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MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, FEBRUARY 9, 2009
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at
7:35 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Council members Present:
Council members Absent:
Others Present:
CONSENT CALENDAR
Black, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
Lay (excused).
Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, Interim Deputy City Clerk.
Lt. Greg Alin, LASD, Lomita Station.
Samuel Pena, Municipal Cities Liaison, Consolidated Disposal Service
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 January 26, 2009.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Consideration of the Notice of Completion for the FY 08/09 Replacement of Traffic
Striping and Pavement Markings project and approval of Change Order No. 1 for
additional striping. .
RECOMMENDATION: Approve as presented.
d. Solid Waste / Recycling Subcommittee, January 26, 2009 Meeting Notes.
RECOMMENDATION: Receive and file.
e. Allied Recycling Tonnage Report for December 2008.
RECOMMENDATION: Receive and file.
f. Correspondence from Cox Communications regarding Rate Adjustment and Channel
Line-up addition.
RECOMMENDATION: Receive and file.
g. Acceptance of drop down projection screen donation.
RECOMMENDATION: Approve as presented.
h. Consideration of an agreement with MSW Consultant for solid waste consultant services
and authorization of an appropriation of $27,640 from budget contingency funds for this
purpose.
RECOMMENDATION: Approve as presented.
i. Alternative Energy Ad Hoc Committee, January 28, 2009 Meeting Notes
RECOMMENDATION: Receive and file.
Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the consent calendar.
Council member Black seconded the motion, which carried unanimously by those council members in
attendance.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2009-01. A RESOLUTION OF THE PLANNING COMMISSION OF THE
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City Council Meeting
02/09/2009
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CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND A CONDITIONAL USE PERMIT (CUP) TO ENLARGE AN EXISTING
SPORTS COURT INTO A TENNIS COURT AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY
DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 766, AT 3
MORGAN LANE, (LOT 170 -2 -MS), (DOUGLAS).
Planning Director Schwartz presented Resolution No. 2009-01 from the Planning Commission for a
sports court at 3 Morgan Lane. She stated that the applicant requested a Site Plan Review for grading as
well as a conditional use permit for the use, which is a sports court and a request for a variance for
disturbed area. She reported that currently existing on the property is a 3,520 square foot sports court
built in 1989. The applicant is proposing to enlarge it to a 6,950 sq. ft. tennis court. Planning Director
Schwartz stated that the development standards for this project will not exceed the City's development
requirements. The structural coverage is proposed at 16 percent and the total coverage, which includes
the structure and the impervious surfaces will be 25.7 percent. It. is proposed to be a clay court versus a
hard surface court. The grading is proposed at 336 cubic yards of cut and fill. Planning Director
Schwartz reviewed the plans which show the existing sports court. She noted that the drainage will be
taken down the hill. She pointed out that there is sewer line in the Los Angeles County sewer easement
across the back and that the applicant has received a tentative approval from the County to place the
sport court over the sewer line easement and will be recording an easement encroachment permit from
the County. The area in the rear yard setback is partially in a flood hazard area and the Los Angeles
County Flood Control District has indicated that they do not have an issue with the sports court
encroaching into the flood hazard area. The disturbed area of the lot is currently 50 percent with the
additional grading it will be 53.7 percent. The applicant is requesting a variance for the additional 3.7
percent of disturbed area. Planning Director Schwartz reported that the Planning Commission has
approved the application with the condition that there be no further development unless approved by the
Commission. She also reported that per City code, no tennis court lights will be allowed. Additionally,
the applicant has submitted a landscaping plan and the court will be screened. Council member Pernell
requested clarification on the surface being clay versus a hard surface. Planning Director Schwartz
confirmed that the court is proposed to be clay and that for drainage purposes the Planning Commission
and the County prefer an impervious surface. City Manager Dahlerbruch confirmed that the applicant
specifically requested a clay court. Following discussion, Mayor Pro Tem Heinsheimer moved that the
City Council receive and file Resolution No. 2009-01. Councilmember Black seconded the motion
which carried by the following roll call vote:
AYES: Council members Black, Pernell. Mayor Pro Tem Heinsheimer, and Mayor Hill.
NOES: None.
ABSENT: Council member Lay.
ABSTAIN: None.
TRAFFIC COMMISSION ITEMS
NONE.
PUBLIC HEARINGS
ORDINANCE NO. 314: AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING HILLS MUNICIPAL
CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES (1St
reading and introduction)
City Manager Dahlerbruch stated that in advance of renewing the Solid Waste franchise, Staff in
conjunction with the City Attorney's office has reviewed the Municipal Code Section on Solid Waste.
He reported that the provisions within the code go back to mid -1990's and are in some instances fairly
dated. Presented for consideration is a new Section 8.08 of the Municipal Code on Solid Waste.
City Manager Dahlerbruch stated that the staff report gives an overview of the intent and what most of
the changes are. In summary, the first intent was to clean up provisions that were dated, didn't make
sense anymore, or operationally didn't exist. For example, in the proposed ordinance, the definition of
"Holiday" lists the specific holidays as well as includes a sentence that states "Any other holidays that
are identified in the franchise." He stated that this creates a link between the franchise and the Ordinance
where as in the old version, there was no link.
