Loading...
7/28/2014MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 28, 2014 X-1311111ICIZI I tl A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:32 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Dieringer, Hill, Pieper and Mayor Lay. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, City Clerk. Glenn Burr, Chairman, Peninsula High School Turf Field Campaign. Paige Asawa, Peninsula High School Turf Field Campaign Ralph Black, 36 Saddleback Road. Frank Gargas, 19 Buggy Whip Drive. Spencer Karpf, 14 Caballeros Road. Laura Walters, Community Services Representative, LA County Fire. 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 June 23, 2014. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of June, 2014. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for Months of May and June, 2014. RECOMMENDATION: Receive and file. E. City Council Animal Complaint Process Ad Hoc Committee meeting notes of June 23, 2014. RECOMMENDATION: Receive and file. F. Correspondence from Republic Services proposing the dates of October 11 (greenwaste collection), October 18 (bulky items collection) and October 25 (shred event) for the for the 2014 Annual Fall Clean-up. RECOMMENDATION: Receive and file. G. CONSIDERATION OF THE FOLLOWING CLAIM — CLAIMANT: ALLARD, LISE; DATE OF LOSS: JUNE 20, 2014; DATE FILED: JULY 7, 2014; ALLEGATION: VEHICLE DAMAGE RECOMMENDATION: Deny claim. CONSENT CALENDAR ITEMS FROM THE TRAFFIC COMMISSION: T-1. CONSIDERATION OF A REQUEST FROM THE PALOS VERDES ART CENTER FOR AN ARTIST STUDIO TOUR AT 14 CINCHRING ROAD ON SATURDAY AND SUNDAY, SEPTEMBER 27-28, 2014. RECOMMENDATION: Receive and file. T-2. CONSIDERATION OF FY 2041/15 BID SPECIFICATIONS AND REQUEST FOR BID FOR CITYWIDE REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS PROJECT. RECOMMENDATION: Approve as presented. Councilmember Hill moved that the City Council approve the items on the consent calendar as presented. Mayor Pro Tem Pieper seconded the motion, which carried without objection. Minutes City Council Meeting 07/28/14 -I- COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A DONATION TO THE PALOS VERDES PENINSULA HIGH SCHOOL TURF FIELD CAMPAIGN. Mayor Lay introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that the Palos Verdes Peninsula High School Turf Field Campaign has been authorized by the Palos Verdes Unified School District to raise funds for construction of an artificial turf sports field at Peninsula High School. He stated that the City has previously donated to other programs at the school including the robotics program and the pool campaign and staff believes there is a nexus and Rolling Hills residents that attend the high school and use the facilities will benefit. Mayor Lay asked for public comments. Glenn Burr, Chairman, Peninsula High School Turf Field Campaign and Paige Asawa, also with the Peninsula High School Turf Field Campaign addressed the City Council in support of the Campaign. Mr. Burr stated that the current grass field was built in the 1960's for football and is currently used for football, lacrosse, soccer and marching band but is in very poor shape for most of the year because of its overuse. Ms. Asawa commented that many community groups also use the field including Pop Warner football and the American Youth Soccer Organization and the problem with the current field is that it is not in a playable condition many months out of the year but they have to play on it because there is no other alternative. Councilmember Black expressed his support for the campaign commenting that the field is unusable several months of the year. Discussion ensued concerning maintenance needs as compared to a grass field. Mayor Pro Tem Pieper commented that he feels if the City supports one PVPUSD high school it should support the other because Rolling Hills residents attend both schools. Councilmember Dieringer asked how the City would reconcile using taxpayer funds to make a donation to a school. City Attorney Jenkins responded that public schools are a function of the State of California, supported separately, financially by the State. He stated that a City's funds may only be spent on projects that benefit the City's residents and a City may not generally support the school function but there are instances where a City may assist schools financially when there is a benefit to City residents. He further stated that in some instances when the amount is larger, an agreement between the City and School District is signed as quid pro quo, but he does not feel the amount donated in the past require an agreement because the benefit to the City's residents from use of the field is sufficient consideration to warrant a donation without a formal contract. He suggested that the City Council may consider offering a pledge of a certain amount of funds once a certain level of donation has been achieved. Councilmember Hill moved that the City Council approve a donation of $5,000 to the Palos Verdes Peninsula High School Turf Field Campaign. Councilmember Black seconded the motion. Discussion ensued concerning prior donations, the amount of those donations and making the donation a pledge to be executed upon the campaign achieving 80% of its goal. Following discussion, Councilmember Hill withdrew his motion. Further discussion ensued concerning the amount of the donation. Councilmember Black moved that the City Council approve a donation in the amount of $7,500 for the Peninsula High School Turf Field Campaign to be executed upon the Campaign achieving 80% funding of its $1.2 million goal. Councilmember Hill seconded the motion. Following discussion, Councilmember Dieringer moved to amend the motion to change the amount to $5,000. Mayor Pro Tem Pieper seconded the motion to amend which carried with Councilmember Black opposed. Following discussion, the amended motion to approve the donation in the amount of $5,000 to be executed upon the Campaign achieving 80% funding of its $1.2 million goal carried without objection. Minutes City Council Meeting 07/28/14 -2- OPEN AGENDA - APPROXIMATELY 5:00 P.M. - PUBLIC COMMENT WELCOME Ralph Black, 36 Saddleback Road addressed the City Council regarding a donation he made to the City in 2012 and stated that he would like to make another donation to the City to be used for the Women's Club's flag pole project. Frank Gargas, 19 Buggy Whip Drive addressed the City Council to thank them for their service to the Community and to express concern regarding the uniforms the gate attendants are required to wear. Mayor Lay suggested that Mr. Gargas expressed that concern to the Rolling Hills Community Association Board of Directors. Spencer Karpf, 14 Caballeros Road addressed the City Council regarding fire danger in the community and the importance of fire prevention strategies. He stated that it is the City's responsibility to ensure the welfare and safety of its residents. Laura Walters, Community Services Representative, LA County Fire Dept. addressed the City Council regarding the cave diving incidents in Palos Verdes Peninsula area and urged the City to strongly discourage such activities. Ms. Walters also addressed the importance of fire prevention strategies and community awareness. