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Cily'ol Roffiny A116 INCORPORATED JANUARY 24, 1957
NOTICE OF ADJOURNMENT
DUE TO LACK OF QUORUM
CITY OF ROLLING HILLS
CITY COUNCIL
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityolrh@aol.com
NOTICE IS HEREBY GIVEN that the regular meeting of the City
Council of the City of Rolling Hills scheduled for Monday, December 27, 2004, was
adjourned due to lack of quorum. The next regular meeting will be held on Monday,
January 10, 2004, beginning at 7:30 p.m. in the City Council Chambers, at.City Hall, 2
Portuguese Bend Road, Rolling Hills, California.
Dated this 27`' day of December, 2004.
Marilyn L. Keri
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS)
MARILYN L. KERN, being first .duly sworn,. deposes and says: That she is
the duly appointed Deputy City Clerk of the City of Rolling Hills and that on December
27, 2004, she caused the above Notice to be posted on the door of Rolling Hills City
Hall, 2 Portuguese Bend Road, Rolling Hills, California.
MARILYN L. IIRN
DEPUTY CITY CLERK
1<���
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
JANUARY 10, 2005
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Heinsheimer at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
ROLL CALL
Councilmembers Present: Black, Hill, Lay, Mayor Pro Tem Pernell and Mayor
Heinsheimer.
Councilmembers Absent: None.
Others Present: Craig Nealis, City Manager.
Marilyn Kern, Deputy City Clerk.
Lt. Greg Ahn, LASD, Lomita Station.
Sergeant Paul Creason, LASD, Lomita Station.
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 November 22, 2004.
RECOMMENDATION: Approve as presented.
b. Payment of Bills - December 13, 2004, December 27, 2004 and January 10, 2005.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the months of October and November, 2004.
RECOMMENDATION: Approve as presented.
d. Budget Calendar for Fiscal Year 2005-06.
RECOMMENDATION: Receive and file.
e. Approval of recommendation from the Palos Verdes Peninsula Regional Law
Enforcement Committee for off-road motorcycle enforcement team equipment.
RECOMMENDATION: Approve as presented/provide direction.
f. Correspondence from California Water Service Company regarding Advice
Letter No. 1702 requesting changes in its tariff schedules applicable to its Palos
Verdes District.
RECOMMENDATION: Receive and file.
g. Funding request for DARPA Grand Challenge Team.
RECOMMENDATION: Approve as presented/provide direction.
h. Correspondence from Southern California Edison Company regarding notice of
filing of application for increase in electric rates, Application No. A.04-12-003 filed
with the California Public Utilities Commission.
RECOMMENDATION: Receive and file.
i. Correspondence from Southern California Gas Company regarding Application
No. A.04-12-004 filed with the California Public Utilities Commission to revise its
rates for gas service.
RECOMMENDATION: Receive and file.
j. Consideration of a continued agreement between the City of Rolling Hills and
Mac Solutions for computer consulting services.
RECOMMENDATION: Approve as presented.
k. BFI Recycling Tonnage Report for November.
RECOMMENDATION: Receive and file.
Councilmember Lay moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Black seconded the motion, which carried unanimously.
PLANNING COMMISSION ITEMS
None.
Minutes
City Council Meeting
01/10/05 -1-
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF RE -APPOINTMENTS TO THE PLANNING COMMISSION.
Mayor Heinsheimer announced the item and called for a motion. Councilmember Hill moved
that the City Council re -appoint Arvel Witte and Loren DeRoy to three-year terms on the
Planning Commission, which will expire on January 1, 2008. Mayor Pro Tem Pernell seconded
the motion.
In response to Councilmember Black, City Manager Nealis explained the State law regulating
vacancies on City Commissions and Committees. He also explained the advertisement
procedures for vacancies and the process of receiving letters of interest and the Personnel
Subcommittee interview process that results in a recommendation for the City Council to
appoint new commissioners used in the past. He indicated that traditionally, the City Council
has re -appointed standing commissioners when terms expire. He reported that
correspondence had been previously forwarded to members of the City's Commissions and
Committees whose terms would expire on January 1, 2005 to determine their level of interest
regarding re -appointment.
In response to Councilmember Black, Mayor Pro Tem Pernell stated that traditionally the
Commissioners and Committee Members have been re -appointed but that if the City Council
elects to do so, that this would be the time to re-evaluate an appointment of a Commissioner
or Committee Member who has not demonstrated an involvement or has acted in an
inappropriate manner.
Councilmember Black inquired as to what the process would be if a Councilmember had
concern about the viewpoint of one of the Planning Commissioners and would prefer to see
other applicants. Councilmember Lay indicated that he feels that if a Councilmember had a
concern with a Commission or Committee Member that it should be brought to the attention
of the City Council Personnel Subcommittee. Councilmembers discussed the current
procedure and timeliness of the current re -appointments. City Manager Nealis explained that
correspondence had been forwarded to members of the City's Commissions and Committees
whose terms would expire on January 1, 2005 in the fall inquiring as to whether they wished
to be re -appointed. He indicated that this correspondence was copied to the Members of the
City Council and noted in the Weekly Memorandum.
Further discussion ensued regarding the current appointments to the Planning Commission.
Mayor Heinsheimer asked if Councilmember Black had a concern with one or both
appointments. Councilmember Black indicated that he had a concern with one. The City
Council discussed the procedure of appointments and determined that they would consider
the two appointments separately. Councilmember Hill withdrew his original motion and
Mayor Pro Tem Pernell withdrew his second.
Councilmember Black moved that the City Council re -appoint Arvel Witte to a three-year
term on the Planning Commission, which will expire on January 1, 2008. Councilmember Hill
seconded the motion, which carried unanimously.
