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1/14/2008 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JANUARY 14, 2008 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, 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 - Regular Meeting of November 26, 2007. RECOMMENDATION: Approve as presented. b. Payment of Bills-December 10, 2007, December 24, 2007 and January 14, 2008. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of November 2007. RECOMMENDATION: Approve as presented. d. Correspondence from Southern California Edison Company regarding 2009 General Rate Case, A.07-11-011. RECOMMENDATION: Receive and file. e. Consideration of disposition of surplus property. RECOMMENDATION: Approve as presented. f. Consideration of Resolution No. 1029 supporting the West Basin Water District's campaign for water conservation entitled "It's Time to Get Serious." RECOMMENDATION: Approve as presented g. City Council Personnel Subcommittee Meeting Notes of November 26, 2007. RECOMMENDATION: Receive and file. h. Notice before the Public Utilities Commission (Petition of San Diego Gas & Electric Co. (U902 E) to Adopt, Amend, or Repeal a Regulation Pursuant to Pub. Util. Code � 1708.5), Petition No. 07-11-007. RECOMMENDATION: Receive and file. i. Consideration of Resolution No. 1030 authorizing the reallocation of maintenance and servicing funds generated by the Safe Neighborhood Parks Proposition of 1992 and 1996 to the City of Rolling Hills Estates and the City of Rancho Palos Verdes. RECOMMENDATION: Approve as presented j. Correspondence from Southern California Gas Company, Notice to Customers of Proposed Rate Increase — State Mandated Natural Gas Social Programs, Application No. A.07-12-006. RECOMMENDATION: Approve as presented. k. Allied Recycling Tonnage Report of October and November 2007. RECOMMENDATION: Receive and file. 1. Consideration of Resolution No. 1031 designating the persons charged with performing the duties of the Building Official, City Engineer and Traffic Engineer pursuant to the provisions of the Rolling Hills Municipal Code. RECOMMENDATION: Approve as presented Minutes City Council Meeting 01/14/08 -1- Councilmember Heinsheimer moved that the City Council approve the items on the Consent Calendar. Mayor Pro Tem Hill seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2007-21: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTTNG APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ABOVE GROUND DECK AT A SINGLE FAMILY RESIDENCE AT 2 PINE TREE LANE, IN ZONING CASE NO. 748 (LOT 96-2-RH), (RIETDYK). Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 748. Hearing no discussion, Mayor Black called for a motion. Councilmember Pernell moved that the City Council receive and file Resolution No. 2007-21. Councilmember Heinsheimer seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 1032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REPEALING RESOLUTION NO. 759 AND RESOLUTION NO. 771 AND PROVIDING FOR A DISASTER PREPAREDNESS COMMITTEE, PRESCRIBING TTS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES. City Manager Dahlerbruch presented the staff report providing background regarding the resolution to re-establish a Disaster Preparedness Committee and outlining the proposed membership, duties and responsibilities. He highlighted the proposed goals and objectives outlined in the Resolution. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1032. Councilmember Pernell seconded the motion. Discussion ensued regarding Section 4 of the resolution regarding the discontinuance of the Committee in December 2011. The City Manager explained that staff had included this clause because of the structure of the proposed membership of the Committee where Block Captains and CERT members may change from time to time during the term of the resolution. Councilmember Heinsheimer and Councilmember Pernell agreed that they would amend the motion to adopted Resolution No. 1032 as amended to reflect that the last sentence of Section 4 be revised to read "Upon expiration of the term, the Rolling Hills Disaster Preparedness Committee shall be reviewed by the City Council". The motion carried unanimously. CONSIDERATION OF ORDINANCE NO. 308-U: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2007 EDTTION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2007 EDTTION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2007 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2007 EDTTION; AND TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2007 EDITION; AND DECLARING THE URGENCY THEREOF. Minutes Ci Council Meeting 01�14/08 -2- City Manager Dahlerbruch presented the staff report providing background regarding Ordinance No. 308-U. Councilmembers discussed the necessity to adopt the ordinance in order to comply with state law. Hearing no further discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 308-U. Councilmember Pernell seconded the motion which carried unanimously. It was noted that if a project was already in process before adoption of the ordinance that it would continue under the code which the permit was issued. It was further noted that staff would return to the City Council at a later time to propose amendments that tailored elements of the Building Code to Rolling Hills. CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF ROLLING HILLS . AND WILLDAN FOR ENGINEERING SERVICES INCLUDING TRAFFIC ENGINEERING AND EXPEDITED PLAN REVIEW, PERMITTING AND INSPECTION PROCESS City Manager Dahlerbruch presented the staff