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11/26/2007MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 26;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 7:35 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Lay, Pernell, 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. 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 October 9, 2007, (2) Regular Meeting of October 22, 2007 and (3) Adjourned Regular Meeting of November 13, 2007. RECOMMENDATION: Approve as presented. b. Payment of Bills November 12, 2007 and November 26, 2007. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of October, 2007. RECOMMENDATION: Approve as presented. d. Meeting Notes - Personnel Subcommittee Meeting of October 22, 2007. RECOMMENDATION: Receive and file. e. Correspondence from California Water Service Company regarding changes in its tariff schedules sent to the California Public Utilities Commission. RECOMMENDATION: Receive and file. f. Consideration of Professional Services Agreement with Willdan for preparation of building code amendments. RECOMMENDATION: Approve as presented. g. 2008 City Managers Department Meeting. RECOMMENDATION: Approve as presented. h. Correspondence from Cox Communications regarding additions to their channel lineup. RECOMMENDATION: Receive and file. i. Correspondence from Cox Communications regarding changes to the High Definition Tier effective December 17, 2007. RECOMMENDATION: Receive and file. j. Acceptance of a gift to the City of a Cannon Copier. RECOMMENDATION: Receive and file. k. Correspondence from Cox Communications regarding an addition to the channel lineup effective December 18, 2007. . RECOMMENDATION: Receive and file. 1. Status report on TMDL for trash and nutrients into Machado Lake. RECOMMENDATION: Receive and file. City Manager Dahlerbruch reported that the wrong agreement had been attached to the staff report for item 3-f and that the correct agreement with Willdan for the preparation of building code amendments has been placed before the Council. Minutes City Council Meeting 11/26/07 -1- Councilmember Lay moved that the City Council approve the items on the Consent Calendar. Mayor Pro Tem Hill seconded the motion. Following an explanation from the City Manager regarding the number of conferences that are available for the City Manager to attend, the motion carried unanimously. The City Manager was asked to provide a list of conferences attended annually. SPECIAL PRESENTATION Introduction of new Assistant Fire Chief Robert Valdillez Assistant Fire Chief Robert Valdillez was introduced to the City Council. Chief Valdillez provided an overview of the draft Fire Hazard Severity Zone map and other matters related to fire safety in the community. PLANNING COMMISSION ITEMS RESOLUTION NO. 2007-18. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIRES GRADING AND A VARIANCE TO LOCATE THE STABLE AND CORRAL IN THE FRONT YARD AREA IN ZONING CASE NO. 727 REVISED, AT 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH), (CHO) Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding property and Planning Commission action relative to Zoning Case No. 727. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2007-18. Councilmember Pernell seconded the motion which carried unanimously. RESOLUTION NO. 2007-19. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, WHICH WOULD ENCROACH INTO THE FRONT AND SIDE SETBACKS AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 737, AT 9 CABALLEROS ROAD, (LOT 27 -SF), (SCARBORO) Councilmember Lay stated that he would abstain from consideration of Zoning Case No. 373 due to the proximity of his residence to the subject property and left the chambers. Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding property and Planning Commission action relative to Zoning Case No. 737. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2007-19. Councilmember Pernell seconded the motion which carried unanimously. Councilmember Lay rejoined the Council in the chambers. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued ZONING CASE NO. 745, REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY RESIDENCE AT 40 EASTFIELD DRIVE, (LOT 91 -EF), ROLLING HILLS, CA. (TONSICH) Planning Director Schwartz reviewed all aspects of the case with Councilmembers and indicated that the applicant's architect submitted plans showing the side view and cross sections as requested by Councilmember Lay. Hearing no discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 1028. Councilmember Heinsheimer seconded the motion which carried unanimously. Minutes City Council Meeting 11/26/07 -2- 1 it J 1 It was suggested that items 9 (Open Agenda),. 10-A (Disaster Preparedness Committee Recommendations) and 10-B (Tree and Brush Clearance) be considered at this time. Hearing no objection, Mayor Black so ordered. OPEN AGENDA - APPROXIMATELY 8:00'P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL DISASTER PREPAREDNESS COMMITTEE RECOMMENDATIONS City Manager Dahlerbruch presented the staff report outlining the recommendations of the City Council Disaster Preparedness Subcommittee relative to the proposed Disaster Preparedness Committee Goals and Objectives, the membership of the Committee and a schedule for the formulation of the Disaster Preparedness Committee. Councilmembers discussed the proposed goals and objectives and the proposed membership of the Committee and concurred with the City Council Subcommittee recommendations outlined in the staff report. During discussion of the schedule, the City Council concurred that the process could begin in January rather than mid-December. Discussion ensued regarding the RHCA Gate Guards being trained and providing assistance during a disaster. It was suggested that the Committee evaluate the chain of command of individuals involved in an