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No, BC275012. Existing Litigation: G.C. 54956.9(a) Shell Chemical Company, et al. v. County of Los Angeles, et al., Case Nos. CV -00-1917 MRP (MANx); CV -00-1938 MRP (MANx); and CV 00-6420 MRP (MANx). City Attorney Jenkins reported that the Cal Compact lawsuit had been settled and that the Mayor had signed the decent decree. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:31 p.m. to an adjourned regular meeting of the City Council to be held on Monday, July 28, 2003, beginning at 7:00 p.m., for the purpose of conducting a field review at 10 Portuguese Bend Road, Rolling Hills, California. Approved, Fran E. Hill Mayor Minutes City Council Meeting 07/14/03 Respectfully submitted, K� Marilyn Kern ^^ Deputy City Clerk -4- 1 1