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11/9/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HELLS, CALIFORNIA MONDAY, NOVEMBER 9, 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, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: Lay (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Lt. Greg Alm, LA County Sheriffs Department, Lomita Station. Kathleen McGowan, P.E., Environmental Consulting. 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 October 26, 2009. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C Resolution No. 1077: A Resolution of the City Council of the City of Rolling Hills authorizing the destructin of certain City records as provided by Section 34090 of the Government Code of the State of California. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for September 2009. RECOMMENDATION: Receive and file. E. Correspondence from Cox Communications regarding change in set top receiver requirements. RECOMMENDATION: Receive and file. F. Correspondence from Southern California Edison regarding Southern California Edison Application to Increase Residential Electric Rates Effective January 1, 2010, Application No. 09-10-014. RECOMMENDATION: Receive and file. G. Correspondence from County Sanitation Districts of Los Angeles County regarding Monthly Transaction Report, September 2009 and Report of Investments, Quarter Ending September 2009. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City, Council approve the items on the consent calendar. Councilmember Black seconded the motion, which carried unanimously by those Councilmembers present. COMMISSION ITEMS A. RESOLUTION NO. 2009-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING MODIFICATION TO PREVIOUSLY APPROVED PROJECT, APPROVED BY RESOLUTION NO. 2009-02 FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, ROADWAY Minutes City Council Meeting 11/09/09 -1- ACCESS AND CONSTRUCTION OF A RETAINING WALL. THE MODIFICATION CONSISTS OF AMENDING THE HEIGHT, MATERIAL AND METHOD OF CONSTRUCTION OF THE WALL ALONG THE ROADWAY ACCESS ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 762 - MODIFICATION, AT 3 POPPY TRAIL, (LOT 8 -PT), (JONAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Planning Director Schwartz presented Resolution No. 2009-09 that was approved by the Planning Commission at their meeting of October 20, 2009. She stated that the resolution is for a modification to the wall to be constructed as a part of the access road. She stated that the original access was approved with a three-foot wall on the western or upper side of the access road and a curb on the lower side. She stated that the modification is to construct a Mechanically Stabilized Earth (MSE) wall in place of the previously approved curb on the roadway access to the recreation room. She stated that the change does not affect the development standards or grading. She stated that the Planning Commission held several public hearings on this project and requested that applicant have the wall approved by the County prior to approval of the project. She stated that per the report from the Los Angeles County Soils and Geology division they accept the proposal. Councilmember Black asked why the applicant is submitting this change. Planning Director Schwartz responded that the Planning Commission asked the same question to which the applicant responded that it was a faster, less expensive method and that it would be less visible because it would be landscaped. Following further discussion, Mayor Pro Tem Pernell moved that the City Council receive and file Planning Commission Resolution No. 2009-09. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers present. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS A. DISCUSSION OF TMDL REQUIREMENTS AND APPROACH TO COMPLIANCE WITH TMDLS. Kathleen McGowan, P.E. presented an update regarding the Machado Lake Total Maximum Daily Load (TMDL) requirements for trash and nutrients. She stated that there are three options available for compliance with the Nutrient TMDL. She further reviewed the three options which include: participation in the City of Los Angeles Lake Water Quality Management Plan; demonstrating compliance via a concentration -based monitoring program; or demonstrating compliance through an annual mass based loading reduction. Following further discussion, staff was directed to proceed with investigating the use of a concentration -based method to evaluate/establish compliance with the Nutrient TMDL targets in a combination effort with the other Peninsula cities and to report back to the City Council with the cost of the program and procedures. Staff was further directed to begin discussions with the Regional Water Quality Control board regarding the MS4 permit. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Scott Gobble, Southern California Edison addressed the City Council concerning the recent power outages stating that since October 13, 2009, there have been eight outages on one set of lines that feeds 850 Edison customers — 150 in the City of Rolling Hills; further noting that the last outage occurred on November 2, 2009. He stated that because of the fire protection equipment, anytime there is an outage, a live person has to look at everything before the power is turned back on. He said it does not come back on automatically and the reason for that is to protect the residents from fire. He said that is also the reason for the lengthy (5-6 hour) outages. He said that the Edison technicians have to inspect the equipment to make sure that everything is functioning properly. He also stated that RHCA staff has been out to inspect the canyons for trees, metallic balloons or anything that may be blowing into the wires and possibly causing the outages. Minutes City Council Meeting 11/09/09 -2- 1 n 1 MATTERS FROM MEMBERS OF THE CITY COUNCIL A. DISCUSSION OF CRITERIA FOR HOLIDAY OPEN HOUSE INVITATION. City Manager Dahlerbruch presented the staff report containing the revised Holiday Open House invitation list per the criteria suggested by Councilmember Hill. Staff was directed to proceed with the revised invitation list. MATTERS FROM STAFF A. DISCUSSION OF SERVICES PROVIDED FOR CITYWIDE REPLACEMENT OF TRAFFIC STRIPING & PAVEMENT MARKINGS. City Manager Dahlerbruch presented the staff report related to the services for traffic striping and pavement markings. He stated that through a service request the City could utilize Los Angeles County services to provide the traffic striping services. Following discussion, staff was directed to proceed with submitting a service request to the County for street striping. City Manager Dahlerbruch further stated that a public hearing will be agendized on the November 23, 2009 City Council agenda relative to consideration of a revised resolution of the Shoemaker/WitteBellis view impairment case. He stated the parties have come to a mutual agreement and are requesting that the City Council amend its resolution. City Manager Dahlerbruch also showed for the City Council's information, a sample of the material to be used for the replacement of the 3 -rail fence behind the RCHA building. 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(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. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:52 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, November 23, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approve , Thomas F. Mayor Minutes City Council Meeting 11/09/09 Respec�t�fu�lly su itt�e�d,� _ ��� 1;�iA.I,Q �li(�(J Heidi Luce Deputy City Clerk -3-