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1/11/2010 MINUTES OF A REGULAR MEETING � OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA . MONDAY,JANUARY 11, 2010 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. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Lt. Greg Ahn, LA County Sheriff's Department, Lomita Station. Battalion Chief Flores, LA County Fire Department Scott Gobble, Regional Manager, Public Affairs, SCE Marvin Jackmon, Regional Manager, Public Affairs, SCE 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 23, 2009. RECONIlV�NDATION: Approve as presented. B. Payment of Bills. RECOMIVIENDATION: Approve as presented. C. Financial Statement for the Month of November, 2009. RECOMIV�NDATION: Approve as presented. D. Consideration of the City Council Approved Vendor List. RECOMII�NDATION: Approve as presented. E. Consideration of a request for a Birds of Prey presentation by the South Bay Wildlife Rehab Organization on May 17, 2010. RECONIlV�NDATION: Approve as presented. F. Consideration of a Notice of Completion for the replacement of three-rail fencing in the City Hall parking lot in the City of Rolling Hills. RECOMI��NDATION: Approve as presented. G. Allied Recycling Tonnage Report for November 2009. RECOMI��NDATION: Receive and file. H. Correspondence from Southern California Edison regarding Southern California Edison Company Rate Application: A.09-11-011. RECOMMENDATION: Receive and file. I. Fire Fuel Reduction Ad Hoc Committee, December 10, 2009 and December 22, 2009 Meeting Notes. RECOMI��NDATION: Receive and file. J. FinanceBudget Subcommittee, December 14, 2009 Meeting Notes. RECOMI��NDATION: Receive and file. K. Solid Waste Subcommittee, December 14, 2009 Meeting Notes. RECOMIV�NDATION: 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. Minutes City Council Meeting 01/11/10 -1- CONIlVIISSION ITEMS None. PUBLIC HEARINGS 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. ORDINANCE NO. 317 - AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REPEAL IN ITS ENTIRETY SECTION 17.27.020 WATER EFFICIENT LANDSCAPING - REQUIREMENTS OF THE ZO1�TING CODE IN TITLE 17 (ZONII�TG) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Dahlerbruch presented the staff report for Ordinance No. 316 and 317 stating that Ordinance No. 317 is to repeal a section of the Zoning Code pertaining to water efficient landscaping requirements and Ordinance No. 316 will add a section to the Municipal Code under Title 13 Water and Sewer to address the requirements of the Water Conservation in the Landscape Act as set forth by the State of California. He further stated that based on the City Council's direction at their last meeting, Ordinance No. 317 has been revised and is being presented for introduction and first reading noting that on,the dais are three pages containing additional changes to the Ordinance which reflect slight modifications that were made for clarification purposes. Mayor Heinsheimer opened the public hearing on Ordinance No. 316 and 317 and called for public testimony. Hearing no testimony, Mayor Heinsheimer closed the public hearing. Councilmember Lay suggested that on circle page 9 in section B 1 the second sentence, stating, "Approved turf parkways or roadway easements shall not be counted toward the 40% turf limitation."be removed since that statement is not applicable in the City of Rolling Hills. Following discussion, Councilmember Hill moved that the City Council introduce Ordinance No. 316 as amended and 317 as presented, waive full reading of the ordinances and schedule the second reading. Councilmember Lay seconded the motion which carried by the following roll call vote: AYES: Councilmembers Black, Hill, Lay,Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: None. ABSTAIN: None. The second reading was scheduled for the January 25, 2010 meeting of the City Council. OLD BUSINESS AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AN AGREEMENT 1N AN AMOUNT NOT TO EXCEED $15,000 FOR A CONSULTANT FOR PUBLIC INFORMATION AND EDUCATION REGARDING FIRE FUEL REDUCTION STRATEGIES (ORAL). City Manager Dahlerbruch stated that as previously discussed, the City and RHCA sought proposals for a consultant to develop fire fuel reduction and structure protection recommendations. He stated that in the process of reviewing those proposals and in speaking with a consultant that fire fuel reduction outside the 200 ft. radius of the structure is not relevant if the 200 ft directly around the structure is not appropriately maintained. He further stated that based on that information, the ad hoc committee re- focused its direction on how to educate residents about structural protection, specifically about how to provide residents with information on how to achieve the clearance more as a step-by-step process. He further stated that the ad hoc committee reviewed brochures prepared by other organizations and looked at a concept table of contents for a brochure that could be prepared for the Rolling Hills Community. Recognizing that the City staff and RHCA staff are not experts in fire fuel reduction; the majority of the ad hoc committee agreed that having a consultant to work through the details would be of benefit to the community. He stated that in reviewing the proposals, one proposal stood out as being in concept, the direction the ad hoc committee was going and was within the budget. He stated that the proposal is on the dais and available for the public. He noted that the Association has appropriated $15,000 toward the project and it is being requested that the City allocate $15,000 as well for a joint project with the Community Association. He stated that from a timing perspective, it would be beneficial to have the Minutes City Council Meeting O1/11/10 '2' consultant retained prior to the Association