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9/14/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, SEPTEMBER 14, 2009 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer 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, Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Heidi Luce, Deputy City Clerk. Assistant Fire Chief Barry Nugent, LA County Fire Department. Deputy Brandon Epp, LA County Sheriff's Department, Lomita Station. Lt. Greg Ahn, LA County Sheriff's Department, Lomita Station. Scott Gobble, Southern California Edison. 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 August 24, 2009. RECOMMENDATION: Approve as presented. B. Minutes - Special Meeting of September 2, 2009. RECOMMENDATION: Approve as presented. C. Payment of Bills. RECOMMENDATION: Approve as presented. D. Personnel Subcommittee Meeting, August 24, 2009 Meeting Notes. RECOMMENDATION: Receive and file. E. (1) Consideration of Exceptional Performance Pay to the City Manager in the amount of 5% of salary. (2) Consideration of a Second Amendment to the Employment Agreement between the City of Rolling Hills and the City Manager. (3) Consideration of an agreement between the City of Rolling Hills and Conexis Benefit Administrators, LP for implementation of a Section 125 Premium Only Plan. (4) Approval of an update to the City's Employee Handbook and Personnel Policy Manual for inclusion of a Section 125 Premium Only Plan. RECOMMENDATION: Approve as presented. F. Consideration of a Web site Linkage Policy RECOMMENDATION: Approve as presented. G. Allied Recycling Tonnage Report for July 2009. RECOMMENDATION: Receive and file. H (1) Consideration of a Municipal Law Enforcement Services Agreement between the City of Rolling Hills and the County of Los Angeles for Law Enforcement Services. (2) Resolution No. 1069: A Resolution of the City Council of the City of Rolling Hills, California, Adopting the Municipal Law Enforcement Services Agreement between the City of Rolling Hills and the County of Los Angeles for Sheriff's Department Law Enforcement Services. RECOMMENDATION: Approve as presented. I. Consideration of Resolution No. 1070 A Resolution of the City Council of the City of Rolling Hills to dissolve the City of Rolling Hills Natural Environment and Sustainability Committee. Minutes City Council Meeting 09/14/09 me RECOMMENDATION: Approve as presented. J. Consideration of adoption of a Mediation Services Agreement. RECOMMENDATION: Approve as presented. K. Consideration of the extension of Resolution No 1068 A Resolution of the City Council of the City of Rolling Hills Proclaiming the Existence of a local emergency RECOMMENDATION: Approve as presented. PRESENTATION Overview of August 27-28, 2009 Fire Los Angeles County City Manager Dahlerbruch introduced Assistant Fire Chief Barry Nugent with the Los Angeles County Fire Department. Assistant Chief Nugent presented an overview of the emergency response to the August 27-28, 2009 fire. He reviewed the assisting fire agencies that were involved and stated that in total over 500 personnel responded to the fire. He stated the 230 acres burned, two single-family dwellings were damaged and two out buildings were destroyed; noting that initially 300 structures were threatened. He stated that the damage inspection report findings show a total loss of $155,000 further stating that 32 structures were saved resulting in residential loss prevention estimated at $22-35 million based on the County's calculations. He presented photographs showing how close the fire came to some structures stating that the photographs further illustrate the importance of clearance around structures. Assistant Fire Chief Nugent then reviewed the fire progression stating that that the fire started as a 50' x 50' spot fire with light winds from the west, in the area of Peppertree Drive and Narcissa Drive. He stated that the County experienced some communications issues associated with the fire and that those issues are being addressed. He further stated that they experienced difficulty getting fuel for the helicopters and that that issue is being addressed as well. He also reviewed the process for making the determination for resident evacuation. Deputy Brandon Epp with the Los Angeles County Sheriff's Department Lomita Station reviewed the Sheriff's Department's role in the evacuations and road closures associated with the fire. Following the presentations by the Fire and Sheriff's Departments, City Manager Dahlerbruch reviewed a chronological account of the City's response and actions related to the fire. He stated that starting Monday, August 31, 2009 the recovery effort began which included: an information update to residents in the burn area; roll -off bins placed in four locations in the burn area for the collection of fire debris; initiation of a dialogue with the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land Conservancy related to brush and re -vegetation in the land conservancy; and initiation of discussions with the Fire Department. He also stated that the Los Angeles County Department of Building and Safety has contacted residents in the burn area relative to structure damage and erosion control. City Manager Dahlerbruch reviewed the lessons leaned during the fire including the importance of the 200' clearance around structures for fire protection, that building materials are important in fire prevention and opportunities to improve the Emergency Operations Center (EOC). He further stated that since the Fire, discussions have begun with the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land Conservancy concerning a fire -break between the City and the Land Conservancy; City staff if working with Allied Waste to schedule two Saturday green waste pick up days in an effort