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3/10/2008MINUTES OF A REGULAR MEETING OF THE . CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 10, 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. 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 February 11, 2008 RECOMMENDATION: Approve as presented b. Payment of Bills February 25, 2008 and March 10, 2008 RECOMMENDATION: Approve as presented C. Financial Statement for the month of January 2008 RECOMMENDATION: Approve as presented d. Annual Financial Audit RECOMMENDATION: Approve as presented e. Correspondence from County Sanitation Districts of Los Angeles regarding Clearwater Program Master Facilities Plan RECOMMENDATION: Receive and file f. Southern California Gas Company notice of proposed rate increase, Biennial Cost Allocating Proceeding, Application No. A.08-02-001 filed with the Public Utilities Commission RECOMMENDATION: Receive and file g. Allied Recycling Tonnage Report for January 2008 RECOMMENDATION: Receive and file h. Wildlife Preservation Committee / City Council Liaison Meeting Notes - February 19, 2008 RECOMMENDATION: Receive and file Councilmember Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously. CITY COUNCIL REORGANIZATION, Mayor Black nominated Mayor Pro Tem Hill to serve as Mayor for 2008-09. Councilmember Lay seconded the nomination which carried unanimously. PRESENTATION TO MAYOR TAMES BLACK RECOGNIZING OUTSTANDING SERVICE. DURING 2007-2008 TERM AS MAYOR Mayor Hill presented Councilmember Black with a plaque and watercolor painting of the Women's Club View Site on Crest Road and thanked him for his service as Mayor during 2007- 08. Minutes City Council Agenda 03/10/08 -1- COMMENTS FROM 2007-2008 MAYOR TAMES BLACK Councilmember Black thanked the citizens of Rolling Hills, the City Council and staff for their help and support during his term as Mayor. He commented on the many accomplishments of the City Council during the year and stated that he looks forward to serving the residents of Rolling Hills in the future. COMMENTS FROM 2008-2009 MAYOR Mayor Hill stated that he looks forward to serving as Mayor for 2008-09. Mayor Hill nominated Councilmember Heinsheimer to serve as Mayor Pro Tem for 2008-09. Lay seconded the nomination which carried unanimously. Recess for Reception At 7:35 pm the meeting was recessed for a reception. The meeting was reconvened at 7:45 pm. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued ORDINANCE NO. 309. CONSIDERATION OF AN ORDINANCE TO MODIFY OUTDOOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE City Manager Dahlerbtuch provided background regarding Ordinance No. 309 noting that the City Council had suggested modifications. Planning Director Schwartz summarized the modifications from the version of the ordinance reviewed by the City Councif at their meeting of February 11, 2008. Mayor Hill opened the'public hearing and called for testimony. Mr. Bill Rogers, Chairman of the RHCA Architectural Committee, commented on the recommendations as stated in the Committee's letter dated February 21, 2008 that was included with the staff materials presented to the City Council and further explained their recommendations regarding entry lights and patio lights. He also discussed the issue of timers versus manually switched lights. Dr. Lynn Gill, 31 Chuckwagon Road, commented on his partiality to the darkness of the City at nighttime. He indicated that entry post lighting may be placed at the'foot of a driveway and that it might be in an easement. He suggested that language be added that entry post lighting may be placed at the foot of a driveway outside of the easement. Mr. Bill Rogers, Chairman of the RHCA Architectural Committee explained the process used by the RHCA to issue license agreements to residents who may plan a entry post or pilaster in the easements. He commented on the reference that light shall be cast downward and suggested that language be added that light shall be cast downward below the fixture. Dr. Mark Minkes, 44 Chuckwagon Road, expressed his support for the serenity and beauty of the City during times of darkness. He indicated that he is concerned regarding the suggested wattage in the ordinance. He noted that the uncovered windows of homes might also be a source of light pollution. Dr. Minkes stated that many homes in Rolling Hills and other cities have landscape lighting and indicated that he is concerned about the affect that the ordinance will have on this type of lighting. Mr. Burt Balch, 6 Hackamo.re Road, stated that residents should be able to request an audit of the lighting at their homes prior to the adoption of the proposed ordinance to determine how their properties will be affected. Discussion ensued regarding Mr. Balch's concerns. Comments were offered regarding the grandfathering and special circumstances elements in the proposed ordinance. ' _ It` was suggested that staff meet with