600 City Council Meeting 12-14-2016 Adjourned Regular MeetingMINUTES OF
AN ADJOURNED REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
WEDNESDAY, DECEMBER 14, 2016
CALL TO ORDER
An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by
Councilmember Pieper at 7:40 a.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
ROLL CALL
Councilmembers Present: Mirsch, Wilson and Pieper.
Councilmembers Absent: Black and Mayor Dieringer.
Others Present: Raymond R. Cruz, City Manager.
Heidi Luce, City Clerk.
OPEN AGENDA - PUBLIC COMMENT WELCOME
None.
CONSENT CALENDAR
None.
COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
OLD BUSINESS
None.
NEW BUSINESS
RESOLUTION NO. 1200 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA RESCINDING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO AN ORDINANCE OF
THE CITY OF ROLLING HILLS REPEALING MEASURE B BY AMENDING SUBSECTION
(E) OF SECTION 17.26.050 AND REPEALING SECTION 17.26.090 OF THE ROLLING
HILLS MUNICIPAL CODE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 7, 2017, AS CALLED BY RESOLUTION NO. 1192.
Councilmember Pieper introduced the item and asked if there were any questions from the City Council
on the staff report or on the Resolution presented for consideration. Hearing none and seeing no members
of the public present to comment on the matter, Councilmember Pieper moved that the City Council adopt
Resolution No. 1200 rescinding the submission of a ballot measure to repeal Measure B from the March 7,
2017 election. Councilmember Mirsch seconded the motion, which carried without objection.
MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
None.
MATTERS FROM STAFF
City Manager Cruz reported that City was recognized by the South Bay Cities Council of Governments
for it efforts related to energy efficiency in 2016. He also reported that the Lomita Sheriff's Station
distributed a press release earlier this week regarding the ALPR camera system that was installed around
the Peninsula and it is expect to run in the Daily Breeze and/or Peninsula News this week.
J
CLOSED SESSION
None.
AD.IOURNMENT
Hearing no further business before the City Council, Councilmember Pieper adjourned the meeting at 7:43
a.m. An adjourned regular meeting of the City Council is scheduled to be held on Monday, December 19,
2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
Respectfully submitted,
citecitheaw
Heidi Luce
City Clerk
Approved,
'cringer
Mayor
Minutes
City Council Meeting
12-14-16
CITY OF ROLLING HILLS
PROOF OF SERVICE BY MAIL AND POSTING
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I am a citizen of the United States. I am over the age of eighteen years and not a party to the
within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California.
On the 9" day of December, 2016,1 serve the within
City Council Meeting - 12/14/16
Adjourned Regular Meeting
a copy of which is annexed hereto and made a part hereof, and the person, or persons, named
below were emailed or mailed the agenda:
E -MAILED MAILED DropBox DELIVERED
interest v City Attorney City Manager
RH Web site listSery Pates CouncilMembers City Council
Int€Fested-pa4ies Dieringer, Pieper,
tied Black, Mirsch and Wilson
Also posted at City Hall, at www.Rolling-Hills.org and PDF's in DropBox.
1 declare under penalty of perjury, that the foregoing is true and correct.
Executed on the 9'" day of December, 2016 at Rolling Hills, California.
Ewa Nikodem
Administrative Assistant
INCORPORATED JANUARY 24, 1957
AGENDA ADJOURNED
REGULAR MEETING
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
CITY COUNCIL CITY OF ROLLING HILLS
WEDNESDAY, DECEMBER 14, 2016 7:30 A.M.
Next Resolution No. 1200
1. CALL TO ORDER
2. ROLL CALL
Next Ordinance No. 349
3. OPEN AGENDA - PUBLIC COMMENT WELCOME
This is the appropriate time for members of the public to make comments regarding the items on the
consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place
on any items not on the agenda.
4. CONSENT CALENDAR
NONE.
5. COMMISSION ITEMS
NONE.
6. PUBLIC HEARINGS
NONE.
7. OLD BUSINESS
NONE.
8. NEW BUSINESS
A. RESOLUTION NO. 1200 — A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA RESCINDING THE SUBMISSION TO
THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE
RELATING TO AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING
MEASURE B BY AMENDING SUBSECTION (E) OF SECTION 17.26.050 AND
REPEALING SECTION 17.26.090 OF THE ROLLING HILLS MUNICIPAL CODE
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 7, 2017, AS CALLED BY RESOLUTION NO. 1192.
Page 1 of 2
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
10. MATTERS FROM STAFF
11. CLOSED SESSION
NONE.
12. ADJOURNMENT
Next meeting: Monday, December 19, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills
City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Public Comment is welcome on any item prior to City Council action on the item.
Documents pertaining to an agenda item received after the posting of the agenda are available for
review in the City Clerk's office or at the meeting at which the item will be considered.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to
participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at
least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure
accessibility and accommodation for your review of this agenda and attendance at this meeting.
City Council Agenda
12/14/16 Page 2 of 2
ter9 a/ Seat a=il¢
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 8-A
Mtg. Date: 12/14/16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: HEIDI LUCE, CITY CLERK CIHV
THRU: RAYMOND R. CRUZ, CITY MANAGER /Li'`
SUBJECT: RESOLUTION NO. 1200 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA RESCINDING THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A
CERTAIN MEASURE RELATING TO AN ORDINANCE OF THE CITY
OF ROLLING HILLS REPEALING MEASURE B BY AMENDING
SUBSECTION (E) OF SECTION 17.26.050 AND REPEALING SECTION
17.26.090 OF THE ROLLING HILLS MUNICIPAL CODE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 7, 2017, AS CALLED BY RESOLUTION NO. 1192.
