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8/8/2011MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 8, 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. Jim Walker, Finance Director. Heidi Luce, Deputy City Clerk. 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 July 25, 2011. B. RECOMMENDATION: Approve as presented. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from Allied Waste Services confirming October 15 and October 22, 2011 for the Annual Fall Green Waste Clean -Up Events. RECOMMENDATION: Receive and File. D. City Council Finance/Budget Committee meeting notes of July 25, 2011. RECOMMENDATION: Receive and file. E. Consideration of a date of December 12, 2011 for the Annual Holiday Open House. RECOMMENDATION: Approve as presented. F. Revised Allied Recycling Tonnage Report for May and June, 2011. RECOMMENDATION: Receive and file. ITEMS FROM THE TRAFFIC COMMISSION: G. Consideration of FY 2011/12 Bid Specifications and Request for Bid for Street Striping and Pavement Markings Project. RECOMMENDATION: Approve as presented. H. Consideration of an Engineering and Traffic Survey of Eight (8) Street Segments: RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar. Councilmember Pernell seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2011-09 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A MODIFICATION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR A NEW SINGLE FAMILY RESIDENCE AND VARIANCES FOR ENCROACHMENT, EXPORT OF SOIL AND TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD. THE MODIFICATION ENTAILS ADDITIONAL GRADING IN THE REAR YARD TO RELOCATE THE PREVIOUSLY APPROVED POOL, IN ZONING CASE NO. 746 MODIFICATION, AT 3 PACKSADDLE ROAD EAST, (LOT 25 -SF), (LIN). Minutes City Council Meeting 08/08/11 -1- Mayor Lay introduced Planning Commission Resolution No. 2011-09 for consideration and asked staff to present the staff report. Planning Director Schwartz reviewed the details of the applicant's request for a modification to a previously approved site plan review. She stated that the Planning Commission approved the modification on a 4-1 vote with Commissioner Henke voting against the Resolution because he felt that appropriate review was conducted in 2008 and that a modification was not warranted. She stated that the applicant is proposing to raise the pad in the rear of the property and to relocate and reconfigure the pool that was approved in 2008 as a part of project that involved a new residence. She reviewed the plans stating that the modification request involves moving the pool closer to the residence, changing the shape from oval to rectangular with an infinity edge and raising the pad by two feet. She further reviewed the plans and commented on the concerns for privacy as raised by the three adjacent property owners. She stated that one resident withdrew his concern after he viewed the staked site. In response to Mayor Lay's question concerning the nature of the concern of the other two property owners, Planning Director Schwartz stated that one was primarily regarding privacy and the other was regarding drainage and geology. Mayor Pro Tem Black commented that 3:1 or 4:1 slopes would look more natural and asked if the Planning Commission considered such a change. City Manager Dahlerbruch replied that given the concern for privacy raised by the neighbors, the grading was approved as originally proposed and approved in 2008. Following staff's presentation and brief discussion, Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2011-09. Councilmember Pernell seconded the motion, which carried without objection. Mayor Lay commented that in the planning process, the Planning Commission may want to explore varying the slopes in future projects to create a more natural appearance. PUBLIC HEARINGS ORDINANCE NO. 324 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING A NEGATIVE DECLARATION AND ADOPTING AN ORDINANCE TO AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO ACCESSORY STRUCTURES, INCLUDING BUT NOT BE LIMITED TO RECREATION ROOMS, GUEST HOUSES AND SIMILAR USES AND TO EXISTING NONCONFORMING AND/OR MODIFIED STABLES IN ZONING CASE NO. 802, ZONING CODE AMENDMENT NO. 2011-01. Mayor Lay introduced Ordinance No. 324 for public hearing and asked staff to provide background on the proposed ordinance. City Manager Dahlerbruch stated that before the City Council is a second public hearing on a proposed municipal code amendment pertaining to the use of stables. He reviewed the comments from the previous meeting commenting that the issue raised regarding notification of the neighboring properties is addressed in the existing ordinance pertaining to new stable structures when a Conditional Use Permit is being requested and in the proposed ordinance for existing stable structures where the applicant is requesting a Stable Use Permit. Following staff's presentation, Mayor Lay opened the public hearing and called for testimony. Hearing none, Mayor Lay closed the public hearing. Discussion ensued