emergency response. Councilmember Lay moved that the City Council direct staff to proceed - with the recommendations regarding the proposed Disaster Preparedness Committee Goals and Objectives, the membership of the Committee and a modified schedule for the formulation of the Disaster Preparedness Committee. Councilmember Heinsheimer seconded the motion which carried unanimously. TREE AND BRUSH CLEARANCE City Manager Dahlerbruch presented the staff report outlining information regarding current sections in the Municipal Code related to landscaping and the Fire Department's required brush clearance standards. He indicated that the City Council Disaster Preparedness Subcommittee had expressed concerns about pursuing the creation of a Community Wildfire Protection Plan as outlined in the staff report. He also reported that the Fire Safe Council mentioned in the staff report could be incorporated into the City's existing Disaster Preparedness Committee. Discussion ensued regarding the Fire Departments brush clearance standards and whether the Department would enforce clearance beyond the 100 ft. clearance radius. Comments were offered regarding having the City's ordinance regarding the clearance radius be more restrictive. Assistant Fire Chief Valdillez indicated that the Department would enforce a more restrictive clearance radius and it was noted that the Department has the discretion to require clearance for a 200 ft. radius in some circumstances. It was noted that there are numerous dead trees in the City and the Department indicated that in some circumstances they would require that they be removed as well. Discussion ensued regarding the uniqueness and configuration properties in Rolling Hills and the fact that some clearance standards may involve someone else's property. Deputy Forrester J. Lopez explained that residents would be required to clear vegetation on a neighbor's property if a structure on their property triggers clearance on the neighboring property. Concerns were expressed regarding trees that had been planted in the easements in the past and whether they would pose a fire danger. Deputy Forrester Lopez explained that a plan and evaluation of the City, which may include easement trees has been discussed with the City Manager. He also explained a proposed fuel modification plan review process that would require a developer to submit a landscape plan which would be monitored by the Department for 5 -years. He explained the concept of a Community Wildfire Protection Plan and a Fire Safe Council. The importance of educating residents regarding what they should do on their properties to be fire safe was discussed. Comments were offered regarding the RHCA's jurisdiction over roadside easement and peripheral easement trees. Minutes City Council Meeting 11/26/07 -3- Further discussion ensued regarding the Fire Departments enforcement of the City's codes relative to fire safety and the possible enforcement of more restrictive ordinances should the City decide to amend the code. Following the discussion, the City Council recommended that the Disaster Preparedness Committee further study this matter provide recommendations to the Planning Commission for possible additions and amendments to the Municipal Code related to fire safety. Councilmember Lay commented on the Fire Hazard Severity Zone draft map. The City Council supported the idea suggested by the Fire Department that the City Council consider the entire City be in the highest category. It was suggested that staff convey this to the Fire Department. The City Council asked staff to provide them with information regarding the criteria for how the highest category was determined as well as the building standards that go along with it. Mayor Pro Tem Hill commented on Rolling Hills Estates' investigation into using a county landfill located in Rolling Hills Estates as a composting site. Councilmember Heinsheimer suggested that staff review and report on the possible conflict between a mature natural vegetation zone imposed on a previous subdivision by the Planning Commission and the Fire Departments weed clearance standards. OLD BUSINESS None. NEW BUSINESS LOW PRESSURE SEWER SYSTEM FEASIBILITY STUDY City Manager Dahlerbruch presented the staff report providing background regarding the City Council's previous study and actions relative to a low pressure sewer system. He offered comments regarding the proposal submitted by Willdan. Councilmember Lay moved that the City Council approve a professional services agreement with Willdan Associates for the completion of a feasibility study that evaluates the construction, maintenance, and financing of a low pressure sewer system in the City of Rolling Hills and the specific location for a pilot project. Mayor Pro Tem Hill seconded the motion. It was noted that Willdan has a longstanding relationship and experience with the City and that in the interest of expediency the city should retain Willdan's services for this project. Following the discussion, the motion carried unanimously. GOING "GREEN" City Manager Dahlerbruch presented the staff report outlining going green programs that are available and information regarding what other cities are doing in regard to this subject. Discussion ensued regarding the programs outlined in the information provided by staff. Comments were offered regarding the carbon footprint the City is leaving on the environment due to the nature of the City. Comments were offered regarding the use of geothermal energy in large homes. It was suggested that the Wildlife Preservation Committee could expand their scope to study these matters in the future. Councilmembers expressed support for the issue of going green and suggested that staff should continue to research what types of programs are available, monitor what other cities