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4/14/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 14, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning 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 March 24, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. City Council Solid Waste / Recycling Committee, March 24, 2008 Meeting Notes. RECOMMENDATION: Receive and file. d. Allied Recycling Tonnage Report for February 2008. RECOMMENDATION: Receive and file. e. Los Angeles County Operational Area Emergency Exercise "Golden Guardian." RECOMMENDATION: Approve as presented. f. Correspondence from California Water Service Company, Advice Letter No. 1854 filed with the Public Utilities Commission transmitting for filing changes in its tariff schedules. RECOMMENDATION: Receive and file. Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Pernell seconded the motion. Following an explanation regarding the check in the amount of $14,260.00 to Comprehensive Planning Services for the State required housing element update, the motion carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FROM THE PALOS VERDES WOMEN'S CLUB. FOR A GARDEN TOUR AT 2 JOHNS CANYON ROAD AND 35 CREST ROAD WEST (COLYEAR) ON SATURDAY, MAY 17, 2008 City Manager Dahlerbruch presented the staff report outlining the request from the Palos Verdes Women's Club to conduct a garden tour at 2 Johns Canyon Road and 35 Crest Road West on May 17, 2008 and the Traffic Commission's recommended approval of the request. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council accept the recommendation from Minutes City Council Meeting 04/14/08 -1- the Traffic Commission and approve the request from the Palos Verdes Women's Club to conduct a garden tour at 2 Johns Canyon Road and 35 Crest Road West on Saturday, May 17, 2008. Councilmember Pernell seconded the motion which carried unanimously. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO WHITE EDGE -LINE STRIPING ON ALL ROADWAYS WITHIN THE CITY City Manager Dahlerbruch introduced the City's Traffic Engineer Vanessa Munoz. He presented the staff report outlining the Traffic Commission's recommendation that all roadways in the City be edge -line striped and reported on the type of anti-skid paint that has been suggested to keep horses from loosing their footing as well as the cost for this material. He then drew the Council's attention to the list of roadways in the city that do not have edge - line striping. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council accept the recommendation from the Traffic Commission that all roadways within the City be edge -line striped beginning with the Citywide Replacement of Striping and Pavement Marking project in FY 2009-2010. Councilmember Black seconded the motion which carried unanimously. MIDDLERIDGE LANE NORTH — CONSIDERATION OF AN ENGINEERING STUDY AND INSTALLATION OF SPEED HUMPS City Manager Dahlerbruch presented the staff report providing background regarding the concerns about speeding vehicles that have been brought forward by the residents of Middleridge Lane North. He indicted that the residents had originally requested lowering the speed limit to 10 mph but that the Traffic Engineer had indicted that a speed limit lower than 15 mph is not legally possible per the vehicle code. City Manager Dahlerbruch reported on measures undertaken such as the speed board and directed traffic enforcement to try to deter speeding on Middleridge Lane North. He indicated that the resident spearheading the campaign has indicated that most residents on the street would favor the installation of speed humps contingent upon knowing where they would be located but that an engineering study would need to be done to determine if they are warranted. Mayor Pro Tem Heinsheimer moved that the City Council authorize staff to commence the study. Councilmember Black seconded the motion. Discussion ensued regarding concerns expressed previously about the affect of speed humps on the response of emergency vehicles and the fact that the City has avoided installing them for many years. The Traffic Engineer explained that speed humps can be reduced in height to lessen the impact on vehicles and that they do not necessarily need to cover the entire width of the street. She also said that there is a speed hump design that has been authorized by the Fire Department. Ms. Munoz also explained in response to query that speed hump design would also have an affect on drainage and that the signage associated with the speed humps is necessary. Councilmembers further discussed the matter and concerns raised many years ago about the installation of speed humps in the City. It was suggested that it be determined whether 100% of the residents living on Middleridge Lane North be in support of speed humps on their street. It was noted that the lead resident was not in attendance but the City Manager noted that she verbally indicted to the Traffic Commission and the neighbors did support speed humps contingent of where they would be located. Following the discussion, Mayor Pro Tem Heinsheimer and Councilmember Black agreed to amended the motion and second that the City Council authorize staff to commence the study following written notification that 1007o of the Middleridge Lane North residents expressed their support of speed humps. The motion carried by the following roll call vote: AYES: Councilmembers Black, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: Councilmember Lay. