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4/27/2009MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, APRIL 27, 2009 ;-0a111XI 31 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 8:00 p.m. in the City .Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: Black. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Interim Deputy City Clerk. Lt. Greg Alm, LASD, Lomita Station. Malcolm Sharp 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 April 13, 2009. 1 RECOMMENDATION: Approve as presented. II B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2009. RECOMMENDATION: Approve as presented. D. Budget/Finance Subcommittee, April 13, 2009 Meeting Notes. RECOMMENDATION: Receive and file. E. Southern California Edison Company Application (A.) to Increase Rates: A. 09-04-008 and A. 09-04-009. RECOMMENDATION: Receive and file. F. Allied Recycling Tonnage Report for March 2009. RECOMMENDATION: Receive and file. Council Member Lay moved that the City Council approve the items on the consent calendar. Council Member Hill seconded the motion, which carried unanimously by those council members in attendance. COMMISSION ITEMS NONE PUBLIC HEARINGS NONE OLD BUSINESS NONE. Minutes City Council Meeting 04/27/09 -1- NEW BUSINESS OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Malcolm Sharp, 74 Eastfield Drive addressed the members of the City Council concerning Measure V - the Parcel Tax Measure for Palos Verdes Peninsula Unified School District that will be on the ballot on June 23, 2009. Mr. Sharp provided background on the Parcel Tax Measure stating that it is an all mail ballot and requested that the City Council endorse the measure. He stated that in mid-February a poll was conducted to determine feasibility of the measure. He further stated that the School District had a spending freeze since October 2008 and is in active collective bargaining with district employees. Mayor Pro Tem Pernell asked Mr. Sharp to confirm the amount of the tax. Mr. Sharp stated that Measure V is asking for an additional $165 that will be added to the current parcel tax of $209 which was renewed in June 2007 and took effect July 1, 2008 for a total of $374. Both will sunset at the same time in four years. He also stated that there is a senior exemption available upon request for property owners 65 and older with primary residence. Following further discussion, Mayor Heinsheimer stated that the matter would be agendized for consideration at the next City Council meeting. MATTERS FROM MEMBERS OF THE CITY COUNCIL Council Member Lay stated that he will not be at the Council meeting on May 11, 2009. Mayor Pro Tem Pernell suggested that the City send a representative to the County of Los Angeles workshop concerning managing a public health crisis on Tuesday, May 26, 2009.. MATTERS FROM STAFF FY 09/10 BUDGET PRIORITIES. City Manager Dahlerbruch presented the Fiscal Year 2009/2010 budget priorities. He stated that that the FY 09/10 budget priorities are mostly housekeeping related and per the staff report include nine items primarily related to, regular maintenance, storm water management and tracking solid waste. He further stated that Staff is not proposing any major changes from year's past. City Manager Dahlerbruch then briefly reviewed revenue projections and stated that five-year revenue projections will be presented at the May 11, 2009 meeting of the City Council. Mayor Heinsheimer suggested that given the current economic situation, the City may be willing to use reserves for FY 09/10 to ensure that City needs are met. Following brief discussion, the report was received and filed. CONSIDERATION OF A REQUEST BY THE OWNERS OF 18 PORTUGUESE BEND ROAD TO WAIVE THE ESCROW REQUIREMENT PER THE THIRD AMENDMENT TO THE SUBDIVISION AGREEMENT AND, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AN AGREEMENT WITH THE OWNERS OF 18 PORTUGUESE BEND ROAD. City Manager Dahlerbruch presented the staff report concerning a request by the owners of 18 Portuguese Bend Road to waive the escrow requirement per the Third Amendment to the Subdivision Agreement. City Manager Dahlerbruch further provided background on the undergrounding project and requirement. Steve and Diana Nuccion, 7 Roundup Road, addressed the members of the City Council stating that a meeting was held with the utilities and the City to discuss the status of the project and payment. Mr. Nuccion reviewed a spreadsheet showing that all of the parties have been paid and upon completion there will be approximately $19,000 left in the escrow account. Mrs. Nuccion presented correspondence from the utilities verifying the status of the project. Council Member Lay asked if Mr. Nuccion is aware that a certificate of occupancy will not be issued until the undergrounding project is complete and the poles are down. Mr. Nuccion verified that he is aware of that requirement. Mayor Pro Tem Pernell asked for clarification as to how escrow could have closed without the $150,000 requirement being met. After further discussion and clarification by City Attorney Jenkins, it was determined that an indemnification was signed so that technically, there is still liability for the $150,00 escrow requirement. Following discussion, City Council authorized that the escrow requirement be waived as a result of the current owner's purchase of the property, but that should a subsequent sale take place prior to the completion of the undergrounding project, the escrow requirement will remain in effect per the Third Amendment to the Subdivision Agreement Minutes City Council Meeting 04/27/09 -2- 1 LIABILITY TRUST FUND UPDATE; AUTHORIZATION FOR A 1 -YEAR CONTRACT EXTENSION AND LETTER TO COUNTY SUPERVISOR (ORAL). City Manager Dahlerbruch presented an update on the Sheriff's department Liability Trust Fund and contract negotiations. He stated that Contract Cities City Managers met last week and suggested that they request the County Supervisors approve a 1 -year extension on the existing agreement for Sheriff's services. Following discussion, City Council authorized staff to pursue a 1 -year contract extension and send a letter to Los Angeles County Supervisor Don Knabe if necessary. CALENDAR OF FUTURE CITY COUNCIL MEETING DATES. Staff presented the proposed City Council meeting dates for the remainder of calendar year 2009 and reviewed the meeting dates that may be cancelled due to conflict. No changes to the proposed dates were requested. 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) 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. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. The closed session began at 8:54 p.m. City Attorney Jenkins reported that the City Council recessed into closed session to discuss the Sheen matter listed on the closed session agenda. He further reported that no reportable actions were taken and turned the meeting back over to Mayor Heinsheimer in open session at 9:06 p.m. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting in memory of Mrs. Reinette Esser and Dr. Richard Sugiyama at 9:07 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 11, 2009 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Thomas V. Mayor Minutes City Council Meeting 04/27/09 Respectfully subpitted, w4wua Heidi Luce Interim Deputy City Clerk -3-