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1/8/2007 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JANUARY 8, 2007 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. 2. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, 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. 3. 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) Regular Meeting of November 27, 2006 and (2) Adjourned Regular Meeting of December 21, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills - December 11, 2006, December 25, 2006 and January 8, 2007. RECOMMENDATION: Approve as presented. - c. Financial Statement for the month of November 2006. RECOMMENDATION: Approve as presented. d. Approval of agreement between the City of Rolling Hills and Mac Solutions for computer consulting services. RECOMMENDATION: Approve as presented. e. Request by the Rolling Hills Tennis Club for disbursement of FY 2006-07 funds for specific projects. RECOMMENDATION: Approve as presented. f. Approval of attendance at the 2007 League of California Cities City Managers Department Meeting scheduled for February 7— 9, 2007. RECOMMENDATION: Approve as presented. g. BFI Recycling Tonnage Report for October and November 2006. RECOMMENDATION: Receive and file. h. California Water Service Company Rate Change. RECOMMENDATION: Receive and file. i. Energy Efficiency Program. RECOMMENDATION: Approve as presented/provide direction. j. Consideration of approval of co-hosting the February 2007 local meeting of the California Contract Cities Association. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion. In response to Mayor Pro Tem Black, City Manager Dahlerbruch explained that the City utilizes the 10 hours per month allocated to the Computer Consultant for City computer related work and that in some months more hours are expended by the consultant. Mayor Lay commented on the 30-day notice termination clause in the agreement. Following the discussion, the motion carried unanimously. SPECIAL PRESENTATION UPDATE REGARDING MEASURE "P" (PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT PARCEL TAX APPROVED IN 2003) PRESENTED BY MR. KEN DYDA. Minutes Ci Council Meeting Ol/ty08/07 -1- Mr. Ken Dyda, Member of the Measure P Oversight Committee, provided a review of the I, Measure P Parcel Tax and how these funds were allocated by the PVPUSD Board of Education � during the past year. He highlighted that because of this funding, the District has been able to maintain lower class sizes, provide new books and instructional material, upgrade technology sites and maintain staffing in programs that would otherwise have been reduced or cut. Following a brief discussion regarding State funding for schools, Councilmerribers thanked Mr. Dyda for the update and for his dedication to the community. PLANNING COMMISSION ITEMS I RESOLUTION NO. 2006-15. f1 RESOLUTION OF THE PLANNING COMMISSION OF ' THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW ' FOR AN ADDITION ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION IN ZONING CASE NO. 733, AT 18 EASTFIELD DRIVE, (LOT 69-A-EF), (RICH). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and the Planning Commission action relative to Zoning Case No. 733. Following a brief discussion regarding the addition as it relates to the roofline, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2006-15. Mayor Pro Tem Black seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS UPPER AND LOWER BLACKWATER CANYON GATE—SCHEDULING OF FIELD TRIP. The City Council scheduled a field trip for Thursday, January 18, 2007 at 8:00 a.m. to review the site in the field. Mayor Pro Tem Black indicated that he was not sure whether his schedule would permit his attendance but that he is familiar with the property. City Manager Dahlerbruch indicated that staff would advise the property owners in the area of this meeting. In response to Mayor Lay, City Manager Dahlerbruch explained that staff would provide the Council with the chronology in regard to this issue with the agenda materials for the meeting and indicated that no maps of the area exist. He said that staff has queried several engineering firms regarding having a survey of the area completed and that the costs are in the $4,000 to $6,000 range to have the area staked. Mayor Lay explained that the when the property was originally subdivided that the Council feTt it necessary to provide this access-way and stated that he feels that since there are no records of the area that the Council should view this area in the field and then decide what steps should be taken. REQUEST FOR ALLOCATION OF $63,770 FOR POPPY TRAIL DRAIN IMPROVEMENTS FROM THE GENERAL FUND BUDGET CONTINGENCY. City Manager Dahlerbruch presented the staff report providing background regarding the proposed Poppy Trail drain improvements and costs associated with the project. Discussion ensued regarding specifications for the project. City Manager Dahlerbruch explained that Bolton Engineering has recommended that the drain be repaired and has prepared the plans and specifications that are currently being used to bid the project. He reported that to date approximately six contractors have requested a bid package. The Council discussed the engineer's estimate of $52,000 to repair the drain. City Attorney Jenkins explained that engineer's estimates are standard with this type of project. Councilmembers discussed the allocation for Bolton Engineering's costs for the project and concurred that the allocation for the actual project should be made after the project has been awarded. Councilmembers discussed the recommendations provided by Bolton Engineering and suggested that staff consult with the County of Los Angeles-Sanitation District, Rancho Minutes Ci Council Meeting 01�08/07 -2- Palos Verdes and Bolton Engineering regarding the specifications and estimated cost fQr this project. Hearing no further discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council allocate $6,570 for Bolton Engineering expenses for this project. Councilmember Pernell seconded the motion which carried unanimously. Mayor Pro Tem Black commented on the costs for the Poppy Trail land movement. Mayor Lay explained that the RHCA is currently reviewing their costs associated with the land movement and will be requesting that City reimburse them for a portion of the costs they have incurred. City Manager Dahlerbruch explained that the on-going monitoring of the land slide by Group Delta Consultants will be an expense that will need to be paid by the City in the future. NEW BUSINESS CONSIDERATION OF RE-APPOINTMENT TO THE ROLLING HILLS PLANNING COMMISSION. Mayor Lay announced that Commissioners Hankins and Henke had expressed a desire to be re-appointed to the Planning Commission. In response to Councilmember Heinsheimer, Mayor Lay explained that it has been the policy of the City Council to re-appoint those persons expressing a desire to continue to serve