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6/9/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE -9,2008 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. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Captain Robert Valdillez, LACoFD. Deputy Forester Jay Lopez, LACoFD. Laura Walters, Community Resources Specialist, LACoFD. Jim Guerra, Willdan. Steve Windmayer, Willdan. Roy Itani, District Engineer, LA County. Mark Foley, General Manager, Allied Waste. 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 May 12, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills May 12 and May 26, 2008. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April 2008. RECOMMENDATION: Receive and file. d. Meeting Notes — City Council Budget/ Finance Subcommittee RECOMMENDATION: Receive and file. e. Recommendation from the Traffic Commission relative to FY 2008-08 Bid Specifications and Request for Proposal for Replacement of Traffic Striping and Pavement Markings in the City of Rolling Hills. RECOMMENDATION: Approve as presented. f. Recommendation from the Traffic Commission relative to a request from the Palos Verdes Art Center for an Artists Studio Tour at 14 Cinchring Road and 6 Running Brand Road on Saturday and Sunday October 4-5, 2008 RECOMMENDATION: Approve as presented. g. Allied Waste Recycling Tonnage Report for March, 2008. RECOMMENDATION: Receive and file. h. Correspondence from Cox Communications regarding additions to their channel lineup effective June 26, 2008. RECOMMENDATION: Receive and file. i. Correspondence from California Water Service Company regarding changes in its tariff schedules sent to the Public Utilities Commission, Advice Letter No. 1855-A. j. Southern California Gas Company Notice of Filing of Low -Income Program, Application No. A.08-05-025. RECOMMENDATION: Receive and file. k. Correspondence from Southern California Edison regarding application for rate increase filed with the Public Utilities Commission, Application No. A.08-04-001. RECOMMENDATION: Receive and file. Minutes City Council Meeting 06/09/08 -1- 1. Southern California Edison Company's application for increase in electric revenues filed with the Public Utilities Commission; Application No. A.08-05- 026. RECOMMENDATION: Receive and file. Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2008-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A MINOR VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 754, AT 1 ACACIA ROAD, (LOT 26-RH), (POST). 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. 754. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-08. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. RESOLUTION NO. 2008-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A SPORTS COURT AND A VARIANCE TO LOCATE THE SPORTS COURT IN THE FRONT YARD AREA AT 92 SADDLEBACK ROAD IN ZONING CASE NO. 752, (LOT 73-B- RH), (GIACONI). 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. 752. She explained the justification for the proposed variance and how it differs from a request several years prior. Following brief discussion regarding the size of the proposed sports court, the size of a full regulation tennis court and the fact that this project does not require grading, Mayor Hill called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-09. Councilmember Black seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS PUBLIC HEARING AND CONSIDERATION OF SOLID WASTE COLLECTION FEE INCREASE RESOLUTION NO. 1037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, INCREASING SOLID WASTE COLLECTION FEES City Manager Dahlerbruch presented a PowerPoint outline of the various components of the proposed rate increase and explained the public noticing and hearing process. He indicated that it is recommended that the City Council conduct a public hearing for receiving public testimony and written protests on the proposed solid waste collection fee increase. He stated that to date there were 18 protest forms submitted and that it would have taken 348 to constitute a majority protest to stop the increase. Hearing no comments from the community during the public hearing and noting that there were 18 protest forms submitted, not representing a majority protest, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 1037. Councilmember Lay seconded the motion. Discussion ensued regarding the City's Minutes City Council Meeting 06/09/08 -2- administrative fee associated with the overall management of the solid waste, recycling and green waste collection provided in the City and the fact that the City had absorbed the solid waste increases in past years. Concerns were expressed about the overall rising costs of utilities, fuel and trash collection. It was explained that the city could continue to absorb the difference, however, it would cause budgetary concerns for the City in future years. It was explained that the administrative fee has actually been reduced from previous years. Following the discussion, the motion carried by the following roll call vote: AYES: Councilmembers Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. CITY OF ROLLING HILLS DRAFT BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, COPS FUND, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND - PROP. C, AND UTILITY FUND FOR FISCAL YEAR 2008-09 City Manager Dahlerbruch provided a brief overview of the goals accomplished during the past year and the funds in the FY 2009-09 Draft Budget. Mayor Hill opened the public hearing and called for testimony. Hearing none, Mayor Hill closed the public hearing. Councilmembers commended staff for their work on the budget. Discussion ensued regarding FY 2007/08 revenues in comparison to the FY 2008-09. It was explained that 2008 / 09 revenues are lower because of lower interest rates and because the City will not be exchanging "Proposition A" transportation funds with another agency. With regard to the budget, it was noted that construction of the City Hall Lobby and Reception Area Remodel Project has not been approved yet. Following the discussion Mayor Hill continued this item