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MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
JUNE 12,2006
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Lay at 7:35 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: Craig Nealis, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Nan Huang, Finance 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 May 8, 2006.
RECOMMENDATION: Approve as presented.
b.. , Payment of Bills May 22, 2006 and June 12, 2006.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of April, 2006.
RECOMMENDATION: Approve as presented.
d. BFI Recycling Tonnage Report for April, 2006.
RECOMMENDATION: Receive and file.
Councilmember Heinsheimer moved that the City Council approve the recommendations in
the Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO FY 2006-07 BID SPECIFICATIONS AND REQUEST FOR PROPOSAL FOR
REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS IN THE CITY
OF ROLLING HILLS.
City Manager Nealis presented the staff report providing background regarding the Traffic
Commission's recommendation that the City Council approve the FY 2006-07 Bid
Specifications and Request for Proposal for Replacement of Traffic Striping and Pavement
Markings Project. Hearing no discussion, Mayor Lay called for a motion.
Councilmember Heinsheimer moved that the City Council approve the recommendation
from the Traffic Commission that the City Council approve the above referenced
specifications and request for proposal and direct staff to proceed with the bidding process.
Mayor Pro Tem Black seconded the motion which carried unanimously.
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO A REQUEST FROM THE PALOS VERDES ART CENTER TO CONDUCT
AN ARTIST STUDIO TOUR AT 14 CINCHRING ROAD AND 6 RUNNING BRAND
ROAD.
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City Manager Nealis presented the staff report providing background regarding the Traffic
Commission's recommendation that the City Council approve the request from the Palos
Verdes Art Center to conduct an Artist Studio Tour at 14 Cinchring Road and 6 Running Brand
Road on September 30, 2006. Hearing no discussion, Mayor Lay called for a motion.
Councilmember Heinsheimer moved that the City Council approve the recommendation
from the Traffic Commission relative to the above referenced tour. Councilmember Pernell
seconded the motion which carried unanimously.
PUBLIC HEARINGS
CITY OF ROLLING HILLS DRAFT BUDGET INCLUDING THE ANNUAL REPORT ON:
GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE
FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, COPS FUND,
TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C, AND
UNDERGROUND UTILITY FUND FOR FISCAL YEAR 2006-07.
City Manager Nealis provided a brief summary of the Draft FY 2006-07 Budget as outlined in
the City Manager's Budget Message. Councilmember Heinsheimer complemented staff on
the preparation of the budget.
In reply to Councilmember Pernell regarding litigation expenses outlined in the General Fund,
City Manager Nealis explained the City's involvement with the California Joint Powers
Insurance Authority. He explained that each year the City makes a deposit to the CJPIA and
each Spring the CJPIA analyses the City's claim history and assesses a retroactive payment or
refund. He explained that this year's rolling -retro deposit is approximately $40,000 and is
projected to be $40,000 to $50,000 over the next several years.
Mayor Lay opened the public hearing and called for testimony. Hearing none, discussion
ensued regarding the draft budget. Mayor Pro Tem Black stated that the document is well
done. He commented on the estimated expenses versus actual amounts listed in the Budget.
He stated that he feels that the actual amounts should be used whenever possible. Mayor Lay
explained that the numbers are only estimates at this time because the current fiscal year has
not yet concluded.
In response to Mayor Pro Tem Black, City Manager Nealis explained that the increase in
mileage. reimbursement affects only two staff members who deliver weekly packets and run
other errands for City day-to-day operations. Mayor Lay indicated that this increased mileage
amount is the IRS authorized allowance for mileage reimbursement.
Mayor Pro Tem Black asked about the purchase of new computers during the next fiscal year.
City Manager Nealis explained that the new computer equipment would allow the City's new
operating system to operate more efficiently with updated software that has been installed.
City Manager Nealis also explained the failure and replacement of the Planning Department
computer this year.
In reply to Mayor Pro Tem Black, City Manager Nealis explained the Underground Utility
Fund. Finance Director Nan Huang explained that the current fund balance prior to the FY
2006-07 transfer of $250,000 is $281,000 and that the $250,000 will be added to this amount.
City Manager explained the two underground utility projects that are scheduled for Crest
Road.
Mayor Pro Tem Black commented on the estimated revenue for building fees and expressed
that he feels that this amount should be more conservatively estimated since the City did not
reach the projected amount in FY 2005-06. City Manager Nealis explained that total revenue
estimates in the budget have traditionally been within 27o above the actual revenues. He
explained the estimates in the FY 2006-07 Budget and indicated that staff anticipates permits
fees to increase during the next fiscal year due to an increase in cases that have come before
the Planning Commission.
Mayor Pro Tem Black also commented on the payroll costs outlined in the Budget and noted
that the support costs are over 5070. Mayor Pro Tem Black also commented on the increase in
legal fees. City Manager Nealis explained that this amount was increased due to recent
litigation experienced by the City.
Further discussion ensued regarding the estimated revenue for Building Fees. Finance
Director Nan Huang explained that this amount was based on six months of actual data due to
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a backlog at the County and that the remaining revenue should increase. Councilmembers
concurred that no changes to the FY 2005-06 estimate or FY 2006-07 budget in this item are
necessary.
Hearing no further discussion, Mayor Lay continued the public hearing to the next regular
City Council meeting to be held on Monday, June 26, 2006.
OLD BUSINESS
CONSIDERATION OF ALLOCATION OF CITY OF ROLLING HILLS PROPOSITION C
LOCAL TRANSPORTATION FUNDS.
