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5/23/2011MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MAY 23, 2011 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: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. James Walker, Finance Director. Heidi Luce, Deputy City Clerk. Judy Huey, Senior Administrative Analyst, City of Rancho Palos Verdes. Roger Sommer, 8 Georgeff Road. 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 May 9, 2011. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Allied Recycling Tonnage Report for April, 2011. RECOMMENDATION: Receive and file.. D. City Council Finance/Budget Committee meeting notes of May 9, 2011. RECOMMENDATION: Receive and file. E. RESOLUTION NO. 1105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DISSOLVING THE CITY OF ROLLING HILLS DISASTER PREPAREDNESS COMMITTEE AND REPEALING RESOLUTION NO. 1032. RECOMMENDATION: Adopt as presented. Mayor Pro Tem Black moved that the City Council approve the items on the consent calendar. Councilmember Pernell seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATION OF RESOLUTION NO. 1107 ADOPTING THE 2011/12 FISCAL YEAR BUDGET AND RESOLUTION NO. 1108 ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR THE CITY OF ROLLING HILLS. RESOLUTION NO. 1107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2011/12 CITY OF ROLLING HILLS BUDGET INCLUDING THE GENERAL FUND; COMMUNITY FACILITIES FUND; MUNICIPAL SELF INSURANCE FUND; OPEB FUND, REFUSE COLLECTION FUND; SOLID WASTE Minutes City Council Meeting 05/23/11 -1- CHARGES; TRAFFIC SAFETY FUND; TRANSIT FUND - MEASURE R; TRANSIT FUND - PROPOSITION A; TRANSIT FUND - PROPOSITION C; COPS AND CLEEP FUND; UTILITY FUND; AND CAPITAL PROJECT FUND FOR FISCAL YEAR 2011/12. RESOLUTION NO. 1108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2011/12 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. Mayor Lay introduced Resolution No. 1107 adopting the 2011/12 Fiscal Year Budget and Resolution No. 1108 establishing the annual appropriations limit for consideration and asked City Manager Dahlerbruch to present the staff report. City Manager Dahlerbruch stated that presented for consideration is a budget reflecting $1.49 million in revenue and $1.88 million in expenditures. He reviewed the projected revenue and expenditures commenting that the expenditures include a payment in the amount of $391,000 to cover the unfunded liability for retiree health care using funds to be transferred from reserves. He also commented that the budget includes an increase in the cost for Sheriff's Dept. services compared to last year and compared to what was presented to the Finance/Budget Committee. He stated that overall, the proposed budget reflects a balanced budget. City Manager Dahlerbruch further reviewed the other fund budgets including the Community Facilities Fund, Traffic Safety Fund, Transit Funds, Solid Waste Charges and OPEB Fund. Mayor Lay then opened the public hearing and called for public comment. Hearing none, he closed the public hearing. Mayor Pro Tem Black asked for clarification as to how the budget remains balanced given that there was a $17,000 increase in Sheriff's Dept. costs since the Committee reviewed the budget. He further commented that rather than increasing the budget for those services, he would prefer to reduce the amount of supplemental traffic enforcement. In response to Mayor Pro Tem Black's question, City Manager Dahlerbruch reviewed the budget for Sheriff's Dept. services commenting that balance was achieved by transferring funds to the General Fund rather than to the Traffic Safety Fund. City Manager Dahlerbruch then reviewed the details of the Sheriff's Dept. service levels and related costs including the supplemental traffic enforcement hours/cost. Councilmember Heinsheimer commented that according to the Sheriff's Dept. data Rolling Hills gets accounts for double the amount of traffic citations compared to the other categories of data and asked for clarification as to whether the citations issued as a part of the supplement traffic enforcement contract are being double counted causing the City's percentage for Sheriff's services to be higher. Following discussion, staff was directed to present this question to the Sheriff's Dept. for clarification and report back to the City Council. Further discussion ensued concerning the supplemental traffic enforcement with a suggestion being made that the number of enforcement hours be reduced from 528 to a lower number. Following discussion, Mayor Pro Tem Black moved that the budget be modified to reflect a reduction in the number of supplemental traffic enforcement hours to 350 hours. Councilmember Heinsheimer second the motion which carried with Councilmember Hill and Mayor Lay in opposition. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1107 adopting the FY 2011/12 Budget as amended to reflect a reduction in the City's Supplemental Traffic Enforcement hours to a maximum of 350 hours; and Resolution No. 1108 establishing the FY 2011/12 appropriation limit. Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Concilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. CONSIDERATION OF ASSIGNMENT OF ROLLING HILLS' AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO ANOTHER CITY. RESOLUTION NO. 1106: AA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF RANCHO PALOS VERDES REGARDING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FROM FISCAL YEARS 2008-09, 2009-10, 2010-11 AND 2011-12. Mayor Lay introduced for consideration the assignment of Rolling Hills' available CDBG funds to another city and asked Planning Director Schwartz to present the staff report. Planning Director Schwartz stated that before the City Council for public hearing and consideration is a Resolution to Minutes City Council Meeting 05/23/11 -2- assign the City's allocation of CDBG funds to another city. She reviewed the criteria for using the funds commenting that since there are no projects in the City that qualify, the City has historically gifted the funds to other cities in the area and reviewed the previous assignment of those funds. She stated that this year, Rancho Palos Verdes and Rolling Hills Estates were contacted to assess their interest in receiving the funds. She further stated that Rancho Palos Verdes responded that it would be interested in the funds to be used to support their Home Improvement Project and