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6/8/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JUNE 812009 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Pernell at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Councilmembers Present: Black, Hill, Lay and Mayor Pro Tem Pernell. Councilmembers Absent: Heinsheimer (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. James Walker, Interim Finance Director. Heidi Luce, Interim Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. Laura Walters, LA County Fire Department. Richard Henke, Chairman, Planning Commission. John Hunter, John L. Hunter & Associates. Kathleen McGowan, P.E., Environmental Engineer. Sam Pena, Republic Services, Inc. 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 11, 2009. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April, 2009. RECOMMENDATION: Approve as presented. D. Southern California Edison Company Application (A.) to Increase Rates: A. 09-04-009. RECOMMENDATION: Receive and file. E. Southern California Edison Company Application (A.) to Increase Rates: A. 09-04-018. RECOMMENDATION: Receive and file. F. Approval of a legal services agreement with Dapeer, Rosenblit & Litvak, LLP for Services pertaining to the Contract Cities liability trust fund. RECOMMENDATION: Approve as presented. G. Ordinance No. 315 - An ordinance of the City of Rolling Hills pertaining to barking dog and other animal noises hearing procedures and amending the Rolling Hills Municipal Code. RECOMMENDATION: Second reading and adoption. H. Allied Recycling Tonnage Report for April 2009. RECOMMENDATION: Receive and file. I. Consideration of an amendment to the 2009-10 City Council committee assignments. RECOMMENDATION: Approve as presented. J. Authorization for the City Manager to execute a professional services agreement with Judy Sherman for Administrative Hearings on an as -needed basis. Minutes City Council Meeting 06/08/09 -1- RECOMMENDATION: Approve as presented. K. General Public Ambulance Rates July 1, 2009 through June 30, 2010. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the items on the consent calendar. Councilmember Lay seconded the motion, which carried unanimously by those council members in attendance. Mayor Pro Tem Pernell then stated that agenda item number 7-A under New Business would be taken out of order and introduced Kathleen McGowan, P.E., Environmental Engineer to give a presentation relating to that item. OVERVIEW OF CURRENT AND FUTURE STORM WATER MANAGEMENT REQUIREMENTS. PRESENTATION BY: KATHLEEN MCGOWAN, P.E., ENVIRONMENTAL ENGINEER Ms. McGowan provided the members of the Council an overview of current and future storm water management requirements and the Total Maximum Daily Load (TMDL) requirements. She stated that the requirements are mandated by the Federal Clean Water Act and California's Porter -Cologne Act and added that the Municipal Storm Water Permit is the enforcement tool for total maximum daily loads. She stated that the permit requires six areas of implementation and the City implements those that apply. Ms. McGowan stated that the current permit has expired but a new permit is expected in the next 12 months. She stated that the Los Angeles Regional Water Quality Control Board, who has jurisdiction over Ventura and Los Angeles Counties, recently adopted a final permit for Ventura County and that it is expected that the Los Angeles County permit will contain similar provisions. Council Member Black asked if a copy of the permit is available for review. Ms. McGowan stated that the Ventura permit is available, but it may be contested. She also stated that when the draft permit for Los Angeles County is available, workshops including opportunity for comment will be held to discuss and review the permit. Ms. McGowan stated that the TMDL's are pollutant specific standards for particular water bodies. She then reviewed a water shed diagram showing which areas of the City drain to which water bodies, noting that the City is facing a trash, as well as nutrient (nitrogen and phosphorous) TMDL for Machado Lake. She stated that the trash TMDL requirement is about a year ahead of the nutrient TMDL and that the City has already begun work on the trash TMDL. The nutrient TMDL will follow. She then reviewed the compliance options for the trash TMDL stating that the best option for the City is to demonstrate, through monitoring, that the best management practices in place are effective and that the City does not discharge trash to the storm drain system. She stated that the plan