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4/22/2013MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 22, 2013 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:30.p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Mayor Pro Tem Lay and Mayor Hill. Councilmembers Absent: Pieper (excused). Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Heidi Luce, Deputy City Clerk. Terry Reiter, 6 Saddleback 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 Meeting of April 8, 2013. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2013. RECOMMENDATION: Approve as presented. D.. Allied Recycling Tonnage Report for March, 2013. RECOMMENDATION: Receive and file. E. Finance/Budget Items: (1) City Council Finance/Budget Committee meeting notes of April 8, 2013; (2) FY 2013/14 Consumer Price Index (CPI) and FY 2012/13 Year-end Projections; (3) Schedule of Fees and Charges; and (4) Consideration of the City of Rolling Hills Investment Policy; Financial, Budget and Debt Policies; Fund Balance Policy and Resolution No. 953 Asset Capitalization Policy. RECOMMENDATION: Receive and file. F. Consideration of an Exchange Agreement between the City of Rolling Hills and the Los Angeles County Metropolitan Transportation Authority and Assignment of Federal Surface Transportation Program (STP -L) — Local Funds. RECOMMENDATION: Approve as presented. G. CONSIDERATION OF RESOLUTION NO. 1142 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REQUESTING THE LOS ANGELES COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. RECOMMENDATION: Adopt as presented. Mayor Pro Tem Lay moved that the City Council approve the items on the consent calendar as presented. Councilmember Black seconded the motion, which carried without objection. COMMISSION ITEMS None. Minutes City Council Meeting 04/22/13 -1- PUBLIC HEARINGS AN APPEAL OF A DECISION OF THE PLANNING COMMISSION IN ZONING CASE NO. 747 MODIFICATION FILED BY MR. TERRY REITER, TO CONSTRUCT 300 SQUARE FOOT ADDITION TO THE PREVIOUSLY APPROVED 2,000 SQUARE FOOT GARAGE AT 6 SADDLEBACK ROAD, ROLLING HILLS. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE CALIFRONIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch reported that this is a continued public hearing on an appeal in Zoning Case No. 747 Modification where the applicant was requested to have plans prepared and have the property staked and recognizing those items have not been completed, staff recommends that the item be continued. Mayor Hill called for public comment. Terry Reiter, 6 Saddleback Road requested that the City Council reconsider some of the points it requested at the last meeting commenting that he has spoken to four different architects and none of them want the job. He further commented that the silhouette has been put up as requested. Following brief discussion, consideration of this item was continued to May 13, 2013. OLD BUSINESS CONSIDERATION OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND GEOSYNTEC CONSULTANTS FOR STORMWATER CONSULTING SERVICES PERTAINING TO MS4 AND TMDL COMPLIANCE AND APPROPRIATION OF FUNDS THEREFORE. Mayor Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch presented the staff report stating that staff requests approval of an amendment to the agreement with Geosyntec Consultants for an amount not to exceed $76,607 to complete the new Regional Water Quality Control Board mandates for compliance with the new MS4 permit using the minimum measures of control as required by June 28, 2013. He further commented that it is likely the amount necessary will be below the not to exceed amount proposed given that there may be fewer meetings that the consultant will need to attend and some of the subtasks may not need to be done by the Consultant. Brief discussion ensued concerning the exact amount needed to satisfy the requirements of the permit and whether or not all the tasks proposed are required. Kathleen McGowan, Geosyntec Consultants addressed the City Council to briefly explain the proposal commenting that the work outlined is customized to the City of Rolling Hills because the city chose to implement the minimum control measures based on the requirements of the MS4 permit. She further commented that Geosyntec Consultants will do only those things necessary to accomplish the requirements of the permit keeping in mind the City's objective to keep costs down where possible. Councilmember Dieringer asked if there are other firms that do the same scope of work that Geosyntec Consultants is proposing. Ms. McGowan responded that there area firms that could do the work but Geosyntec brings background having worked with the City previously. In response to Mayor Pro Tem Lay, Ms. McGowan stated that at this point in time, most of the other municipalities she heard discussing the new permit, including those on the Peninsula, are