DATE: DECEMBER 14, 2016
ATTACHMENT:
Certification of Insufficient Nominees
Resolution No. 1200
RECOMMENDATION
It is recommended that the members of the City Council consider and adopt Resolution
No. 1200 rescinding the submission of the following question to the electors of the City of
Rolling Hills:
"Shall an ordinance be adopted repealing the
March 2013 amendments made to the City's View
Preservation Ordinance by Measure B?"
YES
NO
BACKGROUND
At its November 28, 2016 meeting the City Council adopted Resolution No. 1197 adding
the measure shown above to the ballot for the City's election scheduled for Tuesday,
March 7, 2017. At the time the resolution was adopted, the City Council stated its intent to
remove the measure from the ballot if there were not more candidates nominated than
offices to be elected at the close of the nomination period. As of the close of the nomination
period on December 9, 2016 at 5:00 p.m., only the incumbents, Mayor Bea Dieringer and
Councilmember Jeff Pieper qualified as candidates for City Council. Furthermore, they
were also the only two candidates to express an interest in running for City Council and to
pull nomination papers.
When there are no more candidates nominated than offices to be elected, § 10229 of the
Elections Code allows one of the following courses of action to be taken by the City
Council, upon proper notice to the electorate: appoint to the office the persons who have
been nominated; appoint to the office any eligible voter if no one has been nominated; or
hold the election if either no one or only one person has been nominated. The City Council
has previously expressed its intent to appoint the persons nominated and cancel the
election if such a situation arose. A certification that there are not more candidates than
offices to be elected (attached) was delivered to the City Council on Friday, December 9,
2016; and a notice stating the same will be posted and published in the Daily Breeze on
Wednesday, December 14, 2016. As such, a City Council meeting is scheduled for
Monday, December 19, 2016 at 7:00 p.m. to discuss the matter and adopt the resolution
memorializing such an action if that is still the City Council's desire.
CONCLUSION
Recognizing that there were not more candidates nominated than offices to be elected and
based on the City Council's previously stated intent to withdraw the measure, staff has
prepared a Resolution to accomplish that directive. The resolution is presented for
consideration and adoption.
HL:
Rescind Measure March 2017-staffreport.docx
-2-
derr al Silk, geek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310)377-7288
CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED
I, Heidi Luce, City Clerk of the City of Rolling Hills, do hereby certify
pursuant to § 10229 of the Elections Code of the State of California, the following facts
relating to the Genera Municipal Election to be held on Tuesday, March 7, 2017:
As of the close of the nomination period on December 9, 2016, there are not
more candidates than offices to be elected.
The persons so nominated for Member of the City Council are:
Bea Dieringer
Jeff Pieper
That § 10229 of the Elections Code allows one of the following courses of
action to be taken by the City Council:
1. Appoint to the office the persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
A notice of these facts will be published on December 14, 2016 in a newspaper
of general circulation in the city pursuant to § 6061 of the Government Code. After the
fifth day following the date of publication, the City Council will meet to either make the
appointments or direct an election to be held. The persons appointed, if any, shall
qualify and take office and serve exactly as if elected at a municipal election for the
office.
If, by the 75th day before the municipal election, no person has been
appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to § 10229 of the Elections
Code, the City Clerk shall not accept for filing any statement of write-in candidacy
`which is submitted after the appointment is made.
SOefiith
Heidi Luce
City Clerk
Dated: December 9, 2016
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 1200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA RESCINDING THE SUBMISSION
TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN
MEASURE RELATING TO AN ORDINANCE OF THE CITY OF
ROLLING HILLS REPEALING MEASURE B BY AMENDING
SUBSECTION (E) OF SECTION 17.26.050 AND REPEALING
SECTION 17.26.090 OF THE ROLLING HILLS MUNICIPAL CODE
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 7, 2017, AS CALLED BY RESOLUTION NO.
1192.
WHEREAS, a General Municipal Election on Tuesday, March 7, 2017 has been called by
Resolution No. 1192, adopted on October 24, 2016, and
WHEREAS, the City Council desires to rescind a question relating to whether the provisions
added to Chapter 17.26 (View Preservation) of the Rolling Hills Municipal Code by Measure B in
March 2013 should be repealed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, does order repealed
Resolution No. 1197 thereby removing the following question from the General Municipal Election:
YES
"Shall an ordinance be adopted repealing the March
2013 amendments made to the City's View
Preservation Ordinance by Measure B?"
NO
SECTION 2. That in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2016.
BEA DIERINGER
MAYOR
Resolution No. 1200 -1- O
ATTEST:
HEIDI LUCE
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
The foregoing Resolution No. 1200 entitled:
SS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA RESCINDING THE SUBMISSION
TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN
MEASURE RELATING TO RELATING TO AN ORDINANCE OF THE
CITY OF ROLLING HILLS REPEALING MEASURE B BY
AMENDING SUBSECTION (E) OF SECTION 17.26.050 AND
REPEALING SECTION 17.26.090 OF THE ROLLING HILLS
MUNICIPAL CODE AT THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, MARCH 7, 2017, AS CALLED BY
RESOLUTION NO. 1192.
was approved and adopted at an adjourned regular meeting of the City Council on the 14th day of
December, 2016 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
HEIDI LUCE
CITY CLERK
2 g
Resolution No. 1200