4/14/2008MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
APRIL 14, 2008
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Hill 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, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor
Hill.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
Lt. Greg Ahn, 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 March 24, 2008.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. City Council Solid Waste / Recycling Committee, March 24, 2008 Meeting Notes.
RECOMMENDATION: Receive and file.
d. Allied Recycling Tonnage Report for February 2008.
RECOMMENDATION: Receive and file.
e. Los Angeles County Operational Area Emergency Exercise "Golden Guardian."
RECOMMENDATION: Approve as presented.
f. Correspondence from California Water Service Company, Advice Letter No.
1854 filed with the Public Utilities Commission transmitting for filing changes in
its tariff schedules.
RECOMMENDATION: Receive and file.
Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent
Calendar. Councilmember Pernell seconded the motion. Following an explanation regarding
the check in the amount of $14,260.00 to Comprehensive Planning Services for the State
required housing element update, the motion carried unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO A REQUEST FROM THE PALOS VERDES WOMEN'S CLUB. FOR A
GARDEN TOUR AT 2 JOHNS CANYON ROAD AND 35 CREST ROAD WEST
(COLYEAR) ON SATURDAY, MAY 17, 2008
City Manager Dahlerbruch presented the staff report outlining the request from the Palos
Verdes Women's Club to conduct a garden tour at 2 Johns Canyon Road and 35 Crest Road
West on May 17, 2008 and the Traffic Commission's recommended approval of the request.
Hearing no discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council accept the recommendation from
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the Traffic Commission and approve the request from the Palos Verdes Women's Club to
conduct a garden tour at 2 Johns Canyon Road and 35 Crest Road West on Saturday, May 17,
2008. Councilmember Pernell seconded the motion which carried unanimously.
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO WHITE EDGE -LINE STRIPING ON ALL ROADWAYS WITHIN THE
CITY
City Manager Dahlerbruch introduced the City's Traffic Engineer Vanessa Munoz. He
presented the staff report outlining the Traffic Commission's recommendation that all
roadways in the City be edge -line striped and reported on the type of anti-skid paint that has
been suggested to keep horses from loosing their footing as well as the cost for this material.
He then drew the Council's attention to the list of roadways in the city that do not have edge -
line striping. Hearing no discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council accept the recommendation from
the Traffic Commission that all roadways within the City be edge -line striped beginning with
the Citywide Replacement of Striping and Pavement Marking project in FY 2009-2010.
Councilmember Black seconded the motion which carried unanimously.
MIDDLERIDGE LANE NORTH — CONSIDERATION OF AN ENGINEERING STUDY
AND INSTALLATION OF SPEED HUMPS
City Manager Dahlerbruch presented the staff report providing background regarding the
concerns about speeding vehicles that have been brought forward by the residents of
Middleridge Lane North. He indicted that the residents had originally requested lowering the
speed limit to 10 mph but that the Traffic Engineer had indicted that a speed limit lower than
15 mph is not legally possible per the vehicle code. City Manager Dahlerbruch reported on
measures undertaken such as the speed board and directed traffic enforcement to try to deter
speeding on Middleridge Lane North. He indicated that the resident spearheading the
campaign has indicated that most residents on the street would favor the installation of speed
humps contingent upon knowing where they would be located but that an engineering study
would need to be done to determine if they are warranted.
Mayor Pro Tem Heinsheimer moved that the City Council authorize staff to commence the
study. Councilmember Black seconded the motion.
Discussion ensued regarding concerns expressed previously about the affect of speed humps
on the response of emergency vehicles and the fact that the City has avoided installing them
for many years. The Traffic Engineer explained that speed humps can be reduced in height to
lessen the impact on vehicles and that they do not necessarily need to cover the entire width of
the street. She also said that there is a speed hump design that has been authorized by the Fire
Department. Ms. Munoz also explained in response to query that speed hump design would
also have an affect on drainage and that the signage associated with the speed humps is
necessary.
Councilmembers further discussed the matter and concerns raised many years ago about the
installation of speed humps in the City. It was suggested that it be determined whether 100%
of the residents living on Middleridge Lane North be in support of speed humps on their
street. It was noted that the lead resident was not in attendance but the City Manager noted
that she verbally indicted to the Traffic Commission and the neighbors did support speed
humps contingent of where they would be located.
Following the discussion, Mayor Pro Tem Heinsheimer and Councilmember Black agreed to
amended the motion and second that the City Council authorize staff to commence the study
following written notification that 1007o of the Middleridge Lane North residents expressed
their support of speed humps. The motion carried by the following roll call vote:
AYES: Councilmembers Black, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
NOES: Councilmember Lay.
