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7/9/2007MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JULY 9, 2007 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Hill at 7:32 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Pernell, Lay, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, 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 - (1) Adjourned Regular Meeting of June 11, 2007 and (2) Regular Meeting of June 25, 2007. a RECOMMENDATION: Approve as presented b. Payment of Bills. RECOMMENDATION: Approve as presented C. City Council Personnel Subcommittee Meeting Notes of June 20, 2007. RECOMMENDATION: Receive and file d. City Council Ad Hoc Committee — Commission Reappointment Process Meeting Notes of June 20, 2007. RECOMMENDATION: Receive and file e. Correspondence from Southern California Edison Company regarding application for increase in electric revenues, A.07-06-008 filed with the Public Utilities Commission. RECOMMENDATION: Receive and file f. Correspondence from California Water Service Company regarding Advice Letter No. 1826 transmitting to the Public Utilities Commission for filing changes in its tariff schedules. RECOMMENDATION: Receive and file g. Correspondence from Southern California Gas Company regarding Application No. A.07-06-021 filed with the Public Utilities Commission to collect an approved incentive under the Gas Cost Incentive Mechanism (GCIM). RECOMMENDATION: Receive and file h. Correspondence from Cox Communications regarding channel changes. RECOMMENDATION: Receive and file Councilmember Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance. City Manager Dahlerbruch noted that an item had come to his attention after the City Council agenda had been posted and materials had been delivered to the Council. He stated that Councilmember Pernell is unable to attend the annual meeting of the California Joint Powers Insurance Authority and that he would like to add to the agenda the appointment of the City Manager as the voting delegate at this meeting. Minutes City Council Meeting 07/09/07 -1- Councilmember Lay moved that the City Council add the appointment of the City Manager as the voting delegate at the annual meeting of the California Joint Powers Insurance Authority to be held on July 18, 2007 to the agenda. Councilmember Heinsheimer seconded the motion which carried unanimously by those Councilmembers in attendance. Mayor Pro Tem Hill noted the arrival of Mayor Black. PLANNING COMMISSION ITEMS ZONING CASE NO. 743. RESOLUTION NO. 2007-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT TRELLISES ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT A SINGLE FAMILY RESIDENCE AT 3 EUCALYPTUS LANE, IN ZONING CASE NO. 743 (LOT 53-RH), (PIEPER) Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 743. Hearing no discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2007-09. Councilmember Heinsheimer seconded the motion which carried unanimously. ZONING CASE NO. 726. RESOLUTION NO. 2007-10. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING FOR STABLE AND CORRAL AND VARIANCES TO CONSTRUCT A STABLE AND CORRAL IN THE FRONT SETBACK, TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE AT 7 OUTRIDER ROAD, (LOT 79 -EF), IN ZONING CASE NO. 726 (PEDEN) Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 726. She provided a corrected development standards chart to the City Council. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2007-10. Councilmember Lay seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATION OF ASSIGNING AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FUNDS TO CITIES OF LOMITA AND RANCHO PALOS VERDES RESOLUTION NO. 1023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF LOMITA, REGARDING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FOR FISCAL YEARS 2005-06, 2006-07 AND 2007-08 RESOLUTION NO. 1024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF RANCHO PALOS VERDES REGARDING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FOR FISCAL YEARS 2005-06,2006-07 AND 2007-08 Planning Director Schwartz presented the staff report providing background regarding CDBG funds and the requests from the Cities of Lomita and Rancho Palos Verdes that these funds be Minutes City Council Meeting 07/09/07 -2- transferred to them for eligible projects in those cities. Mayor Black opened the public hearing and called for testimony. Hearing none and no discussion, he closed the public hearing and called for a motion. Mayor Pro Tem Hill moved that the City Council adopt Resolution Nos. 1023 and 1024 assigning 50% of the City's available CDBG funds to the City of Lomita and 507o to the City of Rancho Palos Verdes and authorize the City Manager to execute appropriate documents and agreements between the cities and the County of Los Angeles Community Development Commission. Councilmember Heinsheimer seconded the motion which carried unanimously. OLD BUSINESS LOW PRESSURE SEWER SYSTEM City Manager Dahlerbruch presented the staff report providing background regarding the low pressure sewer systems and outlining questions and considerations related to a possible pilot project, timing and other considerations in regard to the details involved in the potential construction of a sewer system. Discussion ensued regarding a pilot project on the City Hall campus and in the vicinity of City Hall. Support was expressed for a pilot project which would serve to layout the complete process for future efforts in other areas of the City. Councilmember Heinsheimer reported that he and a neighbor are considering a privately funded sewer system in the vicinity of Johns Canyon Road and that they would share the information gained from their experience with the City as well. Councilmembers discussed the costs associated with a sewer system and the availability of funds in the FY 07-08 Budget "utility fund" for possible support for engineering costs to study the feasibility of a sewer system for a pilot, privately funded or assessment district sewer project. It was discussed that the City may want to construct the main sewer line while individual homeowners would fund the hookup to their individual homes. It was suggested that the City also consider placing the lateral lines as well. It was also suggested that the City Council visit a site where this system is actually in use to see it in operation firsthand and to ask questions as to the workability and satisfaction level of the system. Comments were offered regarding the costs associated with a benefit district. It was noted that cost/ financing issues need to be studied further as well as issues related to a long term plans and private versus pilot versus assessment district projects need to be further studied. Mayor Black commented on the use and success of low-pressure sewer systems in Nebraska. Discussion ensued regarding possible legislation which may have an effect on septic tanks. Mr. Richard Colyear, 35 Crest Road West, commented on the small size pipes used in connection with this type of sewer system. Mr. Jeff Pieper, 3 Eucalyptus Lane, expressed that