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.
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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.
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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) ......."
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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.
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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
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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
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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
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Respectfully submitted,
ffMAJ,,
Marilyn Kern
Deputy City'Clerk
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