to encourage residents to clear the dead vegetation and excessive brush from their property; City staff is obtaining aerial photographs of the burn area; and radios are being tested to aid in communications during an emergency. He stated that the City is taking several actions in moving forward. He stated that with relation to erosion control, per the County, the best strategy is to keep water from sheeting off the property. He stated that at the RHCA Annual Meeting, the City has been invited to present an overview of the fire and the City and RHCA are looking into fire fuel reduction strategies. He added that, relative to emergency preparedness, the lr-City will continue the block captain training and include articles in the newsletter. Lastly, he stated that a "thank you" event is being planned for first responders. Mayor Heinsheimer then asked the audience for questions stating that he would take all the questions first, then ask Assistant Chief Nugent or Deputy Epp to respond as appropriate. Alan Fiske, 3 Running Brand Road — Fire Department response time; difficulty navigating the City. Art Zimmerman, 12 Cinchring Road — Saturday operation of City Hall. Minutes City Council Meeting 09/14/09 -2- Laura Pena, 5 Ranchero Road— street safety, confusion on roads. Susan Woodley — 11 Upper Blackwater Canyon Road— what started the fire? Stan Wishner, 31 Portuguese Bend Road — information regarding commercially available fire retardants. Don Crocker, 14 Cinchring Road — how does fire crew choose the location to fight the fire from? Niels Pedersen — 4 Running Brand Road — Fire Department response time. In response to the questions regarding the Fire Department's response time and difficulty navigating the City, Assistant Chief Nugent stated that the responding agencies came from areas outside of the Penninsula resulting in a longer transit time; and the nature of the City, with its dark streets and small unlit address and street signs made it difficult for the responders. He reinforced the importance of residents being prepared and having the appropriate clearance around their properties. Discussion ensued concerning response time and it was requested that the Fire Department inform residents what they will change to improve the response the next time. Mayor Heinsheimer stated that City staff will be directed to coordinate with the Fire Department to discuss the lessons learned and what can be done better the next time for presentation at the RHCA Annual Meeting on January 20, 2010. In response to the question regarding where the fire started, Assistant Chief Nugent stated that the fire was accidental in nature and preliminary reports indicate an electrical source. In response to the question regarding information on commercially available fire retardants, Don Crocker responded he used such a product and can provide the product information. In clarification of the question regarding street safety and confusion on the roads, Ms. Pena stated that there were a lot of spectators parking on Crest Road to watch the fire; blocking the roadway and there was no emergency personnel directing traffic. Deputy Epp responded that personnel is assigned on a priority need basis and at the time, personnel was needed elsewhere. In response to the question regarding how the fire crews choose the location to position themselves to fight the fire, Assistant Chief Nugent stated that an evaluation is made based on the training and experience of the Captain of the crew. In response to the question regarding City Hall not being staffed on the Saturday after the fire, City Manager Dahlerbruch, stated that in the future, staffing arrangements could be made to ensure staff availability to answer resident questions. He noted that the answering machine was changed to give an update on the fire. Mayor Heinsheimer adjourned to a brief recess at 8:39 p.m. The meeting was called back to order by Mayor Heinsheimer at 8:45 p.m. COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 767. MR. JERRY TURPANJIAN, 0 PINE TREE LANE, (LOT RH 101-2). A REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE AND REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE AND TO CONSTRUCT A STABLE WITH CORRAL IN THE FRONT YARD ON A LOT THAT IS CURRENTLY VACANT. PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). City Manager Dahlerbruch provided an overview of the project stating that it is recommended that the City Council open the public hearing, receive public testimony and schedule a field trip to the site. He noted that in the Planning Commission resolution the standard condition that the trees not exceed the roofline of the house was inadvertently omitted and should be included in the resolution if so directed by the City Council. Doug McHattie, Bolton Engineering reviewed the background and details of the project. Following Mr. McHattie's presentation, Dale McHattie also of Bolton Engineering reviewed a computer rendering showing the proposed project. Minutes City Council Meeting 09/14/09 -3- Roger North, Robinson North Architects addressed the City Council to review the standards of the project. He distributed and reviewed a map and chart of a living space comparison plan which compared the habitable space on the surrounding properties. Paul Turpanjian, son of the applicant addressed the City Council. He stated that the Turpanjian's have lived in the City for 30 years, built two homes in the City and have a strong appreciation for the character of the community and a track record of cooperation and respect. He stated that the applicant has attempted to meet every attainable standard and further reviewed the coverage percentages. He stated that the only standard that could not be met was the disturbed area due to the circumstances of the lot. He further