more inclined to go with one of the other two options, the Watershed Management Program or the Enhanced Watershed Management Program which allow more time to develop the program but also will require more work in the long term. Discussion ensued concerning the requirements of the MS4 permit. In response to Mayor Pro Tem Lay concerning what triggers the optional tasks listed in the proposal, City Attorney Jenkins stated that the issue isn't whether or not the tasks have to be done but rather, who can do them most economically. They are optional in the sense that the City doesn't have to have Geosyntec do them, they could be done by staff or another consultant. Minutes City Council Meeting 04/22/13 -2- Following discussion, Mayor Pro Tem Lay moved that the City Council approve and authorize the City Manager to sign a Professional Services Agreement in an amount not to exceed $76,607 with Geosyntec Consultants for stormwater consulting services pertaining to MS4 and TMDL compliance and appropriate funds in the amount of $56,607 therefore. Councilmember Dieringer seconded the motion which carried with Councilmember Black opposed. NEW BUSINESS CONSIDERATION OF A THIRD AMENDMENT TO A LEASE BETWEEN THE CITY OF ROLLING HILLS AND ROLLING HILLS COMMUNITY ASSOCIATION FOR THE ROLLING HILLS COMMUNITY ASSOCIATION'S USE OF CITY -OWNED FACILITIES. Mayor Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch stated that before the City Council is proposed third amendment to the lease for the Rolling Hills Community Association's lease of city -owned facilities which continues the lease for an additional five years and adds a provision that the RHCA will keep the premises, including the parking area free of litter and debris and shall regularly clear all drain catch basins of debris. Following brief discussion, Councilmember Dieringer moved that the City Council approve and authorize the Mayor to sign the third amendment to a lease between the City. of Rolling Hills and the Rolling Hills Community Association for use of City -owned facilities. Mayor Pro Tem Lay seconded the motion which carried without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS ELECTRONIC DISTRIBUTION AND EARLIER DISTRIBUTION OF AGENDA MATERIALS TO COUNCIL MEMBERS (DIERINGER) — ORAL REPORT Councilmember Dieringer requested that the City Council calendar a meeting to discuss earlier distribution of the agenda materials and electronic distribution of the agenda materials to Councilmembers. Following discussion, staff was directed to place the item on a City Council agenda in July or August for the City Council's consideration. Councilmember Dieringer also requested that the City Council reschedule the meeting scheduled for May 13, 2013 because she is not able to be in attendance. Following discussion, the City Council concurred that the meeting will be held as scheduled on May 13, 2013. MATTERS FROM STAFF QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING MARCH 31, 2013. Mayor Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch presented the investment report stating that investment in Treasury Bills has decreased because of the fees charged by the previous source. Following brief discussion, the City Council received and filed the investment report for the quarter ending March 31, 2013. MATTERS FROM THE CITY ATTORNEY City Attorney Jenkins reported that an office conference was convened with the architect, engineer and contractor involved in the project at 40 Eastfield Drive concerning the discrepancies that occurred during the course of the project and an agreement was achieved as a resolution to the situation whereby the parties will make a payment in the amount of $10,000 to the City for reimbursement of the City's costs associated with the matter. He further reported that the parties have also signed a certification holding them accountable for ensuring that what is submitted is consistent with what was approved. 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. Minutes City Council Meeting 04/22/13 -3- G.C. §54956.9(d)(4) Initiation of Litigation: One case. The City Council recessed into closed session at 8:21 p.m. to discuss the matter listed above on the closed session agenda. Following the closed session. City Attorney Jenkins returned the meeting to open session and reported that the City Council reaffirmed their decision to proceed with a group of cities to bring suit against the County of Los Angeles relative to the Property Tax Administration Fee overcharge. No further action was taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:26 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, May 13, 2013 in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Fr� E. Hill V Mayor Minutes City Council Meeting 04/22/13 Respectfully submitted, Heidi Luce Deputy City Clerk -4- 1 1 1