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7/14/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 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. Ewa Nikodem, Administrative Assistant. 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 23, 2008. RECOMMENDATION: Approve as presented b. Payment of Bills. RECOMMENDATION: Approve as presented C. Southern California Gas Company Notice of Filing of the Gas Cost Incentive Mechanism (GCIM), Application No. 08-06-016. RECOMMENDATION: Receive and file. d. Regional Law Enforcement Agreement. RECOMMENDATION: Approve as presented. e. Resolution No. 1041: A resolution of the City Council of the City of Rolling Hills establishing the Fiscal Year 2008-09 Merit Pay Plan. RECOMMENDATION: Approve as presented. f. Consideration of adoption of a Mediation Services Agreement. RECOMMENDATION: Approve as presented. g. Correspondence from Cox Communications regarding pending installation rate adjustment. RECOMMENDATION: Receive and file. h. Consideration of a restated and amended agreement for landscape maintenance for the Civic Center and Tennis Courts between the City of Rolling Hills and Mulligan Landscape Services. RECOMMENDATION: Approve as presented i. Southern California Gas Company notice of filing of low-income program with the Public Utilities Commission, Application No. A.08-05-25. RECOMMENDATION: Receive and file. In response to Councilmember Black, City Manager Dahlerbruch explained that two staff members will be attending CSTI training later this year. Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the consent calendar. Councilmember Lay seconded the motion, which carried unanimously. City Manager Dahlerbruch introduced Paul Yeh, the City's new Intern. He indicated that Paul is a double major at Vanderbilt University and during his 7 week long internship he will be assisting with a variety of tasks including disaster preparedness. Minutes City Council Meeting 07/14/08 -1- SPECIAL PRESENTATION Presentation from Area G Coordinator Mike Martinet regarding Golden Guardian Exercise being conducted in November, 2008 City Manager Dahlerbruch explained that the City will be participating in the statewide Golden Guardian emergency preparedness exercise in November. Golden Guardian exercise will take place over four days, however, the City will only be participating on Monday, November 17, 2008. The exercise will simulate a significant earthquake along the San Andreas Fault. Mike Martinet, Area G, indicated that this exercise is quite unique. This will be the first exercise that concentrates on one single real life scenario for the entire State of California. Also, this exercise will be based on scientific evidence. Scientists and engineers at USC have determined that the next major earthquake in Los Angeles area in the magnitude of 7.8 will probably take place within the next few decades. There will also be aftershock earthquakes and landslides. Mr. Martinet presented a power point simulation of a 7.8 earthquake that started in Palm Springs, simulating the earth -shaking intensity and showing a real-time clock indicating the length of the earthquake. It was shown that it took 60 seconds for the earthquake to reach the Los Angeles basin. Mr. Martinet indicated that there would not be a lot of shaking on the peninsula, but that the peninsula might get isolated as it will be surrounded by heavily damaged areas. He stated that major highways and roadways might not be accessible. Also, water pipes might get broken and utility lines might not be restored for weeks or months. He indicated that it is very important that the City and its residents be prepared for emergency. In response to a question from Councilmember Pernell regarding the availability of water, Mr. Martinet recommended that 55 -gallon plastic drums be purchased to store water for emergency purposes. It was recommended that this item be referred to the Disaster Preparedness Committee. Mr. Roy Itani, Los Angeles County Building and Safety Department, indicated that although there might not be a lot of shaking on the peninsula, the earth shaking may trigger landslides in the City. Following the presentation from Mr. Martinet, the City Council authorized the City Manager to close City Hall on Monday, November 17, 2008 for regular business to allow staff to participate in the statewide Golden Guardian exercise. This training exercise would be advertised in the citywide Newsletter, and volunteers from the Rolling Hills Women's Club will be asked to answer phone calls and greet walk-ins that day. The City Manager was also authorized to select residents to work in EOC and to schedule a disaster preparedness workshop for the City Council. PLANNING COMMISSION ITEMS A. RESOLUTION NO. 2008-10. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE APPROVAL FOR CONSTRUCTION OF A SWIMMING POOL, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK, ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT 1 SAGEBRUSH LANE, (LOT 100-A-2-RH) IN ZONING CASE NO. 753, (FAN). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background and history regarding the property. She indicated that the Planning Commission adopted Resolution No. 2008-10 granting approval in this case. Mayor Pro Tem Heinsheimer moved that the City Council- receive and file Resolution No. 2008-10. Councilmember Pernell seconded the motion which carried unanimously. B. RESOLUTION NO. 2008-11. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO PROPERTIES, HAVING ASSESSORS PARCEL NUMBERS (APN) 7567-15-09 AND 7567-15-10 AT 17 AND 19 GEORGEFF ROAD LOTS 27 -GF AND 28 -GF, IN ZONING CASE NO. 756, (YU). Minutes City Council Meeting 07/14/08 -2- C. RESOLUTION NO. 2008-12. - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES FOR LESS THAN THE REQUIRED LOT SIZE AND LOT WIDTH AT THE STREET FRONTAGE AND TO ENCROACH WITH THE EXISTING RESIDENCE INTO THE SIDE YARD SETBACK, AS A RESULT OF A LOT LINE ADJUSTMENT "BETWEEN 17 AND 19 GEORGEFF ROAD, AT 19 GEORGEFF ROAD, LOT 27 -GF IN ZONING CASE NO. 756, (YU /CASTOR). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the properties. She indicated that the Planning Commission approved the lot line adjustment as agreed by the property owners and adopted Resolution No.'s 2008-11 and 2008-12. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-11 and Resolution No. 2008-12. