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1/26/2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JANUARY 26, 2004 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. ROLL CALL e Councilmembers Present: Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LACSD, Lomita Station. 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 January 12, 2004. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement with Investment Report for the month of December, 2003. RECOMMENDATION: Approve as presented. d. General Purpose Financial Statement, FY 2002-2003. RECOMMENDATION: Approve as presented. e. Correspondence from Southern California Edison Company regarding a proposed rate increase, Application; A.03-10-022 filed, with the California Public Utilities Commission. RECOMMENDATION: Receive and file. f. BFI Recycling Tonnage Report for December, 2003. RECOMMENDATION: Receive and file. g. Approval of attendance at a portion of the League of California Cities City Managers Department Meeting. RECOMMENDATION: Approve as presented. Mayor Pro Tem Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLLJTTON NO. 2004-01: A RESOLLJTTON OF TI-� PLANNIlVG COMIVIISSION OF THE CITY OF ROLLING HILLS GRANTIl�iG A SITE PLAN REVIEW REQUEST FOR GRADING IN ORDER TO CONSTRUCT A STABLE, A CONDTTIONAL USE PERNIlT TO CONVERT AN EXISTIlVG STABLE INTO A CARRIAGE HOUSE AND ADD THERETO,AND A VARIANCE TO ENCROACH WITH'THE CARRIAGE HOUSE INTO TI� FRONT YARD SETBACK AT AN EXISTTNG SINGLE-FAMILY RESIDENCE IN ZONIlVG CASE NO. 675 AT 1 ACACIA LANE,LOT 25-B-RH, (LIEB). City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the property and the Planning Commissiori s action relative to Zoning Case No. 675. Minutes City Council Meeting 01/26/04 -1- Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2004-01. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. In response to Councilmember Lay, City Manager Nealis stated that the proposed structure does not exceed beyond the existing encroachment in the front yard setback. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS STATUS REPORT FROM SOUTI�RN CALIFORNIA EDISON CONIl'ANY RELATIl�TG TO CONCERNS EXPRESSED BY RESIDENTS REGARDING SPECIFIC POWER OUTAGES. City Manager Nealis presented the staff report providing background regarding this subject. He indicated that a status report relative to the Edison Company mitigation measures that have taken place in the vicinity of 35/37 Crest Road West is attached to the staff report. He also indicated that a report regarding power outages that occurred in Rolling Hills and their , causes had been placed before the Council this evening. City Manager Nealis indicated that two Councilmembers had indicated that they would not be able to attend the scheduled February 5, 2004 field review. Mr. Scott Gobble, Southern California Edison Company, reported that since the last meeting, Edison removed overhanging tree branches that could contact the power lines in the area and that vegetation and trees located along the horse trail directly below the lines had been trimmed and removed as necessary. He also reported that the high voltage line separation cross-arms that will lessen the likelihood of foliage or animals becoming involved in the electrical wires are scheduled to be installed prior to January 31, 2004. He suggested that the City Council consider a field review date after that just in case any unforeseen problems arise. Mr. Gobble indicated that a new style clamp for high voltage lines which will decrease the possibility of lines falling to the ground are still being investigated by the Edison engineering department. The City Council discussed various dates to conduct a field review and agreed to inspect the mitigation measures implemented by Edison in the vicinity of 35/37 Crest Road West on Thursday, March 4,2004 at 7:30 a.m. in lieu of conducting this review on February 5,2004. In response to Councilmember Pernell, Mr. Gobble explained the eight power outages that occurred in 2003 as stated in his status report dated January 26, 2003. He explained the amount of time that electrical services were interrupted during these outages. Councilmember Black arrived at 7:40 p.m. Mr. Gobble provided a brief overview of the report that he had given earlier regarding the status of the mitigation measures. Councilmembers and Mr. Gobble discussed the number of outages that occurred in the vicinity of 39 Crest Road West. In response to Councilmember Black, Mr. Gobble explained that he did not encounter any problems or interference when completing this work. Mr. Richard Colyear, 35 Crest Road West, commented on the electrical wires that became detached from the pole in the vicinity of his home and the report of electrical outages prepared by Mr. Gobble. He stated that he feels that this report was not comparable to the situation that occurs in his neighborhood. Mr. Colyear also commented on a list of questions that he had submitted for response by Edison on January 15, 2004. He inquired as to the status of the answers to these questions. In