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 04/14/08 -2- 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 Dahlerbruch reported that Ordinance No. 309 has been amended as directed by the City Council during first reading and introduction at their last meeting and that it is being presented for second reading and adoption this evening. Mayor Hill reopened the public hearing. Mr. Spencer Karpf, 14 Caballeros Road, stated that he feels that the Planning Commission, City Council and staff provided an ordinance that balances many of the competing interests in this matter. He distributed to the City Council and those in attendance a copy of his proposed suggestions for modifications to the ordinance as well as a copy for the file indicating that they are language modifications and do not change the intent of the ordinance. He reviewed and explained each one with those in attendance. Mr. Steven Spierer, representing the property owners of 22 Crest Road East, commented on the proposed suggestions for modifications to the ordinance offered by Mr. Karpf and offered his concerns and suggestions regarding some of the items listed by Mr. Karpf. He expressed his support for the ordinance as presented. In reply to Mr. Spierer, Mr. Karpf commented on the intent of the grandfather clause. Mr. Burt Balch, 6 Hackamore Road, explained that he feels that the proposed ordinance is a good middle ground between the varying opinions that have been offered regarding, this matter. Mayor Hill closed the public hearing. Councilmembers discussed the points outlined by Mr. Karpf and Mr. Spierer. Councilmembers also discussed the suggestions regarding language in the proposed ordinance offered by the City Attorney. Discussion ensued regarding the paragraph outlining the modifications from the lighting regulations due to special circumstances. The City Attorney reiterated that the intent of the grandfather clause is that any fixture that was legally installed in compliance with the requirements of the code may remain and that any fixture that was illegal when it was installed may not remain. He also explained that he agrees with Mr. Karpf's comments that Paragraph 4b may be under inclusive and suggested that the City Council may amend this language if it desires. Discussion ensued regarding motion sensor security lighting and a suggestion was offered that there may be security lighting that could be automatically switched on by a resident if they notice something occurring on their property. It was noted that motion sensor security lighting might be activated unnecessarily by animals that reside on or visit the property throughout the night. Mayor Pro Tem Heinsheimer moved that the City Council waive further reading and reintroduce Ordinance No. 309 with the following amendments: In Section 2, Paragraph 2b, that the words "motion sensor" be stricken; In Section 2, Paragraph 3, that the word superior be changed to exceptional; and In Section 2, Paragraph 4b, that ".... or, if of a lighting type not described in paragraphs 2 (a) — (e), shall be non -reflective and shall not exceed a total of 25 watts in each fixture" be added. Councilmember Black seconded the motion which carried unanimously. It was reported that his item will be considered for second reading and adoption at the next City Council meeting scheduled to be held on Monday, April 28, 2008. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Don Martin, 22 Crest Road East, commented on crime statistics for Rolling Hills and expressed concern that there were two burglaries since January 2008. He suggested that Minutes City Council Meeting 04/14/08 191 articles be placed in the Citywide Newsletter alerting residents to not have a false sense of security and that crimes are committed in Rolling Hills. 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 presented the staff report providing background regarding the request from the property owners for relief from the subdivision improvement agreement requirement and requesting final inspection and / or occupancy permit be issued for them to refinance their construction loan. He also provided information regarding the prior and alternative plans for the undergrounding of the utilities. It was noted that the City Council had given approval for either plan but that the Council had .directed the applicants to provide additional information regarding the status of the construction bids, status of easements required for this project, cost estimated and time schedule to commence construction. The City Manager pointed out on the alternative plan the configuration of the poles and utility lines. He explained that in the past couple of days it has become unclear whether additional easements are necessary to complete the alternative plan. He pointed out the area near 13 Portuguese Bend Road and reported that the previous owner of the property had placed the utilities underground on the property and may have provided the authority for Edison at that time. He also explained that Edison is currently working with the property owner