ABSENT: None.
ABSTAIN: None.
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PUBLIC HEARINGS — continued
ORDINANCE NO. 309. CONSIDERATION OF AN ORDINANCE TO MODIFY
OUTDOOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF
THE ROLLING HILLS MUNICIPAL CODE
City Manager Dahlerbruch reported that Ordinance No. 309 has been amended as directed by
the City Council during first reading and introduction at their last meeting and that it is being
presented for second reading and adoption this evening.
Mayor Hill reopened the public hearing.
Mr. Spencer Karpf, 14 Caballeros Road, stated that he feels that the Planning Commission, City
Council and staff provided an ordinance that balances many of the competing interests in this
matter. He distributed to the City Council and those in attendance a copy of his proposed
suggestions for modifications to the ordinance as well as a copy for the file indicating that they
are language modifications and do not change the intent of the ordinance. He reviewed and
explained each one with those in attendance.
Mr. Steven Spierer, representing the property owners of 22 Crest Road East, commented on the
proposed suggestions for modifications to the ordinance offered by Mr. Karpf and offered his
concerns and suggestions regarding some of the items listed by Mr. Karpf. He expressed his
support for the ordinance as presented. In reply to Mr. Spierer, Mr. Karpf commented on the
intent of the grandfather clause.
Mr. Burt Balch, 6 Hackamore Road, explained that he feels that the proposed ordinance is a
good middle ground between the varying opinions that have been offered regarding, this
matter.
Mayor Hill closed the public hearing.
Councilmembers discussed the points outlined by Mr. Karpf and Mr. Spierer.
Councilmembers also discussed the suggestions regarding language in the proposed
ordinance offered by the City Attorney. Discussion ensued regarding the paragraph outlining
the modifications from the lighting regulations due to special circumstances. The City
Attorney reiterated that the intent of the grandfather clause is that any fixture that was legally
installed in compliance with the requirements of the code may remain and that any fixture that
was illegal when it was installed may not remain. He also explained that he agrees with Mr.
Karpf's comments that Paragraph 4b may be under inclusive and suggested that the City
Council may amend this language if it desires.
Discussion ensued regarding motion sensor security lighting and a suggestion was offered
that there may be security lighting that could be automatically switched on by a resident if
they notice something occurring on their property. It was noted that motion sensor security
lighting might be activated unnecessarily by animals that reside on or visit the property
throughout the night.
Mayor Pro Tem Heinsheimer moved that the City Council waive further reading and
reintroduce Ordinance No. 309 with the following amendments:
In Section 2, Paragraph 2b, that the words "motion sensor" be stricken;
In Section 2, Paragraph 3, that the word superior be changed to exceptional; and
In Section 2, Paragraph 4b, that ".... or, if of a lighting type not described in paragraphs 2 (a) —
(e), shall be non -reflective and shall not exceed a total of 25 watts in each fixture" be added.
Councilmember Black seconded the motion which carried unanimously.
It was reported that his item will be considered for second reading and adoption at the next
City Council meeting scheduled to be held on Monday, April 28, 2008.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Mr. Don Martin, 22 Crest Road East, commented on crime statistics for Rolling Hills and
expressed concern that there were two burglaries since January 2008. He suggested that
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articles be placed in the Citywide Newsletter alerting residents to not have a false sense of
security and that crimes are committed in Rolling Hills.
OLD BUSINESS
REQUEST FROM MR. MANELAOS SARIDAKIS, 18 PORTUGUESE BEND ROAD FOR
MODIFICATION OF AN IMPROVEMENT AGREEMENT FOR UNDERGROUNDING
OF UTILITY LINES PURSUANT TO CONDITION OF APPROVAL FOR PARCEL MAP
NO. 23991 AND A REQUEST TO OBTAIN FINAL INSPECTION
City Manager Dahlerbruch presented the staff report providing background regarding the
request from the property owners for relief from the subdivision improvement agreement
requirement and requesting final inspection and / or occupancy permit be issued for them to
refinance their construction loan. He also provided information regarding the prior and
alternative plans for the undergrounding of the utilities. It was noted that the City Council
had given approval for either plan but that the Council had .directed the applicants to provide
additional information regarding the status of the construction bids, status of easements
required for this project, cost estimated and time schedule to commence construction. The
City Manager pointed out on the alternative plan the configuration of the poles and utility
lines. He explained that in the past couple of days it has become unclear whether additional
easements are necessary to complete the alternative plan. He pointed out the area near 13
Portuguese Bend Road and reported that the previous owner of the property had placed the
utilities underground on the property and may have provided the authority for Edison at that
time. He also explained that Edison is currently working with the property owner at 1 Lower
Blackwater Canyon Road to obtain an easement. He indicated that the applicant has provided
documentation relative to the loan expiration, cost estimates for the project and time schedule
for commencement of the work and that the applicant has provided a letter noting that all
easements have been procured, except for 1 Lower Blackwater Canyon Road.
