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5/8/2006MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 8, 2006 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:32 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. Councilmembers Absent: Heinsheimer (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. 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 24, 2006. RECOMMENDATION: Approve as presented. bk Payment of Bills. RECOMMENDATION: Approve as presented. C. BFI Recycling Tonnage Report for March, 2006. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS None TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report. He indicated that this ordinance was introduced at the last City Council meeting. Mayor Lay opened the continued public hearing. Hearing no public testimony or discussion, he closed the public hearing and called for a motion. Councilmember Pernell moved that the City Council waive further reading and adopt Ordinance No. 299. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting n. , jng / n6 -1- OLD BUSINESS RESOLUTION NO. 1003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 27078, SUBDIVISION NO. 90, A REQUEST TO SUBDIVIDE A 8.45 ACRE EXISTING LOT, DEVELOPED WITH ONE RESIDENTIAL UNIT AND ACCESSORY STRUCTURES, INTO TWO SINGLE FAMILY RESIDENTIAL THROUGH LOTS, LOCATED ALONG UPPER BLACKWATER CANYON ROAD AND PINE TREE LANE, IN ZONING CASE NO. 717. (KAZARIAN). City Manager Nealis reported that Resolution No. 1003 had been prepared by staff as requested by the City Council at their meeting of April 24, 2006. He indicated that conditions relative to future development on the parcel are located on page 7 and on page 15 of the resolution. Councilmember Pernell moved that the City Council adopt Resolution No. 1003. Councilmember Hill seconded the motion. Mayor Lay noted the arrival of Mayor Pro Tem Black and Mayor Pro Tem Black took a seat in the audience. Mayor Lay reported that Mayor Pro Tem Black is not participating in deliberations on this Zoning Case due to the proximity his residence to the subject property. There being no further discussion, the motion carried unanimously by those Councilmembers in attendance. Mayor Pro Tem Black returned to his seat. CONSIDERATION OF THE FINAL PLAN FOR THE MAIN GATE IMPROVEMENT PROJECT PROPOSED BY THE WOMEN'S COMMUNITY CLUB. City Manager Nealis presented the staff report providing background regarding the project proposed by the Women's Community Club and the City Council's previous action regarding the project. He reported that the Women's Community Club is proposing a two phased approach to the project and that the Committee has stated that the path on the west side of Portuguese Bend Road next to the tennis courts would be the second phase pending the outcome of Rolling Hills Estates making a decision regarding the implementation of crossing guard services at the intersection of Portuguese Bend Road, Rolling Hills Road and Palos Verdes Drive North. Mrs. Beth Howell, Chairman of the Women's Community Club Beautification Committee, provided background regarding the plan and an explanation of the final proposed plan. She highlighted that the specifications now call for a stamped brick walkway instead of the use of bricks for the crosswalks. She also explained the stone stacked wall improvements on the east and west corners of Portuguese Bend Road. In reply to Councilmember Pernell, Mrs. Howell pointed out on the plan the pathway that will be taken by children going to and from school. Mrs. Howell further explained the suggestion that the plan be implemented in two phases. She provided details regarding the landscape plan and provided a copy of the revised plant list to members of the City Council. She also explained the trimming back of existing plant material along the tennis court since the Committee is suggesting to hold off on the pathway on the west side of the road due to the possible implementation of crossing guard services at the intersection. Councilmembers thanked the Women's Community Club for their efforts on this project. Hearing no further comments Mayor Lay called for motion. Councilmember Hill moved that the City Council approve the final plan submitted by the Women's Community Club for the Main Gate Improvement Project and directed staff to work with Club representatives and solicit bids for this project and present the results of the bid process to the City Council for consideration of award. Mayor Pro Tem Black seconded the motion. Discussion ensued regarding the project. In response to Councilmember Pernell, City Manager Nealis explained that a recommendation would be made to the Budget Finance Subcommittee to included approximately $40,000 for this project in the next fiscal year. In Minutes City Council Meeting r 1 response to Mayor Pro Tem Black, Mrs. Howell explained the existing pepper trees and oleanders on the southwest corner would remain in the plan. She explained that some cutting back of brush is called for but not so much as to expose the tennis courts. Mayor Lay commented on the delaying of the plan for a pathway on the west side of the road due to the possible implementation of a crossing guard. He reported that he had spoken to the Mayor of Rolling Hills Estates regarding the proposed crossing guard and that the Rolling Hills Estates Mayor was very supportive of this proposal based upon recent crossing activity and the increase in local school enrollment. Following discussion, the motion carried unanimously by those Councilmembers in attendance. Councilmembers thanked and commended the Women's Community Club Beautification Committee for their hard work on this project. NEW BUSINESS CONSIDERATION OF A REPORT REGARDING PROCEDURES FOR UNLICENSED DOGS. City Manager Nealis presented the staff report providing information regarding the City's dog licensing policies and procedures in the Municipal Code and how unlicensed dogs are managed if they are involved in an attack against a person or animal as opposed to licensed dogs. In reply to Councilmember Pernell, City Manager Nealis City Manager Nealis explained the $25 late license fee imposed by the County of Los Angeles Department of Animal Care and Control. Councilmember Pernell expressed concern about the fact that a dog could remain unlicensed for many years without being discovered. City Attorney Jenkins explained that the City Council has the discretion to impose an extra fee if a dog has never been properly licensed. Following a brief discussion regarding penalty options for unlicensed dogs, the City Council directed staff to work with Councilmember Pernell and prepare a report regarding establishing fines for dogs that are unlicensed for greater than one year. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. CONSIDERATION OF REPORT RELATIVE TO ESTABLISHING AN EMPLOYEE CONTRIBUTION FOR DEPENDENT HEALTH CARE COVERAGE. Mayor Lay presented the Personnel Subcommittee's report that included a draft policy to establish that full-time employees contribute 2% of the costs of dependent employee healthcare insurance coverage beginning July 1, 2006 and an additional 2% each year with full- time employees eventually funding 20% of the cost of dependent healthcare insurance coverage. He indicated that this idea is being presented this evening to determine if the City Council wishes to implement an employee contribution policy for dependent health care coverage and if the idea presented by the Committee is appropriate. In response to Councilmember Pernell, Mayor Lay indicated that this idea is not a recommendation from the Personnel Subcommittee but rather, the Committee is providing this idea as a basis for discussion by the City Council. Councilmember Black stated that he is not concerned about the quality of work by City staff but that he feels that the City's benefits and wages are out of proportion with the private sector and that he feels that this is unfair to the taxpayers. He explained private sector benefit plans and the costs associated with these plans and stated that he feels that the 2% contribution is not adequate. Discussion ensued regarding the eventual employee funding of 207o of the cost of dependent healthcare insurance coverage. Mayor Lay further explained the 27o increments up to the eventual funding of 207o. Councilmember Black stated that he thinks this idea is acceptable but that the percentages are not high enough. Minutes City Council Meeting ns/ns/n6 -3- Councilmember Pernell explained his experience with defined benefit as opposed to defined contribution programs. He indicated that he feels that the Personnel Subcommittee should further review the subject and return with a recommendation for City Council review. Mayor Lay asked that if any Councilmembers have any input regarding this subject to please let the Personnel Subcommittee Members know. Councilmember Pernell commented on the excellent performance by City staff and indicated that he feels that their salaries should reflect that. Mayor Lay commented on the previous perception that government employees were paid less and therefore they received more benefits but that now wages are comparable between the sectors. After discussion, the City Council Personnel Subcommittee was directed to further review this subject and provide a recommendation to the City Council. CONSIDERATION OF REPORT RELATIVE TO TERMINOLOGY ASSOCIATED WITH CALIFORNIA PUBLIC EMPLOYEES RETIREMENT FUND CONTRIBUTIONS. City Manager Nealis present the staff report and indicated that Councilmember Black has requested that the City Council consider directing staff to amend any references to the to PERS contributions to reflect the source of the funding. Hearing no discussion, Mayor Lay ordered that the report be approved as presented. CONSIDERATION OF SIXTEENTH AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT AS RECOMMENDED BY THE CITY COUNCIL PERSONNEL SUBCOMMITTEE. Mayor Lay stated that the Council is pleased that this is the 101, amendment to the City Managers employment agreement called for a motion. Councilmember Pernell moved that the City Council approve the 16ffi Amendment to the City Manager's Employment Agreement. Mayor Pro Tem Black seconded the motion, which carried unanimously by those Councilmembers in attendance. Mayor Lay thanked the City Manager for his service and longevity with the City. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Lay reported that if there were no objections, he would like to send a letter opposing Senate Bill No. 1778 which would prohibit Alternate Daily Cover as being counted as diverted from the solid waste stream for the purposes of meeting the 50% diversion rate as required by the Integrated Waste Management Act. There were no objections. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY At the request of Councilmember Pernell to discuss a matter of possible litigation and by a four-fifths vote, the City Council recessed into close session at 8:25 p.m. 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. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. City Attorney Jenkins reported that the City Council went into closed session and only addressed one of the items on agenda, Hassoldt vs the City of Rolling Hills. He said that no other items were added to the agenda or discussed. He stated that no reportable action was taken in closed session and that the closed session was recessed at 8:33 p.m. Minutes City Council Meeting (K / ng / n6 -4- il 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. No closed session was held regarding this matter. 13. ADIOURNMENT Hearing no further business before the City 8:34 p.m. to the next regular meeting of the May 22, 2006 in the City Council Chambers Hills, California. Approved, B. Allen Lay Mayor Minutes City Council Meeting ns f ns / nh Council, Mayor Lay adjourned the meeting at City Council scheduled to be held on Monday, at City Hall, 2 Portuguese Bend Road, Rolling Respectfully submitted, Marilyn Kern Deputy City Clerk -.5-