7/27/2009MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, JULY 27, 2009
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: Yolanta Schwartz, Planning Director.
Michael Jenkins, City Attorney.
Ewa Nikodem, Administrative Assistant.
Lt. Greg Ahn, LASD, Lomita Station.
Laura Walters, LA County Fire Dept.
Sam Pena, Republic Services, Inc. / Allied Waste.
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 July 13, 2009.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Consideration of a request from the Palos Verdes Art Center for an Artists Studio Tour at
14 Cinchring Road and 6 Running Brand Road on Saturday and Sunday, October 10-11,
2009.
RECOMMENDATION: Approve as presented.
D. City Council/Natural Environment and Sustainability Committee Liaison Meeting,
July 13, 2009 Meeting Notes.
RECOMMENDATION: Receive and file.
E. Allied Recycling Tonnage Report for June 2009.
RECOMMENDATION: Receive and file.
F. 2009-10 Law Enforcement Services for the Peninsula Region (Rancho Palos Verdes,
Rolling Hills and Rolling Hills Estates).
RECOMMENDATION: Receive and file.
G. Solid Waste/Recycling Subcommittee Meeting, July 20, 2009 Meeting Notes.
RECOMMENDATION: Receive and file.
H. Appropriation of $35,000 for the acquisition of Assessor's Parcel Numbers 7567-002-
032, 7567-008-017 and 7569-019-005, a Lot Book Lien Report, advertising and postage;
and, for receive and file, an agreement to purchase Los Angeles County Tax -Defaulted
Property.
RECOMMENDATION: Approve as presented.
I. Authorization for the City Manager to sign and send the attached letter concerning
complex and expansive TMDL requirements to the Regional Water Quality Board.
RECOMMENDATION: Approve as presented.
Councilmember Hill moved that the City Council approve the items on the consent calendar.
Councilmember Lay seconded the motion, which carried unanimously. In response to Councilmember
Black, City Attorney Jenkins confirmed that most of the legal fees are for the Poppy Trail litigation
process.
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COMMISSION TTEMS
NONE
PUBLIC HEARINGS
VIEW IMPAIRMENT APPEAL OF A DECISION OF THE COMMITTEE ON TREES
AND VIEWS IN A VIEW IMPAIRMENT CASE FILED BY DR. AND MRS.
CARROLL BELLIS, 3 QUAIL RIDGE ROAD SOUTH, AND DR. AND MRS. ARVEL
WITTE, 5 QUAIL RIDGE ROAD SOUTH, AGAINST TREES LOCATED ON
PROPERTY OWNED BY MR. AND MRS. PRICE SHOEMAKER, 7 QUAIL RIDGE
ROAD SOUTH. THE APPEAL WAS FILED BY MR. AND MRS. SHOEMAKER.
Councilmember Hill recused himself from participating in discussion in this case due to proximity of his
property to the subject properties and left the Chambers. Planning Director Schwartz presented the staff
report outlining the interested parties' request and providing background and history regarding the
complaint. She stated that Mr. & Mrs. Price Shoemaker (7 Quail Ridge Road) filed an appeal of
Resolution 2009-01 of the Committee on Trees and Views on the basis that they felt that among other
factors, they were not given same consideration as the complainants, that the restorative actions do not
create a view corridor, just indiscriminately remove trees and vegetation and that the restrictions in the
resolution are too strict and would have negative impact on the property value as well as on the ability to
use and to enjoy the shade, sun protection and privacy on the property.
In response to Mayor Pro Tem Pernell, City Attorney Jenkins confirmed that the direction to City
Council regarding the appeal process provided by Planning Director Schwartz is accurate.
Mayor Heinsheimer opened the public hearing and called for testimony. Mr. Price Shoemaker, 7 Quail
Ridge Road South, stated that they fled a law suit against both complainants and that they are
preserving their rights to continue with the law suit. He presented photographs taken shortly after they
purchased the property, showing the trees and the views from the Wittes house at that time. W.
