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.
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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.
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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.
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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
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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
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