11/22/2010MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, NOVEMBER 22, 2010
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell
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, Heinsheimer, Hill and Mayor Pernell.
Councilmembers Absent: Mayor Pro Tem Lay.
Others Present: Anton Dahlerbruch, City Manager.
Michael Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, Deputy City Clerk.
Marvin Jackmon, Regional Manager Public Affairs, SCE.
Sam Pena, Municipal Cities Liaison, 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 November 8, 2010.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Monthly Financial Statement.
RECOMMENDATION: Approve as presented.
D. Allied Recycling Tonnage Report for October, 2010.
RECOMMENDATION: Receive and file.
E. RESOLUTION NO. 1100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM
DEED CONVEYING A PORTION OF PROPERTY LOCATED ALONG POPPY
TRAIL, SOUTH OF SADDLEBACK ROAD AND HAVING A.P.N. 7567-001-901.
RECOMMENDATION: Approve as presented.
Councilmember Black asked that Item 3B be removed from the Consent Calendar for individual
consideration. Hearing no objection, Mayor Pernell so ordered. Councilmember Heinsheimer moved
that the City Council approve the remaining items on the consent calendar. Councilmember Hill
seconded the motion, which carried without objection.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
Councilmember Black asked for details on what caused the Animal Control invoice to be higher than
usual. Following brief discussion, staff was directed to provide an explanation of the contract, costs,
reimbursements and services provided. Councilmember Black moved that the City Council approve the
Payment of Bills as presented. Councilmember Heinsheimer seconded the motion which carried without
objection.
PRESENTATION
Southern California Edison Company Update — Marvin Jackmon, Regional Manager, Public Affairs
Mr. Jackmon provided an update on Southern California Edison's improved reliability project scheduled
to begin in the coming weeks and conclude by December 31, 2010. He stated that the work will be done
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Monday through Saturday with no work being done on December 25th. Following brief discussion, the
City Council requested that no work take place on December 24 and December 31, 2010.
COMMISSION ITEMS
RESOLUTION NO. 2010-26. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONVERT
AN EXISTING STABLE STRUCTURE TO A RECREATION ROOM AND TO SET ASIDE
AN AREA FOR A FUTURE STABLE AND CORRAL ELSEWHERE ON THE LOT AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE
LOT, (WITH FUTURE STABLE CONSTRUCTION), ON A PROPERTY DEVELOPED
WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 796, AT 83 CREST ROAD
EAST, (LOT 69-C-3MS), (MAVREDAKIS). THE PROJECT HAS BEEN DETERMINED TO
BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
Planning Director Schwartz stated that the applicant is requesting a Conditional Use Permit to convert a
645 square foot, legally constructed stable structure to a recreation room and to set aside an area for a
future stable and corral in the side yard area of the lot; and a Variance to exceed the maximum permitted
disturbed area with the future stable construction, on a property developed with a single family residence
and accessory structures at 83 Crest Road East. She stated that the Planning Commission unanimously
adopted the Resolution with Commissioner Chelf recusing himself from deliberating and voting in this
case due to proximity of his property to subject site.
Following brief discussion, Councilmember Hill moved that the City Council receive and file Planning
Commission Resolution No. 2010-26. Councilmember Black seconded the motion, which carried
without objection.
RESOLUTION NO. 2010-27. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN AN
"AS BUILT" GUEST HOUSE AND VARIANCES TO RETAIN THE GUEST HOUSE AND A
SOLID ROOF DETACHED PORCH IN THE FRONT YARD AREA OF THE LOT AND TO
SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD
AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY
RESIDENCE, IN ZONING CASE NO. 794, AT 2960 PALOS VERDES DRIVE NORTH,
(LOT 1-B-RH), (STARINIERI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Planning Director Schwartz stated that the applicant is requesting a Conditional Use Permit to retain an
"as built" 405 square foot guest house, which was converted from a stable structure and; Variances to
retain the guest house and a detached covered patio in the front yard area and to set aside an area for a
future stable and corral in the front yard area of the lot, on a property developed with a single family
residence at 2960 Palos Verdes Drive North. She stated that the Planning Commission unanimously
adopted the Resolution granting the request with the condition that all zoning and building codes for the
"as built" guest house and the covered porch be complied with and building permits be obtained for
those structures
Following brief discussion, Councilmember Hill moved that the City Council receive and file Planning
Commission Resolution No. 2010-27. Councilmember Black seconded the motion, which carried
without objection.
RESOLUTION NO. 2010-28 - A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS FINDING THAT CONVEYANCE OF A PORTION OF
PROPERTY LOCATED ALONG POPPY TRAIL, SOUTH OF SADDLEBACK ROAD AND
HAVING A.P.N 7567-001-901 CONFORMS TO THE ROLLING HILLS GENERAL PLAN
AND THE ROLLING HILLS MUNICIPAL CODE.
City Manager Dahlerbruch stated that before the City Council is a Resolution from the Planning
Commission finding that the conveyance of a portion of City owned land to CJPIA is consistent with the
General Plan and the Zoning Ordinance. He stated that the Planning Commission unanimously approved
the Resolution and that this conveyance is a component of the Settlement Agreement that resulted from
the various legal actions that were initiated among and between parties that were impacted by the
landslide along Poppy Trail.
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Following brief discussion, Councilmember Heinsheimer moved that the City Council receive and file
Planning Commission Resolution No. 2010-28. Councilmember Hill seconded the motion, which carried
without objection.
PUBLIC HEARINGS
None.