Shoemaker mentioned that the Committee on Trees and Views did not consider at the photos because
they felt that the former views were not important in this case. Additionally he explained that back in
2002 the Wittes contacted both the City and the RHCA to discuss view restoration process. Back in
2002 all three parties privately, between neighbors signed a memo of understanding to provide
maximum view agreeable to the Bellises and the Wittes. The Shoemakers back then agreed to remove
15 eucalyptus trees and selected to keep 2 eucalyptus trees to provide shade and privacy on their
property. Mr. Shoemaker stated that this resolution was agreed on by both neighbors back in 2002 and
that he does not understand why it had changed and why the view impairment complaint was filed
against them in 2008. In response to Mayor Heinsheimer, Planning Director Schwartz indicated that
copy of the signed Memo of Understanding from 2002 is attached to the staff report, beginning on circle
page 41 through 43. Mr. Shoemaker indicated that he feels that Resolution No. 2009-01 by the
Committee on Trees and Views is too restrictive. He explained that to not allow them to plant anything
above 5 feet high anywhere on their property is just not fair to them. The lack of trees on their property
and the restrictions will lower their property value as potential buyers might be very concerned with
these restrictions
Discussion ensued about the Resolution No. 2009-1. In response to Mayor Heinsheimer, Planning
Director Schwartz indicated that the tree height restrictions that Mr. Shoemaker referred to are listed on
circle page 9 in section 6D (page 2 of the Resolution); which states that for any further planting of plants
that could exceed 5 feet in height at maturity, a landscape plan must be submitted to the Planning
Commission. Councilmember Black stated that Section 6D of the Resolution is in contradiction with
Section 6173, which states that "group of number of three trees shall be maintained at its current
configuration and not to exceed the roofline of the residence...". Further discussion ensued about
potential future planting on the property. Councilmember Lay indicated that he feels that the 5 feet
maximum requirement is for any future planting and the trees to be kept up to the roof line are the
existing trees. In response to Mayor Heinsheimer, Mr. Shoemaker indicated that the trees to be removed
by the Resolution are trees numbered # 1, #2 and #4 and that he does not want these three trees removed
for the reasons he stated earlier in the meeting. He stated that he does not object to have trees marked as
#3, #5, #7 and #9 trimmed, laced or topped. The locations of the trees are shown on circle page 26 of
the staff report.
Dr. Carroll Bellis, 3 Quail Ridge Road South stated that he and his wife lived at their home for 54 years.
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He indicated that when they moved in, they had a view of Catalina Island and the shoreline. He
explained that the Committee on Trees and Views decided that only 3 out of 33 trees be removed. Back
in 2002 the Wittes and the Bellises paid a $5,173 to remove trees on the Shoemakers property in hope
that their view would be maintained in the future. That has not happened. He asked the Council to
uphold the Resolution, which enables them to regain partial view of the Catalina and the shoreline and
assure that the view will be maintained in the future.
Mrs. Carol Witte, 5 Quail Ridge Road South, indicated that she and her husband lived at their house for
41 years. She stated that the Shoemakers were made aware of the view impairment caused by trees on
the property while they were in escrow in 2000. She indicated that for the past 7 years they have hoped
that the Shoemakers would keep their trees trimmed to maintain the views of Catalina Island, the
shoreline and the ocean. The Shoemakers did trim some trees and bushes, however there was no set
regular annual trimming. Courteous letters were sent and calls were made to the Shoemakers but they
failed to maintain the view especially by not ever trimming the two main blocking eucalyptus trees and
by allowing new trees go grow up in the views. She indicated that the Resolution doesn't favor the
Wittes and the Bellises. Their narrow, pie view, is still blocked by two huge elms, four huge eucalyptus,
a leaning pine, palm, avocado, pomegranate and many new bushes and trees. Mrs. Witte stated that they
did not get everything they wanted, however, she thinks that the Resolution was an honest even-handed
deliberation to resolve the view complaint fairly. She further stated that the photographs taken at the
end of this process and the landscape plan are essential for enforcement and to assure that they do not
ever have to go through such significant view restoration process in the future. She stated that number
of items in the Resolution don't satisfy them, however that they are willing to abide by the Resolution.
She concluded that if changes were to be made to the Resolution that she hoped that all parties could
present their dissatisfaction before City Council makes a decision.