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The second intent, probably more significantly, are the provisions relating to construction and
demolition waste. He stated that the Solid Waste Sub Committee has reviewed the ordinance and that
the revised Ordinance reflects what the Sub Committee recommended. The new ordinance provides that
for construction and demolition waste, any hauler collecting such waste must obtain a permit from the
City to operate within the City and a provision of that permit is that the hauler report where they are
picking up the construction and demolition waste. The permit will also require that the hauler recycle the
waste and report where it is being recycled on a project -by -project basis. There will be no limit to the
number of haulers that may obtain a permit. He reported that construction and demolition waste is the
City's biggest obstacle to meeting AB -939 requirements for diversion.
City Manager Dahlerbruch also reported that during the review of the ordinance, there was a
considerable amount of discussion with the Sub Committee relating to green waste. Specifically, how to
account for green waste that is kept within the City, specifically that which is chipped and put on trails
or spread over residents' yards. While it is not addressed specifically as a part of the ordinance
discussions with the consultant (MSW) suggest that the City may provide a form for residents to
complete when they chip their own waste thus giving the city information for use in creating a manual
report. Councilmber Black asked if the City can get credit for green waste being brought into the City
from outside. City Manager Dahlerbruh stated that Staff will work with the consultant to see if that is a
possibility.
Councilmember Black requested clarification on the number of permits that would be granted to haulers
and the process/cost associated with obtaining the permit. City Manager Dahlerbruch stated that there
would be no limit to the number permits issued and that the cost associated with obtaining the permit
would be commensurate with the cost of processing the paperwork. He further stated if the requirements
set forth in the permit are not met then the permit could be revoked. The City currently has
approximately five haulers working within the City. One of which has been somewhat problematic; Ace
Roll Off, specifically has historically been not reporting to the City.
City Manager Dahlerbruch reported that the proposed ordinance was reviewed by Allied Waste prior to
it being presented. He further noted that Allied Waste has been purchased by Republic Services, Inc.,
which is affiliated with Consolidated Disposal thus creating a change in personnel. The City's
management liaison, Dawn Harris has been replaced Sam Pena. City Manager Dahlerbruch introduced
Mr. Pena who was seated in the audience.
Mr. Pena introduced himself as the Municipal Cities Liaison for Consolidated Disposal Services which
is a Subsidiary of Republic Services, Inc. He gave the members of the City Council an overview of
Consolidated Disposal Services' position in the market, their service to the City and his professional
background.
City Manager Dahlerbruch noted there are a few typographical errors to be corrected prior to the second
reading of the Ordinance. On circle page seven the Section referenced in the second paragraph should
be changed to Section 8.08.580.0 instead of 8.08.740.E. Additionally in the sixth paragraph, the Section
referenced should be changed to Section 8.08.580.B instead of 8.08.550.I. Also on circle page 20 item
A-2, the word "other" should be removed from the second sentence.
Mayor Pro Tem Heinsheimer moved that the City Council waive the first reading and introduce
Ordinance No. 314 as amended in Sections 8.08.020, 8.08.410 and 8.08.580 to correct the typographical
errors. Councilmember Pemell seconded the motion which carried by the following roll call vote
NONE.
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AYES:
Council members Black, Pernell. Mayor Pro Tem Heinsheimer, and Mayor Hill.
NOES:
None.
ABSENT:
ABSTAIN:
Council member Lay.
None.
OLD BUSINESS
NONE.
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NONE
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Mayor Hill asked Lt. Greg Alm, LASD, Lomita Station if he had anything to report. Lt. Ahn stated that
he had nothing to report.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
NONE
MATTERS FROM STAFF
WILLDAN QUARTERLY REPORT (ORAL)
City Manager Dahlerbruch reported that Willdan is currently handling two cases and the process is
operating smoothly.
DISCUSSION AND CONSIDERATION OF JOINT POWERS AGREEMENT FOR LA-RICS
City Manager Dahlerbruch explained that LA-RICS is an inter -agency radio system being proposed and
coordinated by the County so that the cities and the County can communicate more effectively in an
emergency. Before the members of the City Council is a request from the agencies involved in preparing
the system that the cities and County join in a Joint Powers agreement to develop the system. The
recommendation is that the City not join the JPA from a financial and liability perspective. After
discussion, the members of City Council concurred with the Staff recommendation to not join the LA-
RICS JPA and further directed Staff to send a letter to the Sheriffs Department supporting the concept
of an inter -agency radio system.
Additionally, City Manager Dahlerbruch reported that a Planning Commission Workshop covering GIS,
CAD and grading is scheduled for Tuesday, February 10, 2009 at 5:30 pm at City Hall. He also reported
that a city resident, Craig Ekberg, who owns a roofing business, has offered to repair the broken tiles on
the City Hall roof at no cost to the City.
City Manager Dahlerbruch reported that Staff has prepared commendations for the Palos Verdes
Chamber of Commerce "Salute to Business Honorees."
City Manager Dahlerbruch reported that legal action will commence against Mr. Tsai regarding a non-
conforming wall on his property.
City Manager Dahlerbruch reported that a meeting is scheduled with the Sheriff s Department to discuss
their response efforts to recent burglaries.
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.
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No closed session was held.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting in memory of
long time member of the community and Block Captain, Charles Aylesbury at 8:24 p.m. The meeting
was adjourned to the next regular meeting of the City Council scheduled to be held on Monday,
February 23, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
Respectfully submitted,
46"L�b
Approved,
V"'�l'E `-� /
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Frank E. Hill
Mayor
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Heidi Luce
Interim Deputy City Clerk
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