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11/23/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 23, 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. *arrived at 8:10 p.m. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Lt. Greg Ahn, LA County Sheriff's Department, Lomita Station. Kit Bagnell, Los Angeles County Building and Safety Department. Laura Walters, LA County Fire Department. Bruce Arvizu, LA County Fire Department. 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 November 9, 2009. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of October, 2009. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for October 2009. RECOMMENDATION: Receive and file. E. Correspondence from Cox Communications Palos Verdes regarding: Channel Line -Up Additions Effective 12/07/09, Channel Changes Effective 12/15/09 and Channel Migrating Effective 12/15/09. RECOMMENDATION: Receive and file. F. Review of the Planning Commissioner Appointment Schedule for Terms Expiring in January 2010. RECOMMENDATION: Receive and file. G. Palos Verdes Peninsula Regional Law Enforcement Committee meeting minutes of February 12, 2009, May 14, 2009 and August 13, 2009. RECOMMENDATION: Receive and file. Councilmember Lay moved that the City Council approve the items on the consent calendar. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers present. COMMISSION ITEMS None. Minutes City Council Meeting 11/23/09 S! PUBLIC HEARINGS CONSIDERATION OF RESOLUTION 1078 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO AMEND RESOLUTION 1066 SETTING FORTH FINDINGS RELATED TO THE REMOVAL AND TRIMMING OF TREES AT 7 QUAIL RIDGE ROAD SOUTH DUE TO VIEW IMPAIRMENT FOR PROPERTIES AT 3 QUAIL RIDGE ROAD SOUTH AND 5 QUAIL RIDGE ROAD SOUTH. City Manager Dahlerbruch presented the staff report regarding Resolution No. 1078 noting that on August 24, 2009 the members of the City Council adopted Resolution No. 1066 setting forth findings related to the removal and trimming of trees at 7 Quail Ridge Road South. He further noted that since then, the parties involved in the Resolution have requested that the City Council consider modifications to the resolution. He stated that it is at the City Council's discretion whether or not to consider the requested modifications. He stated that before the City Council is a draft resolution which incorporates the parties' requested modifications. He noted that included in the staff report is a comparison of the old and new resolutions. He further stated that notice was given to the adjacent property owners based on the notice given relative to the previous public hearings and that each of the parties was provided a copy of the draft resolution and have not requested any further modifications. Mayor Heinsheimer opened the public hearing and called for public testimony. Hearing none, the public hearing was closed. Councilmember Lay moved that the City Council adopt Resolution No. 1078 to amend Resolution No. 1066 setting forth findings related to the removal and trimming of trees at 7 Quail Ridge Road South due to the view impairment for properties at 3 Quail Ridge Road South and 5 Quail Ridge Road South. Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black (arrived at 8:10 p.m. - absent from vote) ABSTAIN: None. ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. Planning Director Schwartz presented the staff report regarding Ordinance No. 316 which is an update of an existing ordinance passed in 1993. She noted two corrections to the ordinance as presented. Mayor Heinsheimer opened the public hearing on Ordinance No. 316 and called for public testimony. Discussion ensued concerning the self -certification requirement, the licensing requirements and compliance. Following discussion, Mayor Pro Tem Pernell moved that the City Council introduce Ordinance No. 316, waive full reading of the ordinance and schedule the second reading as amended. Councilmember Hill seconded the motion which carried by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black (arrived at 8:10 p.m. - absent from vote) ABSTAIN: None. The public hearing was continued to the January 11, 2010 meeting of the City Council. OLD BUSINESS CONSIDERATION OF APPLICATION FOR THE ENERGY EFFICIENCY CONSERVATION BLOCK GRANT PROGRAM City Manger Dahlerbruch presented the staff report regarding the application for the Energy Efficiency Conservation Block Grant. He stated that the energy efficiency consultants evaluated City Hall which was the only facility eligible for the grant concluding that with modifications only a small savings would be realized and that it would not be worth pursuing the grant for such modifications. He stated that staff concurs with the consultants recommendation. Staff was directed not to submit an application for the Energy Efficiency Conservation Block Grant program. Minutes City Council Meeting 11/23/09 -2- NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME HONORABLE ASSEMBLYMEMBER BONNIE LOWENTHAL. Assemblymember Lowenthal addressed the City Council providing an update on the State's budget and an overview of the legislation that she introduced that .signed by the Governor in the current legislative session noting that the Governor signed seven of the nine bills she introduced. MATTERS FROM MEMBERS OF THE CITY COUNCIL UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). - Mayor Pro Tem Pernell updated the City Council on the November 17, 2009 meeting of the Palos Verdes Regional Law Enforcement Committee stating that there are no major issues of concern at this time. MATTERS FROM STAFF CONSIDERATION OF THE CITY OF ROLLING HILLS AMENDMENT OF THE LOS ANGELES COUNTY BUILDING CODE REGARDING THE APPLICABILITY OF THE VERY HIGH FIRE HAZARD SEVERITY ZONE CONSTRUCTION REQUIREMENTS FOR ADDITIONS AND NEW CONSTRUCTION. City Manager Dahlerbruch presented the staff report regarding the applicability of the Very High Fire Hazard Severity Zone Construction requirements. He stated that staff is seeking direction as to how to proceed relative to the subject. Following discussion, staff was directed to prepare an ordinance and schedule a public hearing to amend the building code regarding the application of the very high fire hazard severity zone construction requirements. LOGISTICS FOR PARTICIPATION IN THE ROLLING HILLS ESTATES HOLIDAY PARADE (ORAL) City Manager Dahlerbruch stated that the City of Rolling Hills Estates has stated that they will only supply one vehicle to carry the Rolling Hills delegation in the parade. Following discussion, staff was directed to confirm only the Mayor's participation in the parade. 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. Minutes City Council Meeting 11/23/09 -3- ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:24 p.m. in memory of former Rancho Palos Verdes Councilmember, John McTaggart and longtime residents, Dr. Max Negri and Dr. Ana Negri. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, December 14, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully s bmitted, . 04W, Heidi Luce Deputy City Clerk Approved, Thorr> ems eimer Mayor Minutes City Council Meeting 11/23/09 -4- 1 1