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).
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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.
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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
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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.
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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
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Respectfully submitted,
Heidi Luce
Deputy City Clerk
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