Mr. John Nunn, 1 Crest Road West, stated that he doesn't understand why the City is involved in private
contract disputes such as the view impairment case. He indicated that the City should deal with more
important issues than private contract disputes. Mayor Heinsheimer indicated that the property
owners of 7 Quail Ridge Road South filed an appeal of the Committee on Trees and Views'
Resolution, and that all parties agreed to enter into this process.
Mrs. Gina Shoemaker, 7 Quail Ridge Road South, indicated that they are trying to follow the procedures
but she is not sure why the 2002 memo of understanding is no longer valid. She asked the Council to
uphold the memo of understanding to end this process. The Shoemakers enjoy the trees on their
property, their trees are beautiful, provide shade and privacy. They are willing to trim the trees, however
they would not want to remove any more trees from their property. The Bellises and the Wittes paid for
the removal of 15 of the trees in 2002. The trees had not grown back. Mrs. Shoemaker mentioned that
when the trees were removed, Mrs. Bellis called her the next day to let her know that she was sad that
the trees were gone because she enjoyed looking at them. Now, they only have two eucalyptus trees left
on their property. She mentioned that when they went to trim their trees back in February, they could
not trim the tree because there was hawk's nest in the tree. She stated that the two trees left are very
valuable to her. She is willing to have the trees trimmed, laced or topped to create a view for her
neighbors, however she would like to come to an agreement with the Bellises and the Wittes before
they do anything.
Following public testimony and discussion, Mayor Heinsheimer continued the public hearing to a field
review scheduled to be held on Thursday, July 30, 2009 at 4:00 p.m. at the following properties: 3 Quail
Ridge Road South (Bellis), 5 Quail Ridge Road South (Witte) and 7 Quail Ridge Road South
(Shoemaker).
Councilmember Hill returned to his seat at the dais.
OLD BUSINESS
NONE
NEW BUSINESS
CONSIDERATION OF A PILOT PROGRAM FOR THE COLLECTION OF TRASH
AND RECYCLABLES.
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Following brief discussion and presentation by Samuel Pena of Allied Waste, Councilmember Lay
moved that the City Council direct staff to work with Allied Waste to implement the pilot program for a
4 day per week, Monday & Thursday and Tuesday & Friday, collection of trash and recyclables
effective in September as presented. Councilmember Pernell seconded the motion, which carried
unanimously. Staff was directed to report back to City Council in 90 days from the commencement of
the pilot project.
OPEN AGENDA - APPROXIMATELY 8:00 P.M.. - PUBLIC COMMENT WELCOME
NONE
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Black suggested that in the next Newsletter staff include an article to remind residents
that hedges should not be planted.
Mayor Pro Tem Pernell indicated that he attended a Sanitation District Ocean Sentinel tour recently and
suggested that the City Manager recommend the tour to the Natural Environment and Sustainability
Committee members. He stated that the tour is so popular that the Sanitation District added two more
tours in August and one in September.
MATTERS FROM STAFF
NONE
MATTERS FROM THE CITY ATTORNEY
City Attorney Jenkins indicated that he would like to add an item to the Closed Session. Hearing no
objection, Mayor Heinsheimer so ordered.
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.
G.C. 54956.9(c)
Conference with Legal Counsel Initiation of litigation - one case.
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.
The closed session began at 8:45 p.m. and concluded at 9:15 p.m.
City Attorney Jenkins reported that in the closed session the City Council took action to approve an
offer of settlement of the County of Los Angeles relative to the Liability Trust Fund dispute between
California Contract Cities Association and the County. No other reportable action was taken during
closed session.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 9:15
p.m. in memory of Rancho Palos Verdes Councilmember Peter C. Gardiner to an adjourned regular
meeting of the City Council scheduled to be held on Thursday, July 30, 2009 beginning at 4:00 pm for
the purpose of conducting a field review at 3 Quail Ridge Road South (Bellis), 5 Quail Ridge Road
South (Witte) and 7 Quail Ridge Road South (Shoemaker), Rolling Hills, California.
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Respectfully submitted,
Ewa Nikodem
Administrative Assistant
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