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2/8/2010I 1 Hit U. O:P, INCORPORATED JANUARY 24,1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7283 NOTICE OF ADJOURNMENT DUE TO LACK OF QUORUM CITY OF ROLLING HILLS CITY COUNCIL NOTICE IS HEREBY GIVEN that a regular meeting of the City Council of the City of Rolling Hills scheduled for Monday, February 8, 2010, was adjourned clue to lack of quorum. The next regular meeting of the City Council will be held on Monday, February 22, 2010, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Dated this 81hday of February, 2010. QJ& " Heidi Luce Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss CITY OF ROLLING HILLS HEIDILUCE, being first duly sworn, deposes and says: That she is the duly appointed Deputy City Clerk of the City of Rolling Hills and that on February 8, 2010, she caused the above Notice to be posted on the door of Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. HEIDILUCE DEPUTY CITY CLERK MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY 22, 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 and Mayor Heinsheimer. Councilmembers Absent: Mayor Pro Tem Pernell. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Lt. Greg Alm, LA County Sheriff's Department, Lomita Station. Kathleen McGowan, P.E. Kristen Raig, RHCA. Sam Pena, Allied Waste. Bill Wingerning, 4 Johns Canyon Road. Bill Orton, Senator Rod Wright's Office. Spencer Karpf, 14 Caballeros Road. 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 Meetings of January 25, 2010. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement Month of January, 2010. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for January 2010. RECOMMENDATION: Receive and file. E. Consideration of approval of the General Services Agreement between the City and the County of Los Angeles and Adoption of Resolution No. 1081 - A Resolution of the City Council of the City of Rolling Hills Adopting the General Services Agreement between the City of Rolling Hills and the County of Los Angeles. RECOMMENDATION: Approve as presented. F. Correspondence from Cox Communications regarding Rate Adjustments—March 1, 2010 RECOMMENDATION: Receive and file. G. Consideration of modifications to the City of Rolling Hills Investment Policy and to the City of Rolling Hills Financial, Budget and Debt Policies. H. RECOMMENDATION: Approve as presented. Palos Verdes Peninsula Regional Law Enforcement Committee meeting minutes of November 17, 2009. RECOMMENDATION: Receive and file. I. Fire Code Ad Hoc Committee meeting notes of February 16, 2010. RECOMMENDATION: Receive and file. ITEMS FROM THE TRAFFIC COMMISSION J. Consideration of Traffic Commission recommendation of Staging Locations for the Refuse Hauler's "Mother Truck". RECOMMENDATION: Approve as presented. Minutes City Council Meeting 02/22/10 -1- K. Consideration of a request from the South Coast Chapter of the California Native Plant Society for a Garden Tour at 4 Appaloosa Lane and 20 Cinchring Road on Saturday, April 17, 2010. RECOMMENDATION: Approve as presented. City Manager Dahlerbruch stated that on item 3B, check number 20961 to Group Delta should be removed from consideration in the request for approval. Councilmember Black asked that item 3G be removed from the Consent Calendar for individual consideration. The Mayor so ordered. Councilmember Hill moved that the City Council approve the remaining items on the consent calendar. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 773 MR. AND MRS. PETER HUH, 1 CREST ROAD EAST ROAD, (LOT 1 -FT). SITE PLAN REVIEW TO CONSTRUCT A STABLE, CORRAL AND ACCESS THERETO, WHICH REQUIRE GRADING; VARIANCES REQUESTS TO CONSTRUCT A POOL, PORTION OF WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK; TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA AND TO PLACE THE CORRAL FURTHER INTO THE REAR SETBACK THAN ALLOWED ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING COMMISSION OR CITY COUNCIL. THE ABOVE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). City Manager Dahlerbruch stated that before the City Council is Zoning Case No. 773 which was approved by the Planning Commission and then taken under jurisdiction by the City Council. He stated that the applicant has since requested that the matter be withdrawn. He stated that before the City Council for consideration is Resolution No. 1082 acknowledging that the request has been withdrawn and vacating the Planning Commisssion's approval of the case. Mayor Heinsheimer opened the public hearing. Hearing no testimony, the public hearing was closed. Councilmember Lay moved that the City Council adopt Resolution No. 1082 accepting the withdrawl of an application and vacating the Planning Commission's approval for construction of a stable, corral and swimming pool in Zoning Case No. 773 at 1 Crest Road East. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. OLD BUSINESS CONSIDERATION OF JOINT MONITORING PLAN FOR MACHADO LAKE NUTRIENT TOTAL MAXIMUM DAILY LOAD AND RELATED ISSUES. City Manager Dahlerbruch stated that at the direction of the City Council, staff in consultation with Kathleen McGowan has been working to develop a cost effective, regional approach to compliance with the Machado Lake Total Maximum Daily Load (TMDL) requirements for nutrients. He stated that a proposed joint monitoring plan has been developed and presented to staff at the Regional Water Quality Board. He sated that the plan was developed with participation by all four of the Peninsula cites and the cost is proposed to be divided among the cities based on each city's area within the watershed; with the City of Rolling Hills portion being approximately $11,000 the first year with subsequent years being less as the monitoring requirement decreases. He stated that the intention is that if after the monitoring is conducted, if it can be demonstrated that there is no run off to Machado Lake then an application to withdraw from the requirement would be submitted. He stated that Kathleen McGowan is present to answer any questions. Following brief discussion concerning the wet -weather and dry -weather monitoring requirements, the City Council directed staff to continue working with the Peninsula cities to finalize the monitoring plan and submit to the Regional Board by March 11, 2010; develop a Memorandum of Understanding with the Peninsula cities to jointly contract for monitoring; and request the Peninsula cities work cooperatively