10/2/2006 MINUTES OF
A SPECIAL MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
� OCTOBER 2, 2006
CALL TO ORDER
Mayor Lay stated that he would open and close this evening's meeting in memory of City
Manager Craig Nealis.
A special meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Lay at 6:05 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: Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
� Nan Huang, Finance Director.
Marilyn Kern, Deputy City Clerk.
Ewa Nikodem, Clerk Typist/Receptionist.
NEW BUSINESS
APPOINTMENT OF AN ACTING CITY MANAGER.
Mayor Lay recommended that the .City Council appoint City Attorney Mike Jenkins as the
Acting City Manager until an interim Manager is selected. Councilmember Heinsheimer
moved that the City Council appoint City Attorney Mike Jenkins as the Acting City Manager.
Councilmember Hill seconded the motion.
In response to Councilmember Pernell, City Attorney Jenkins indicated that he expects that he
would be at City Hall for a couple of hours one or two more days this week in the morning
and that when he was not present at City Hall that would interact with staff via telephone and
erriail. He stated that he would `cover those items that need to be addressed within the next
week but that the Mayor will be proposing to form an ad hoc subcommittee to work on
bringing proposals to the City Council for an interim City Manager and that he expects to act
as City Manager for at least another week.
Mayor Lay indicated that with the City Council approval he would propose that
Councilmembers Godfrey Pernell and Tom Heinsheimer be appointed to an ad hoc
subcommittee to screen the applicants for the interim City Manager to give the City adequate
time to search for a permanent City Manager. No objections were expressed. Mayor Lay
stated that this subject would be further discussed at the City Council meeting to be held on
' October 9, 2006.
In response to Mayor Pro Tem Black, City Attorney Jenkins explained that he does not expect
to be the Acting City Manager for longer than one week and that legally there is no conflict of
interest in a City Attorney acting as City Manager. Mayor Lay stated that the Planning
Director Schwartz will coordinate the day-to-day activities of City Hall and that those issues of
management would be forwarded to City Attorney Jenkins. He also said that
Councilmembers would make themselves available to staff.
�
, Following further discussion regarding the length of time that the City Attorney will be the
Acting City Manager, Councilmember Black suggested that this appointment term be limited.
Councilmembers concurred that the appointment would be until October 24, 2006.
The motion carried unanimously.
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OPEN AGENDA- APPROXIMATELY 6:30 P.M. - PUBLIC COMMENT WELCOME .
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL ,
Mayor Lay drew the Council's attention to a letter to Rolling Hills residents that he had
prepared regarding the loss of the City Manager and the appointment of City Attorney
Jenkins as the acting City Manager. Councilmembers discussed the draft letter and made
various amendments. Staff was directed to mail the final draft of the letter to the residents of
Rolling Hills as well as the City's contractors and the Nealis family.
Councilmember Heinsheimer suggested that the City obtain a bus for residents wishing to
attend the Nealis Memorial Service. Following discussion, it was determined that there was
not enough time to get the word out to residents about transportation to the Memorial
Service.
Mayor Lay stated that the City Council should consider closing City Hall on Thursday,
October 5, 2006 so that staff could attend the Memorial Service. Acting City Manager Jenkins
indicated that he would close City Hall on Thursday. Staff was directed to post a notice that
City Hall will be closed on that day.
Councilmember Pernell suggested that staff inembers be offered grief counseling. City
Attorney Jenkins indicated that the Sheriff's Department had offered to have a Sheriff's
Department grief counselor work with staff and that he would make the necessary
arrangements.
In response to Councilmember Pernell, Finance Director Nan Huang reported that an audit of
the City's financial records had just been completed.
Councilmember Pernell commented on the recruihnent process and the committee that had
interviewed Craig Nealis. He expressed the exemplary service provided to the City by Mr.