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS A. CITY HALL LOBBY AND RECEPTION AREA RENOVATION PROJECT. City Manager Dahlerbruch presented the staff report and provided details about the City Hall Lobby remodel project. He indicated that the City's emergency generator would need to be secured to properly function in an earthquake scenario and possibly upgraded by adding an additional auxiliary fuel tank to provide for longer run. He also indicated that structural building improvements to City Hall would be valuable to assure that the building will withstand a moderate or severe earthquake. City Manager Dahlerbruch concluded that approximately $20,000 would be sufficient to replace furniture and carpet, and asked for authorization to replace both. He also asked to be authorized to discuss issues for structural improvements to the City Hall building and .consider additional auxiliary fuel tank for the emergency generator with the Disaster Preparedness Committee. City Manager Dahlerbruch indicated that Mr. Roy Itani of L.A. County Building and Safety Department was available in the audience to answer any questions in regards to upgrading City Hall to current building code standards. In response to Mayor Hill, Mr. Roy Itani, Los Angeles County Building and Safety Department, indicated that the City Hall building was built in 1964. Since it was built we had two major earthquakes, however, the peninsula region did not experience any major shaking. He indicated that since this building is designated as an EOC and because it was built under old codes it would require some upgrades. He suggested that a building consultant be invited to do analysis and provide recommendations. He also mentioned that the City of Rolling Hills Estates just recently upgraded their City Hall building. Following discussion, City Council unanimously authorized the City Manager to let bids for carpet and furniture replacement up to $20,000 and to bid the anchoring of the emergency generator. City Manager Dahlerbruch was also directed to discuss seismic improvements to City Hall and auxiliary fuel for the emergency generator with the Disaster Preparedness Committee. Councilmember Lay indicated that he was 2 miles away from the epicenter of the San Fernando earthquake in 1971 and at that time no single story structure was damaged there. There was only one fire and the fire started from gasoline line breakage. Councilmember Black suggested that the recommendations by the Disaster Preparedness Committee be carefully considered in terms of cost before they are presented to the City Council for approval. NEW BUSINESS A. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH KATHLEEN MCGOWAN FOR IMPLEMENTATION OF NPDES PERMIT AND TMDL MATTERS Minutes City Council Meeting 07/14/08 -3- B. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A MACHADO LAKE TRASH TMDL MONITORING AND REPORTING PLAN FOR THE CITY OF ROLLING HILLS. City Manager Dahlerbruch presented both staff reports and provided Kathleen McGowan's and John Hunter's qualifications to provide technical guidance, support and training to the City, so the City can comply with the mandatory State's requirements. He explained that in 2003, Mrs. McGowan was selected by the City of Rolling Hills to provide consultation and to implement the requirements of the National Pollutant Discharge Elimination System and Total Maximum Load regulations. He further explained that throughout the years Mrs. McGowan has done excellent work preparing mandated reports and following all regulatory State storm water requirements. City Manager Dahlerbruch indicated that the City does not have the resources or scientific expertise to monitor storm water matters or to prepare and submit a Trash Monitoring and Reporting Plan by September 6, 2008. He indicated that the proposed agreement with John Hunter and Associates is a one-time agreement to prepare and submit the TMRP by 9 / 06 / 2008. In response to Councilmembers, Mrs. Kathleen McGowan explained that she is working with John Hunter and Associates quite frequently and that she is comfortable working with them. She also explained that the reason that she could not work on the TMRP report is because the report is due at the same time as other reports and currently she does not have the resources to complete all necessary reports on time. Councilmember Black expressed concerns about spending time and funds on preparing the mandatory reports instead of taking action and keeping the trash out of the drains by installing screens over drains. In response to Councilmembers, City Attorney Jenkins explained that State requirements are not going to become easier to comply with. He stated that, for the next few years, it is going to cost more to comply with the new regulatory requirements that are anticipated. He further explained that the City has a very complicated task to complete, and that, to avoid potential litigation, the City should comply with the State regulations and demonstrate that it does not cause storm water pollution. Following discussion and explanation from Kathleen McGowan, Councilmember Lay moved that the City Council approve the professional services agreement with Kathleen McGowan for implementation of the NPDES permit and the professional services agreement with John L. Hunter and Associates, Inc. for preparation of a Machado Lake Trash TMDL monitoring and reporting plan. Councilmember Heinsheimer seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Lay and Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL In response to Councilmember Black, City Manager Dahlerbruch indicated that no new information has been received with regard to Verizon undergrounding its utility line between 16 and 18 Portuguese Bend Road. Councilmember Pernell commented on his attendance at Rancho Del Mar high school graduation. MATTERS FROM STAFF City Manager Dahlerbruch indicated that the Volunteer Appreciation Luncheon would need to be rescheduled due to another peninsula -wide event on September 26. It was suggested that the event be scheduled on either Sunday -10 / 19 or 10 / 26. Staff was directed to confirm the dates with Councilmember Black and Councilmember Lay. Minutes City Council Meeting 07/14/08 -4- A. CITY MAP City Manager Dahlerbruch indicated that the new City Street Map is now available. He stated that the ad hoc subcommittee that was working on creation of the map suggested that the new map be distributed to all property owners. He further explained that the map is 8.5" x 11" and we could provide either electronic copies or hard copies of the map. City Manager Dahlerbruch indicated that the map does not include trails. He mentioned that the new map will also be used by the Traffic Commission at their meetings. It was suggested that hard copies of the new map be provided to the Rolling Hills Community Association to hand out as well. Following a brief discussion, it was concluded that the Mayor, • working with the City Manager, determine how to distribute the new.street map to residents. 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. 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. No closed session was held. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:03 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 28, 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 07/14/08 Respectfully submitted, `*,cam._ A,'\ l,, k"A, Ewa Nikodem Administrative Assistant -5-