Loading...
2/9/2009i, 1 1 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 Minutes City Council Meeting 02/09/2009 -1- 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. Minutes City Council Meeting 02/09/2009 -2- 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. Q1 3 1.1 ILIVM*i Minutes City Council Meeting 02/09/2009 -3- AYES: Council members Black, Pernell. Mayor Pro Tem Heinsheimer, and Mayor Hill. NOES: None. ABSENT: ABSTAIN: Council member Lay. None. OLD BUSINESS NONE. Q1 3 1.1 ILIVM*i Minutes City Council Meeting 02/09/2009 -3- 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. Minutes City Council Meeting 02/09/2009 -4- r 1 I� I� 1 1 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 `-� / _ P Frank E. Hill Mayor Minutes City Council Meeting 02/09/2009 Heidi Luce Interim Deputy City Clerk -5-