Nealis and commented on the upcoming challenges in finding a successor.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
ADTOURNMENT � '
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at
6:30 p.m. in memory of City Manager Craig Nealis. The meeting was adjourned to the
regular meeting of the City Council scheduled to be held on Monday, October 9, 2006
beginning at 6:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
�
Respectfully submitted,
( ;���°��.eltr�
Marilyn Kern
Deputy City Clerk
Approved,
B. Allen Lay �
Mayor
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MINUTES OF
AN ADJOURNED REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
' OCTOBER 9, 2006
CALL TO ORDER
An adjourned regular meeting of the City Council of the City of Rolling Hills was called to
order by Mayor Lay at 6:30 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: Mike Jenkins, Acting City Manager and City Attorney.
Mike Martinet, Executive Director, Office of Disaster Mgmt.
Area G.
SPECIAL PRESENTATION -
� DISASTER MANAGEMENT TRAINING (NIMS).
Mr. Mike Martinet, Executive Director, Office of Disaster Management, Area G, provided
disaster management training relating to the National Incident Management System to the
City Council. �
OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at
7:22 p.m. to the regular meeting of the City Council scheduled to be held on Monday, October
9, 2006 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
Respectfully submitted,
, �� � ���
Marilyn Kern
Deputy City Clerk -
Approved,
B. Allen Lay
Mayor
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MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
OCTOBER 9, 2006
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: Mike Jenkins, Acting City Manager and City Attorney.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
Lt. Greg Ahn, LASD, Lomita Station.
Deputy Greg Evans, 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 - Meeting of September 25, 2006.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
, RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the recommendations in the
Consent Calendar. Mayor Pro Tem Black seconded the motion. Following an explanation from
Acting City Manager Jenkins regarding the checks issued for the accrued vacation that was
earned but not taken by City Manager Nealis, the motion carried unanimously.
� SPECIAL PRESENTATION
Presentation regarding technology related to sewage treatment and disposal.
Mr. Stephen J. Kreitzmann, Regional Manager of E/One Sewer Systems, provided an
explanation of his company's low-pressure sewer pump system. He provided information
regarding the technology of the system as well as the associated cost. He also explained the
systems operation in hilly terrain such as in Rolling Hills.
Following the presentation and discussion, staff was directed to research the Sanitary Sewer
System Study that had previously been completed in the City.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
None. •
PUBLIC HEARINGS
ZONING CASE NO. 726
, MR. AND NIRS. STEVEN PEDEN, 7 OUTRIDER ROAD, (LOT 79-EF). REQUEST FOR A
SITE PLAN REVIEW FOR GRADING AND VARIANCES TO CONSTRUCT A STABLE
IN THE FRONT YARD SETBACK, TO EXCEED THE MAXIMUM PERMITTED TOTAL
LOT COVERAGE AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA
OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE.
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The public hearing was continued to the City Council meeting to be held on Monday,
November 13, 2006 at the applicants' request. .
ZONING CASE NO. 727
MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH).
REQUEST FOR A SITE PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIlZES
GRADING AND A VARIANCE TO LOCATE THE STABLE AND THE CORRAL IN THE
FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE.
Mayor Lay opened the public hearing.
Mr. Doug McHattie, Bolton Engineering, spoke on behalf of the applicant. He explained that
since the last meeting he had prepared a cross-section of the property, which further explains
what the applicants are proposing to do. He explained the Planning Commission requirement
in the resolution of approval that the slope below the area of the proposed stable be
landscaped and stated that he feels that the stable could not be seen from Portuguese Bend �
Road. Mr. McHattie further explained that the area of the proposed stable is fairly flat and
requires only a minimum amount of grading.
Mayor Pro Tem Black stated that he feels that the cross-section was very helpful to him. He
commented on the grading for the previous development on the property that had been
approved by the City CounciL
Hearing no further comments, Mayor Lay continued the public hearing to Friday, October 20,
2006 for the purpose of conducting a field review of the property and further, after the field
trip, the public hearing will be reconvened on October 23, 2006.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF A RECOMMENDATION OF THE WILDLIFE PRESERVATION
COMMITTEE TO HOST A WILDLIFE REHABILITATION EVENT.