are doing regarding going green, have information available for residents to educate them about green programs including alternative types of energy such as geothermal and windmills and, keep the City Council informed. WILDLIFE PRESERVATION COMMITTEE UPDATE AND NEXT STEPS City Manager Dahlerbruch presented the staff report providing background information regarding the formation of the Wildlife Preservation Committee and discussions being conducted at recent meetings of the Committee regarding their organizational structure, goals and objectives. He commented on an email provided by the Committee Chair addressing the Minutes City Council Meeting 11/26/07 -4- future of the Committee and indicated that the email was delivered after the agenda had been posted and materials had been distributed to the City Council. City Manager Dahlerbruch reported that at the last meeting of the Committee they decided that members should submit to the City their thoughts on what the goals and objectives of the Committee should be and they appointed a subcommittee to review the submittals. The submittals will be reported to the Committee at a meeting in February. He also reported that four Committee Member's terms expire in January. Following brief discussion regarding the current mission of the Committee and possible subjects they could consider in the future, the City Council recommended that the existing Wildlife Preservation Committee continue to study their charter and formulate goals and objectives, which would include on-going financial support in the City's fiscal year budget. The Council also recommended that the four members whose terms expire in January 2008 be extended until they are either re -appointed or replaced through the appointment process. MATTERS FROM STAFF INVITATION FOR CITY INFORMATION AND PRESENTATION AT RHCA MEETING ON JANUARY 16, 2008 City Manager Dahlerbruch reported that the Rolling Hills Community Association has invited the City to provide information at their annual meeting. He reported that staff would make available 50"' Anniversary mugs and DVD's at the meeting. He also reported that the photographs taken at the 50th Anniversary would be displayed as residents arrive at the meeting. Following discussion regarding the subjects that could be addressed that the annual meeting, the City Council suggested that staff provide a no more than ten minute report regarding underground utilities, the low pressure sewer system feasibility study, tree and brush clearance as well as other fire safety matters and the exterior lighting ordinance at the RHCA Annual meeting. PROPOSED ALTERNATIVE PLAN REVIEW PROCESS (ORAL) The City Manager updated the City Council regarding the concept of and a proposal for an alternative plan review process. Discussion ensued regarding the costs associated with reviewing plans and the percentage amount of those costs that are remitted back to the City. It was suggested that a County /Willdan test run project be initiated to determine if the outcome would be the same between the plan reviews. It was explained that the outcome should be the same because the projects would be reviewed using the same standards and building codes. Concerns were expressed about conducting such an experiment due to the complexities involved. It was noted that it would be a benefit to residents to have a choice between two plan review services. Councilmembers supported the discussion of this topic and a potential agreement with Willdan to provide this service. Staff stated that a recommendation will be proposed to the City Council at its meeting of January 14, 2008 City Council Meeting. It was suggested that staff evaluate County of Los Angeles, Building and Safety costs and remittance to the City in comparison to the remittance the City would receive from Willdan. Staff was asked to ascertain whether Willdan fees in general are competitive in relation to other engineering firms as a project next year. UNDERGROUNDING UPDATE City Manager Dahlerbruch presented the staff report providing background regarding the neighborhoods who have come to the City expressing a desire to underground their utilities and the City's attempt to educated them on the process and costs associated with an underground project. He said that some interest has been expressed for revisiting a citywide underground utility project. Following discussion, the City Council concluded that it did not support a citywide undergrounding ballot measure recognizing that there would not be community wide support. Discussion ensued regarding Edison costs and whether there would be a process where a private contractor could be used instead of Edison. It was noted that such changes are being Minutes City Council Meeting 11/26/07 -5- addressed with the Public Utilities Commission. Following discussion regarding cost mechanisms to fund underground utility projects, Councilmembers concluded that smaller neighborhood underground projects would benefit the City. It was noted that assistance for estimated costs to residents could be funded from the City's Utility Fund. The City Council supported staff's efforts to investigate the use of a private contractor for undergrounding projects as opposed to Southern California Edison. City Manager Dahlerbruch reported that staff is continuing to work with County staff regarding the purchase of the Crest Road property. 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) 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 No closed session was held. ADTOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:55 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, December 10, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, James flack Mayor Minutes City Council Meeting 11/26/07 G----1 Respectfully submitted, Marilyn Ker Deputy City Clerk C� 1 1 1