to the next regular meeting of the City Council for consideration of adoption of the FY 2008-09 Budget. ORDINANCE NO. 311: 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 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION; 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 EDITION; AND TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2007 EDITION; MAKING AMENDMENTS TO SAID CODES; AMENDING THE LOS ANGELES COUNTY CODES TO REFLECT LOCAL CONDITIONS, INCLUDING THE DESIGNATION OF THE CITY AS BEING LOCATED IN A VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ) AND AMENDING THE ROLLING HILLS MUNICIPAL CODE ORDINANCE NO. 312: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE TITLE 17 (ZONING) REGARDING CONSTRUCTION AND DEVELOPMENT STANDARDS FOR BASEMENTS, EXPORT OF DIRT AND OUT OF GRADE CONSTRUCTION ORDINANCE NO. 313: AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING PENALTIES FOR VIOLATION OF THE MUNICIPAL CODE TO BE CONSISTENT WITH THE PROVISIONS OF THE CALIFORNIA GOVERNMENT CODE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Dahlerbruch introduced the Ordinances and reported that representatives from the Fire Department, Willdan and LA County Building Department are in attendance to answer any questions. Minutes City Council Meeting 06/09/08 -3- Planning Director Schwartz provided a brief overview of the proposed amendments related to the City's local modifications to the Building Code, Electrical Code, Plumbing Code, Mechanical Code and Fire Code; the Zoning Code regarding construction and development standards for basement, export of dirt and out of grade construction; and the provisions in the Municipal Code regarding penalties. She highlighted the City's designation in the Very High Fire Hazard Severity Zone. It was noted that the entire Peninsula has been placed in this zone. Planning Director Schwartz indicated that the amendments to the Zoning Code had been reviewed and recommended by the Planning Commission. Discussion ensued regarding suggested amendment to the balanced cut and fill ratio sections of the Zoning Code. It was suggested that these sections of the Zoning Code be amended to give the Planning Commission the discretion to allow or direct the export of dirt. Councilmember Lay moved that the City Council waive further reading and introduce Ordinance No. 311 as amended in sections 15.04.150 and 15.04.170 regarding Balanced Cut and Fill Ratio that "No export of soil shall be permitted from any lot in the City, except where the dirt is generated from an excavation activity, as defined in Municipal Code Section 17.12.050 and such export is directed or allowed by the Planning Commission or where a variance pursuant to Chapter 17.38 has been approved," Ordinance No. 312 as presented and Ordinance No. 313 as presented. Councilmember Black seconded the motion which carried unanimously. The public hearing was continued to the next regular meeting of the City Council for consideration of second reading and adoption. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF AMENDMENT #1 TO EMPLOYMENT AGREEMENT WITH CITY MANAGER Councilmember Lay, Member of the Personnel Subcommittee, reported that the Committee met with the City Manager and conducted a performance evaluation. It was reported that the City Manager has been with the City for 18 months and that they are recommending a 5% increase to his base salary. It was reported that Amendment #1 of the City Managers Employment Agreement implements the proposed increase and provides that future increases approved by the City Council will require execution of a Personnel Action Form rather than an amendment to the original agreement. Councilmember Lay moved that the City Council approve Amendment #1 to the City Manager's Employment Agreement with a modification to change "month" to "year" in Section 5. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on the lack of progress for the required undergrounding of utilities at 17 and 18 Portuguese Bend Road. City Manager Dahlerbruch provided an explanation regarding the status of the amendment to the agreement between the City and the property owners and the status of the undergrounding project. UPDATE REGARDING THE VOLUNTEER APPRECIATION EVENT Following brief discussion regarding the proposed dates for the event and the other guests to be invited, the City Council supported the plans for the event. Staff was asked to email Councilmembers regarding their availability on the proposed dates and Councilmembers were asked to provide Mayor Hill with their recommendations relative to guests to be invited to the event in addition to the City's volunteers. Minutes City Council Meeting 06/09/08 -4- 1 L 1 1 MATTERS FROM STAFF City Manager Dahlerbruch reported on his attendance at the California Contract Cities Association Municipal Seminar held recently and noted that the theme of this year's event was "Going Green." He indicated that a handout outlining the history of the California Contract Cities was available. MATTERS FROM THE CITY ATTORNEY At 8:45 p.m. Councilmember Black requested that the City Council go into closed session to discuss personnel matters. 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. G.C. 54956.9(a) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. Conference With Labor Negotiator G.C. 54957.6 City Negotiator: Anton Dahlerbruch, City Manager Unrepresented Employees: Finance Director, Planning Director, Deputy City Clerk / Secretary to the City Manager and Clerk Typist / Receptionist. Public Employee Performance Evaluation G.C. 54957 Title: City Manager At 9:00 p.m. the Council reconvened in open session. The City Attorney announced that the City Council discussed personnel matters in closed session and that no reportable action was taken in closed session. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:00 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, June 23, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Frank E. Hill Mayor Minutes City Council Meeting 06/09/08 Respectfully submitted, nzv� Marilyn Kern Deputy City Clerk -5-