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7/11/2011MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 11, 2011 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:31 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Ewa Nikodem, Administrative Assistant. Andy Lazzaretto, CJPIA, Poppy Trail Project Manager. 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 June 13, 2011. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of May, 2011. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for May, 2011. RECOMMENDATION: Receive and file. E. City Council Underground Utility Committee meeting notes of June 13, 2011. RECOMMENDATION: Receive and file. F. Personnel Committee meeting notes of June 30, 2011. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar. Councilmember Pernell seconded the motion, which carried without objection. Mayor Lay stated that with the City Council's concurrence, that a presentation from CJPIA on status of Poppy Trail remediation project be taken out of order. Hearing no objection, he so ordered. Andy Lazzaretto, CJPIA, Poppy Trail Project Manager addressed the City Council to provide an update on the Poppy Trail landslide remediation project. He reported that work began last May and by the end of June, 21 % of the work had been completed. He stated that grading is going very well and the goal is to complete the work by November 2011. Also, he reported that after the construction started some land movement was, noted on the existing landslide mass. It was not considered a threat to existing structures, neighboring properties or roadways. It occurred at the initial stages of grading. GMU, the project's geotechnical consultant monitored the movement closely and it was reported that the land movement was minor in nature, relatively slow and limited to the landslide within the project boundaries. No land movement on adjacent properties was determined. Based on the inclinometer readings and visual inspection, GMU reported that no detectable movement has occurred on the property at 24 Portuguese Bend Road. GMU continues their monitoring of the landslide mass and the inclinometer readings are done regularly, twice per week. Minutes City Council Meeting 07/11/11 -1- In response to Councilmember Pernell, Mr. Lazzaretto indicated that the construction crews are on the site from 7 am to 6 pm and no equipment is used past 6 pm. Mr. Lazzaretto also stated that due to the small size of the project site, the Hess's Gap Riding Ring was needed to store dirt. For protection of the surface of the ring, plastic was placed on the ring before dirt was placed on it. In addition, no vehicle or equipment has driven directly on the ring surface. The ring and the trails leading to the ring were closed and are planned to remain closed until the end of the calendar year. City Manager Dahlerbruch reported that articles on the progress of the project will continue to be placed in the Citywide newsletter. PRESENTATIONS Presentation to the members of the Disaster Preparedness Committee for their service to the City of Rolling Hills Mayor Lay thanked the members of the Disaster Preparedness Committee for their volunteer service to the community. He commended their dedication, ideas and contributions to the City. Mayor Lay presented the Disaster Preparedness Committee members with certificates of commendation and thanked each member for their service. Mr. Donovan Black, Dr. Ralph Black, Mr. Dave Breiholz, Mrs. Sue Breiholz, Mr. Don Crocker, Mr. Gene Honbo, Mrs. Kay Lupo. Mrs. Leah Mirsch, Mrs. Marion Ruth, Mrs. Leslie Stetson. Mrs. V'Etta Virtue, Mr. Martin Waters were in attendance and each received the City Council Commendation at the meeting. Disaster Preparedness Committee members: Mrs. Susan Chung, Mr. Richard Colyear, Mr. Don Gales, Mrs. Marcia Gold, Mr. Scott Holt, Mrs. Diane Montalto, Mr. Terry Reiter, Dr. Kanta Sircar, Dr. Ron Sommer, Mr. Ed Swart could not attend the meeting. Staff was directed to mail the certificates of commendation to those that were not present at the meeting. COMMISSION ITEMS NONE. PUBLIC HEARINGS ORDINANCE NO. 323 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING ZONING CODE AMENDMENT NO. 2011-02 AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE TO ESTABLISH STANDARDS FOR THE CONSTRUCTION OF SOLAR PANELS. Mayor Lay introduced Ordinance No. 323 recommending adopting of Zoning Code amendment No. 2011-02 and amending Title 17 of the Municipal Code to establish standards for the construction of solar panels and asked City Manager Dahlerbruch to present the staff report. City Manager Dahlerbruch stated that Planning Director Schwartz will present her report first and that he will add his comments at the end of her report. Planning Director Schwartz reported on the Planning Commission's action following a public hearing on this topic. She stated that after a lengthy deliberation, the Planning Commission adopted a Resolution recommending that the City Council adopt an Ordinance setting procedures for over the counter approval for installation of solar panels in a manner that the installation would not result in glare that causes impact upon the public health and safety. She further explained that the solar panel installation guidelines were brought to staff's