using in-kind services from each of the consultants to develop an implementation plan for the Machado Lake Nutrient TMDL. Minutes City Council Meeting 02/22/10 -2- CONSIDERATION OF THE FIRST AMENDMENT TO THE AGREEMENT WITH CAROL RICE, WILDLAND RESOURCE MANAGEMENT, INC., FOR FIRE FUEL REDUCTION AND STRUCTURE PROTECTION INFORMATION AND SUPPORT. City Manager Dahlerbruch presented the staff report for consideration of an amendment to the existing agreement with Carol Rice of Wildland Resource Management, Inc. stating that the proposed scope of work is to complement what the Los Angeles County Fire Department has committed to do. He stated that as with the original contract, the cost is proposed to be split with the Community Association; with the City's contribution being approximately $11,750. He stated that Ms. Rice would prepare materials to explain best practices for brush clearance. He stated that the City received two letters in support of the proposal from Paul and Kay Lupo and Richard Colyear. He further stated the the Rolling Hills Community Association Board of Directors approved the amendment at their last meeting. Kristen Raig, RHCA Manager addressed the City Council stating that on behalf of the RHCA, she encourages adoption of the amendment to the agreement in support of the desires of the community. Following discussion, Councilmember Lay moved that the City Council approve the First Amendment to the agreement with Carol Rice, Wildland Resource Management, Inc for Fire Fuel Reduction and Structure Protection Information and Support. Mayor Heinsheimer seconded the motion. Following brief discussion, Mayor Heinsheimer tabled the motion so that Mayor Pro Tem Pernell may participate in the deliberation. The matter was continued to the next meeting of the City Council. o NEW BUSINESS Mayor Heinsheimer recused himself from participation in the discussion on the next two agenda items due to the proximity of his property relative to the matters for discussion. Council Member Lay took control of the meeting. CONSIDERATION OF AUTHORIZING A SEWER STUDY FOR AND AT THE REQUEST OF RESIDENTS OF JOHNS CANYON ROAD. City Manager Dahlerbruch provided the background and presented the staff report regarding a request from certain residents along Johns Canyon Road for the city to facilitate and manage a sewer study at the cost of the residents. Bill Wingerning, 4 Johns Canyon Road addressed the City Council stating that the sewer extension feasibility study as presented includes the interested property owners. Following discussion, the City Council directed staff to facilitate a Sewer Study to analyze the route, capacity, flow and cost of extending the sewer line on Johns Canyon Road at the expense of the interested property owners. CONSIDERATION OF AN AMENDMENT OF A SUBDIVISION DEVELOPMENT AGREEMENT RELATING TO AMENDING CONDITIONS OF APPROVAL FOR CONSTRUCTION OF IMPROVEMENTS FOR A PREVIOUSLY APPROVED PARCEL MAP NO. 26356, SUBDIVISION NO. 89, IN ZONING CASE NO. 615, 4 STORM HILL LANE. Council Member Lay stated that at the request of the applicant, consideration of this item will be continued to the next meeting of the City Council. Mayor Heinsheimer returned to his seat at the dais. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Bill Orton with Senator Rod Wright's office thanked the City Council on behalf of Senator Wright for taking action in nominating a resident for recognition as a 25`h Senate District Woman of Distinction. He stated that a luncheon will be held on Friday, March 5th at the Proud Bird in Los Angles to honor the nominees. He also stated that on March 26`h, the Senator will be having a "Senior Scam Stopper" event at the Palos Verdes Golf Club. The event is being conducted in conjunction with the PV Rotary with the doors opening at 11:00 a.m., the Rotary meeting taking place from 11:30 a.m. to 12:00 noon and the Scam Stopper event taking place from noon — 2:00 p.m. Spencer Karpf, 14 Caballeros Road, addressed the City Council regarding the Fire Prevention consulting Minutes City Council Meeting 02/22/10 -3- services. He specifically asked what type of consultative services the City was entering into relative to this item. Mayor Heinsheimer replied that the Amendment has not yet been approved, referred him to the staff report and invited him to attend the next meeting at which time, discussion will continue on the item. MATTERS FROM MEMBERS OF THE CITY COUNCIL ITEM REMOVED FROM THE CONSENT CALENDAR: 3G. Consideration of modifications to the City of Rolling Hills Investment Policy and to the City of Rolling Hills Financial, Budget and Debt Policies. RECOMMENDATION: Approve as presented. Councilmember Black asked for clarification regarding who will pay the broker, what are the CD rates and what is a Negotiable CD and a DTC? Following further discussion, no action was taken. Staff was directed to prepare responses to the questions raised and return the item to the City Council for consideration at their next meeting. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Discussion on this item was continued to the next meeting of the City Council. MATTERS FROM STAFF WILLDAN ANNUAL REPORT (ORAL) Planning Director Schwartz updated the City Council on the current projects that Willdan is managing. She stated that there are three projects that Willdan is currently managing and that they are going well. 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. The City Council recessed into closed session at 8:05 p.m. City Attorney Jenkins reported that the City Council recessed into closed session to discuss the Sheen/Jonas lawsuits and that the City Attorney was given direction but no reportable action was taken. The meeting was back in open session at 8:35 p.m. Mayor Heinsheimer asked for clarification regarding the withdrawl of the request in Zoning Case No. 773 (Agenda Item 5A) expressing concern that construction on the existing project must cease. City Manager Dahlerbruch responded that the project, per prior approvals is expected be completed; only the additional request for the stable, corral and swimming pool has been withdrawn. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:40 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, March 8, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Minutes City Council Meeting 02/22/10 -4- 1 1 1 Approve, Thomas ] Mayor Minutes City Council Meeting 02/22/10 Respectfullly*aK . sub d, Heidi Luce Deputy City Clerk