OLD BUSINESS
None,
NEW BUSINESS
CONSIDERATION OF ORDINANCE NO. 321 AN ORDINANCE OF THE CITY OF
ROLLING HILLS, CALIFORNIA, AMENDING SECTION 10.64.050 PERTAINING TO
THROWING SUBSTANCES AT VEHICLES; ADDING SECTIONS 10.64.210 AND
10.64.220 PERTAINING TO DRIVING OFFENSES AND EVIDENCE OF FINANCIAL
RESPONSIBILITY; REPEALING SECTION 10.76.030 AND AMENDING SECTION
10.76.040 PERTAINING TO ARRESTS; REPEALING SECTION 10.84.010 PERTAINING
TO FELONIES; AMENDING SECTION 10.84.030 PERTAINING TO INFRACTIONS; AND
ADDING SECTION 1.08.015 PERTAINING TO GENERAL PENALTIES OF THE ROLLING
HILLS MUNICIPAL CODE.
City Manager Dahlerbruch stated that in September 2009, at the recommendation of the Sheriff's
Department, the City Council approved a bail/frle schedule for using a wireless telephone or device that
is not "hands-free" while driving. He stated that while the Municipal Code Sections were citied in the
Resolution, an Ordinance was never presented to the City Council and approved, establishing the
violations within the Municipal Code. He further stated that the Los Angeles County Court, Bail
Committee, called this oversight to staff's attention and at the time, they also brought to staff's attention
that select traffic violations in Title 10 (Vehicles and Traffic) of the City's Municipal Code were
inappropriately designated as a felony. He stated that in subsequent consultation with the City Attorney,
staff confirmed that municipalities do not have the authority to cite for a felony; the City may only cite
for a misdemeanor. He stated that the proposed Ordinance codifies the Bail/Fine Schedule Resolution
previously approved by the City Council to make using a wireless telephone or device when driving that
is not "hands-free" a violation of the Municipal Code and removes all references to "felony" in Title 10.
Following brief discussion, Councilmember Heinsheimer moved that the City Council introduce
Ordinance No. 321 for first reading, waive full reading and schedule the second reading of the
Ordinance. Councilmember Black seconded the motion, which carried without objection.
CONSIDERATION OF AN AGREEMENT WITH MULLIGAN ,LANDSCAPE SERVICES,
INC. FOR LANDSCAPING MAINTENANCE OF THE CITY HALL CAMPUS AREA
INCLUSIVE OF THE TENNIS COURT AND MAIN GATE AREAS.
City Manager Dahlerbruch stated that as a result of the expiration of the City's agreement with Mulligan
Landscape Services, Inc., staff initiated a Request for Proposal for landscaping maintenance of the City
Hall campus area including the tennis courts and main. gate areas. He stated that specifications for
landscape maintenance were prepared by City staff and reviewed by both the City's volunteer landscape
designer and the Chairperson of the Women's Community Club Beautification Committee. He stated
that five companies responded to the RFP and that staff is recommending a three-year agreement with
Mulligan Landscape Services, Inc at their proposed monthly rate of $588.00, beginning January 1, 2011.
He further stated that the agreement maintains the same rate for the term of three (3) years and that by
mutual agreement of the parties, the agreement may be extended for an additional two (2) years (5 years
in total). He stated that the agreement also provides that the City may terminate the agreement at any
time, with or without cause.
Following brief discussion, Councilmember Heinsheimer moved that the City Council approve the
agreement with Mulligan Landscape Services, Inc for landscaping maintenance of the City Hall campus
area inclusive of the tennis court and main gate areas and authorize the City Manager to sign said
agreement. Councilmember Black seconded the motion, which carried without objection.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Sam Pena, Municipal Cities Liaison, Allied Waste addressed the City Council stating that the October
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green waste pickups went very well and Allied collected a lot of greenwaste. He mentioned that some
residents left out bulky items and those items were picked up as well. He also mentioned that since the
Christmas and New Year holidays fall on Saturday this year, there will be no change in service over the
holidays.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING (ORAL).
Councilmember Hill provided an update on the discussions that occurred at the Palos Verdes Regional
Law Enforcement Committee meeting held on Thursday, November 18, 2010. He stated that overall,
crime is down and ambulance service is excellent. He noted that the Sheriff's Dept. provided a
demonstration of their drug -sniffing dog. No action was taken.
MATTERS FROM STAFF
City Manager Dahlerbruch stated that the AB 1234 Ethics Training is scheduled for Monday, January 24,
2011 from 5:30-7:30 p.m. and that as has been done in the past, Councilmembers and Planning
Commissioners from the neighboring Cities will be invited to attend.
He also stated that staff will be responding to the invitation from Rolling Hills Estates to participate in
their Holiday Parade that the following Councilmembers will attend: Councilmember Frank Hill and his
wife Maureen; Councilmember James Black and his family; and Councilmember Thomas Heinsheimer
and his grandsons.
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.
G.C. 54956.9(a)
Norman La Caze, Individual, Plaintiff, vs City of Rolling Hills and California Joint Powers
Insurance Authority, Los Angeles County Superior Court, Case No. BS 129255.
The City Council recessed into closed session at 8:13 p.m. City Attorney Jenkins reported that the City
Council recessed into closed session to discuss the La Caze case as listed on the closed session agenda
and that the City Council was advised that the case appears to be settled. No reportable action was
taken.
The meeting was back in open session at 8:22 p.m.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:23 p.m.
to a regular meeting of the City Council scheduled to be held on Monday, December 13, 2010 beginning
at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California.
Approved,
Godfrey Pernell, AS.
Mayor
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Respectfully submitted,
Heidi Luce y
Deputy City Clerk
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