report providing information regarding the agreement which will provide an option for residents to receive plan review, permitting and inspection services from Willdan or the County. He reported that Willdan has experience in these services in Rolling Hills Estates as well as other cities. He indicated that all references that he contacted were positive. Discussion ensued regarding fees and it was reported that a fee resolution would need to be considered by the City Council in the future. City Manager Dahlerbruch explained that a percentage of fees collected by Willdan would be remitted to the City and that this is also a practice of the County. It was noted that historically the costs with the County have been less than the fee for the City to cover its costs. The City Manager also explained for this expedited service, a 25% surcharge would be proposed to be collected by Willdan. Discussion ensued regarding the 25% surcharge proposed by Willdan. City Manager Dahlerbruch explained that the surcharge could be increased if the City Council desires. It was suggested that staff monitor the financial aspects of this agreement with Willdan and that the City Council could re-evaluate it in the future if needed. City Manager Dahlerbruch stated that the actual fees charged by Willdan would be the same as the County fees, however, with the 25% surcharge that Willdan may offer a faster turn-around. The City Manager was directed to provide quarterly financial updates to the City Council to monitor revenue and expenses. � Councilmembers discussed the two-year term of the agreement. It was explained that the City Council has an option to cancel the agreement within 60 days. The City Council also discussed the annual review clause and that adjustrnents or revisions could be made to the services or compensation. Comments were offered regarding verifying the quality and consistency of service between the County and Willdan. Mr. Stephen Widmayer and Mr. James Guerra, representing Willdan, explained that these services are interchangeable. They also explained that the plan correction forms used by Willdan are the same as the forms used by the County. Mr. Widmayer explained the process provided by Willdan and offered that they feel that the services offered by Willdan would be more efficient. It was explained that both the County and Willdan review plans to the same building codes. Comments were offered about the benefits of offering residents a choice between the County and Willdan for plan review, permitting, and inspection services. Hearing no further discussion, Mayor Black called for a motion. � Councilmember Lay moved that the City Council approve the agreement with Willdan for Engineering services. Mayor Pro Tem Hill seconded the motion which carried unanimously. Staff was directed to report on how the alternate service being provided by Willdan is progressing on a quarterly basis. Minutes City Council Meeting Ol/14/08 -3- CONSIDERATION OF RESOLUTION NO. 1033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ACCEPTING THE QUITCLAIM FROM THE COUNTY OF LOS ANGELES OF ITS TNTEREST IN PROPERTY LOCATED ON AND ALONG CREST ROAD IN THE CITY OF ROLLING HILLS City Manager Dahlerbruch presented the staff report providing background regarding the purchase of the property located along Crest Road. Hearing no discussion, Mayor Black called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1033. Mayor Pro Tem Hill seconded the motion which carried unanimously. Councilmembers commended and thanked staff for their efforts during this process. OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Lay reported that the Personnel Subcommittee is in the process of conducting interviews for candidates for the Planning Commission and Traffic Commission and that they will have a recommendation for consideration at the next City Council meeting. MATTERS FROM STAFF USE OF TRAILS IN THE CITY OF ROLLING HILLS ADJACENT TO THE PORTUGUESE BEND CANYON NATURE PRESERVE City Manager Dahlerbruch presented the staff report providing information regarding the Rancho Palos Verdes Public Use Master Plan recommendation for multi-purpose use of trails that access the trail system in the City of Rolling Hills. Comments were offered regarding the Municipal Code Section that prohibits bicycles on horseback riding trails. Kristen Raig, RHCA Manager, explained where these trails access the Rolling Hills trail system and she indicated that the RHCA would send correspondence to Rancho Palos Verdes expressing their concern regarding these trails. Following the discussion, staff was directed to prepare correspondence to the City of Rancho Palos Verdes explaining that the Itolling Hills Municipal Code prohibits the use of bicycles on the trails in the City. MATTERS FROM THE CITY AT"TORNEY The City Council recessed into closed session at 8:25 p.m. 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 Hi'lls, 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. Minutes City Council Meeting 01/14/08 -4- 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 8:40 p.m. the City Council reconvened in open session. City Attorney Jenkins reported that the City Council discussed Sheen case during closed session and that no reportable action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:40 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, January 28, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, ������ Marilyn Kern Deputy City Clerk Approved, — — --_� james Black � Mayor Minutes City Council Meeting 01/14/08 -5-