Councilmember Lay moved that the City Council re -appoint Loren DeRoy to a three-year
term on the Planning Commission, which will expire on January 1, 2008. Mayor Pro Tem
Pernell seconded the motion.
Councilmember Black commented on the guidelines that are given to Commissioners at the
time they are appointed and indicated that he understands that people would have their own
personal opinions regarding what is or is not a character or nature of what we wish to have in
the City. He expressed that he is concerned about the concerns expressed by Commissioner
DeRoy during the Commission's review of a recent zoning case that was taken under
Minutes
City Council Meeting
01/10/05 -2-
jurisdiction by the City Council. He also commented on Commissioner DeRoy's involvement
with the Committee on Trees and Views and expressed that he felt that it was Commissioner
DeRoy's involvement that led to the Committee's solution to the view impairment case that
has been appealed to the City Council. He stated that neither of the solutions in these cases, in
his viewpoint, are consistent with what is his view for the City and interpretation of the City
rules and that he feels that Commissioner DeRoy should be given some redirection or advise
as to the goals of the City. Councilmember Black indicated that he understands that these
goals may be different for everyone.
Mayor Heinsheimer stated that it is expected that Commissions and Committees may have a
spectrum of views and opinions when reviewing land use issues. He stated that if the
Commission and Committee Members conform to the overall policy guidelines of the City
then he feels that there is no problem and indicated that there would be a concern if a
Commission or Committee Member acted inappropriately or in an unprofessional manner
and that it would be grounds for their removal. In response to Mayor Heinsheimer,
Councilmember Black indicated that there were twelve applicants the last time there was a
vacancy on the Planning Commission.
Mayor Pro Tem Pernell explained that a good indication that there are problems with
members of a Commission or Committee would be if one member consistently voted
contrary to the other members. Councilmember Lay stated that he credits Commissioner
DeRoy for her concerns with the zoning case that Councilmember Black cited previously
regarding the mass of the project and the way it was oriented on the lot. He stated that in his
view Commissioner DeRoy has added a component to the Planning Commission that is quite
valuable in terms of a sense of land planning due to her experience. Councilmember Black
commented that he felt that the mass of the home in the previous zoning case was within the
City's rules and guidelines. Councilmember Lay explained that prior to Site Plan Review the
City did not have the control over the size of a house versus pad and that this was the basis of
Commissioner DeRoy's objection. Councilmember Black further commented the history of
this zoning case as it went through Planning Commission review and expressed concern that
the resident had to go through the process again.
Councilmember Black also commented on the view case and stated that he felt that
Commissioner DeRoy was the impetus to the current resolution of this case. In response to
Councilmember Lay, City Manager Nealis stated that the vote from the Committee on Trees
and View was unanimous in this case.
Hearing no further discussion, Mayor Heinsheimer called for a roll call vote on the re-
appointment of Commissioner Deroy.
AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
CONSIDERATION OF RE -APPOINTMENTS TO THE TRAFFIC COMMISSION.
Mayor Heinsheimer introduced the item and called for a motion.
Councilmember Lay moved that the City Council re -appoint Don Robertson to a two-year
term on the Traffic Commission, which will expire on January 1, 2007. Mayor Pro Tem Pernell
seconded the motion, which carried unanimously.
CONSIDERATION OF RE -APPOINTMENTS TO THE WILDLIFE PRESERVATION
COMMITTEE.
Mayor Heinsheimer introduced the item and called for a motion. City Manager Nealis
explained that the Council would be elevating Gordon Schaye to full membership on the
Committee due to Committee Member DeRoy's indication that she was no longer able to
serve on the Committee and that staff will advertise for an Alternate Member.
Councilmember Hill moved that the City Council re -appoint Brent Barnes, Ralph Black, Pia
Raine and Gordon Schaye to four-year terms on the Wildlife Preservation Committee which
will expire on January 1, 2009 and direct staff to advertise for an Alternate Member of the
Wildlife Preservation Committee. Councilmember Black seconded the motion, which carried
unanimously.
Minutes
City Council Meeting
01/10/05 -3-
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Los Angeles County Sheriff Department representatives in attendance reported on the closure
of Western Avenue at Westmont Avenue in Rancho Palos Verdes and Palos Verdes Drive
South in San Pedro.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Pro Tem Pennell commented on the job well done by the Rolling Hills Community
Association staff during the most recent storm response. Councilmember Lay also thanked
the City staff for their involvement in coordinating the recent storm responses.
MATTERS FROM STAFF
City Manager Nealis reported that correspondence had been received from the Tyndalls
expressing that they would like to cancel the field trip to review their view impairment case
due to inclement weather. Councilmembers directed staff to place this item of the January 24,
2005 meeting agenda for consideration of an alternative field trip date.
City Manager Nealis reported that he would have "before and after" photographs of the City
of Rolling Hills Rule 20A Utility Undergrounding Project on Crest Road available for viewing
at the RHCA Annual meeting on January 19, 2005.
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.
Existing Litigation:
G.C. 54956.9(a)
Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et.
al., Los Angeles County Superior Court, Case No. BC275012.
No closed session was held.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Heinsheimer adjourned the
meeting at 7:55 p.m. in memory of longtime resident Mrs. Dotha Welbourn who passed away
recently. The meeting was adjourned to the next regular meeting of the City Council
scheduled to be held on Monday, January 24, 2005 in the City Council Chambers at City Hall,
2 Portuguese Bend Road, Rolling Hills, California.
Thomas
Mayor
Minutes
City Council Meeting
01/10/05
Respectfully submitted,
AM y ern
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