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10/2/2006 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA � OCTOBER 2, 2006 CALL TO ORDER Mayor Lay stated that he would open and close this evening's meeting in memory of City Manager Craig Nealis. A special meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 6:05 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: Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. � Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Ewa Nikodem, Clerk Typist/Receptionist. NEW BUSINESS APPOINTMENT OF AN ACTING CITY MANAGER. Mayor Lay recommended that the .City Council appoint City Attorney Mike Jenkins as the Acting City Manager until an interim Manager is selected. Councilmember Heinsheimer moved that the City Council appoint City Attorney Mike Jenkins as the Acting City Manager. Councilmember Hill seconded the motion. In response to Councilmember Pernell, City Attorney Jenkins indicated that he expects that he would be at City Hall for a couple of hours one or two more days this week in the morning and that when he was not present at City Hall that would interact with staff via telephone and erriail. He stated that he would `cover those items that need to be addressed within the next week but that the Mayor will be proposing to form an ad hoc subcommittee to work on bringing proposals to the City Council for an interim City Manager and that he expects to act as City Manager for at least another week. Mayor Lay indicated that with the City Council approval he would propose that Councilmembers Godfrey Pernell and Tom Heinsheimer be appointed to an ad hoc subcommittee to screen the applicants for the interim City Manager to give the City adequate time to search for a permanent City Manager. No objections were expressed. Mayor Lay stated that this subject would be further discussed at the City Council meeting to be held on ' October 9, 2006. In response to Mayor Pro Tem Black, City Attorney Jenkins explained that he does not expect to be the Acting City Manager for longer than one week and that legally there is no conflict of interest in a City Attorney acting as City Manager. Mayor Lay stated that the Planning Director Schwartz will coordinate the day-to-day activities of City Hall and that those issues of management would be forwarded to City Attorney Jenkins. He also said that Councilmembers would make themselves available to staff. � , Following further discussion regarding the length of time that the City Attorney will be the Acting City Manager, Councilmember Black suggested that this appointment term be limited. Councilmembers concurred that the appointment would be until October 24, 2006. The motion carried unanimously. Minutes Ci Council Meeting 10�09/06 -1- OPEN AGENDA- APPROXIMATELY 6:30 P.M. - PUBLIC COMMENT WELCOME . None. MATTERS FROM MEMBERS OF THE CITY COUNCIL , Mayor Lay drew the Council's attention to a letter to Rolling Hills residents that he had prepared regarding the loss of the City Manager and the appointment of City Attorney Jenkins as the acting City Manager. Councilmembers discussed the draft letter and made various amendments. Staff was directed to mail the final draft of the letter to the residents of Rolling Hills as well as the City's contractors and the Nealis family. Councilmember Heinsheimer suggested that the City obtain a bus for residents wishing to attend the Nealis Memorial Service. Following discussion, it was determined that there was not enough time to get the word out to residents about transportation to the Memorial Service. Mayor Lay stated that the City Council should consider closing City Hall on Thursday, October 5, 2006 so that staff could attend the Memorial Service. Acting City Manager Jenkins indicated that he would close City Hall on Thursday. Staff was directed to post a notice that City Hall will be closed on that day. Councilmember Pernell suggested that staff inembers be offered grief counseling. City Attorney Jenkins indicated that the Sheriff's Department had offered to have a Sheriff's Department grief counselor work with staff and that he would make the necessary arrangements. In response to Councilmember Pernell, Finance Director Nan Huang reported that an audit of the City's financial records had just been completed. Councilmember Pernell commented on the recruihnent process and the committee that had interviewed Craig Nealis. He expressed the exemplary service provided to the City by Mr. Nealis and commented on the upcoming challenges in finding a successor. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. ADTOURNMENT � ' Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 6:30 p.m. in memory of City Manager Craig Nealis. The meeting was adjourned to the regular meeting of the City Council scheduled to be held on Monday, October 9, 2006 beginning at 6:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. � Respectfully submitted, ( ;���°��.eltr� Marilyn Kern Deputy City Clerk Approved, B. Allen Lay � Mayor Min�tes Ci Council Meeting 10�09/06 � -2- MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ' OCTOBER 9, 2006 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 6:30 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: Mike Jenkins, Acting City Manager and City Attorney. Mike Martinet, Executive Director, Office of Disaster Mgmt. Area G. SPECIAL PRESENTATION - � DISASTER MANAGEMENT TRAINING (NIMS). Mr. Mike Martinet, Executive Director, Office of Disaster Management, Area G, provided disaster management training relating to the National Incident Management System to the City Council. � OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 