response to Councilmember Black, Mr. Colyear stated that he observed the work being done from a distance. Mayor Hill suggested that Mr. Gobble and Mr. Colyear discuss the matter of the questions submitted by Mr. Colyear privately. RESOLUTTON NO. 948: A RESOLUTTON OF THE CTTY COUNCIL OF TI� CITY OF ROLLING HILLS AFFIRMING THE DECISION OF TI� CITY MANAGER AND ORDERING TI�PERMANENT REMOVAL OF TWO DOGS FROM TI�CTTY. Minutes City Council Meeting 01/26/04 -2- City Manager Nealis presented the staff report and introduced Resolution No. 948. He indicated that this resolution memorializes the action of the City Council at their last meeting. � City Attorney Jenkins requested that Section 7 of the resolution be amended to add to the last sentence "by not later than February 2, 2004". Hearing no discussion, Mayor Hills called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 948, as amended. Councilmember Lay seconded the motion, which carried unanimously. CONSIDERATTON OF AMENDMENT TO THE CIVIC CENTER LANDSCAPE MAINTENANCE CONTRACT. City Manager Nealis presented the staff report indicating that the City Council continued consideration of this subject to this evening's meeting so that staff could negotiate this proposal further. He reported that the contractor has indicated that they cannot change the cost of$930 per month for 2004 but they have agreed to maintain that price for 24 months. Councilmember Black commented on the contractors labor summary for 2003, especially for August and September, 2004. In response, City Manager Nealis explained that some months of the year have higher landscaping demands. He explained that the contractor performs from time to time extra work and that this work is compensated separately from the monthly service. He indicated that an example of this extra work would be irrigation repairs. In response to Councilmember Black, Mr. Steve Rogers, G.S. Brothers Manager, explained that labor hours for all crews are tracked and indicated that he feels that the numbers in the labor summary are accurate. He explained that in addition to the regular maintenance crew that they employ a maintenance crew and technician and a licensed spray technician who are added into the time as well and supervisorial time is also added in. He indicated that August and September are peak months for landscaping and that at this time major trimming and other extra work is performed. He indicated that the hours for August and September are part of the regular scope of service provided for the monthly fee. Councilmember Black requested a copy of the extra items that were provided and were billed separately. Mayor Hill suggested that this item be continued to allow the contractor to respond to questions by the City Council. Mr. Rogers indicated that they would provide any information that the Council wishes. Councilmember Pernell commented on the monthly budgeted labor hours contained in the labor summary for 2003. Mr. Rogers explained that since G.S. Brothers started work in Rolling Hills in 1994 that the plants have grown and matured and now require more maintenance. Councilmember Pernell also commented on the minimal fee increases that occurred over the years and expressed concern for the current proposed increase from $600 to $930 per month. Mr. Rogers explained that their prices have not kept pace with the amount of work done in Rolling Hills. He stated that he feels that they have not increased their prices incrementally as the should have since 1994. He stated that the company has always strived to maintain stable pricing. Mr. Rogers further explained the labor intensive nature of landscape work and the rising costs of worker's compensation insurance. Councilmembers discussed the increase and the labor summary for 2003. In response to Councilmember Lay, Mr. Rogers indicated that he feels that the labor hours would remain the same for 2003. Ms. Suzanne Spitsen, G.S. Brothers Customer Service Manager, stated that changes have occurred in the company to help control some of the costs and schedules for the company and to bring their costs more in line with the actual work performed. Councilmember Lay expressed concern that it appeared that costs would increase dramatically if the monthly labor hours for the 2004 contract are not adjusted. Further discussion ensued regarding the budgeted labor hours for 2003 and comments regarding the increase to $930 per month. Mayor Pro Tem Heinsheimer commented on the level of service that the contractor provides and indicated that costs may be considerably higher if the City went to bid for this service. Councilmember Lay stated that he would like to see a basis for the new cost as it relates to the labor hours budgeted for 2004 because given the information under review, it appeared that the contractor could not provide the same level of service to the City in 2004 without losing money unless the fee was substantially higher. After further discussion, this item was continued to the next meeting of the City Council to be held on Monday, February 9, 