that was submitted to the Regional Board was accepted with the one additional best management practice of picking up trash after a wind advisory in addition to the routine trash collection that is already done in the City. She stated that the quarterly monitoring portion of the plan is to be implemented in June 2009 with results to be submitted to the Regional Board in December 2010 for the first 18 months of monitoring. The intent is to demonstrate that the City is not generating any significant amount of trash. She added that in March 2013 the Regional Board is required to re-evaluate the TMDL before the final deadline of 2018 at which point, it will be requested that if the best management practices are adequate no further monitoring be required. She added that the items for consideration on the agenda are an agreement with John Hunter and Associates to carry out a monitoring plan for the next two years and additionally an agreement with the Rolling Hills Community Association to collect trash after a wind advisory. Ms. McGowan then provided a preliminary overview of the options for compliance with the nutrient TMDL and noted that she is not providing a recommendation at this time. She stated that the TMDL will require a reduction in nitrogen and phosphorous. After the overview and discussion concerning the sources of the nutrients and joint compliance options, Ms. McGowan stated that she would report again as more information concerning the requirements becomes available. Following Ms. McGowan's presentation, City Manager Dahlerbruch stated that there are two agreements on the agenda relating to the trash TMDL and introduced Planning Director Schwartz to provide the background. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH JOHN HUNTER AND ASSOCIATES FOR IMPLEMENTATION OF A MACHADO LAKE TRASH TMDL MONITORING AND REPORTING PLAN FOR THE CITY OF ROLLING HILLS. Minutes City Council Meeting 06/08/09 -2- 1 1 Planning Director Schwartz reviewed the implementation plan for the trash TMDL and stated that the agreement before .the City Council provides a two-year monitoring and reporting plan in compliance with the requirements. After discussion, Councilmember Lay moved that the City Council approve a professional services agreement with John L..Hunter and Associates for implementation of a Machado Lake trash TMDL monitoring and reporting plan. Councilmember Black seconded the motion which carried unanimously by those council members in attendance. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH THE ROLLING HILLS COMMUNITY ASSOCIATION FOR LITTER AND TRASH COLLECTION ALONG MAJOR ROADWAYS AND SELECT TRAILS IN CONFORMANCE WITH THE MACHADO LAKE TRASH TMDL MONITORING AND REPORTING PLAN FOR THE CITY OF ROLLING HILLS. Councilmember Lay moved that the City Council approve a professional services agreement with the Rolling Hills Community Association for litter and trash collection along major roadways and select trails in conformance with the Machado Lake trash TMDL monitoring and reporting plan. Councilmember Black seconded the motion which carried unanimously by those council members in attendance. COMMISSION ITEMS CONSIDERATION OF RESOLUTIONS ADOPTING THE 2009-10 FISCAL YEAR BUDGET AND ESTABLISHING THE 2009-10 FISCAL YEAR APPROPRIATION LIMIT: RESOLUTION NO. 1062: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2009-10 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; TRAFFIC SAFETY FUND; TRANSIT FUND - PROPOSITION A AND TRANSIT FUND -PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2009-10. RESOLUTION NO. 1063: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2009-10 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. City Manager Dahlerbruch stated that before the City Council is the proposed budget for the fiscal year 2009-10. He added that, as the staff report indicates, it is a "status -quo' budget with very few changes and enhancements from the prior year. He added that due to the projected State take -a -way of property taxes and a reduction in permit fees and interest that the budget relies on the utilization of reserves. He noted that the only addition to the budget is a line item for implementing a records retention program. Mayor Pro Tem Pernell opened the public hearing and called for testimony. Hearing none, he closed the public hearing. Councilmember Hill moved that the City Council adopt Resolution No. 1062 adopting the fiscal year 2009-10 budget and Resolution No. 1063 establishing the 2009-10 fiscal year appropriation limit. Councilmember Lay seconded the