7:22 p.m. to the regular meeting of the City Council scheduled to be held on Monday, October 9, 2006 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, , �� � ��� Marilyn Kern Deputy City Clerk - Approved, B. Allen Lay Mayor Minutes Ci�y Council Meeting 10/09/06 -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OCTOBER 9, 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 7:30 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: Mike Jenkins, Acting City Manager and City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. Deputy Greg Evans, 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 - Meeting of September 25, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. , RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Black seconded the motion. Following an explanation from Acting City Manager Jenkins regarding the checks issued for the accrued vacation that was earned but not taken by City Manager Nealis, the motion carried unanimously. � SPECIAL PRESENTATION Presentation regarding technology related to sewage treatment and disposal. Mr. Stephen J. Kreitzmann, Regional Manager of E/One Sewer Systems, provided an explanation of his company's low-pressure sewer pump system. He provided information regarding the technology of the system as well as the associated cost. He also explained the systems operation in hilly terrain such as in Rolling Hills. Following the presentation and discussion, staff was directed to research the Sanitary Sewer System Study that had previously been completed in the City. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. • PUBLIC HEARINGS ZONING CASE NO. 726 , MR. AND NIRS. STEVEN PEDEN, 7 OUTRIDER ROAD, (LOT 79-EF). REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND VARIANCES TO CONSTRUCT A STABLE IN THE FRONT YARD SETBACK, TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE. Minutes Ci�y Council Meeting 10/09/06 -1- The public hearing was continued to the City Council meeting to be held on Monday, November 13, 2006 at the applicants' request. . ZONING CASE NO. 727 MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH). REQUEST FOR A SITE PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIlZES GRADING AND A VARIANCE TO LOCATE THE STABLE AND THE CORRAL IN THE FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE. Mayor Lay opened the public hearing. Mr. Doug McHattie, Bolton Engineering, spoke on behalf of the applicant. He explained that since the last meeting he had prepared a cross-section of the property, which further explains what the applicants are proposing to do. He explained the Planning Commission requirement in the resolution of approval that the slope below the area of the proposed stable be landscaped and stated that he feels that the stable could not be seen from Portuguese Bend � Road. Mr. McHattie further explained that the area of the proposed stable is fairly flat and requires only a minimum amount of grading. Mayor Pro Tem Black stated that he feels that the cross-section was very helpful to him. He commented on the grading for the previous development on the property that had been approved by the City CounciL Hearing no further comments, Mayor Lay continued the public hearing to Friday, October 20, 2006 for the purpose of conducting a field review of the property and further, after the field trip, the public hearing will be reconvened on October 23, 2006. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A RECOMMENDATION OF THE WILDLIFE PRESERVATION COMMITTEE TO HOST A WILDLIFE REHABILITATION EVENT. Acting City Manager Jenkins presented the staff report providing background regarding the Wildlife Preservation Committee's recommendation to host a Wildlife Event on November 20, 2006 and their request for funding in the amount of $500 to the South Bay Wildlife Rehabilitation to conduct the event for Rolling Hills residents. Councilmember Pernell moved that the City Council approve the recommendation of the Wildlife Preservation Committee to host a Wildlife Rehabilitation event on November 20, 2006 and authorize funds in the amount of$500 to the South Bay Wildlife Rehabilitation to conduct this event. Councilmember Heinsheimer seconded the mofiion, which carried unanimously. CONSIDERATION OF AWARD OF SECOND THREE YEAR PROFESSIONAL CONTRACT AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE IMPLEMENTATION OF THE CLEAN WATER ACT INCLUDING '1'F-� NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES), TOTAL MAXIMUM DAILY LOAD (TMDL) REQUIREMENTS, WASTE DISCHARGE REQUIREMENTS FOR RESIDENTIAL ONSITE WASTEWATER TREA'TN�NT SYSTEMS (SEPTIC TANKS) AND ALL OTHER CLEAN WATER PROVISIONS. Planning Director Schwartz presented the staff report providing background regarding the proposed agreement for a consultant to assist the City with implementation of the various aspects of the State mandated Clean Water and National Pollution Discharge Elimination Act permit requirements. Acting City Manager Jenkins explained that the Clean Water Act, National Pollutant Discharge Elimination System, Total Maximum Daily Load requirements and waste discharge requirements for septic tanks are very complex issues and beyond the expertise of City staff. He explained that Ms. McGowan has the expertise and is able to attend the meetings that are held related to this issue and to keep the City informed on the . requirements that are being imposed so that the City remains in compliance. Minutes Ci Council Meeting 10�09/06 -2- Discussion ensued regarding problems that are occurring in the City of Malibu related to septic tanks. Mayor Pro Tem Black expressed concern about the amount expended for the contract