2004. The contractor was directed to work with staff to provide information regarding their planned monthly level of service for the proposed contract and information about extra work performed beyond the contract during the past year. Minutes City Council Meeting 01/26/04 -3- NEW BUSINESS None. OPEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME Mr. Richard Colyear, 35 Crest Road West, commented on his discussion with Mr. Gobble regarding the questions he had submitted for response by Edison. Mayor Pro Tem Heinsheimer suggested that these questions may be answered during the field review. MATTERS FROM MEMBERS OF THE CITY COUNCIL REPORT FROM CITY COUNCIL EMERGENCY SERVICES/DISASTER PREPAREDNESS SUBCOMNIlTTEE. Mayor Hill reported that he had heard many positive comments from the community regarding the Subcommittee's and Fire Department's presentation at the RHCA Annual meeting and he thanked the Subcommittee for their efforts. Councilmember Pernell indicated that he feels that further review, perhaps by the Planning Commission, of the issues of building code regulations and landscaping related to fire safety should take place. Mayor Pro Tem Heinsheimer commented on the City's and Community Associatiori s jurisdiction over the various components of the fire safety concepts presented by the Subcommittee. He suggested that the Subcommittee provide a report regarding these various concepts and the entity that should review them. Mayor Hill commented on the review of fire safety issues related to building codes and architectural features that were reviewed a number of years ago. Mayor Hill stated that he feels that the City Council should meet with the Planning Commission to discuss these issues. Further discussion ensued regarding the process to consider amending regulations relating to fire safety. Discussion ensued regarding the level of review and the entities involved in the various components of the fire safety concepts. City Manager Nealis indicated that staff could prepare a report for the Subcommittee to review on what direction came out of their research. Councilmember Black stated that he feels that the City would be not be in a position to adopt a change in building codes because the Fire Chief had indicated that it would be significantly difficult and that it would make significant changes to architecture. Mayor Hill indicated that some of the building code and architectural changes may not be visible. He stated that residents should be encouraged to retrofit existing structures that are not fire safe. Mayor Hill suggested that other fire safety measures can also be taken such as automatic gas shut off valves and pool pumps. Councilmember Lay stated that one of the concepts of the Subcommittee was an education process for the City. He also stated that he is not prepared to change the building codes to conform to a perfect fire safety environment and expressed concern about the impact of changes xelating to fire safety on the architecture of the community. Councilmembers discussed the brush clearance standards in Rolling Hills as well as wood shake roofs. Following discussion, City Manager Nealis explained that he would prepare a report for the Subcommittee's review, which can ultimately be presented to the City Council. Mayor Pro Tem Heinsheimer suggested that staff obtain a copy of the PowerPoint presentation presented at the RHCA Annual meeting for various community groups to view. Councilmember Pernell commended the Fire Department personnel involved with this project. Mayor Hill indicated that he had forwarded correspondence to the Fire Department commending them for their efforts. Following discussion, the Subcommittee was directed to prepare a report outlining any potential amendments to building, zoning, and brush clearance regulations relative to fire safety with comments as to the appropriate reviewing group that could study these concepts. Councilmember Pernell reported that he and Mayor Hill will be attending the Rancho Del Mar High School Model School Recognition on Tuesday,January 27, 2004. Minutes City Council Meeting 01/26/04 -4- Councilmember Black commented on a recent report of a small fire caused by electrical lines on Pine Tree Lane. City Manager Nealis explained that Edison is still investigating this situation as well as the matter of the status of the undergrounding of utilities in the area. City Manager Nealis also reported on the source of paint that appeared on pine trees in the area. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY 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. No closed session was held. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:40 p.m. in memory of long time Rolling Hills resident Elizabeth Hix. The meeting was adjourned to the next regular meeting of the City Council to be held on Monday, February 9, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills,California. Respectfully submitted, ��.Plt/�� Marilyn Ke Deputy City Clerk Appro d, � , Frank E. Hill Mayor Minutes City Council Meeting 01/26/04 -5-