at 1 Lower Blackwater Canyon Road to obtain an easement. He indicated that the applicant has provided documentation relative to the loan expiration, cost estimates for the project and time schedule for commencement of the work and that the applicant has provided a letter noting that all easements have been procured, except for 1 Lower Blackwater Canyon Road. Comments were offered regarding the July deadline for completion of the undergrounding requirement and what would happened if the work has not been completed. The City Attorney explained that the City would need to enforce the contract but just like the applicant, the City would also have limited control over the neighboring property owners granting easements. Discussion ensued regarding the Council's previous direction to the applicant to return when they are ready to report on the status of the construction bids, status of easements required for this project, cost estimated and time schedule to commence construction and the fact that the necessary Edison easements have not been obtained. The City Attorney explained that the applicant is requesting to receive a certificate of occupancy in order to refinance his loan while they continue to work this out. It was suggested that the applicant could underground the utilities using the previous design. Mr. Scott Gobble, Southern California Edison Company, explained the electrical plan including the secondary and primary feeds across the affected properties. Discussion ensued regarding the plan showing the lines that span across to Lower Blackwater Canyon Road. Mr. Gobble explained that he is working with the property owners at 1 Lower Blackwater Canyon Road and 13 Portuguese Bend Road to obtain the necessary easements for this line. He explained a slight reconfiguration of the wires to take them out of the view of the property owner at 13 Portuguese Bend Road but indicated that this would require another easement from the neighboring property owner at 15 Portuguese Bend Road. Discussion ensued regarding the alternative plan and Edison's need for additional easements that are specifically dedicated to Edison. Mr. Gobble explained that Edison currently has facilities located in the RHCA easements in the vicinity of 13 Portuguese Bend Road and that they are willing to move ahead with this portion of the project without an additional easements from this particular property owner. Further discussion ensued regarding the applicant's request that the City Council relieve them from the subdivision improvement agreement requirement that no final inspection and / or occupancy permit be issued until utility lines are undergrounded and the effect that the easements requirements of Edison has on his ability to start the undergrounding project. It was noted that the City Council had provided the applicant the opportunity to complete either of the underground configurations. Mr. Gobble indicated that Edison would support either project. Mr. Ken Allen, applicant's electrical consultant, indicated that they are ready to begin the Minutes City Council Meeting 04/14/08 -4- project and that a contractor is standing by to complete this work but that an easement from the property owner of 1 Lower Blackwater Canyon Road is needed. Mr. Allen mentioned that the RHCA Manager has indicated easements could be provided by the RHCA for a portion of the project in front of 13 Portuguese Bend which would remove the electrical wires that cross Portuguese Bend Road and remove a pole between 14 and 16 Portuguese Bend Road and therefore that portion of the project is ready to start. He indicated that he will seek approval for a transformer in an easement near 17 Portuguese Bend Road from the RHCA at their meeting on Thursday evening. Further discussion ensued regarding the needed easement at 1 Lower Blackwater Canyon Road. It was suggested that due to the applicant's need to refinance his loan that the City Council postpone further consideration of this matter but could expedite it when all of the complete information regarding the undergrounding has been provided to them. Mr. Michael St. Denis, 14 Portuguese Bend Road, indicated that the homeowners involved have cooperated with this process. He indicated that the remodel of his home is nearly complete and that he would like to be assured that the electricity would be in place when he is ready to occupy his remodeled home. He also indicated that he has provided the necessary Edison easement and that he is completely ready to underground the utilities on his property. Mr. Allen explained that they are ready to begin the portion of the project that will effect Mr. St. Denis' property as soon as the RHCA approves the transformer location in the easement at their meeting on Thursday. He indicated that this work should be complete with a couple of weeks. Mr. Sean Cardenas, 13 Portuguese Bend Road, explained the previous property owners' efforts to underground the utilities on the property and expressed concern that overhead wires associated with the alternative plan would be in his view. He indicated that the previous plan is acceptable to him. Further discussion ensued regarding the suggestion to postpone further consideration of this matter and that the City Council could expedite it once all of the