motion. Mayor Pro Tem Pernell called for discussion. Council Member Black stated that he would vote to approve the budget given some commitment from the Budget/Finance subcommittee that if by next year there is not additional revenue to balance the budget, that the committee will work to reduce the budget so as not to have to rely on reserves year after year. Council Member Lay stated that if necessary, the budget could be reduced to eliminate the need to use reserves, but that the City has been diligent over the years in building reserves to be used for this exact purpose. Hearing no further discussion, Mayor Pro Tem Pernell asked for the roll to be called. The motion carried by the following roll call vote: AYES: Councilmembers Black, Hill, Lay and Mayor Pro Tem Pernell. NOES: None. ABSENT: Mayor Heinsheimer. Minutes City Council Meeting 06/08/09 -3- ABSTAIN: None. OLD BUSINESS I NEW BUSINESS THIRD AMENDMENT TO THE AGREEMENT FOR SOLID WASTE AND RECYCLING COLLECTION, TRANSPORTATION, PROCESSING AND DISPOSAL SERVICES BETWEEN THE CITY OF ROLLING HILLS AND REPUBLIC SERVICES, INC. City Manager Dahlerbruch reviewed the third amendment to the agreement for solid waste and recycling collection, transportation, processing and disposal services stating that the existing agreement expires in June 2010 and that the City has begun negotiations toward renewal. He stated that the amendment would include no increase for 2009-10 and would extend, at the City's option, the existing agreement for one additional year from 2010 to 2011 at a CPI of 3.5 percent not to exceed 4.5 percent for that additional year beginning in January 2010. After discussion, Councilmember Lay moved that the City Council approve the Third Amendment to the Agreement for Solid Waste and Recycling Collection, Transportation, Processing and Disposal. Services between the City of Rolling Hills and Republic Services Inc. Councilmember Black seconded the motion which carried unanimously by those council members in attendance. OPEN AGENDA, - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME NONE MATTERS FROM MEMBERS OF THE CITY COUNCIL REGIONAL LAW ENFORCEMENT COMMITTEE UPDATE (ORAL) Councilmember Hill mentioned that the Regional Law Enforcement Committee met in May. Mayor Pro Tem Pernell provided an update on the status of the Sheriff's Department tolling agreement. Councilmember Hill noted that the quarterly traffic, crime and ambulance service statistics were also presented at the meeting. He added that the County is initiating a countywide mass notification system, similar to the City's system. Councilmember Black stated that he feels that the City should be concerned about the effect of the current recession on the community. MATTERS FROM STAFF REVIEW OF THE AGENDA FOR JULY 6, 2009 JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION. City Manager Dahlerbruch presented the staff report and agenda, providing background details concerning the Joint Meeting of the City Council and Planning Commission. He noted that the members of the City Manager Focus Group have also been invited to participate in the meeting. Councilmember Black asked that a discussion concerning hedges versus screening be added to the agenda. Staff was directed to revise the agenda to reflect the requested addition. 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. I G.C. 54956.8 Conference with Real Property Negotiator. Property: Parcel Nos. 7567 002 32, 7567 008 017, 7569 019 005 City's negotiator: City Manager Negotiating party: County of Los Angeles Under negotiation: Price and terms of payment Minutes City Council Meeting 06/08/09 fl G.C. 54956.9(c) Conference with Legal Counsel Initiation of litigation - one case. 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. The City Council adjourned into closed session at 8:41 p.m. City Attorney Jenkins reported that the City Council adjourned into closed session to discuss a matter of real estate acquisition. He stated that the City Council authorized the City Manager to proceed with the acquisition of certain parcels from the County of Los Angeles. He further stated that the Sheen litigation was also discussed and that no reportable actions were taken with regard to that litigation. Hearing no further business before the City Council, Mayor Pro Tem Pernell adjourned the meeting at 8:56 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, June 22, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Mayor Minutes City Council Meeting 06/0&/09 Respectfullys bmitted, ilt Alff Heidi Luce Deputy City Clerk -5-