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8/27/2007MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AUGUST 27, 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, 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. Nan Huang, Finance Director. Ewa Nikodem, Clerk Typist/ Receptionist. Sgt. David Rozas, 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 - Regular Meeting of July 23, 2007. RECOMMENDATION: Approve as presented. b. Payment of Bills August 13, 2006 and August 27, 2007. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of July, 2007. RECOMMENDATION: Approve as presented. d. Consideration of a date for the Annual Holiday Open House. RECOMMENDATION: Approve as presented. e. Correspondence from Cox Communications regarding additions to their channel lineup. RECOMMENDATION: Receive and file. f. Correspondence from Cox Communication regarding the music channel changes in line-up. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion. City Manager Dahlerbruch suggested that check No. 19382 in the amount of $46.34 be removed from the checklist. He explained that would eliminate the necessity to be reimbursed by the Los Angeles County Tax Collector. Following brief discussion, the motion carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS REPORT REGARDING TRAFFIC CONTROL MEASURES INITIATED AT THE CORNER OF CREST ROAD AND EASTFIELD DRIVE. City Manager Dahlerbruch presented the staff report and provided background regarding the Traffic Commission's recommendation regarding the traffic control measures at the corner of Crest Road and Eastfield Drive. Following brief discussion the City Council unanimously approved the report and ordered to receive and file the report. Minutes City Council Meeting 08/27/07 -1- CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FOR THE RELOCATION OF THE CURVE DELINEATORS AT 44 EASTFIELD DRIVE. City Manager Dahlerbruch presented the staff report and provided background regarding the Traffic Commission's recommendation to relocate 4 delineators along Eastfield Drive adjacent to 44 Eastfield Drive. He indicated that Traffic Engineer recommended to move the four delineators closer to the roadway and separate them by 25 -feet to provide additional parking between and behind the delineators. Following deliberation this item was held on the agenda to allow Councilmembers individual visits to the site to determine if additional parking space could be provided by relocating and spreading out the existing delineators. This matter will be considered at the next regular City Council meeting scheduled on Monday, September 10, ■ 2007. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO REQUEST FOR TRAFFIC SAFETY DEVICES AT THE CORNER OF EASTFIELD DRIVE AND HACKAMORE ROAD. City Manager Dahlerbruch presented the staff report and provided information regarding the intersection and Traffic Commission action relative to advance traffic signage at that intersection. Following discussion, Councilmember Heinsheimer moved to approve the Traffic Commission recommendation to install advance curve warning signs in each direction on Eastfield Drive before the intersection with Hackamore Road, to improve visibility of the curve, and to install a "T" intersection warning sign by 59 Eastfield Drive to clearly mark the intersection. Additionally, that the new traffic signs be mounted on the existing posts. Councilmember Lay seconded the motion, which carried unanimously. In response to Mayor Black and Councilmember Lay, Mayor Pro Tem Hill indicated that the advance curve warning signs would be installed on the same posts as the existing "Stop Ahead" signs in each direction on Eastfield Drive before Hackamore Road. Also, that no traffic signs would be mounted on a tree. Furthermore, Councilmembers discussed the possibility of RHCA trimming trees and bushes in the vicinity of the subject intersection to assure that all traffic signs are clearly visible. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION REGARDING AWARD OF FY 2007-08 CITY OF ROLLING HILLS CITYWIDE REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS PROJECT. City Manager Dahlerbruch presented the staff report and provided details about the process of soliciting bids and award of the project as well as the Traffic Commission's recommendation relative to award this project to Sudhakar Company International of West Covina, CA. Following brief discussion, Councilmember Heinsheimer moved to award the FY 2007-08 Citywide Traffic Striping and Pavement Marking Project to Sudhakar Company International in an amount not to exceed $39,514.28 of which a 1070 contingency for unexpected field conditions or change orders is