Annual Meeting so that the individual could be in the City for two days in concert with the meeting at which time they could meet with the Ad Hoc Committee, meet with appropriate residents and attend the RHCA Annual Meeting in order to become familiar with the City. He stated that before the City Council is a request for the City Council to authorize the City Manager and City Attorney to enter into an agreement with a consultant not to exceed $15,000. He further stated that the funds are currently.in the budget under the contingency account thus not requiring an appropriation. Battalion Chief Flores addressed the City Council stating that the Forestry Department offers a similar service for residences within the fire district at no cost. He said that he does not know exactly what the City is looking for, but in review of the proposal, there may be a cost savings in having the Forestry Department do the work. He stated that in the long term, the City would save the money by utilizing a service that is already offered. He said that he would recommend that the City utilize the Forestry/Fire Prevention services offered by the County. He stated that they would be glad to help the City with this exact project. Further noting that depending on the relationship with the Consultant the City may want to pay that kind money for a specialist but he is offering the Fire Department to do some of the work or at least start it and see what the City Council's impression is. City Manager Dahlerbruch stated that he appreciates the offer and if the Fire Dept is willing to do the work then the City should embrace it; but that in past conversations, the Fire Department suggested that they won't and they actually provided the City with contacts to have the work done. Following further discussion, Mayor Pro Tem Pernell moved that the City Council authorize the City Manager and City Attorney the discretion to execute an agreement if the Fire Department will not perform the work itself. The motion failed due to lack of a second. Chief Flores further addressed the City Council stating that he spoke with Chief Nugent and he agreed that the City Council should write a letter to the Fire Department expressing the City's needs. Following further discussion, Councilmember Lay moved that City Council authorize the City Manager . to execute an agreement in an amount not to exceed $1,000 to cover one half of the cost for a consultant to preliminarily visit with the City for two days; and direct staff to send a letter to the Forestry Division of the Los Angeles Counry Fire Department requesting their preparation of public information and educational material and report back to the City Council. Mayor Pro Tem Pernell seconded the motion, which carried on a 4-1 vote with Councilmember Black dissenting. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 1079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION ACT OF 2010. City Manger Dahlerbruch presented the staff report on Resolution No. 1079 stating that the League of California Cities is requesting each City's support of a ballot measure to protect local funds from being taken by the State. Councilmember Hill moved that the City Council adopt Resolution No. 1079 in support of the Local Taxpayer, Public Safety and Transportation Act of 2010. Councilmember Lay seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. -PUBLIC COMI��NT WELCOME Scott Gobble addressed the City Council introducing Marvin Jackmon who is the new Regional Manager of Public Affairs for Southern California Edison. He stated the he and Mr. Jackmon will work together in the South Bay with Mr. Jackmon handling Hawthorne, Inglewood and the four cities on the Palos Verdes Peninsula; while Mr. Gobble will handle Torrance, Lomita and the four beach cities. Councilmember Black asked Mr. Goble for an update on the repeated power outages. Mr. Gobble stated that there were 13 outages between October and December and that when the last outage occurred in December, Edison crews were able to determine the cause of the outages and make the repairs necessary to solve the problem. Mr. Gobble stated that Edison has been directed by the Public Utilities Commission to do additional line clearing in the high fire areas, one of which Rolling Hills is in. He further stated they will be conducting Minutes City Council Meeting O1/1I/10 -3- more extensive trimming than they have in the past at Edison's expense. Mayor Heinsheimer asked that Edison keep the City informed as to the status of the tree trimming. MATTERS FROM MEMBERS OF THE CITY COUNCIL REVIEW AND DISCUSSION OF THE STATUS AND NEXT STEPS RELATIVE TO THE SOLID WASTE FR.ANCHISE AGREEMENT(ORAL). City Manager Dahlerbruch reviewed the City's solid waste service, the pilot collection program and the options relative to the Solid Waste Franchise agreement. He then reviewed the recommendations of the Solid Waste/Recycling Subcommittee. Following brief discussion, staff was directed to prepare a letter, for the City Council's consideration at their meeting on January 25, 2010, to be sent to Allied Waste expressing the City's intent to enter into a new five-year agreement. MATTERS FROM STAFF None. 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. - s G.C. 549569(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 recessed into closed session at 8:15 p.m. City Attorney Jenkins reported that the City Council discussed Sheen/Jonas lawsuits in closed session and that no reportable action was taken. The meeting was back in open session at 8:32 p.m. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:35 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, January 25, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce Deputy City Clerk Approved • � Thomas F. einsheimer Mayor Minutes City Council Meeting 01/11/10 '4'