Rolling Hills Estates responded that it would be interested in the funds to be used in combination with their funds to be exchanged with another city for general fund dollars. She stated that it is being proposed that the funds be gifted to Rancho Palos Verdes to be used as a part of their housing rehabilitation program. Mayor Lay opened the public hearing and called for public testimony. Judy Huey, Senior Administrative Analyst, City of Rancho Palos Verdes addressed the City Council stating that she administers Rancho Palos Verdes' Home Improvement Program. She explained that the program is a housing rehabilitation program whereby low/moderate income residents may apply for a grant and/or loan to rehabilitate their property. In response to Mayor Pro Tem Black's question regarding income qualification, Planning Director Schwartz reviewed the eligibility table as shown on the Rancho Palos Verdes' Home Improvement Program brochure showing as an example, $41,400 being the low income for a.family of 4. Ms. Huey reviewed further details of the program and qualification requirements. Hearing no further public comment, Mayor Lay closed the public hearing. Councilmember Hill moved that the City Council adopt Resolution No. 1106 approving a letter of agreement between the cities of Rolling Hills and Rancho Palos Verdes transferring the City of Rolling Hills' allotment of CDBG Funds in the amount of $25,732 to the City of Rancho Palos Verdes. Councilmember Pernell seconded the motion, which carried without objection. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mayor Lay introduced consideration of the City's participation in the CDBG program. Councilmember Heinsheimer moved staff's recommendation that the City Council direct staff to inform the appropriate authorities of the City's intent to withdraw from participation in the Community Development Block Grant (CDBG) program. Mayor Pro Tem Black seconded the motion, which carried without objection. CONSIDERATION OF A REVISION TO THE CITY OF ROLLING HILLS FINANCIAL, BUDGET AND DEBT POLICIES TO INCLUDE A POLICY REGARDING POST - EMPLOYMENT BENEFITS OTHER THAN PENSIONS (OPEB). Mayor Lay introduced consideration of a revision to the City's Financial Budget and Debt Policies to include a policy regarding post employment benefits. Finance Director Walker stated that this policy change is being proposed to incorporate the trust fund created for retiree medical as a part of the 2011- 12 budget into the existing policy. Roger Sommer, 8 Georgeff Road addressed the City Council to request clarification on the action. City Manager Dahlerbruch clarified that the proposed action is not a change in retiree benefits, but rather establishes a fund to hold the actuarial estimates for funding the existing benefit. Councilmember Heinsheimer moved that the City Council approve the proposed revisions to the Financial, Budget and Debt Policies to include a policy regarding Other Post Employment Benefits (OPEB). Mayor Pro Tem Black seconded the motion, which carried without objection. Minutes City Council Meeting 05/23/11 -3- CONSIDERATION OF A CITY OF ROLLING HILLS FUND BALANCE POLICY (GASB 54). Mayor Lay introduced for consideration a fund balance policy to address the GASB 54 requirement. Finance Director Walker presented the staff report stating that the proposed policy would establish a minimum Fund Balance to be maintained in each Fund with the next step being establishing a Reserve Policy for future consideration by the City Council upon the Finance/Budget Committee's recommendation. Councilmember Heinsheimer moved that the City Council approve the proposed Fund Balance Policy. Councilmember Hill seconded the motion, which carried without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO A CITY COUNCIL/ PLANNING COMMISSION AD HOC COMMITTEE FOR ADDRESSING DETERRENTS AND PENALTIES FOR CONSTRUCTION AND GRADING WITHOUT PERMITS. (ORAL) Mayor Lay appointed Councilmembers Heinsheimer and Pernell to serve on an ad hoc committee for addressing deterrents and penalties for construction and grading without permits. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Councilmember Hill reported that the Sheriff's Dept. made some recent arrests that should positively impact crime on the Peninsula. He also reported that response times had increased slightly over the first quarter of 2011 but that the Sheriff's Dept. indicated that they should go back down; and in response to Councilmember Pemell's inquiry at the last City Council meeting, the average billing rate for ambulance service is $1,200 with an average collection rate of $400. Mayor Pro Tem Black commented that in view impairment cases where a mediation agreement is reached but not kept, the City should enforce the mediation agreement. Discussion ensued concerning situations where the terms in a mediated agreement are not kept. The City Attorney commented that the City is not a party to those agreements and thus has no enforcement authority. Following further discussion, staff was directed to continue notifying residents that mediation agreements pertaining to view cases are between private parties and the City does not have jurisdiction to enforce the agreements. Staff was further directed that in these instances where a second case is filed with the City, when a mediated agreement is not kept, the case should be taken directly to the View Committee rather than first going through a second course of mediation. Councilmember Pernell commented that upon his suggestion, staff will be providing a recap of the service related calls pertaining to the City's trash collection service. Mayor Lay suggested that the item pertaining to public noticing that was provided as a memo to the City Council be agendized for future consideration. MATTERS FROM STAFF City Manager Dahlerbruch reported on the City's "Spring Clean up", a meeting being held by the RHCA that he will be attending on Wednesday, May 25, 2011, the fire that occurred on Saturday and the Poppy Trail remediation project. 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. No closed session was held. Minutes City Council Meeting 05/23/11 In 1 1 �I ADJOURNMENT 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, June 13, 2011 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, 00, B. Allen Lay v Mayor Minutes City Council Meeting 05/23/11 Respectfully submitted, WAtwk Heidi Luce Deputy City Clerk -5-