attention when an array of ground -mounted solar panels became a nuisance as the panels reflected directly into a neighboring house. The subject property experienced glare into their home from the solar panels. This issue was resolved between the property owners by adjusting the pitch of the panels to redirect the reflection. She further explained that there are over 30 solar panel installations in the City of which only one appears to have resulted in a glare issue. She stated that cities may adopt an Ordinance to address public health and safety issues associated with solar panel installations and establish over the counter approval process to work with applicants to review location, condition, glare and aesthetics. The proposed Ordinance would require that the applicant submit a glare study. She indicated that State law limits the cost one can incur to mitigate health and safety impact to $2,000. She also mentioned that without the Ordinance, the issue of glare would be considered a private matter between property owners or it could be considered a public nuisance if a case was made to the City Council. Minutes City Council Meeting 07/11/11 -2- City Manager Dahlerbruch stated that the Ordinance would address the health and safety concerns associated with glare from solar panels before they are installed, however the glare study would not address how the glare from the solar panels would affect a driver's visibility on a roadway. The angle of the roadway, height of vehicle, height of driver, length of street would make the study very complicated. Following brief discussion about the agencies that were consulted in preparing the proposed Ordinance and their recommendations, City Manager Dahlerbruch stated that California Solar Energy Industries Association (CALSEIA) advised that it would be helpful to have a model Ordinance that could be used by other cities in the future. Following brief discussion on the energy savings requirement in order to receive benefits from the solar panel energy or qualify for tax credit and following staff's presentation, Mayor Lay opened the public hearing and called for testimony. Dave Breiholz, 6 Upper Blackwater Canyon Road queried whether the $2,000 amount for mitigating reflection from the solar panels is set by the State or by the City. Planning Director Schwartz responded that the cost is set by the State and that the $2,000 amount is in addition to the solar panel installation costs. Following public comment, Mayor Lay closed the public hearing. Councilmember Heinsheimer moved that the City Council receive and file the report as presented. Councilmember Pernell seconded the motion, which carried without objection. No further action was taken. The Ordinance was not adopted. Councilmembers thanked the staff for doing research, preparing the Ordinance and collecting details on this topic. It was noted that to save electricity, solar panels will continue to be installed in the City and that discussion with State legislators on this subject should continue. OLD BUSINESS RESOLUTION NO. 1109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR GRADING AND AS BUILT DRAINAGE DEVICES AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA OF THE LOT, IN ZONING CASE NO. 799, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO SECTIONS 15304 AND 15061(b)(3) OF THE ACT. Mayor Pro Tem Black recused himself from consideration of this item because he is the applicant. He left the dais and took a seat in the audience. Mayor Lay introduced Zoning Case No. 799 at 2 Appaloosa Lane (Black) and asked Planning Director Schwartz to present the background on the case stating that this is a continued public hearing on a case that was taken under jurisdiction by the City Council after the Planning Commission approved the project. Planning Director Schwartz stated that the City Council visited the site on February 28, 2011 and following the public input directed staff to prepare a resolution of approval to be brought back after the applicant receives input from the RHCA, Building and Safety Department and Department of Fish and Game. She stated that the applicant received approval from the RHCA as well as a preliminary approval form the Building and Safety Department and that Department of Fish and Game did not require any mitigation measures and approved the project as built. She stated that the project consists of grading an area of 19,000 sq. ft. and retaining as constructed draining devices at 2 Appaloosa Lane and partially on adjacent property at 3 Appaloosa Lane. A very small portion of 4 Appaloosa Lane was also affected as well as the roadway easement. She reviewed the plans as submitted by the applicant indicating that the work was done to control erosion on the property. She stated that through the years the area was continuously eroding and the applicant was filling the fissures with City permission to import soil specifically for that purpose under the Zoning Code provision, which allows dirt to be brought in for erosion control. Planning Director Schwartz further reported that the applicant requests to retain the flattened and as graded area to control drainage on the property. The applicant also is proposing to landscape the graded area with native vegetation. She also reported that a resolution