complete information regarding the undergrounding has been provided to them. It was noted that the project could move forward with the portion of undergrounding project involving the overhead wires that cross Portuguese Bend Road without the easement from 1 Lower Blackwater Canyon Road. It was noted that it has been explained by the applicants' electrical consultant that this portion of the project could be completed within two weeks. It was suggested that if this work is completed as stated that occupancy could be granted to the applicant. Discussion ensued regarding the easement needed by Edison from the property owner at 13 Portuguese Bend Road at the front of the property. Mr. Scott Gobble indicated that an easement is not needed for this location because Edison will process the plan in the RHCA easement however this is not their normal policy. He further explained that they do need the easement for 1 Lower Blackwater Canyon Road since it is not a RHCA easement. The City Attorney commented on the letter from Vineyard Bank advising the applicant that time is running out for the loan to be refinanced, further explained the applicant's request and the suggested condition that gas service not be released to the property until the underground project is complete. He further explained that the process for the City to complete this work should the bank foreclose or if the property is sold would be difficult. He indicated that issuance of a Certificate of Occupancy could be further conditioned on the fact that there are sufficient funds in the escrow account to complete the job and that the work be completed by a date certain. Mr. Charles Raine, 4 Pinto Road, commented on the previous property owner of 13 Portuguese Bend Road and the amount of money that they spent placing the utilities underground on that property. He expressed concern that the proposed alternative plan will place wires in the view of the current property owner. Discussion ensued regarding the underground plans and modifications that have occurred over the years. It was suggested that the applicant move forward with the portion of the project that would remove the wires that span Portuguese Bend Road. Mrs. Lisa Saridakis, 18 Portuguese Bend Road, explained the necessity to refinance the construction loan. She indicated that it is common practice for the bank to refinance loans which have certain conditions such as not releasing the gas service to the home until the underground project is complete. She indicated that temporary certificates of occupancies can be issued with certain contingencies and that the bank would accept this. Concerns were Minutes City Council Meeting 04/14/08 -5- expressed that the property may be sold in the meantime. The City Attorney indicated that the property would be sold subject to the underground obligation. Mayor Pro Tem Heinsheimer moved that following the initiation of the project beginning with the removal and undergrounding of the pole at 14 and 16 Portuguese Bend Road that a certificate of occupancy be granted and to authorize the City Manager and City Attorney to execute an amended agreement with conditions that no gas be released to the residence until the undergrounding project is completed, that additional funds be placed in escrow or a bond or a Certificate of Deposit be filed with the City for completion of the project in the amount of $150,000 and that the amended agreement be recorded with the County Registrar -Recorders' office. Mr. St. Denis expressed concern about the motion and urged the City Council to protect the City in this matter. Councilmember Lay seconded the motion. Following discussion regarding concerns about the matter and possible timing of the initiation of the project, the motion failed by the following roll call vote: AYES: Councilmember Lay and Mayor Pro Tem Heinsheimer. NOES: Councilmembers Black, Pernell and Mayor Hill. ABSENT: None. ABSTAIN: None. It was suggested that item 8-B relative to the City of Rolling Hills Estates proposed traffic improvements on Palos Verdes Drive North be considered at this time. NEW BUSINESS DISCUSSION REGARDING TRAFFIC IMPROVEMENTS ON PALOS VERDES DRIVE NORTH AT ROLLING HILLS ROAD / PORTUGUESE BEND ROAD AS WELL AS AT THE INTERSECTION OF PALOS VERDES DRIVE NORTH AND DAPPLEGRAY ROAD BEING CONSIDERED BY THE CITY OF ROLLING HILLS ESTATES City Manager Dahlerbruch introduced the City's Traffic Engineer Vanessa Munoz and Rolling Hills Estates' Traffic Engineer Erik Zandvliet. He presented the staff report outlining the proposed modifications to Rolling Hills Road (Portuguese Bend Road) and Palos Verdes Drive North. He reported that the Rolling Hills Estates Traffic Commission has recommended that they not proceed with the proposed modifications at Palos Verdes Drive North and Dapplegray School. He further explained the signal synchronization capabilities of the traffic signals along Palos Verdes Drive North and indicated that this is a key component to the modifications that are being proposed for the intersection. Ms. Munoz explained the proposed traffic modifications to Rolling Hills Road / Portuguese Bend Road and Palos Verdes Drive North and pointed out the areas on the plan. She highlighted that she feels that the most favorable improvement for Rolling Hills