included. Councilmember Pernell seconded the motion which carried unanimously. Councilmembers commented on the dramatic price increase in petroleum based products within the last two years. PUBLIC HEARINGS CONSIDERATION OF RESOLUTION NO. 1025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Planning Director Schwartz provided an overview of the mandated Congestion Management Program and she reported that adoption of Resolution No. 1025 would not alter any local programs or responsibilities of the City. Mayor Black announced the item and opened the Public Hearing. Hearing no discussion he closed the Public hearing and called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 1025, A Resolution of the City Council of the City of Rolling Hills, California, finding the City to be in conformance with the congestion management program (CMP) and adopting the CMP local development report, in accordance with California Government Code section 65089. Councilmember Pernell seconded the motion which carried unanimously. Minutes City Council Meeting 08/27/07 -2- OLD BUSINESS EXTERIOR LIGHTING. City Manager Dahlerbruch presented the staff report and provided details regarding the Lighting Ordinance and mentioned that the Ordinance was implemented in 2001. Mayor Black indicated that the RHCA permitted residents to install non -confirming exterior lighting fixtures in the past. In response to Mayor Black, City Manager Dahlerbruch explained that RHCA is currently working on correcting their architectural regulations to comply with the City's Municipal Code regulations. Councilmember Heinsheimer indicated that on future projects the RHCA could by architectural control and the City by its resources continue to work with the Community by educating on what hardware and style is available. He mentioned this is not only a public safety but also a quality of life issue. He suggested that staff have samples of acceptable outdoor lighting fixtures available at the 2008 RHCA annual meeting to show to the Community. Following further discussion and in response to Councilmember's suggestions to amend the Lighting Ordinance, City. Attorney Jenkins explained that to clearly describe the maximum At amount of light/lumens allowed to spilled out onto the roadway, this item would need to be remanded to the Planning Commission. The Commission would need to amend the Zoning Ordinance with a better definition of light, lumens and standard fixture specifications. He also indicated that if the modifications were to include a request to change all the existing non- conforming lighting fixtures in the City within a year of adoption, that could also be done by amending the Lighting Ordinance. Discussion ensued in regard to the modifications to the Lighting Ordinance. Councilmember Lay indicated that the City should have an Ordinance that the City could enforce. He stated that modifications should be made to the Ordinance to specify the exact maximum allowed wattage, lumens, non-reflecting light and proper downward lighting fixtures. Mr. Bertram Balch, 6 Hackamore Road, indicated that when he built his house there was no Lighting Ordinance or exterior lighting guidelines. He expressed that he feels that exterior lighting does not damage the environment and that some properties should be properly lighted at night for safety reasons. Mr. Balch strongly opposed modifications to the Lighting Ordinance to be too restrictive for proper safety. Councilmember Pernell stated that he noticed that at least one resident had already replaced entry post light fixture since Mr. Colyear sent a letter to residents informing them of the non- conforming fixtures. He thanked Mr. Richard Colyer, 35 Crest Road West, for sending the letter out. Following discussion and comments from audience, the City Council remanded this item to the Planning Commission and staff to revise the Lighting Ordinance pertaining to entry post lighting to specifically better define the amount of acceptable light and the means for measuring the light, whether in watts, lumens or both. To revise the Lighting Ordinance to grandfather existing light fixtures, potentially modify the wattage or lumens in all existing light fixtures as well as apply "downcast lighting" requirement to all new construction. Also, to recommend a time frame to allow residents to modify wattage or lumens. Staff was directed to acquire several acceptable fixtures to illustrate the range of light fixtures. The acceptable sample fixtures would be on display at the RHCA annual meeting. In addition, staff was directed to educate residents about the continuing dialogue. Mayor Black suggested that New Business Agenda Items be considered later on the agenda and that the Open Agenda Items be discussed at this time. Hearing no objection, he so ordered. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. NEW BUSINESS PLANNING COMMISSION AND TRAFFIC COMMISSION TERM LIMITS Minutes City Council Meeting 08/27/07 -3- (1) ORDINANCE NO. 305: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE (FIRST READING AND INTRODUCTION) (2) ORDINANCE NO. 306: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE ADVISORY TRAFFIC COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE (FIRST READING AND INTRODUCTION) City Manager Dahlerbruch provided background information regarding the City's reappointment process for Commissioners and indicated that the Ad Hoc Subcommittee recommended that the terms of Planning Commission and Traffic Commission be extended to four years. That will make all City Commission terms the same. Hearing no discussion Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 305 and No. 306. Councilmember Lay seconded the motion which carried unanimously. This item was continued to the next regular meeting of the City Council scheduled to be held on Monday, September 10, 2007 for consideration of second reading and adoption. CONSIDERATION OF SHERIFF'S DEPARTMENT REQUEST FOR $2,600.00 OF CLEEP FUNDS TOWARD THE PURCHASE OF TWO ATV 2007 POLARIS RANGER XP VEHICLES. City Manager Dahlerbruch presented the staff report. He provided background regarding the Los Angeles County Lomita Sheriff's Department proposal to purchase two 2007 Polaris Ranger All-Terrain-Velucles for the purpose of patrolling and emergency response on trails to allow Sheriff's personnel quicker access to difficult to reach areas and an ability to transport injured persons. City Manager Dal-lerbruch indicated that the Peninsula Regional Law Enforcement Committee voted in favor to recommend the purchase of two ATV vehicles for the Lomita Sheriff's Station. He also stated that the City of Rolling Hills' portion to purchase the two ATV vehicles is $2,600.00 and that CLEEP funding is available in the FY 2007/08 budget. In response to Councilmember Pernell, City Manager Dahlerbruch explained that the ATVs would not be utilized on the trails unless in an emergency, on a request of the Sheriff's Department or by request of the City. The Sheriff's Department may request to use the trails for training purposes. Sgt. David Rozas, LASD Lomita Station representative, announced that after the Poppy Trail land movement in 2005 it took the Sheriff's Department two days to get a 4x4 all -terrain - vehicle. No regular patrol vehicle could access the partially blocked roadway. Following discussion and explanation by Sgt. Rozas, Sheriff's Department representative, Councilmember Heinsheimer moved to approve spending CLEEP funds ($2,600) towards the Sheriff Department's acquisition of two ATVs with the condition that the off road vehicles not be used for routine patrol of the trails. Councilmember Lay seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF CITY COUNCIL COMMITTEE ASSIGNMENTS Following discussion, Councilmember Lay resigned from the Resident Disaster Preparedness Committee. Councilmember Pernell resigned from the City Council Emergency Services/ Disaster Preparedness Committee and suggested that Mayor Pro Tem Hill and Mayor Black be designated the City Council Emergency Services Committee liaisons and Resident Disaster Preparedness Committee representatives. UNDERGROUND UTILITY MEETING UPDATE (ORAL) Minutes City Council Meeting 08/27/07 -4- 1 City Manager Dahlerbruch provided an update on the Underground Utility Meeting held last week. He indicated that fifteen people representing ten different streets attended the meeting and one more resident inquired about undergrounding after the meeting. City Manager Dahlerbruch provided copies of the Low Pressure Sewer Study Group meeting agenda to be held Tuesday, August 28, 2007. Mayor Pro Tem Hill and Councilmember Heinsheimer indicated that they will be in attendance at that meeting. MATTERS FROM THE CITY ATTORNEY 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 8:55 p.m. the meeting was adjourned into closed session. At 9:43 p.m. the City Council reconvened in open session. The City Attorney announced that the City Council discussed the items on the close session agenda and no reportable action was taken in closed session. ADIOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:44 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, September 10, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. A rove James B6Jck Mayor Minutes City Council Meeting 08/27/07 Respectfully submitted, <�VW , vlcokw-'�' Ewa Nikodem Clerk Typist/ Receptionist -5-