and the lack of physical evidence on what is being done on behalf of the City. In response, Ms. Kathleen McGowan, Environmental Consultant, explained the complexity of the issue, her lobbying efforts on behalf of the City and other technical aspects of what she accomplishes on behalf of the City. Ms. McGowan reported that by attending various meetings on behalf of Rolling Hills and other cities that she is kept up-to-date on the regulatory issues associated with this issue. She also explained the required reports that she prepares on behalf of the City. Following discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council award a three-year consulting services agreement to Kathleen IVIcGowan, P.E. in an amount not to exceed $15,137 for the first year, $16,488 for the second year and to $15,463 for the third year, beginning on November 1, 2006, and authorize the Acting City Manager to sign the Professional Services Agreement and execute all appropriate documents. Councilmember Hill seconded the motion which, carried unanimously. � APPOINTMENT OF AD HOC SUBCOMMITTEE OF CITY COUNCIL TO GUIDE THE SEARCH FOR A NEW CITY MANAGER. This.item was deferred until after the closed session. . OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. � � MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF SOLICITATION OF BIDS TO REPAIR DRAIN PIPE ON POPPY TRAIL. Acting City Manager Jenkins reported that the City's records reflect that the City had constructed this drain and that in order to accelerate the repair process that if there were no objections, that staff wouid prepare plans and specifications with the assistance of Bolton Engineering and solicit bids for this project. He indicated that staff would bring a report back to the City Council for the award of bid for this project. No objections were expressed. Acting City Manager Jenkins explained that staff had received a proposal for the re- winterization of the Poppy Trail Landslide from Erosion Control Specialists in the amount of $68,771. He indicated that this item would be included on the next City Council agenda for consideration. Acting City Manager Jenkins distributed a letter from Rolling Hills resident Gordon Schaye regarding a recommendation for a real estate attorney. He said that the City does not currently have any real estate work to be done. Acting City Manager Jenkins explained that RHCA Board Member Leslie Stetson had contacted the City expressing that residents were exploring the idea of collecting donations for a trust fund for the Nealis children. He indicated that he had not yet spoken with her but that he had left a message for her noting the generosity and thoughtfulness of her efforts and that the City could play a temporary role in assisting in collecting donations but that the City was not in a position on a long term basis to administer a trust for the benefit of private individuals. Mayor Lay commended staff for their performance under the difficult circumstances that occurred during the past week. Councilmember Heinsheimer indicated that as a private citizen he is very interested in the presentation regarding the low-pressure sewer system. Mayor Lay asked staff to research the Minutes Ci Council Meeting 10�09/06 _3_ previous Sanitary Sewer System Study completed in 1982 or 1983 in the City and have the contractor take a look at certain areas of the City. Mayor Lay commented on the upcoming project to be completed by the California Water Service Company on Portuguese Bend Road and the projects possible impact of traffic on that roadway. Planning Director Schwartz indicated that the Water Company is currently doing preliminary studies for this project and that staff will be notified when the actual work will commence. MATTERS FROM THE CITY ATTORNEY At 8:31 p.m. the City Council recessed into closed session. 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.G 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. Conference with Real Property Negotiator Government Code Section 54956.8 Property Address: Los Angeles Assessors Parcel # 7574-020-900 City Negotiator: City Manager Negotiating Parties: County of Los Angeles Under Negotiation: Price and Terms of Payment Public Employment Government Code Section 54957 Appoint Position-City Manager At 9:40 p.m. the Council returned to open session. City Attorney Jenkins stated the City Council discussed those items on the closed session agenda and that no reportable action was taken in closed session. APPOINTMENT OF AD HOC SUBCOMMITTEE OF CITY COUNCIL TO GUIDE THE SEARCH FOR A NEW CITY MANAGER. The City Council ratified the appointment of Councilmembers Heinsheimer and Pernell as the Ad Hoc Subcommittee to guide the search for an Interim City Manager. Councilmember Hill Minutes Ci Council Meeting 10�09/06 -4- moved that the City Council ask the Ad Hoc Subcommittee to pursue the search for an City Manager and bring an agreement back to the City Council at their next meeting for approval. Mayor Pro Tem Black seconded the motion, which carried unanimously. Mayor Lay requested that staff respond to the expressions of sympathy the City had received regarding the death of the City Manager. He thanked fhe City Council and staff for the plant he received on his birthday. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:41 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Friday, October 20, 2006 beginning at 8:30 a.m. for the purpose of conducting a field review at 25 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � �2 �� Marilyn Kern Deputy City Clerk Approved, _ v�' v''�-.•�y{-'�'Y'�-�- . B. Allen Lay Mayor Minutes Ci Council Meeting 10�09/06 -5-