Mr. Balch and survey the lighting on "his property as it relates to the ordinance. Minutes City Council Agenda 03/10/08 -2- Richard Colyear, 35 Crest Road West, commented on the grandfathering provision in the proposed ordinance and the use of the language of cast light upwards. Mr. Colyear referred to correspondence he provided to the City regarding 208 homes in the city that are not in compliance with the outdoor lighting standards of the City. Mayor Hill commented on the City's efforts to eliminate lighting in the City that illuminates onto the roadways or other peoples' property and indicated that residents are being asked to assist in this effort. Comments were offered regarding the rural nature of the City without an abundance of light and the efforts to maintain the ambiance of the City. Mr. Colyear expressed concern regarding the lighting at the Palos Verdes Peninsula Unified School District Maintenance Facility. Dr. Minkes commented on Mayor Hill's statement regarding the efforts of the City to eliminate light that illuminates onto the roadways or other peoples' property and stated that he reels the premise of the ordinance is to preserve the serenity and beauty of the neighborhoods and that neighbors should be cognizant of this fact. Further discussion ensued regarding the provisions in the ordinance for temporary party and holiday lighting as well as the ability to seek a modification from the lighting regulations provisions in the ordinance. Mr. Jeff Pieper, 3 Eucalyptus Lane, commented on the proposed ordinance and indicated that the provisions in the ordinance seems reasonable to him. He commented on the suggestions to the ordinance offered by others and suggested that the appearance of the lighting fixtures should remain under the purview of the RHCA. He stated that the recommended wattage in the ordinance should eliminate concerns regarding over lighting in the City. Mr. Brad Chelf, 59 Crest Road East, offered comments about the proposed ordinance indicating that from his experience driving through the City during darkness that he feels that there is not a lighting problem. Mr. Chelf expressed concern about the amount of time and effort that has gone into this matter since there are only a few homes in the City that do have excessive lighting. Councilmembers discussed the sections of the proposed ordinance and the concerns and comments offered by the residents and RHCA Architectural Committee. Planning Director Schwartz explained the Planning Commissions recommendations relative to entry post or pilaster lighting at the foot of a driveway indicating that the Commission was concerned that that someone may install pilasters with lights all along a driveway. Mr. Rogers further explained the RHCA Architectural Committee's recommendations regarding front door lighting. Mr. Spencer Ka.rpf, 14 Caballeros Road, expressed that he feels that temporary lighting for special events and holidays needs to be further defined. He also commented on the grandfathering clause relative to how the City would verify when the grandfathered lighting was. installed. He also commented on the grandfathering of certain fixtures. The City Attorney explained the intended dates that will be inserted into in the grandfathering clause. Following the discussion, Councilmember Lay moved that the City Council waive further .reading and introduce Ordinance No. 309 as amended as follows: Section 3, Paragraph 1 state "Except as provided in paragraph 2, 3, and 4 below...." Section 3, Paragraph 3-d state "Entry post or pilaster lighting only at the foot of a driveway and at a courtyard entrance to the residence, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward, and that the light does not spill onto the roadway or adjacent properties ......." Section 3, Paragraph 3-e state "Lighting for porches and on exterior walls of structures on the property, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward, and that the light does not spill onto the roadway or adjacent properties. However, lighting fixtures at entryways into buildings and on the exterior wall of structure immediately adjacent to the patio or terrace used as ambient light for cooking, dining or entertaining need not cast light downward, so long as they are operated manually (not controlled by a timer) Section 3, Paragraph 4-a state "Light fixtures existing on (date) that direct light upwards to illuminate an architectural or landscape feature shall be deactivated, removed or otherwise brought into ccmpliance with this section by (date) ......." Minutes City Council Agenda 03/10/08 -3- Councilmember Black seconded the motion which carried unanimously. The public hearing was continued to a future meeting of the City Council for consideration of -second reading and adoption. At 8:50 p.m. the Mayor called for a recess. The meeting was reconvened at 8:55;p.m. . OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Richard