Acting City Manager Jenkins presented the staff report providing background regarding the
Wildlife Preservation Committee's recommendation to host a Wildlife Event on November 20,
2006 and their request for funding in the amount of $500 to the South Bay Wildlife
Rehabilitation to conduct the event for Rolling Hills residents.
Councilmember Pernell moved that the City Council approve the recommendation of the
Wildlife Preservation Committee to host a Wildlife Rehabilitation event on November 20, 2006
and authorize funds in the amount of$500 to the South Bay Wildlife Rehabilitation to conduct
this event. Councilmember Heinsheimer seconded the mofiion, which carried unanimously.
CONSIDERATION OF AWARD OF SECOND THREE YEAR PROFESSIONAL
CONTRACT AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES FOR
THE IMPLEMENTATION OF THE CLEAN WATER ACT INCLUDING '1'F-�
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES),
TOTAL MAXIMUM DAILY LOAD (TMDL) REQUIREMENTS, WASTE DISCHARGE
REQUIREMENTS FOR RESIDENTIAL ONSITE WASTEWATER TREA'TN�NT SYSTEMS
(SEPTIC TANKS) AND ALL OTHER CLEAN WATER PROVISIONS.
Planning Director Schwartz presented the staff report providing background regarding the
proposed agreement for a consultant to assist the City with implementation of the various
aspects of the State mandated Clean Water and National Pollution Discharge Elimination Act
permit requirements. Acting City Manager Jenkins explained that the Clean Water Act,
National Pollutant Discharge Elimination System, Total Maximum Daily Load requirements
and waste discharge requirements for septic tanks are very complex issues and beyond the
expertise of City staff. He explained that Ms. McGowan has the expertise and is able to attend
the meetings that are held related to this issue and to keep the City informed on the .
requirements that are being imposed so that the City remains in compliance.
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Discussion ensued regarding problems that are occurring in the City of Malibu related to
septic tanks.
Mayor Pro Tem Black expressed concern about the amount expended for the contract and the
lack of physical evidence on what is being done on behalf of the City. In response, Ms.
Kathleen McGowan, Environmental Consultant, explained the complexity of the issue, her
lobbying efforts on behalf of the City and other technical aspects of what she accomplishes on
behalf of the City. Ms. McGowan reported that by attending various meetings on behalf of
Rolling Hills and other cities that she is kept up-to-date on the regulatory issues associated
with this issue. She also explained the required reports that she prepares on behalf of the City.
Following discussion, Mayor Lay called for a motion.
Councilmember Heinsheimer moved that the City Council award a three-year consulting
services agreement to Kathleen IVIcGowan, P.E. in an amount not to exceed $15,137 for the
first year, $16,488 for the second year and to $15,463 for the third year, beginning on
November 1, 2006, and authorize the Acting City Manager to sign the Professional Services
Agreement and execute all appropriate documents. Councilmember Hill seconded the motion
which, carried unanimously.
� APPOINTMENT OF AD HOC SUBCOMMITTEE OF CITY COUNCIL TO GUIDE THE
SEARCH FOR A NEW CITY MANAGER.
This.item was deferred until after the closed session.
. OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None. �
� MATTERS FROM MEMBERS OF THE CITY COUNCIL
None.
MATTERS FROM STAFF
SOLICITATION OF BIDS TO REPAIR DRAIN PIPE ON POPPY TRAIL.
Acting City Manager Jenkins reported that the City's records reflect that the City had
constructed this drain and that in order to accelerate the repair process that if there were no
objections, that staff wouid prepare plans and specifications with the assistance of Bolton
Engineering and solicit bids for this project. He indicated that staff would bring a report back
to the City Council for the award of bid for this project. No objections were expressed.
Acting City Manager Jenkins explained that staff had received a proposal for the re-
winterization of the Poppy Trail Landslide from Erosion Control Specialists in the amount of
$68,771. He indicated that this item would be included on the next City Council agenda for
consideration.