residents who have just recently built new homes with new costly septic systems may not be anxious to invest in another type of sewer system. Discussion took place regarding the ongoing cost of maintaining a septic system. Following the discussion the City Council established an ad hoc subcommittee consisting of Mayor Pro Tem Hill, Councilmember Tom Heinsheimer and resident Mr. Richard Colyear to work with staff to further investigate, study and evaluate all aspects of a pilot project for a low pressure sewer system for a report to the City Council in the future. It was noted that the subcommittee could present a proposal to the City Council if funds are needed to study the issue. NEW BUSINESS APPOINTMENT OF DELEGATE TO SOUTH BAY CITIES COUNCIL OF GOVERNMENTS City Manager Dahlerbruch presented the staff report and stated that on a day-to-day basis that he would act as the liaison to the SBCCOG. Councilmembers discussed that regular attendance at the SBCCOG meetings would not be necessary for the City but that if an issue of local importance became apparent that it would be good to have a representative. Council Minutes City Council Meeting 07/09/07 -3- member Lay noted that he currently serves as the alternate but that he would be willing to move into the delegate position. Councilmember Heinsheimer moved that the City Council appoint Councilmember Lay as the delegate to the SBCCOG. Mayor Pro Tem Hill seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Richard Colyear, 35 Crest Road West, commented on the City's enforcement of the exterior lighting ordinance. He reported that a complaint regarding his entry post lighting had been investigated by the City. He stated that enforcement should be the same for all and that he has established a committee of volunteers that will tour the city and provide a list of addresses that do not comply with this ordinance to the City and asked that records be kept as to what actions were taken to enforce the lighting ordinance at these properties. Mr. Colyear also commented on the flyer regarding lighting requirements that had been prepared by the City and indicated that the example shown on the flyer does not depict a compliant type of light. He provided a flyer regarding companies that manufacture lumen measuring devices. Mr. Jeff Pieper, 3 Eucalyptus Lane, commented on the lighting ordinance and suggested that the city advise residents of the existence of the ordinance and future enforcement efforts through the citywide newsletter. APPOINTMENT OF THE CITY MANAGER AS THE VOTING DELEGATE AT THE ANNUAL MEETING OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY TO BE HELD ON JULY 18, 2007 Councilmember Pernell reported that he is unable to attend the July 18, 2007 annual meeting of the CJPIA and moved that the City Council appoint the City Manager as the voting delegate at the annual meeting of the California Joint Powers Insurance Authority to be held on July 18, 2007. Mayor Pro Tem Hill seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL EXTERIOR ENTRY -POST LIGHTING Councilmember Heinsheimer commented on his proposal for enforcement of the lighting ordinance. He commented on the inconsistency between the City's lighting ordinance and the policy of RHCA Architectural Committee. He indicated that in going forward, the City and RHCA have been in communication regarding this inconsistency. City Manager Dahlerbruch stated that the RHCA Architectural Committee has indicated that they would be changing their regulations to only allow downcast lighting. Discussion ensued regarding enforcement of the lighting ordinance. It was suggested that the City move forward in a discrete, cooperative and constructive manner of enforcement. It was also suggested that lumens as a measurable unit would be a very important in the enforcement of the ordinance. Discussion ensued regarding educating residents about the ordinance. It was suggested that a presentation be made at the RHCA Annual meeting regarding the ordinance and providing examples of proper lighting. City Manager Dahlerbruch provided a copy of the lighting ordinance flyer that had been revised to depict a proper example. During discussion, Councilmembers suggested that staff send a letter to all residents reminding them of the exterior lighting ordinance, advising them that the City would be enforcing this ordinance and provide them with a copy of the revised flyer. It was suggested that in moving forward that staff report to the City Council on the efforts to educate residents regarding the ordinance and on any future enforcement efforts. STATUS OF RECRUITMENT TO FILL PLANNING COMMISSION VACANCY (ORAL) Councilmember Lay reported that the Personnel Subcommittee had interviewed six excellent candidates and that the Subcommittee would meet again to consider a recommendation to the Council at their meeting of July 23, 2007. Minutes City Council Meeting 07/09/07 -4- Councilmember Lay reported on the successful fundraiser held by the Women's Community Club on July 7, 2007. Councilmember Heinsheimer reported' that the ' Commission Reappointment Ad Hoc Subcommittee had met earlier in the evening and that they will be presenting a recommendation that all terms for the City's committees and commissions be 4 -year terms at a future City Council meeting and that at the end of the terms that there would be an open recruitment process for reappointment. MATTERS FROM STAFF LEGISLATIVE POLICY There being no objection, this item was held on the agenda. City Manager Dahlerbruch reported that the City had received four phone calls in response to the newsletter article regarding underground utilities. He also drew the Council Member's attention to the information from the Los Angeles County Fire Department to be sent to residents regarding fire danger. City Manager Dahlerbruch indicated that staff would be proposing the cancellation of the August 13, 2007 meeting of the City Council since there is a lack of agenda items. He reported that he would also be out of town for that meeting. Council Member Lay reported that he would also be out of town on August 13, 2007. At 8:30 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 Public Employment Government Code Section 54957 City Manager Performance Evaluation At 8:45 p.m., the City Attorney reported that the City Council discussed the Hassoldt litigation and the Council had approved. the settlement agreement in closed session. He also reported that the City Council discussed the Sheen/Jonas/Freeman litigation and reported that no reportable action was taken in closed session related to this litigation. Minutes City Council Meeting 07/09/07 -5- ADTOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:45 p.m. in memory of Evie Hankins and he commented on the numerous hours she donated to the City as a Planning Commissioner and on her dedication to the City. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, July 23, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, MI-AAk � ern Marilyn K Deputy City Clerk Approved, Jameslack Mayo Minutes City Council Meeting 07/09/07 1