Colyear, 35 Crest -Road West commented on traffic enforcement in the City and security issues relating to pedestrian access through the RHCA gates. An explanation was offered regarding the quarterly traffic citation statistics that are presented to the City by the Sheriff's Department and reviewed by the Traffic Commission and it was explained that these statistics are also available.at City Hall. It was noted that the pedestrian access through the City falls under the jurisdiction of the RHCA. OLD BUSINESS REQUEST FROM MR. MANELAOS SARIDAKIS, 18 PORTUGUESE BEND ROAD FOR MODIFICATION OF AN IMPROVEMENT AGREEMENT FOR UNDERGROUNDING OF UTILITY LINES PURSUANT TO CONDITION OF APPROVAL FOR PARCEL MAP NO. 23991 AND A REQUEST TO OBTAIN FINAL INSPECTION. City Manager Dahlerbruch provided a summary of the subdivision improvement agreement for 17 and 18 Portuguese Bend Road which includes a requirement that no final inspection and/or occupancy permit be given until utility lines are undergrounded. He also provided background regarding previous amendments approved by the City Council to this agreement and indicated that the residence is now substantially complete and the owner is again asking for an amendment. City Manager Dahlerbruch explained that Mr. Saridakis is requesting a final inspection in order to refinance his construction loan with a stipulation that the gas service to the residence not be finaled until the undergrounding is complete as well as approval of a modified layout of the utility lines than proposed under the second amended agreement. Mr. Ken Allen, Mr. Saridakis' electrical consultant, provided a brief history about the various plans that have been offered relative to the undergrounding required for the subdivision for 17 and 18 Portuguese Bend Road. Mr. Allen explained the new underground configuration indicating that one of .the poles that was to remain on the property is now proposed to be removed and the pole across the streets from 18. Portuguese Bend Road will also be removed. He pointed out on the plan the poles that will be removed or moved and the wires that will be placed underground. He described the efforts undertaken by the Edison Company to obtain easements from the neighboring property owners. He also explained the expenditures from the escrow account that was established to fund the undergrounding of utilities for 17 and 18 Portuguese Bend Road and indicated that there are some outstanding invoices yet to' be submitted. He also explained that they are currently out to bid for the installation of conduits and indicated that this work should be complete within the next 30 -days. He stated that.he estimates -that the work should be complete before the July 1, 2008 deadline. The City Manager explained that there is also a concern that the funds in the escrow account may not cover the costs since an exact amount has not been submitted and provided a copy of the'letter to the escrow company authorizing a partial release of funds from the account. Mr. Michael St. Dennis, 14 Portuguese Bend Road, commented on the pole in the vicinity of his home that is proposed to be removed. He said that since his home is currently under renovation and he would like to be assured that this work would take place in a timely manner. He reported that he provided an easement to Edison for this work months ago. He suggested that definitive deadlines should be established for this work. Mr. Sean Cardenas, 13 Portuguese Bend Road, explained the request he received to provide an easement to the Edison Company for wires that would cross his property and indicated that he did not agree to the requested easement because of his concern that the wires from the pole on his neighbor's property would be in the view from the backyard area of his property. He commented on the easement provided to the Edison Company by his neighbor. Mr. Cardenas explained an alternative plan for undergrounding these wires and stated that he has suggested to Mr. Allen that he would be willing to fund part of this effort. Mr. Allen expressed that he has been in contact the Mr. St. Dennis' contractor and assured Mr. St. Dennis that his electrical work would be completed in a timely manner. Mr. Allen also explained the some of the constraints to the underground plan suggested by Mr. Cardenas. Mr. Allen further explained the efforts undertaken by the Edison 'Company to obtain easements from the neighboring property owners to complete this work. Minutes City Council Agenda 03/10/08 -4- Dr. Robert Marshall, previous subdivider, explained problems in obtaining easements from neighboring property owners that occurred in the beginning of this entire process. Dr. Marshall also explained that funds have already been provided to Edison for the work near the St. Dennis home. He expressed that Mr. Saridakis is requesting the final inspection in order for him to refinance his construction