11/27/2006MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
NOVEMBER 27, 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, 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 - (1) Adjourned Regular Meeting of November 13, 2006, (2) Regular
Meeting of November 13, 2006 and (3) Adjourned Regular Meeting of
November 17, 2006.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of October, 2006.
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, which carried
unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
16WI : 8R] let_=
CONSIDERATION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF ROLLING HILLS AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL
DISTRICT TO ALLOW FOR THE RELOCATION OF PORTABLE CLASSROOMS TO
RANCHO DEL MAR CONTINUATION HIGH SCHOOL CAMPUS AT 38 CREST ROAD
WEST.
Mayor Lay reported that the City Council Ad Hoc Subcommittee had met with Palos Verdes
Peninsula Unified School District representatives. City Attorney Mike Jenkins reported that
Mayor Pro Tem Black had observed that the agreement attached to the staff report did not
contain a provision for the removal of storage containers from the District maintenance facility
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as discussed by the parties. He stated that an amended agreement has been placed before the
City Council this evening and ' that the School District has agreed to the amendment. City
Attorney Jenkins also explained other minor clarifying amendments related to references to
the School Site and the Maintenance Yard Site made to the agreement.
Councilmember Heinsheimer moved that the City Council approve an amendment to the
agreement between the City of Rolling Hills and the Palos Verdes Peninsula Unified School
District to allow for the relocation of portable classrooms to the Rancho Del Mar Continuation
High School Campus and the Maintenance Facility. Mayor Pro Tem Black seconded the
motion.
Mayor Lay explained to those in attendance the proposed placement of portable classrooms at
Rancho Del Mar Continuation High School and the Palos Verdes Peninsula Unified School
District Maintenance Facility. He explained that the District would make provisions for the
security of the portable classrooms.
Mr. Roger Hawkins, 37 Crest Road West, expressed concern regarding the placement of 15
portable classrooms at the District's property on Crest Road. In response to Mr. Hawkins,
Mayor Lay explained that 2 of the portable classrooms currently exist on the property
therefore the District is only proposing to relocate 13 to the property. He said that the most
recent amendment to the agreement assures the removal of cargo containers from the
maintenance facility.
Mr. Hawkins stated that previous commitments made by the School District have not been
kept and that it is his feeling that the portable classrooms that are proposed to be stored on
the property would ultimately be used by the District. Mr. Hawkins expressed concern
regarding the overall condition of the School District property.
Mr. Richard Colyear, 35 Crest Road West, stated that he shares Mr. Hawkins' concerns about
past commitments that have been made by the School District especially regarding the PV
Transit operations conducted on the site and he presented the City Council with a list of his
concerns. He stated that he feels that the gate to the property is not locked in the evenings
and on weekends and indicated that he is concerned that people can access the City from the
District property. He explained a recent incident where a person did enter the City of Rolling
Hills through the School District property.
Mrs. Christa Hawkins, 37 Crest Road West, expressed concern about the PV Transit
operations conducted on the site. She also expressed concern that the gate to the District
facility is not locked at night. Staff was directed to review the agreement with the District for
the PV Transit operations.
Councilmembers discussed the concerns raised by Mr. Colyear and Mr. and Mrs. Hawkins -and
suggested that the District and residents meet to discuss the concerns.
In response to Mayor Pro Tem Black, City Attorney Jenkins explained that a different
agreement between the City and District provides for a specific cap on the number of students
that can attend the school as well as the number of adults who can attend the adult school at
the site. He said that in order to increase the student population the District would have to ask
for a further amendment. Mayor Lay expressed his confidence in the School Board Members
and District staff.
Following the discussion, the motion carried unanimously.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Mr. Roger Hawkins, 37 Crest Road West, expressed concern regarding noise and times of
operation associated with the PV Transit operations at the PVPUSD Maintenance Facility and
the overall condition of the site, especially, the dumping of dead vegetation and trash that
takes place during weekends. In response to Councilmember Pennell, Mr. Hawkins stated that
he has relayed his concerns numerous times to the District and the City. He said that some
cooperation has been attained but that over time the situation deteriorates again.
Mr. Richard Colyear, 35 Crest Road West, expressed concern regarding, noise and times of
operation associated with the PV Transit operations at the PVPUSD Maintenance Facility and
the overall condition of the site. He provided a list of his concerns to the City Council. Staff
was directed to research the conditions of approval for the PV Transit Authority and to
forward a copy of Mr. Colyear's list to the District. Mayor Lay encouraged School District
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Staff and the Board Members that were present at the meeting to work with the residents to
address their concerns.
NEW BUSINESS
CONSIDERATION OF AWARD OF BID'FOR THE MAIN GATE BEAUTIFICATION
PROJECT, ACCEPTANCE OF GRANTS RECEIVED FOR THE CONSTRUCTION,
APPROPRIATION OF FUNDS FROM THE COMMUNITY FACILITIES FUND FOR
CONSTRUCTION, APPROPRIATION FROM THE COMMUNITY FACILITIES FUND
FOR CROSSWALK IMPROVEMENTS, AUTHORIZATION FOR STAFF TO ISSUE A
NOTICE TO PROCEED AND CREATION OF A SPECIAL MAINTENANCE FUND FOR
THE PROJECT IN THE NAME OF CRAIG NEALIS.