of approval as requested by the City Council at their meeting on February 28, 2011 is attached for review and approval. Minutes City Council Meeting 07/11/11 -3- Mayor Lay opened a public hearing and called for testimony. Dr. James Scharffenberger, 5 Appaloosa Lane on behalf of Mrs. Marion Scharffenberger, 4 Appaloosa Lane and himself stated that they were very pleased that the City Council took this case under jurisdiction. He reported that he is pleased with the applicant's landscaping plan to restore vegetation on the property. He stated that he would encourage a positive vote on the Resolution. He further commented the he would not like for the applicant to create another driveway access to his property from Appaloosa Lane. He also suggested that in the future, the City should more closely monitor projects involving import/export of dirt. Discussion ensued about driveway application process. Planning Director Schwartz indicated that requests for a new driveway or relocation of an existing driveway must be reviewed and approved by the Traffic Commission. The Traffic Commission's recommendation is then presented to the City Council for approval at their meeting. Dr. James Black, 2 Appaloosa Lane, applicant, indicated that he would need to access the back of his property to properly maintain the re -landscaped areas. He stated that a path to access the back of the property is marked on the existing landscaping plan. Following brief discussion, Mayor Lay closed the public hearing. In response to Councilmember Pernell, Planning Director Schwartz indicated that there is an existing trail at the bottom of the applicant's property that goes up to Upper Blackwater Canyon Road. She also reviewed the conditions included in the Resolution. Following brief discussion, Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1109 granting approval of the applicant's request in Zoning Case No. 799 at 2 Appaloosa Lane. Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell and Mayor Lay. NOES: None. ABSENT: Mayor Pro Tem Black (recused). ABSTAIN: None. Mayor Pro Tem Black returned to the dais. NEW BUSINESS CONSIDERATION OF REIMBURSEMENT REQUEST TO SHERIFF'S DEPARTMENT. City Manager Dahlerbruch presented the staff report and provided details pertaining to public safety and traffic citations in the City. He reported that during the 2011/12 budget adoption process, it was determined that the Sheriff's Department used incorrect numbers in the previous year's figures to calculate the allocation of the costs between the cities of Rolling Hills, Rolling Hills Estates and Rancho Palos Verdes. The number of citations attributed inadvertently included citations issued under City's existing agreement for supplemental services for additional traffic patrol. Those numbers should have been excluded from the calculation. He also reported on the discussions that took place between the other two Cities and the Sheriff's Department. He further reported that the City Attorney stated that a claim for reimbursement may be made for up to a total of 4 prior years. He concluded that in correcting the formula for fiscal year 2011/12, the City's costs were reduced by approximately $30,000 and that staff estimated that over the past 4 years, Rolling Hills may possibly have overpaid the Sheriff's Department its proportionate share by a total of approximately $50,000. The claim for reimbursement, if directed by the City Council to be filed, would be submitted directly to the Sheriff's Department. Following discussion, Councilmember Heinsheimer moved that the City Council direct staff to file a claim for reimbursement and send a letter to the Sheriff's Deptartment under the Mayor's signature requesting reimbursement with a copy to be sent to LA County 4h District Supervisor Don Knabe and the LA County C.E.O. Mayor Pro Tem Black seconded the motion which carried without objection. No further action was taken. Minutes City Council Meeting 07/11/11 -4- OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Sue Breiholz, 6 Upper Blackwater Canyon Road addressed the City Council to suggest that the property owner at 3 Appaloosa Lane and the Fire Dept. be contacted regarding brush clearance on the property. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Black suggested that a letter be sent on behalf of the City Council to the City's legislative representatives asking that they introduce legislation for a 2%@65 retirement benefit pool. Hearing no objection, Mayor Lay so ordered. Mayor Lay commented on a Boundary Review Committee of Los Angeles County meeting he attended earlier in the day. He stated that everyone in attendance supported the 4t' Supervisorial District represented by Supervisor Knabe and opposed removing their communities from the 4`h District. Councilmember Heinsheimer introduced his sister, Francis Wainwright, who was visiting from Canada. 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. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:05 p.m. to the next meeting of the City Council scheduled to be held on Monday, July 25, 2011 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, �/�, 5 B. Allen Lay 6 / Mayor l/ Minutes City Council Meeting 07/11/11 Respectfully submitted, 4--� AQ0dbt,-,,- Ewa Nikodem Administrative Assistant -5-