is the addition of protected left turn phasing for eastbound and westbound traffic on Palos Verdes Drive North. She explained a plan for a right turn arrow for northbound traffic on Portuguese Bend Road on to eastbound Palos Verdes Drive North. Concerns were expressed for the proposed right turn arrow and for a possible stack up of traffic at the merge lanes. Comments were offered regarding the relocation of the controller box located at the intersection. She indicated that Rolling Hills Estates is currently working the coordination of the traffic signals along Palos Verdes Drive North and that this improvement will facilitate the movement of traffic. Mr. Zandvliet, Rolling Hills Estates Traffic Engineer, further explained the proposed intersection modifications and the signal coordination. He indicated that the signal coordination would establish a new baseline to evaluate the proposed intersection modifications. Following the discussion regarding the various components of the proposed intersection modifications, the City Council supported the synchronization of the traffic signals on Palos Verdes Drive North and asked that the recommended improvements to the intersection of Palos Verdes Drive North / Rolling Hills Road / Portuguese Bend Road be revisited once a new traffic baseline is established. The City Council expressed concern about the proposal for a right turn arrow and through lane from northbound Portuguese Bend Road onto eastbound Palos Verdes Drive North. OLD BUSINESS - Continued CONSIDERATION OF 2008 / 09 FISCAL YEAR SOLID WASTE REFUSE RATES Minutes City Council Meeting 04/14/08 0 1 1 1 City Manager Dahlerbruch presented the staff report providing information regarding Allied Waste's proposed rate increase and direction from the Solid Waste Subcommittee that staff survey the other Peninsula cities regarding solid waste collection fees. He indicated that following negotiations with Allied Waste, they are asking for an 87o increase. Discussion ensued regarding the solid waste collection fees in the other Peninsula cities. It was noted that it is difficult to compare Rolling Hills' unique solid waste collection system to the other cities. Mayor Pro Tem Heinsheimer moved that the City Council accept an 8% increase in solid waste refuse rates plus City administrative costs and that the City Council Solid Waste Recycling Subcommittee meet with Allied Waste to hear their recommendations for extending the franchise agreement into a future long-term contract and that the public hearing to be conducted regarding the increase include consideration of a CPI increase not to exceed 4.570 in FY 2009-2010. Councilmember Lay seconded the motion which carried unanimously. NEW BUSINESS -continued REQUEST FOR TIME EXTENSION TO FINAL TENTATIVE PARCEL MAP NO. 27078, 20 UPPER BLACKWATER CANYON ROAD (KAZARIAN) Councilmember Black stated that he would abstain from consideration of the request for a time extension due to the proximity of his property to the subject property and left the Chambers. Planning Director Schwartz presented the staff report outlining the applicant's request for a 5 - year extension. She indicated that Resolution No. 1035 has been prepared for the Council's action. Discussion ensued regarding the time extension and the past practice of the Council to grant time extensions for 2 -years. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 1035 approving an 18 -month time extension. Councilmember Lay seconded the motion which carried unanimously (Black abstained). Councilmember Black returned to the Chambers. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Lay reported that he would be out of City and requested to be excused from the next meeting. FY 08 / 09 VOLUNTEER RECOGNITION City Manager Dahlerbruch indicated that it has been suggested that the City host a Volunteer Recognition event in the upcoming fiscal year. He provided background regarding the event that was held in 2003. Councilmember Pernell moved that City Council support the recommendation that the City host a Volunteer Recognition event in FY 2008-09 and that funds be allocated in the budget for the event. Councilmember Lay seconded the motion which carried unanimously. Staff was directed to work with the Mayor regarding the planning of this event. MATTERS FROM STAFF DISCUSSION OF 08/09 FISCAL YEAR PRIORITIES City Manager Dahlerbruch presented the staff report outlining staff's suggested priorities. Councilmembers were asked to individually forward their budget priorities to the City Manager who will summarize them for presentation to the City Council Budget Finance Subcommittee. At 10:25 pm the meeting was recessed to a closed session. Minutes City Council Meeting 04/14/08 -7- 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. At 10:50 pm the meeting reconvened in open session and the City Attorney reported that the City Council discussed the Sheen matter in closed session and that no reportable action was taken in closed session. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 10:50 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, April 28, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approve Frank t Hill Mayor Minutes City Council Meeting 04/14/08 Respectfully submitted, Marilyn Kern Deputy City Clerk Ef 1