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Black suggested that City Council consider Mr. Karpf's suggestions regarding fire prevention. Following brief discussion, staff was directed to research options for fire prevention measures for possible implementation and agendize the matter for City Council for consideration. Mayor Lay suggested that the City Council discuss implementing water conservation measures and educating constituents about water conservation. Following brief discussion, staff was directed to research options for water conservation measures for possible implementation and agendize the matter for City Council for consideration. Councilmember Dieringer provided information on a pending bill in Sacramento that was authored by Assemblymember Muratsuchi and would require 24-hour approval on solar panel permits. City Manager Cruz stated that the City of Rolling Hills processes all solar panel installation requests over the counter. MATTERS FROM STAFF CONSIDERATION OF WHETHER TO COMMENCE A PROCESS, INCLUDING POTENTIALLY FORMING A CITY COUNCIL AD HOC COMMITTEE, TO AMEND THE CITY'S VIEW PROTECTION ORDINANCE FOR CONSIDERATION BY THE ELECTORATE AT THE MARCH 2015 REGULAR MUNICIPAL ELECTION. Mayor Lay introduced the item and asked for staff's comments. City Manager Cruz stated that Mayor Lay and Mayor Pieper both, separately, recently inquired as to the process to initiate a ballot measure to amend the City's View Protection Ordinance for consideration by the electorate at the March 2015 regular municipal election. He stated that both suggested possibly forming a City Council Ad Hoc Committee to review and analyze the existing ordinance to determine what amendments should be considered and presented to the electorate to improve the ordinance and eliminate ambiguities resulting from the adoption of Measure B. He further stated that Staff agrees that ambiguities have arisen as a result of the adoption of Measure B at the March 5, 2013 election. These ambiguities are complicating implementation of the view ordinance. If the City Council is inclined, this agenda item affords an opportunity to develop a framework for addressing a possible modification to the ordinance by way of a ballot measure. Mayor Lay commented that with several lawyers being involved in the current view cases, they are looking at the details of the Ordinance rather than the general purpose of the Ordinance and challenging things like when does ownership change, etc. He stated that the City, rather than change the intent of the Ordinance should try to integrate the Measure that was passed in such a way that will allow the Ordinance to work effectively. Mayor Lay suggested that a committee be formed to include two members from the City Council, one member from the Committee on Trees and Views, and two members from the Community to develop a ballot measure to address the issues for consideration by the voters at the March 2015 election. Discussion ensued concerning the best way to accomplish the objective of clarifying the provisions in the Ordinance that are making implementation a challenge for Minutes City Council Meeting 07/28/14 -3- the Committee on Trees and Views and the various other options for changing the Ordinance including possible repealing Measure B. Brief discussion ensued concerning the Rolling Hills Community Association's process for handling view complaints. Ralph Black addressed the City Council commenting that he feels that the Rolling Hills Community Association's process for dealing with view complaints is not effective. Jill Smith, 10 Georgeff Road address the City Council stating that she is currently a member of the Committee on Trees and Views. She asked if the Ordinance is likely to be challenged in court. City Attorney Jenkins responded that it is premature to speculate. Spencer Karpf addressed the City Council stating that he is in favor of the View Ordinance as it was changed in principle but there are some drafting problems that he would like to see cleaned up; but he would suggest against attempting to repealing it. Councilmember Dieringer suggested that the City Council ask the City Attorney to prepare a legal opinion regarding how some of the issues raised can be resolved by drafting language that is easily implemented and enforceable in court. Further discussion ensued concerning the intent of Measure B and best way to maintain the original intent and accomplish the objective of clarifying the provisions that are making implementation challenging. Following discussion, Mayor Pro Tem Pieper and Councilmember Dieringer were appointed to an Ad Hoc committee for the purpose of meeting with staff, including the City Attorney to discuss a process for preparation of a measure to amend the City's View Preservation Ordinance to resolve the ambiguity created by the adoption of Measure B for consideration by the electorate at the March 2015 Election. Mayor Lay asked that the Ad Hoc committee schedule a meeting between now and next City Council meeting and report back to the City Council at the August 11, 2014 meeting. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION None. RETURN TO OPEN SESSION None. I\IallliJ'71101_*UI Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:01 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, August 11, 2014 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Jeff Pieper e55�- Mayor Pro Tem Minutes City Council Meeting 07/28/]4 �R/e�sppeJctfully submitted, c d&'li Heidi Luce City Clerk ME