Comments were offered regarding the July deadline for completion of the undergrounding
requirement and what would happened if the work has not been completed. The City
Attorney explained that the City would need to enforce the contract but just like the applicant,
the City would also have limited control over the neighboring property owners granting
easements.
Discussion ensued regarding the Council's previous direction to the applicant to return when
they are ready to report on the status of the construction bids, status of easements required for
this project, cost estimated and time schedule to commence construction and the fact that the
necessary Edison easements have not been obtained. The City Attorney explained that the
applicant is requesting to receive a certificate of occupancy in order to refinance his loan while
they continue to work this out. It was suggested that the applicant could underground the
utilities using the previous design.
Mr. Scott Gobble, Southern California Edison Company, explained the electrical plan
including the secondary and primary feeds across the affected properties. Discussion ensued
regarding the plan showing the lines that span across to Lower Blackwater Canyon Road. Mr.
Gobble explained that he is working with the property owners at 1 Lower Blackwater Canyon
Road and 13 Portuguese Bend Road to obtain the necessary easements for this line. He
explained a slight reconfiguration of the wires to take them out of the view of the property
owner at 13 Portuguese Bend Road but indicated that this would require another easement
from the neighboring property owner at 15 Portuguese Bend Road.
Discussion ensued regarding the alternative plan and Edison's need for additional easements
that are specifically dedicated to Edison. Mr. Gobble explained that Edison currently has
facilities located in the RHCA easements in the vicinity of 13 Portuguese Bend Road and that
they are willing to move ahead with this portion of the project without an additional
easements from this particular property owner.
Further discussion ensued regarding the applicant's request that the City Council relieve them
from the subdivision improvement agreement requirement that no final inspection and / or
occupancy permit be issued until utility lines are undergrounded and the effect that the
easements requirements of Edison has on his ability to start the undergrounding project. It
was noted that the City Council had provided the applicant the opportunity to complete either
of the underground configurations. Mr. Gobble indicated that Edison would support either
project.
Mr. Ken Allen, applicant's electrical consultant, indicated that they are ready to begin the
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project and that a contractor is standing by to complete this work but that an easement from
the property owner of 1 Lower Blackwater Canyon Road is needed. Mr. Allen mentioned that
the RHCA Manager has indicated easements could be provided by the RHCA for a portion of
the project in front of 13 Portuguese Bend which would remove the electrical wires that cross
Portuguese Bend Road and remove a pole between 14 and 16 Portuguese Bend Road and
therefore that portion of the project is ready to start. He indicated that he will seek approval
for a transformer in an easement near 17 Portuguese Bend Road from the RHCA at their
meeting on Thursday evening. Further discussion ensued regarding the needed easement at 1
Lower Blackwater Canyon Road. It was suggested that due to the applicant's need to
refinance his loan that the City Council postpone further consideration of this matter but could
expedite it when all of the complete information regarding the undergrounding has been
provided to them.
Mr. Michael St. Denis, 14 Portuguese Bend Road, indicated that the homeowners involved
have cooperated with this process. He indicated that the remodel of his home is nearly
complete and that he would like to be assured that the electricity would be in place when he is
ready to occupy his remodeled home. He also indicated that he has provided the necessary
Edison easement and that he is completely ready to underground the utilities on his property.
Mr. Allen explained that they are ready to begin the portion of the project that will effect Mr.
St. Denis' property as soon as the RHCA approves the transformer location in the easement at
their meeting on Thursday. He indicated that this work should be complete with a couple of
weeks.
Mr. Sean Cardenas, 13 Portuguese Bend Road, explained the previous property owners' efforts
to underground the utilities on the property and expressed concern that overhead wires
associated with the alternative plan would be in his view. He indicated that the previous plan
is acceptable to him.
Further discussion ensued regarding the suggestion to postpone further consideration of this
matter and that the City Council could expedite it once all of the complete information
regarding the undergrounding has been provided to them. It was noted that the project could
move forward with the portion of undergrounding project involving the overhead wires that
cross Portuguese Bend Road without the easement from 1 Lower Blackwater Canyon Road. It
was noted that it has been explained by the applicants' electrical consultant that this portion of
the project could be completed within two weeks. It was suggested that if this work is
completed as stated that occupancy could be granted to the applicant.
