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6/23/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 23, 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, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: Pernell (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Captain Ronene Anda, LASD, Lomita Station. Assistant Fire Chief Robert Valdillez, LACo.FD. 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 June 9, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of May, 2008. RECOMMENDATION: Approve as presented. d. County of Los Angeles Department of Agricultural Commissioner/ Weights and Measures FY 2008 / 09 Agreement for pest control services. RECOMMENDATION: Approve as presented. e. Correspondence from California Water Services Company regarding changes in its tariff schedules filed with the Public Utilities Commission; Advice Letter No. 1855-B RECOMMENDATION: Receive and file. f. Consideration of the annual reimbursable contract between the City and the County of Los Angeles Community Development Commission for Fiscal Year 2008-2009 Community Development Block Grant (CDBG) Program, Amendment Number 3. RECOMMENDATION: Approve as presented. g. Correspondence from Cox Communications regarding additions to channel lineup effective July 11, 2008. RECOMMENDATION: Receive and file. h. Southern California Edison Company's Application for Increase in Electric Revenues, A.08-06-001 filed with the Public Utilities Commission. RECOMMENDATION: Receive and file. i. Personnel Subcommittee Meeting Notes —June 16, 2008. RECOMMENDATION:. Receive and file. Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. SPECIAL PRESENTATIONS Recognition Of J.D. Scharffenberger For His Heroic Efforts Mayor ,Hill presented a commendation to 12 -year old Rolling Hills resident J.D. Scharffenberger for his heroic efforts in response to a potential drowning of a 2 -year old child on June 12, 2008 at the Kramer Club. Minutes City Council Meeting 06/23/08 -1- Assistant Fire Chief Robert Valdillez and representatives of the Los Angeles County Fire Department commended J.D. for his heroic efforts on June 12`h. He was presented with a special commendation from the Department as well as a baseball glove and bat and tickets to a Los Angeles Dodgers game. Law Enforcement Update Lomita Sheriffs Station Captain Ronene Anda provided an update on recent burglaries that occurred in Rolling Hills and on the Palos Verdes Peninsula and reported on the recent apprehension of persons responsible for vehicle burglaries on the Peninsula. She provided information about what residents can do to prevent crimes from occurring. It was reported that crime prevention tips written by the Sheriffs Department would be featured in the next few citywide newsletters. Hearing no objection, Mayor Hill requested that the presentation from the California Water Service Company be considered at this time. MATTERS FROM STAFF SPECIAL PRESENTATION BY CALIFORNIA WATER SERVICE REGARDING THE GOVERNOR'S PROCLAMATION OF A STATEWIDE DROUGHT AND THE LOCAL RESPONSE. Mr. Henry Wind, District Manager for the California Water Service Company, reported that on June 4, 2008, Governor Schwarzenegger proclaimed a statewide drought and issued an executive order to mandate water conservation or rationing. He indicated that in response, the Metropolitan Water District who provides water to agencies including the West Basin Municipal Water District who distributes water to the California Water Service Company declared a Water Supply Alert in Southern California. He explained that California Water Service Company supplies and distributes water to communities in the South Bay including Rolling Hills and that they have activated Stage 1 of their Drought Management Plan to reduce water usage by 10%. He also explained that on July 1, 2008, the California Water Service Company would be implementing a tiered rate system that would reward water users for conservation efforts. Councilmembers briefly discussed the possible future use of recycled water and strategies to conserve water. The City Manager explained that the revised goals and objectives for the Natural Environment and Sustainability Committee, formerly the Wildlife Preservation Committee, would allow the Committee to study these issues. The operability of the water tanks in the City during a major earthquake was also discussed. In reply to a query, Mr. Wind and staff indicted that they would research whether individual homeowners could dig water wells on their property. Following the discussion, Mr. Wind explained that water conservation ordinances are being considered in other cities. He indicated that he would keep the City apprised of the water situation in California. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued 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. Minutes City Council Meeting 06/23/08 -2- 1 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 provided an overview of the ordinances and indicated that they are being presented this evening for second reading and adoption. Mayor Hill opened the public hearing and called for testimony. Hearing none, he closed the public hearing and called for a motion. Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 311, Ordinance No. 312 and Ordinance No, 313. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. OLD BUSINESS CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 2008-09. RESOLUTION NO. 1038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING' THE FY 2008-09 CITY OF ROLLING HILLS 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, UTILITY FUND AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2008-09. RESOLUTION NO. 1039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2008-09 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. City Manager Dahlerbruch introduced Resolution No. 1038 adopting the FY 2008-09 budget and Resolution No. 1039 establishing the FY 2008-09 appropriation limit and indicated that the resolutions are being presented this evening for adoption. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 1038 and Resolution No. 1039. Councilmember Lay seconded the motion which carried unanimously by those Councilmembers in attendance. NEW BUSINESS REJECTION OF BIDS FOR CITY HALL. LOBBY AND RECEPTION AREA RENOVATION PROJECT AND AUTHORIZATION TO RE -BID THE PLANS AND SPECIFICATIONS City Manager Dahlerbruch presented the staff report providing background regarding the proposals submitted for the City Hall Lobby and Reception Area Renovation Project. Comments were offered regarding the costs to complete the project submitted by the responders to the request for proposals and the original estimates provided to the Council. Councilmember Lay moved that the City Council reject the bids received for the City Hall Lobby and Reception Area Renovation Project and that staff be directed to report on the estimated costs and other matters related to the scope of the project at an upcoming meeting. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. CONSIDERATION OF RESOLUTION NO. 1040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REPEALING RESOLUTION NO. 753, RESOLUTION 967 AND RESOLUTION NO. 974 AND PROVIDING FOR A CITY OF ROLLING HILLS NATURAL ENVIRONMENT AND SUSTAINABILITY COMMITTEE, PRESCRIBING ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES. Minutes City Council Meeting 06/23/08 -3- City Manager Dahlerbruch introduced Resolution No. 1040 relative to the establishment of the Natural Environment and Sustainability Committee and reported on additions to the resolution that are recommended by staff. Mr. Roger Sommer, Chair of the Natural Environment and Sustainability Committee, explained the new goals and objectives of the Committee. He highlighted the three areas of environmental assessment, green plans and programs and education and outreach that will be addressed by the Committee and commented on the membership of the Committee. Mr. Terry Rhodes, Committee Member, commented on the membership requirements of the Committee. Discussion ensued regarding the resolution. It was suggested that there should not be a limit on the age of prospective members. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1040 as amended as follows: In Section 3, remove b) at least 18 years of age. In Section 5 add, "If a member of the Committee is absent for five meetings in any twelve- month period, the office becomes vacant automatically. The Commission shall immediately notify the City Council of the vacancy." Modify Section 7 to read, "The Rolling Hills Natural Environment and Sustainability Committee shall conduct regular meetings monthly on a predetermined schedule and time to be established by the Committee. Special meetings may be called by the Chair as deemed necessary in the manner prescribed by law. The Committee shall observe the following rules in the conduct of their meetings and business:" Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. 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. He also indicated that he feels that the project at 40 Portuguese Bend Road benefited from the City's approval to allow the use of excess soil to soften the look of the property from Portuguese Bend Road. CONSIDERATION OF LOGISTICS AND DETAILS FOR THE CITY OF ROLLING HILLS VOLUNTEER RECOGNITION PROGRAM It was suggested that Councilmembers forward their comments regarding the guests to be invited to the Mayor who would be authorized to finalize the list at his discretion. MATTERS FROM STAFF - Continued City Manager Dahlerbruch announced that the City Council historic photograph would be taken at 6:00 p.m. on Monday, July 14, 2008. He also reported that he had heard verbally from Allied Waste that they would be merging with Republic. At 8:25 p.m. the City Council convened into closed session. 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. Minutes City Council Meeting 06/23/08 -4- 1 1 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. 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. Initiation of Litigation G.C. 54956.9(c) One Case At 9:30 p.m. the City Council reconvened into open session. The City Attorney announced that the City Council discussed the potential initiation of litigation and labor negotiations items listed on the closed session agenda and that no reportable action was taken in the closed session. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:30 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 14, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved Fr E. Hill Mayor Minutes City Council Meeting 06/23/08 FWD Respectfully submitted, '4,}C/Y`J Marilyn Kern Deputy City Clerk -5-