stated that the project utilized a 3:1 slope on the lower end of the property rather than the acceptable 2:1 slope and in doing so, although it required more disturbance it succeeded in conserving the natural contour of the land. Mayor Heinsheimer noted that it appears that the lot over time, was previously 100% disturbed. He asked if anyone could comment on the previous disturbance. Marianne Wishner, 31 Portuguese Bend Road stated the lot has previously been disced seasonally, very aggressively. Susan Woodley, I 1 Upper Blackwater Canyon Road addressed the City Council to express to concern for the size of the house and how it would be viewed from Upper Blackwater Canyon Road. Hearing no further testimony, the public hearing was continued to a field review at 0 Pine Tree Lane on Friday, October 9, 2009 at 9:00 a.m. CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING RESOLUTION NO. 1071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ESTABLISHING A RESERVE ACCOUNT WITHIN THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND MAKING APPROPRIATIONS THEREFROM. City Manger Dahlerbruch stated that staff recommends that the City Council open the public hearing, receive public testimony and adopt Resolution No. 1071. Mayor Heinsheimer opened the pubic hearing and called for testimony. Hearing none, the public hearing was closed. Councilmember Hill moved that the City Council adopt Resolution No. 1071. Mayor Pro Tem Pernell seconded the motion, which carried unanimously. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 1072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING BAIL/F1NE SCHEDULE FOR TITLE 10 VIOLATIONS. City Manger Dahlerbruch stated that before the City Council is a recommendation to adopt Resolution No. 1072 as received from the Sheriff's Department to include violations for driving while using a cell phone, texting and for not having proof of insurance. Mayor Pro Tem Pernell moved that the City Council adopt Resolution No. 1072. Councilmember Hill seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M., - PUBLIC COMMENT WELCOME Spencer Karpf, 14 Caballeros Road addressed the City Council concerning the recent fire. He stated that the fire should serve as a wake up call and the City Council should consider an ordinance for the removal of fire fuel and direct City staff to enforce the existing codes and regulations. Mayor Heinsheimer stated the City is cognizant of fire fuel issues and is working to address them. MATTERS FROM MEMBERS OF THE CITY COUNCIL, Minutes City Council Meeting 09/14/09 -4- 1 1. I Mayor Heinsheimer stated the City Council would now consider Item 3J that was removed from the Consent Calendar. J. Consideration of adoption of a Mediation Services Agreement. RECOMMENDATION: Approve as presented. Councilmember Lay suggested that the City Council consider amending the Ordinance related to View Impairment in that the determination of whether or not there is a view impairment should be considered before the case goes to mediation. Staff was directed to agendize the topic for consideration at a future meeting of the City Council. Councilmember Hill moved that the City Council approve the Mediation Services Agreement not to exceed $2,000. Mayor Heinsheimer seconded the motion, which carried unanimously. The members of the City Council discussed the proposed Fall Green Waste Cleanup dates versus having bins. Following discussion, staff was directed to confirm Fall Green Waste Clean-up dates with Allied. Staff was also directed to include notice in newsletter to remind residents to remove dead trees and discourage residents from being volunteer firefighters. Councilmember Pennell suggested that staff work with the Fire Department to address the communications issues that occurred during the fire. Staff was directed to facilitate Fire/Sheriff participation at RHCA Annual meeting on January 20, 2010. MATTERS FROM STAFF City Manager Dahlerbruch stated that the City was requested to provide certificates of commendation to recognize the Palos Verdes Peninsula Citizens of the Year and the Water Replenishment District for their anniversary. Hearing no objection, staff was directed to provide the certificates. 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(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. G.C. 54957.6 Conference With Labor Negotiators: City designated representatives: Personnel committee Unrepresented employee: City Manager The City Council recessed into closed session at 9:55 p.m. to discuss the Sheen/Jonas litigation and a negotiation issue with respect to the City Manager's Contract. City Attorney Jenkins reported that no reportable action was taken. He stated that the meeting is now back in open session for Council consideration of Item 3E from the Consent Calendar. E. (1) Consideration of Exceptional Performance Pay to the City Manager in the amount of 5% of salary. (2) Consideration of a Second Amendment to the Employment Agreement between the City of Rolling Hills and the City Manager. (3) Consideration of an agreement between the City of Rolling Hills and Conexis Benefit Administrators, LP for implementation of a Section 125 Premium Only Plan. (4) Approval of an update to the City's Employee Handbook and Personnel Policy Manual for inclusion of a Section 125 Premium Only Plan. Minutes City Council Meeting 09/14/09 -5- RECOMMENDATION: Approve as presented. Mayor Pro Tem Pernell moved that the City Council approve Item No. 3E in its entirety. Councilmember Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 10:27 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, September 28, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, 9 Mayor Respectfull su fitted, Heidi Luce Deputy City Clerk 1 1 Minutes City Council Meeting 09/14/09 -6-