Discussion ensued regarding the easement needed by Edison from the property owner at 13
Portuguese Bend Road at the front of the property. Mr. Scott Gobble indicated that an
easement is not needed for this location because Edison will process the plan in the RHCA
easement however this is not their normal policy. He further explained that they do need the
easement for 1 Lower Blackwater Canyon Road since it is not a RHCA easement.
The City Attorney commented on the letter from Vineyard Bank advising the applicant that
time is running out for the loan to be refinanced, further explained the applicant's request and
the suggested condition that gas service not be released to the property until the underground
project is complete. He further explained that the process for the City to complete this work
should the bank foreclose or if the property is sold would be difficult. He indicated that
issuance of a Certificate of Occupancy could be further conditioned on the fact that there are
sufficient funds in the escrow account to complete the job and that the work be completed by a
date certain.
Mr. Charles Raine, 4 Pinto Road, commented on the previous property owner of 13 Portuguese
Bend Road and the amount of money that they spent placing the utilities underground on that
property. He expressed concern that the proposed alternative plan will place wires in the view
of the current property owner.
Discussion ensued regarding the underground plans and modifications that have occurred
over the years. It was suggested that the applicant move forward with the portion of the
project that would remove the wires that span Portuguese Bend Road.
Mrs. Lisa Saridakis, 18 Portuguese Bend Road, explained the necessity to refinance the
construction loan. She indicated that it is common practice for the bank to refinance loans
which have certain conditions such as not releasing the gas service to the home until the
underground project is complete. She indicated that temporary certificates of occupancies can
be issued with certain contingencies and that the bank would accept this. Concerns were
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expressed that the property may be sold in the meantime. The City Attorney indicated that
the property would be sold subject to the underground obligation.
Mayor Pro Tem Heinsheimer moved that following the initiation of the project beginning with
the removal and undergrounding of the pole at 14 and 16 Portuguese Bend Road that a
certificate of occupancy be granted and to authorize the City Manager and City Attorney to
execute an amended agreement with conditions that no gas be released to the residence until
the undergrounding project is completed, that additional funds be placed in escrow or a bond
or a Certificate of Deposit be filed with the City for completion of the project in the amount of
$150,000 and that the amended agreement be recorded with the County Registrar -Recorders'
office. Mr. St. Denis expressed concern about the motion and urged the City Council to protect
the City in this matter. Councilmember Lay seconded the motion. Following discussion
regarding concerns about the matter and possible timing of the initiation of the project, the
motion failed by the following roll call vote:
AYES:
Councilmember Lay and Mayor Pro Tem Heinsheimer.
NOES:
Councilmembers Black, Pernell and Mayor Hill.
ABSENT:
None.
ABSTAIN:
None.
It was suggested that item 8-B relative to the City of Rolling Hills Estates proposed traffic
improvements on Palos Verdes Drive North be considered at this time.
NEW BUSINESS
DISCUSSION REGARDING TRAFFIC IMPROVEMENTS ON PALOS VERDES DRIVE
NORTH AT ROLLING HILLS ROAD / PORTUGUESE BEND ROAD AS WELL AS AT
THE INTERSECTION OF PALOS VERDES DRIVE NORTH AND DAPPLEGRAY
ROAD BEING CONSIDERED BY THE CITY OF ROLLING HILLS ESTATES
City Manager Dahlerbruch introduced the City's Traffic Engineer Vanessa Munoz and Rolling
Hills Estates' Traffic Engineer Erik Zandvliet. He presented the staff report outlining the
proposed modifications to Rolling Hills Road (Portuguese Bend Road) and Palos Verdes Drive
North. He reported that the Rolling Hills Estates Traffic Commission has recommended that
they not proceed with the proposed modifications at Palos Verdes Drive North and
Dapplegray School. He further explained the signal synchronization capabilities of the traffic
signals along Palos Verdes Drive North and indicated that this is a key component to the
modifications that are being proposed for the intersection.
