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12/27/20041 1 11 o�`�MG HI(l f c Q�9 CD *' 0 r �v �- z v s 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 De i i� -4- 1 1 1