on a City Commission or Committee. City Manager Dahlerbruch explained that the expiring terms of Commission and Committee members had been posted at City Hall as required by State law. Mayor Lay stated that as the City Council liaison to the Planning Commission that he had received indications that Commissioners Hankins and Henke are members in good standing and actively participate and contribute to the Planning Commission. Following a brief discussion regarding the current reappointment policy, Mayor Lay called for a motion. Councilmember Pernell moved that the City Council re-appoint Planning Commissioners Hankins and Henke each to a 3-year term. Councilmember Hill seconded the motion �vhich carried unanimously. CONSIDERATION OF RE-APPOINTMENT TO THE ROLLING HILLS TRAFFIC COMMISSION. Mayor Lay announced that Traffic Commissioner pon Robertson had expressed a desire to be re-appointed. Councilmember Heinsheimer moved that the City Council re-appoint Traffic Commissioner Don Robertson to a 2-year term. Mayor Pro Tem Black seconded the motion. Councilmember Hill, Chair reported that Commissioner Robertson is member in good standing and actively participates and contributes to the Traffic Commission. The motion carried unanimously. Councilmembers discussed the current re-appointment policy and commended the volunteers on the City's Commission and Committees. It was suggested that staff create a policy for future City Council Commission and Committee appointments for review by the Personnel Subcommittee. ACCEPTANCE OF MAIN GATE BEAUTIFICATION PROJECT DONATION. City Manager Dahlerbruch presented the staff report outlining the offer from Rolling Hills resident Dr. Ralph Black to donate $1,000 to offset the City's cost of the Main Gate Beautification Project. In response to Mayor Pro Tem Black, City Manager Dahlerbruch explained that this item was agendized in order for the City to accept the donation. Mayor Pro Tem Black commented on a previous City Council discussion regarding a donation mechanism in order for the City to accept donations. He indicated that at that time it was stated that such mechanism was not need and that people could donate to the City and that such a donation would be tax deductible if the donation is used for a governmental purpose. In response to Mayor Pro Tem Black, City Attorney Jenkins indicated that the Council could accept the donation without having to vote on the matter. Discussion ensued regarding the letter from Fidelity Charitable Gift Fund and how the City should respond to Fidelity's questions in their correspondence. Minutes � Ci Council Meeting Ol�OS/07 -3- Following the discussion, the City Council accepted the donafiion. It was suggested that staff prepare a letter thanking the donor as well as prepare a letter to Fidelity Charitable Gift I�und ' advising them of the acceptance of the donation and responding to their inquiries. Councilmembers discussed whether donation acceptances should be a formal process. City Attorney Jenkins reported the each city handles donations differently. He said that he would check State law to determine if there must be a formal City Council acceptance of gifts. Mayor Lay indicated that he feels that since donations are rare that they should be agendized in order '� to accept the donation. Mayor Pro Tem Black commented on the offer from the Storm family to assist with the costs of the creaHon of Storm Hill Park. It was suggested that staff review the offer of a donation from a resident for the Storm Hill Park. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF CITY OF ROLLING HILLS 50'�' ANNIVERSARY. Following the report from the City Manager regarding the recommendations from the 50`� Anniversary Celebration Committee that the City use special letterhead and envelopes for the year and that the City Council consider a 50`� Anniversary edition of Rolling Hills tlie Early Years. He explained the costs associated with these recommendations. Councilmember Heinsheimer commented that the book actually highlights Rolling Hills before the City incorporated. Councilmember Pernell explained that Rolling Hills resident Ginger Letts is working on a historical view of Rolling Hills and commented on current Rolling Hills' residents Jack Davidson and Bill Horn who were on the City Council in the early years. Following the discussion, the City Council unanimously approved the 50`� Anniversary stationery and envelopes, declined to approve the re-printing of a 50�' Anniversary Edition of Rolli�t� Hills Tlze Early Yea rs and suggested that a book of the various photos/memorabilia/audio visual presentation material gathered for the Celebration Event be created at a later time. City Manager Dahlerbruch stated that a report on the plans for the celebration would be presented to the City Council in the future. Councilmember Pernell commented on the $15,000 contained in the budget for the anniversary celebration and indicated that he had expressed to the Committee that his amount was only a place holder and Councilmembers concurred. DRAFT POLICY FOR THE DISPLAY OF THE U.S. FLAG AT HALF-STAFF. City Manager Dahlerbruch presented the draft policy. Councilmembers unanimously approved the policy. MATTERS FROM STAFF (ORAL REPORTS). City Manager Dahlerbruch provided an update to the City Council regarding code enforcement efforts in the City. He also inquired regarding the re-organization of the displays in the City Hall Lobby. Councilmember Heinsheimer suggested that Don Crocker's paintings be displayed. Mayor Lay commented on other artists that reside in the City. It was suggested that staff consult with Caballeros regarding their display case as well as with consultants who may be able to provide interior decoration input. At 8:32 the City Council recessed to 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. Minutes Ci Council Meeting Ol�08/07 _4_ 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.G 54956.9(a) Hui-Tse Sheen, Individual, Plaintiff, vs City of I�olling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.G 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. , G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. 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 At 8:40 p.m. the meeting reconvened in open session and City Attorney Jenkins reported that the City Council discussed the items on the Closed Session agenda and no reportable actions were taken. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay ad)'ourned the meeting at 8:41 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Thursday, January 18, 2007 beginning at 8:00 a.m. for the purpose of conducting a field review of the access way between the properties of 6 and 8 Upper Blackwater Canyon Road and 7 Lower Blackwater Canyon Road, Rollirig Hills, California. Respectfully submitted, _� " I� �.lt�v� Marilyn Kern Deputy City Clerk Approved, B. len Lay Mayor Minutes Ci Council Meeting Ol�08/07 -5-