Ms. Munoz explained the proposed traffic modifications to Rolling Hills Road / Portuguese
Bend Road and Palos Verdes Drive North and pointed out the areas on the plan. She
highlighted that she feels that the most favorable improvement for Rolling Hills is the addition
of protected left turn phasing for eastbound and westbound traffic on Palos Verdes Drive
North. She explained a plan for a right turn arrow for northbound traffic on Portuguese Bend
Road on to eastbound Palos Verdes Drive North. Concerns were expressed for the proposed
right turn arrow and for a possible stack up of traffic at the merge lanes. Comments were
offered regarding the relocation of the controller box located at the intersection. She indicated
that Rolling Hills Estates is currently working the coordination of the traffic signals along
Palos Verdes Drive North and that this improvement will facilitate the movement of traffic.
Mr. Zandvliet, Rolling Hills Estates Traffic Engineer, further explained the proposed
intersection modifications and the signal coordination. He indicated that the signal
coordination would establish a new baseline to evaluate the proposed intersection
modifications.
Following the discussion regarding the various components of the proposed intersection
modifications, the City Council supported the synchronization of the traffic signals on Palos
Verdes Drive North and asked that the recommended improvements to the intersection of
Palos Verdes Drive North / Rolling Hills Road / Portuguese Bend Road be revisited once a
new traffic baseline is established. The City Council expressed concern about the proposal for
a right turn arrow and through lane from northbound Portuguese Bend Road onto eastbound
Palos Verdes Drive North.
OLD BUSINESS - Continued
CONSIDERATION OF 2008 / 09 FISCAL YEAR SOLID WASTE REFUSE RATES
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City Manager Dahlerbruch presented the staff report providing information regarding Allied
Waste's proposed rate increase and direction from the Solid Waste Subcommittee that staff
survey the other Peninsula cities regarding solid waste collection fees. He indicated that
following negotiations with Allied Waste, they are asking for an 87o increase.
Discussion ensued regarding the solid waste collection fees in the other Peninsula cities. It
was noted that it is difficult to compare Rolling Hills' unique solid waste collection system to
the other cities.
Mayor Pro Tem Heinsheimer moved that the City Council accept an 8% increase in solid
waste refuse rates plus City administrative costs and that the City Council Solid Waste
Recycling Subcommittee meet with Allied Waste to hear their recommendations for extending
the franchise agreement into a future long-term contract and that the public hearing to be
conducted regarding the increase include consideration of a CPI increase not to exceed 4.570 in
FY 2009-2010. Councilmember Lay seconded the motion which carried unanimously.
NEW BUSINESS -continued
REQUEST FOR TIME EXTENSION TO FINAL TENTATIVE PARCEL MAP NO.
27078, 20 UPPER BLACKWATER CANYON ROAD (KAZARIAN)
Councilmember Black stated that he would abstain from consideration of the request for a
time extension due to the proximity of his property to the subject property and left the
Chambers.
Planning Director Schwartz presented the staff report outlining the applicant's request for a 5 -
year extension. She indicated that Resolution No. 1035 has been prepared for the Council's
action.
Discussion ensued regarding the time extension and the past practice of the Council to grant
time extensions for 2 -years.
Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 1035
approving an 18 -month time extension. Councilmember Lay seconded the motion which
carried unanimously (Black abstained).
Councilmember Black returned to the Chambers.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Lay reported that he would be out of City and requested to be excused from
the next meeting.
FY 08 / 09 VOLUNTEER RECOGNITION
City Manager Dahlerbruch indicated that it has been suggested that the City host a Volunteer
Recognition event in the upcoming fiscal year. He provided background regarding the event
that was held in 2003.
Councilmember Pernell moved that City Council support the recommendation that the City
host a Volunteer Recognition event in FY 2008-09 and that funds be allocated in the budget for
the event. Councilmember Lay seconded the motion which carried unanimously. Staff was
directed to work with the Mayor regarding the planning of this event.
MATTERS FROM STAFF
DISCUSSION OF 08/09 FISCAL YEAR PRIORITIES
City Manager Dahlerbruch presented the staff report outlining staff's suggested priorities.
Councilmembers were asked to individually forward their budget priorities to the City
Manager who will summarize them for presentation to the City Council Budget Finance
Subcommittee.
At 10:25 pm the meeting was recessed to a closed session.
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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)
Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community
Association, et. al., Los Angeles County Superior Court, Case No. YC051963.
G.C. 54956.9(a)
Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No.
YC033955.
G.C. 54956.9(a)
Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No.
YC054015.
At 10:50 pm the meeting reconvened in open session and the City Attorney reported that the
City Council discussed the Sheen matter in closed session and that no reportable action was
taken in closed session.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at
10:50 p.m. to the next regular meeting of the City Council scheduled to be held on Monday,
April 28, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California.
Approve
Frank t Hill
Mayor
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Respectfully submitted,
Marilyn Kern
Deputy City Clerk
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