loan. In regard to concern about easements not being approved, Mr. Allen stated that the Edison Company has indicated that in order to move the project along that they will install conduits in the utility easements along Portuguese Bend Road for the properties that did not provide easements. Councilmembers discussed the request to amend the agreement pertaining the revised plan. It was explained that the current agreement that requires that the undergrounding must be completed before a final inspection can be given for the residence and that they will be completed in accordance with a specific plan that was attached as an exhibit therefore if the plan is to change the agreement would need to be updated to reflect the revised plan. It was suggested that the Council except either plan and separately take up the request for a final inspection. Following the discussion, Councilmember Lay moved that the City Council approve a modification to the second amendment of the conditions for the subdivision of 17 and 18 Portuguese Bend Road with the modification, that the subdivider can implement the undergrounding pian that was presented at the City Council meeting or conform to the undergrounding requirements that were approved in the second amendment and that the City Manage. and City Attorney be authorized to execute that agreement. Mayor Pro Tem Heinsheimer seconded the motion which carried by the following roll call vote: AYES: Councilmembers Black, Lay and Mayor Pro Tem Heinsheimer. NOES: Councilmember Pernell and Mayor Hill. ABSENT: None. ABSTAIN: None. Discussion ensued regarding the request for a final inspection and the number of requests for amendments that: have been granted for this subdivision. The applicant is suggesting that the City could withhold the release of natural gas to the residence to preclude anyone from actually occupying the home. It was noted that this clause was included in the agreement to ensure that the undergrounding would be completed. It was explained that without the final inspections the construction loan could not be converted into a permanent loan. The City Attorney explained the escrow account that was created to ensure the completion of the undergrounding and that fact that there might not be sufficient funds in the escrow account to complete the work. It was noted that Mr. Allen has suggested that there are sufficient funds. The fact that the home is currently on the market was discussed. The City Attorney indicated that the City could stipulate that if the bids that are yet to be submitted exceed the amount that is left in escrow that the escrow on the sale of the property requiring withholding of sufficient funds to complete the undergrounding. It was explained that by the recordation of the agreement, any potential buyer of the property would be notified of this condition. Concerns were expressed that the work has not been done. The Council discussed the obstacles such as technical problems with the plans and delays in obtaining required easements. It was noted that the City should be ensured that there is enough money in the escrow account to complete the undergrounding work. It was suggested that in order to move the project along that the City Council might wish to grant the request. Further discussion ensued regarding the outstanding bids that have yet to be submitted. Mr. Allen stated that he expects to received them by the end of the week. Following the discussion, Councilmember Lay moved that the request for a final inspection prior to completion of the undergrounding be continued in order for the property owner to provide the results of the construction bids, the decision of who will be completing the work and to provide a document from Southern California Edison that confirms all easements have been obtained for the undergrounding. Councilmember Pernell seconded the motion. Following comments regarding the numerous amendments to the undergrounding requirements that have been granted by the City Council, the motion carried unanimously. NEW BUSINESS SOLID WASTE -ANNUAL REPORT — REVIEW AND PRESENTATION City Manager Dahlerbruch presented the staff report providing background regarding the City's annual reporting to the California Integrated Waste Management Board and the recent Minutes City Council Agenda 03/10/08 -5- difficulties of the City to meet its 50% diversion of solid waste goal. He explained the.franchise requirement in the Municipal Code and reported that at a recent meeting with staff and the California Integrated Waste Management Road it was recommended that the City adopt a construction and demolition ordinance which would give the City a better accounting and control of construction waste. Discussion ensued regarding the number non -franchised haulers of construction waste that do business within the City and the City's lack of accounting for this solid waste and lack of control of whether the