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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 Minutes City Council Meeting 11/27/06 -1- 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 Minutes City Council Meeting 11/27/06 -2- 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. Minutes City Council Meeting 11/27/06 -3- 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 Minutes Ci Council Meeting 11 27/06 -4- 1 1 fl 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 Minutes City Council Meeting 11/27/06 -5-