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4/23/2007MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 23, 2007 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Pernell, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: Lay (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. 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 April 9, 2007. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2007. RECOMMENDATION: Approve as presented. d. Tennis Facility Expenditures. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the consent calendar. Councilmember Pernell seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS UPDATE REGARDING 17/18 PORTUGUESE BEND ROAD. City Manager Dahlerbruch presented the staff report providing background regarding the subdivision required undergrounding of a pole behind 17 Portuguese Bend Road. He reported that after a previous presentation regarding this subject the City Council asked the representatives to return with more detailed information and a clearer explanation of what is being proposed and that the Council also asked staff to determine if there is any discretion on Southern California Edison's part in regards to whether or not the undergrounding must take place.' Minutes City Council Meeting 04/23/07 -1- Edison Company representatives Scott Gobble and Vince Cichoski, reported that they have been working to develop a plan for addressing the City's requirement for undergrounding the pole behind 17 Portuguese Bend Road. Mr. Gobble reported that a letter had been sent to neighboring property owners in regard to reconsidering a new easement for re-routed wires between 17 and 18 Portuguese Bend Road and proposed locating a ground -level transformer along Portuguese Bend Road. Mr. Gobble reported that two of the property owner's had responded to the letter and that he is working with them. He stated that he would continue to pursue the idea with the representatives of the third property owner. Mr. Gobble explained the timing of the next steps and the Edison costs relative to the funds in escrow for this project. Mr. Gobble and Mr. Chichoski explained an exhibit illustrating a three phased plan to complete the subdivision required undergrounding and additional undergrounding of other wires in the area. Mr. Ken Allen, private consultant representing the current and former property owners of 18 Portuguese Bend Road, reported that he has been working to underground the utilities that cross Portuguese Bend Road at 14 Portuguese Bend Road. Mr. Allen further explained the three phases proposed by Edison and the status of Phase 1 (his component). He also explained the Edison, Verizon, Cox Cable and Sprint costs for this phase as they relate to the funds in escrow to cover this project as outlined in his letter dated April 18, 2007 which was provided with the staff report. Mr. Allen indicated that the first phase could begin as soon as May 15, 2007. Mr. Allen also reported that a pole located at 14 Portuguese Bend Road may be removed when the property owner begins a remodel project at his home. In response to Councilmember's comments, Mr. Gobble and Mr. Cichoski explained the vaults that are proposed to be installed with the project as well as the various poles that would remain and be removed. They indicated that the RHCA has approved the proposed above ground facilities. Mr. Gobble also explained that Edison would not require an additional engineering advance from the City if the City is interested in pursuing Phase 2 and 3. Councilmembers commented on the challenges to undergrounding utilities that span over canyons. Mr. Chichoski explained the difficulties in maintaining and repairing electrical systems as they age. Discussion ensued regarding the subdivision required undergrounding at 17 Portuguese Bend Road. City Attorney Jenkins explained that the City cannot bind Southern California Edison to the undergrounding through the resolution but that the property owner of 17 Portuguese Bend Road is required to underground the pole on the property and that a change in this requirement would necessitate a change in the City Council approved subdivision resolution and the latest version of the subdivision improvement agreement. Regarding the question about the use of the escrow funds to complete Phase 2 and 3, the City Attorney indicated that the subdivision improvement agreement would need to be amended with the consent of the property owners in order to do this. Following discussion regarding the plans presented and other subdivision required underground requirements in the City, the City Council concurred that Phase 1 of the undergrounding project be started. Staff was directed to work with Edison to complete construction plans and cost estimates for Phase 2 and 3 and work with the City Attorney to determine what the City can do to affect the Phase 2 and Phase 3 projects as they relate to the underground requirements of the subdivision and the agreement between the City and the. property owners and report back to the City Council. NEW BUSINESS CONSIDERATION OF APPROVAL OF NUISANCE ABATEMENT COSTS, LETTER DATED APRIL 3, 2007 FOR ABATEMENT OF A DECLARED PUBLIC NUISANCE ON A PROPERTY AT 1 POPPY TRAIL. City Manager Dahlerbruch presented the staff report providing background regarding this matter. It was noted that the property owner had been noticed via regular and certified mail about this evening's consideration of this matter and that neither the property owner nor his representative were in attendance at the meeting. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council approve the nuisance abatement costs. Mayor Pro Tem Hi11 seconded the motion which carried unanimously. Minutes City Council Meeting 04/23/07 -2- APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND LANDMARKIT FOR COMPUTER AND TECHNOLOGY MAINTENANCE AND SUPPORT City Manager Dahlerbruch presented the staff report providing background regarding this matter. Hearing no discussion, Mayor Black called for a motion Mayor Pro Tem Hill moved that the City Council approve the agreement with LandmarkIT for computer and technology maintenance and support. Councilmember Heinsheimer seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME .None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Black commented on SB 303. Staff was directed to prepare strategies for the City to address this and similar legislation. Mayor Black commented on the dry winter and concerns about the upcoming fire season. He also commented on the LA County Fire Department weed abatement requirements and inspection process. Staff was directed prepare an item regarding fire safety for discussion at an upcoming City Council meeting. Mayor Black announced that he would be reviewing the City Council committee assignments. He stated that he would like to form an Ad Hoc Subcommittee to review the process for Commission appointments. Staff was directed to place an item on an upcoming agenda for consideration of appointing an Ad Hoc Subcommittee for this purpose. MATTERS FROM STAFF ALTERNATE DATE FOR MAY 28 (MEMORIAL DAY HOLIDAY) CITY COUNCIL MEETING. Following review of schedules, Councilmembers concurred that the regular meeting scheduled for May 28, 2007 be canceled. RHCA REQUEST FOR REIMBURSEMENT REGARDING ACCESS CONSTRUCTION EXPENSES. City Manager Dahlerbruch presented the staff report providing background regarding the matter. Mr. Ray Ferris, RHCA Board Member, provided a few brief comments regarding the expenses. Hearing no further discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council approve the request for reimbursement. Mayor Pro Tem Hill seconded the motion which carried unanimously. City Manager Dahlerbruch reported on a small portion of property located on Crenshaw Blvd. near Silver Spur Road that has been determined to be within the City of Rolling Hills. He stated that staff would be pursuing the annexation of this portion of property to the City of Rolling Hills Estates. No objections were expressed. City Manager Dahlerbruch reported that he and Planning Director Schwartz attended a recent meeting of the RHCA Architectural Committee. He stated that the topic of discussion was the City lighting ordinance. He also reported that he, Planning Director Yolanta Schwartz and the RHCA Manager attend a recent meeting with the Palos Verdes Peninsula Board of Realtors. City Manager Dahlerbruch reported that the City's striping contractor would be in the City on April 24, 2007 to paint the crosswalks at the main gate and complete the striping approved for the corner of Eastfield Drive and Crest Road and for Middleridge Lane South. City Manager Dahlerbruch reminded those Council Members who have not already done so to provide their two sentence statement on what Rolling Hills means to them for the Women's Minutes City Council Meeting 04/23/07 -3- Community Club to incorporate into their plans for the decorations for the 50`h Anniversary Celebration. At 8:45 a.m., the City Council adjourned to a closed session. 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. G.C. 54956.9(a) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. Conference with Real Property Negotiator Government Code Section 54956.8 Property Address: Los Angeles Assessors Parcel # 7574-020-900 City Negotiator: City Manager Negotiating Parties: County of Los Angeles Under Negotiation: Price and Terms of Payment At 8:50 the City Council reconvened in open session. City Attorney Jenkins reported that the Hassoldt litigation was discussed and that no reportable action was taken in closed session. Councilmember Heinsheimer reported that he would not be in attendance at the first City Council meeting in May. He also reported that he had provided the video taped introduction to the interviews conducted by Maureen Nunn to be exhibited at the 50'h Anniversary Celebration. ADIOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:51 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 14, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Appr ed, James ack Mayor Minutes City Council Meeting 04/23/07 Respectfully submitted, Marilyn Ke Deputy City Clerk -4- 1 1 1