concerning the requirement that an applicant for Stable Use Permit obtain letters of support from the neighboring properties. Mayor Pro Tem Black expressed concern regarding the requirement that a photographic record be created when an applicant is requesting a Stable Use Permit for an existing stable structure being used for other uses. Following discussion regarding neighbor notification and the requirement for creation of a photographic record, Councilmember Heinsheimer moved that the City Council waive reading in full and adopt Ordinance No. 324 as presented. Councilmember Hill seconded the motion. Following further discussion, Councilmember Pernell moved that the motion be amended to eliminate the requirement that an applicant for a Stable Use Permit obtain letters of support from the neighbors but rather the applicant show that the neighbors do not oppose the use of the structure as a stable. Following further discussion, Councilmember Pernell withdrew his motion to amend. Mayor Lay asked for a roll call vote on the original motion which carried as follows: AYES: Councilmembers Heinsheimer, Hill, Pernell and Mayor Lay. NOES: Mayor Pro Tem Black. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 08/08/11 -2- 1 1 OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mayor Lay stated that there are two guests in attendance representing a local Boy Scout Troop. The guests introduced themselves as Ethan and Spencer.. Recognizing that it was after 8:00 pm, Mayor Lay called for public comment on items not on the agenda. Hearing none, he continued with the agenda. PUBLIC HEARINGS (CONTINUED1 RESOLUTION NO. 1110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. (NEW) Mayor Lay introduced Resolution No. 1110 finding the City to be in conformance with the Congestion Management Program and adopting the CMP Local Development Report for public hearing and called for public testimony. Hearing none Mayor Lay closed the public hearing, Having reviewed the staff report and having no questions for staff, Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1110 finding the City to be in compliance with the CMP and adopting the CMP Local Development Report. Mayor Pro Tem Black seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS NONE. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 1111 SETTING FORTH THE CONDITIONS FOR EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 AND AFTER JULY 1, 2011; AND, A MODIFICATION TO THE CITY OF ROLLING HILLS EMPLOYEE HANDBOOK AND PERSONNEL POLICY MANUAL PERTAINING TO EMPLOYEE CONTRIBUTIONS TO CALPERS. Mayor Lay introduced Resolution No. 1111 setting forth the conditions for employer paid member contributions to the California Public Employees' Retirement System (CaIPERS) and asked City Manager Dahlerbruch to present the staff report. City Manager Dahlerbruch stated that based on City Council direction during the budget process, the Personnel Committee (Lay/Heinsheimer) met to discuss options relative to reduction in the employer paid member contributions to Ca1PERS. He reviewed the concepts that the Committee discussed as well as what other cities are proposing. He stated that the Committee proposes that all new employees pay the entire employee portion (7%) of the Ca1PERS contribution and further suggests, for existing employees, that the employee pay one percent per year cumulatively over the course of the next seven years and receive a commensurate salary adjustment each year. He stated that before the City Council is that recommendation to be made retroactive to July 1 to correspond with the Ca1PERS fiscal year as well as a staff recommendation, for administrative purposes, to change the City's Cost of Living Adjustment (COLA) to coincide with the July 1St date as well so that all the adjustments are made at the same time. Following staff's presentation, Mayor Lay called for public comment. Roger Sommer, 8 Georgeff Road addressed the City Council. stating that implementing a salary adjustment to compensate for employee's paying the employee portion of the Ca1PERS contribution would increase other expenses like pension, cost of living, holiday pay, vacation. He further commented that asking the employees to pay 7% would not be a huge imposition on the employees. Discussion ensued concerning requiring existing employees to pay the employee portion of the Ca1PERS contribution and the costs associated with implementing such a program. Mayor Pro Tem Black commented that implementing salary adjustment, whether all at once or incrementally over seven Minutes City Council Meeting 08/08/11 -3- years, would be a wash and of no benefit to the City. Mayor Lay commented that if employees are asked to pay the entire 7% without being compensated, it would be equivalent to receiving a 7% decrease in pay. Following discussion, Mayor Pro Tem Black recommended that the resolution be amended to eliminate Section B which would have implemented a benefit by which existing employees would pay 1% per year increasing incrementally so that in the