Acting City Manager Jenkins distributed a letter from Rolling Hills resident Gordon Schaye
regarding a recommendation for a real estate attorney. He said that the City does not
currently have any real estate work to be done.
Acting City Manager Jenkins explained that RHCA Board Member Leslie Stetson had
contacted the City expressing that residents were exploring the idea of collecting donations for
a trust fund for the Nealis children. He indicated that he had not yet spoken with her but that
he had left a message for her noting the generosity and thoughtfulness of her efforts and that
the City could play a temporary role in assisting in collecting donations but that the City was
not in a position on a long term basis to administer a trust for the benefit of private
individuals.
Mayor Lay commended staff for their performance under the difficult circumstances that
occurred during the past week.
Councilmember Heinsheimer indicated that as a private citizen he is very interested in the
presentation regarding the low-pressure sewer system. Mayor Lay asked staff to research the
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previous Sanitary Sewer System Study completed in 1982 or 1983 in the City and have the
contractor take a look at certain areas of the City.
Mayor Lay commented on the upcoming project to be completed by the California Water
Service Company on Portuguese Bend Road and the projects possible impact of traffic on that
roadway. Planning Director Schwartz indicated that the Water Company is currently doing
preliminary studies for this project and that staff will be notified when the actual work will
commence.
MATTERS FROM THE CITY ATTORNEY
At 8:31 p.m. the City Council recessed into closed session.
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.
G.C. 54956.9(a)
Hui-Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community
Association, et. al., Los Angeles County Superior Court, Case No. YC051963. �
Anticipated Litigation:
G.G 54956.9(b)
A point has been reached where, in the opinion of the City Council on the advice of its
legal counsel, based on the below-described existing facts and circumstances, there is a
significant exposure to litigation against the City.
Claim Submitted by Zaffar & Teresa Hassanally, 6 Poppy Trail, Rolling Hills, California.
Claim Submitted by Robert M. Jonas, 3 Poppy Trail, Rolling Hills, California.
Claim Submitted by Donna Freeman, 10 Poppy Trail, Rolling Hills, California.
Claim Submitted by Ron Sommer, 2 Poppy Trail, Rolling Hills, California.
Claim Submitted by Mr. & Mrs. John Lacey, 7 Poppy Trail, Rolling Hills, California.
Claim Submitted by Mr. & Mrs. Ramakrishna Reddy, 11 Poppy Trail, Rolling Hills,
California.
Conference with Real Property Negotiator
Government Code Section 54956.8
Property Address: Los Angeles Assessors Parcel # 7574-020-900
City Negotiator: City Manager
Negotiating Parties: County of Los Angeles
Under Negotiation: Price and Terms of Payment
Public Employment
Government Code Section 54957
Appoint Position-City Manager
At 9:40 p.m. the Council returned to open session. City Attorney Jenkins stated the City
Council discussed those items on the closed session agenda and that no reportable action was
taken in closed session.
APPOINTMENT OF AD HOC SUBCOMMITTEE OF CITY COUNCIL TO GUIDE THE
SEARCH FOR A NEW CITY MANAGER.
The City Council ratified the appointment of Councilmembers Heinsheimer and Pernell as the
Ad Hoc Subcommittee to guide the search for an Interim City Manager. Councilmember Hill
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moved that the City Council ask the Ad Hoc Subcommittee to pursue the search for an City
Manager and bring an agreement back to the City Council at their next meeting for approval.
Mayor Pro Tem Black seconded the motion, which carried unanimously.
Mayor Lay requested that staff respond to the expressions of sympathy the City had received
regarding the death of the City Manager. He thanked fhe City Council and staff for the plant
he received on his birthday.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at
9:41 p.m. to an adjourned regular meeting of the City Council scheduled to be held on Friday,
October 20, 2006 beginning at 8:30 a.m. for the purpose of conducting a field review at 25
Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
� �2 ��
Marilyn Kern
Deputy City Clerk
Approved,
_ v�' v''�-.•�y{-'�'Y'�-�- .
B. Allen Lay
Mayor
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