construction waste is recycled or not. It was reported that a construction and demolition ordinance would require that 507o of the construction waste is recycled. Councilmembers discussed the amount green waste generated within the City. It was noted that some of the green waste is chipped and used on trails and on properties in the City and the fact that the City is not given credit for the diversion of this green waste. Staff reported that it is difficult to obtain information from tree trimmers and landscape contractors as to the amount of this green waste. It was explained that these contractors are not required to report this information to the City. Ms. Michelle Nicholls, SCS Engineers, explained the recyclability of demolition debris. She said that studies show that at least 50% of demolition debris is recyclable. She reported that there are numerous cities that have construction and demolition ordinance.. Ms. Nicholls reported that since Rolling Hills is so small that any jump in disposal has a drastic effect on the ability for the City to meet the State's diversion requirement. She explained that estimates have been offered by some tree trimmers and landscape companies as to the amount of green waste that is generated and recycled and indicated that this has been accounted for in the annual report. Ms. Nicholls further explained the generation study being created for this city. Mr. Chris Coyle, Allied Waste, explained the local facility operated by Allied Waste that would accepts construction debris and recycles this material. Discussion ensued regarding the reporting process to the California Integrated Waste Management Board and the challenges that exist for the City to meeting the mandated 5070 diversion. It was suggested that permitting haulers may assist the City in meeting its' diversion goals. Concerns were express regarding this process and whether it would make a difference. Following the discussion regarding the recommendations outlined in the staff report, it was suggested that staff develop an ordinance for the recycling and disposal of construction and demolition material, to implement reporting requirements for non -franchised solid waste haulers and to address the franchise requirement in the Municipal Code for the collection of solid waste for review by the City Council. Councilmember Black was excused from the meeting at 10:17 p.m. REVIEW AND CONSIDERATION OF SOLID WASTE COLLECTION RATES FOR FY 2008-2009 City Manager Dahlerbruch presented the staff report outlining the request from Allied Waste for an increase in their solid waste collection rate and background regarding previous increases approved by the City Council. He also provided background on Allied's* justification for the increase. He explained the public hearing process related to passing the fees along to the residents. Comments were offered regarding Allied's documentation regarding landfill, labor and fuel costs and it was suggested that further detail be provided by Allied Waste. Mr. Kurt Bratton, Assistant General Manager of Allied Waste commented on their projections relative to the CPI increase and other cost increases that have occurred. Following the discussion, this item was referred to the City Council Solid Waste/Recycling Committee and Allied Waste was directed for provide further information to justify the proposed increase. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS .AND AMENDING THE ROLLING HILLS MUNICIPAL CODE City Manager Dahlerbruch provided background regarding the ordinance. Hearing no Minutes City Council Agenda 03/10/08 -6- 1 1 1 discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council waive further reading and introduce Ordinance No. 310. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. This item was continued to the next regular meeting of the City Council for consideration of second reading and adoption. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell expressed his gratitude for the visits and speedy recovery cards received following his recent surgery. CITY COUNCIL COMMITTEE ASSIGNMENTS Mayor Hill indicated that unless there were any objections that the City Council Committee Assignments would remain the same. It was noted that the Mayor and Mayor Pro Tem would serve as the delegate and alternate to the Sanitation Districts of Los Angeles County and that Councilmember Lay would be added to the Solid Waste/Recycling Committee. Hearing no objections, Mayor Hill so ordered. MATTERS FROM STAFF None. 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. No closed session was held. ADIOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 10:30 P.M. to the next regular meeting of the City Council scheduled to be held on Monday, March 24, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Appro d, Frank E. Hill Mayor Minutes City Council Agenda 03/10/08 Respectfully submitted, ffMAJ,, Marilyn Kern Deputy City'Clerk -7-