Councilmember Heinsheimer stated that since the maintenance of the improved area would
be provided for with the City's current landscape contractor that the Council hold off on
establishing a special maintenance fund and moved that the City Council award the bid and
authorize staff to issue a Notice To Proceed and execute all documents for the Main Gate
Beautification Project to the low bidder, Bennett Landscaping in the amount of $70,510.00,
accept grants received for the construction totaling $26,538, appropriate $30,510 from the
Community Facilities fund, Fund Balance for construction of the beautification project and
direct staff to develop plans and specifications and bid crosswalk improvements for review,
approval and appropriation at a later date. Mayor Pro Tem Black seconded the motion, which
carried unanimously.
CONSIDERATION OF A MEMORANDUM OF AGREEMENT (MOA) — JURISDICTION
7 JOINT TOTAL MAXIMUM DAILY LOAD (TMDL) COMPLIANCE FOR THE SANTA
MONICA BAY WATERSHED.
Planning Director Schwartz presented the staff report providing background regarding the
requirements of the Regional Water Quality Control Board.
Councilmember Heinsheimer moved that the City Council approve the Memorandum of
Agreement — Jurisdiction 7 Joint Total Maximum Daily Load compliance for the Santa Monica
Bay Watershed. Councilmember Hill seconded the motion. In response to Mayor Pro Tem
Black, Planning Director Schwartz explained the discussions that occurred regarding the
division of responsibility for each City in the jurisdiction. She said that the land area seemed to
be the most equitable. She explained that the City's consultant attend the meeting to draft the
Memorandum of Agreement and that the City Attorney had review it.
Following the discussion, the motion carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Pernell reported that the 50' Anniversary Committee had met and will be
scheduling more meetings to plan the City's 50' Anniversary Celebration.
MATTERS FROM STAFF
UPPER AND LOWER BLACKWATER CANYON GATE.
Planning Director Schwartz presented the staff report outlining the chronology of events
relative to the gate that is located on the access road between Upper and Lower Blackwater
Canyon Road. She explained that the access road had never been recorded and is not located
on any maps. She reported that the Sheriff and Fire Departments have inspected this area and
determined that the ground cover is too spongy and it would be too steep for their use during
an emergency.
Discussion ensued regarding the need for an accurate map of the area. Mayor Lay suggested
that the properties in the vicinity and the issues would be more apparent if the City Council
conducted a field review of the area.
Dr. Michael Ishak, 8 Upper Blackwater Canyon Road, explained that the access way was
created during the subdivision of his property as an emergency access road. He explained that
he locked the gate because he felt that the road was becoming a nuisance due to people
traversing the access way on foot and with trucks. He expressed his concern that party
activities had taken place in the area as well.
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Mr. Richard Colyear, 35 Crest Road West, stat that he feels that the Rolling Hills Community
Association could gain use of this access way as an easement or that the City could take it over
via eminent domain.
Following the discussion, Mayor Lay continued this matter to the January 8, 2007 meeting of
the City Council for the purpose of scheduling a field trip to the site.
UNDERGROUND UTILITIES AT 17 AND 18 PORTUGUESE BEND ROAD.
Planning Director Schwartz reported that staff would be meeting with the property owners in
the near future and reporting to the City Council at their first meeting in January. Hearing no
objection, Mayor Lay ordered that the report be received and filed.
POPPY TRAIL DRAIN.
Planning Director Schwartz reported that staff would be working with Bolton Engineering to
prepare bid specifications for the repairs to the Poppy Trail drain. Hearing no objection,
Mayor Lay ordered that the report be received and filed.
MATTERS FROM THE CITY ATTORNEY
CONSIDERATION OF A CITY MANAGER EMPLOYMENT CONTRACT
Review and approve the recommended terms and conditions of employment for the
City Manager, direct the City Attorney to draft the City Manager employment contract
according to the approved terms and conditions of employment, and authorize the
Mayor to execute that contract.
This item was held on the agenda until after the closed session.
At 8:25 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.
G.C. 54956.9(a)
Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No.
YC033955.
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
Government Code Section 54957 -- Public Employee Appointment
Title: City Manager
Government Code Section 54957.6 -- Conference with Labor Negotiator
City negotiator: Personnel subcommittee
Unrepresented employee: City Manager
City Attorney Jenkins reported that the City Council discussed the items on the Closed
Session agenda. There were no reportable actions.
At 9:22 p.m., the City Council returned to open session to consider Item 12A, the City
Manager Employment Contract. Councilmember Heinsheimer moved that the City Council
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appoint Anton Dahlerbruch as City Manager effective January 8, 2007, approve the terms of
the contract for City Manager employment contained in the exhibit entitled Proposed
Contract Terms and Conditions dated November 27, 2006, direct the City Attorney to prepare
an agreement in substantial conformance with those terms, and authorize the Mayor to
execute the agreement on behalf of the City Council. Councilmember Hill seconded the
motion, which carried unanimously.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at
9:24 p.m. to the next regular meeting of the City Council scheduled to be held on Monday,
December 11, 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
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