year 2017, employees would pay the entire 7% employee portion. Following brief discussion, Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1111 as amended to eliminate Section 4B and approve a modification to the City of Rolling Hills Employee Handbook and Personnel Policy Manual pertaining to Employee Contributions to Ca1PERS. Mayor Pro Tem Black seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay NOES: None. ABSENT: None. ABSTAIN: None. CONSIDERATION OF PARTICIPATING IN AN IRREVOCABLE TRUST FOR THE CITY'S OPEB LIABILITY AND AN INVESTMENT STRATEGY FOR THE TRUST AND, DIRECTION TO PROCEED WITH THE CITY'S BI -ANNUAL ACTUARIAL EVALUATION OF ITS OPEB LIABILITY. City Manager Dahlerbruch presented the staff report pertaining to consideration of participating in an irrevocable trust for the City's OPEB obligations. He stated that after reviewing the concept with the Finance/Budget Committee, staff seeks direction from the City Council regarding their interest in supporting the concept of participating in an irrevocable trust and if it does, identifying an investment strategy for the trust and proceeding with an actuarial evaluation of its OPEB liability. Finance Director Walker reviewed the details pertaining to creating the trust and the invest strategy options. Mayor Lay called for public comment. Roger Sommer, 8 Georgeff Road addressed the City Council stating that creating an irrevocable trust is an excellent idea. Discussion ensued regarding the asset allocation strategies. Following discussion, Councilmember Heinsheimer moved that the City Council direct staff to proceed with the City's bi-annual actuarial evaluation of its OPEB liability using CERBT asset allocation strategy 1 and begin preparation of the documentation necessary to create an irrevocable trust for the City Council's future consideration. Councilmember Pernell seconded the motion, which carried without objection. CONSIDERATION OF RESOLUTION NO. 1112 APPROPRIATING $100,000 IN CITIZEN'S OPTIONS FOR PUBLIC SAFETY (COPS) FUNDS FOR SUPPLEMENTAL SHERIFF SERVICES IN FISCAL YEAR 2011/12 AND, CONSIDERATION OF APPROVAL FOR FUNDING NEW ITEMS WITHIN EXISTING APPROPRIATIONS IN FISCAL YEAR 2011/12. City Manager Dahlerbruch stated that before the City Council for consideration is a Resolution appropriating $100,000 in COPS funds for supplemental Sheriff's services in fiscal year 2011-12, He stated that when the budget was adopted, it was done so with understanding that the City would not be receiving COPS funds and as such, several budget items were not considered given the City Council's desire to adopt a balanced budget. Since then, the State has indicated that it will fund the COPS program and the City Council is being asked to consider a Resolution appropriating the COPS funds and to consider funding several items that were not previously funded. He reviewed the proposed unfunded items. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1112 appropriating $100,000 in COPS funds for supplemental Sheriff's Dept. services in FY 2011/12. Mayor Pro Tem Black seconded the motion which carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 08/08/11 -4- 1 1 1 Following further discussion, the City Council approved funding` the following items within existing appropriations as indicated below: Item Est. Cost 1. Implementation of document management program $ 5,000 2. City Hall painting and exterior fascia and beam repairs $15,000 3. Update of City's zoning and parcel map (cost shared with RHCA) $ 4,000 4. City Hall campus driveway resurfacing/slurry-sealing* $12,000 5. Crime insurance policy ($1 million coverage, $2,500 deductable)* $ 700 6. One-time exceptional performance/merit pay adjustments (up to 1.9%)* $ 8,200 7. Two mobile radios* $ 600 TOTAL $45,500 *Mayor Pro Tem Black opposed MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Heinsheimer commented on the City's existing ordinance that allows dogs to be off leash, noting an interest in not addressing a change to the ordinance at this time. Following additional comments, the City Council directed staff to not agendize the topic at this time. Mayor Pro Tem Black suggested that a follow-up letter be sent to Senator Rod Wright regarding the suggestion that a 2%@65 option be added to the retirement benefit pools and that a letter be sent to the League of California Cities on the same subject matter. Hearing no objection, staff was directed to prepare the correspondence for the Mayor's signature. Mayor Lay stated that at this time there are no emergent issues and it is likely that the August 22, 2011 meeting will be cancelled due to lack of agenda items. MATTERS FROM STAFF NONE 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. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:27 p.m. to the next meeting of the City Council scheduled to be held on Monday, September 12, 2011 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, B. Allen Lay Mayor Minutes City Council Meeting 08/08/11 Respectfully submitted, Heidi Luce Deputy City Clerk -5-