City Manager Nealis presented the staff report providing background regarding the City's
available Proposition C Fund balance and the requests from Rolling Hills Estates and Rancho
Palos Verdes to receive Rolling Hills' Proposition C Local Transportation Funds. He indicated
that this item had been continued from the April 24, 2006 City Council Meeting.
Mayor Lay indicated that at a recent Palos Verdes Peninsula Law Enforcement Committee
meeting that Rancho Palos Verdes Councilmember Steve Wolowicz reported that traffic signal
failures are a major problem on the Peninsula. Mayor Lay stated that he feels that the Rolling
Hills Estates traffic signal battery backup systems represents a Peninsula -wide benefit and
suggested that the City Council consider allocating the Proposition C Fund balance to Rolling
Hills Estates.
Councilmember Heinsheimer moved that the City Council allocate the City's Proposition C
Local Transportation Fund balance to the City of Rolling Hills Estates for their battery backup
systems for traffic signals project. Councilmember Hill seconded the motion.
Following discussion, the motion carried unanimously. Staff will return with a resolution at
the next City Council meeting memorializing this action.
NEW BUSINESS
CONSIDERATION OF RATE ADJUSTMENT PROPOSED BY BFI WASTE/ALLIED
WASTE INDUSTRIES FOR RESIDENTIAL REFUSE COLLECTION SERVICES
EFFECTIVE AFTER JULY 1, 2006.
City Manager Nealis presented the staff report outlining the request from BFI/ Allied Waste
Industries for a 4.57o rate increase effective after July 1, 2006 and background regarding the
terms of the City's agreement with BFI/Allied Waste, whichermit annual adjustments to
collection rates based upon the criteria submitted by BFI/Allied Waste. Mayor Lay
commented on the City's contractual obligation to allow for such increases.
Councilmember Heinsheimer moved that the City Council approve the 4.5% annual rate
adjustment proposed by BFI/Allied Waste. Mayor Pro Tem Black seconded the motion.
In response to Councilmember Pernell regarding justification for the increase, Mayor Lay
explained that when the contract extension was adopted, it included a formula to consider
annual cost adjustments based upon specific CPI data and that the City agreed to this annual
increase formula, which is capped at 4.5%. He commented that additional increases aside from
the annual adjustment formula are handled separately and would require specific justification
as a separate adjustment request. -
Ms. Susanne Passantino, BFI/Allied Waste, commented on the good relationship between the
City and BFI/Allied Waste. She reported that during the last six months, fuel costs had
escalated dramatically. She indicated that tipping fees and environmental taxes had also
increased. Ms. Passantino explained, that the Company strives to provide good service to the
community.
Following further discussion regarding the proposed increase, the motion carried
unanimously.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
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MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Pro Tem Black commented on the stop of work at 18 Portuguese Bend Road. City
Manager Nealis explained that building permits will not be issued until utilities have been
undergrounded on the property, but that staff anticipates that the property owner may
propose to be relieved of a portion of the undergrounding requirements and that any such
request would be presented to the City Council.
Councilmember Pernell commented on his attendance at the California Contract Cities
Association Municipal Seminar. He indicated that discussions focused on increased costs for
law enforcement and reported that City Attorney Mike Jenkins and Assistant City Attorney
Christi Hogin did a great job in moderating a panel on ethics at the Seminar.
Councilmember Pennell also reported on his attendance at a performance by the Air Force's
musical dance and comedy group at the invitation of Lieutenant General Michael Hamel,
Commander, Space and Missile System Center.
Mayor Lay stated that if there are no objections, that the City Manager be authorized to
purchase five new chairs for the City Council Chambers, use four of the remaining chairs for
the staff seating area and that the fifth chair be used in the City Manager's office and that total
costs should not exceed $2,000. No objections were expressed.
MATTERS FROM STAFF
None.
At 8:15 p.m., Mayor Lay recessed the meeting into a Closed Session.
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.
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.
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.
Anticipated Litigation:
G.C. 54956.9(b)
A point has been reached where, in the opinion of the City Council on the advice of its
legal counsel, based on the below -described existing facts and circumstances, there is a
significant exposure to litigation against the City.
Claim Submitted by Zaffar & Teresa Hassanally, 6 Poppy Trail, Rolling Hills, California.
Claim Submitted by Robert M. Jonas, 3 Poppy Trail, Rolling Hills, California.
Claim Submitted by Donna Freeman, 10 Poppy Trail, Rolling Hills, California.
Claim Submitted by Ron Sommer, 2 Poppy Trail, Rolling Hills, California.
Claim Submitted by Mr. & Mrs. John Lacey, 7 Poppy Trail, Rolling Hills, California.
Claim Submitted by Mr. & Mrs. Ramakrishna Reddy, 11 Poppy Trail, Rolling Hills,
California.
City Attorney Jenkins announced that the City Council recessed into closed session to discuss
the Hassoldt litigation and claims that were set forth on the agenda for closed session. No
reportable action was taken and the closed session was adjourned at 9:22 p.m.
Mayor Lay commented on the City Council Committee Assignments. City Manager Nealis
noted that Councilmember Hill had provided staff with his preferences. Mayor Lay requested
that Councilmembers communicate their choices to the City Manager who will coordinate the
information and that he will present the Committee Assignments at an upcoming meeting.
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ADTOURNMENT
Hearing no further business before the City
9:23 p.m. to the next regular meeting of the
June 26, 2006 in the City Council Chambers
Hills, California.
App ve ,
r*.
James B ck
Mayor ro Tem
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City Council Meeting
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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,
t� 1(
Marilyn Ker
Deputy City Clerk
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