1/9/1995 MINUTES OF A
REGULAR MEETING
�,; r;, ..:...
OF THE�CITY COUNCIL
OF THE
CITY OF ROLLING HILLS,CALIFORNIA .
JANUARY 9, 1995
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., on Monday, January 9, 1995, in the City Council
Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present:: Hill, Lay, Murdock, Mayor Pro Tem Pernell and Mayor
Heinsheimer.
Councilmembers Absent: None.
Others Present: Craig R. Nealis, City Manager.
Michael Jenkins, City Attorney.
Larry Courtright, City Treasurer.
Lola LJngar Principal Planner.
Marilyn Kern, Deputy City Clerk.
Lt. Ray Gonzales, Los Angeles County Sheriff's
Department, 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 - Adjourned Regular Meeting of December 19, 1994.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of November, 1994.
RECOMMENDATION: Approve as presented.
d. Correspondence from the Rolling Hills Community Association Board of
Directors regarding the Wildlife Preservation Committee's proposal for
Nature Trail signs.
RECOMMENDATION: Receive and file.
e. Correspondence from BFI regarding recovered recyclable materials.
RECOMMENDATION: Receive and file.
f. Notice from Southern California Gas Company regarding proposed rate
increase.
RECOMMENDATION: Receive and file.
g. Correspondence from the City of Culver City regarding draft Joint Powers
Agreement and Proposed Resolution Requiring Southern California Edison
to Lower Rates to Residential and Small Commercial/Industrial Customers.
RECOMMENDATION: Receive and file/provide direction.
h. Budget Calendar for Fiscal Year 1995-96.
RECOMMENDATION: Approve as presented.
Councilmember Murdock moved approval of the recommendations contained in the
Consent Calendar. Councilmember Lay seconded the motion which carried unanimously.
(Mayor Pro Tem Pernell arrived at 7:40 p.m.)
Minutes
City Council Meeting
1/9/95 -1-
PLANNING COMMISSION ITEMS
ZONING CASE NO. 521
RESOLUTION NO. 94-26: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR THE
CONSTRUCTION OF A GUEST HOUSE AND APPROVING A REQUEST FOR SITE
PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 521.
MR. AND MRS. EDGAR CAPIFALI, 49 SADDLEBACK ROAD (LOT 61-RH) _
City Manager Nealis presented the staff report outlining the Planning Commission's
action relative to Zoning Case No. 521. �
After a brief discussion regarding the location of the guest house in proximity to the side
yard setback, and hearing no objection, Mayor Heinsheimer ordered that Resolution No.
94-26 be received and filed.
TRAFFIC COMMISSION ITEMS -None.
PUBLIC HEARINGS
ZONING CASE NO. 510A - CONTINUED
MR. DAVID T. CHRISTENSEN, 9 OPEN BRAND ROAD (LOT 114-EF)
APPEAL OF A PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE
PERMIT TO REPLACE A STABLE STRUCTURE WITH A GUEST HOUSE AND A
PLANNING COMMISSION APPROVAL OF A SITE PLAN REVIEW APPROVAL
FOR A GUEST HOUSE.
Hearing no objection, Mayor Heinsheimer ordered that the public hearing be continued, at
the applicant's request, to the next regularly scheduled meeting of the City Council to be
held on Monday, January 23, 1995.
ZONING CASE NO. 505A _
MR. JOHN Z. BLAZEVICH, 1 BUGGY WHIP DRIVE (LOT 176-A AND A PORTION
OF LOT 176-MS)
APPEAL OF A PLANNING COMMISSION APPROVAL OF A REQUEST FOR A
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND RELOCATION OF
AN EXISTING TENNIS COURT AND APPROVAL OF A REQUEST FOR SITE
PLAN IZEVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY RESIDENCE.
City Manager Nealis introduced Zoning Case No. 505A. Mayor Heinsheimer stated that
his property is within.2,500 feet of the proposed project and declared that the proposed
improvements on Zoning Case No. 505A will not have an economic impact of $10,000 or
more on his property, therefore, he will participate in Zoning Case No. 505A.
City Attorney Jenkins explained the objections raised by the applicant to the City Council's
action to take this case under jurisdiction and the applicant's objection to Councilmember
Lay's participation in deliberations relative to this case as stated in a letter dated, January 6,
1995, from the applicant's attorney, Mr. Stanley Lamport. He further explained the City's
position in response to the points raised in Mr. Lamport's letter. City Attorney Jenkins
stated that he has spoken with Mr. Lamport who indicated that he and his client intend to
participate in this process in good faith. -
Mayor Heinsheimer noted that Dr. Pernell arrived at 7:40 p.m.
Councilmember Lay stated that this case is substantially different than when he reviewed
it as a Planning Commissioner and confirmed that he could objectively review this case as
a fair and impartial member of the City Council. Councilmember Lay reviewed the
reasons he felt that the Council should take jurisdiction of this case stating that he has
concerns regarding the area to be graded and the reason for the grading for this project as
well as how the semisubterreanean garage enhances this project.
Minutes
City Council Meeting
1/9/95 -2-
Councilmembers discussed the process by which they take Zoning Cases under jurisdiction
and the various reasons which trigger°';their�s'ac-ti'on of taking jurisdiction. City Attorney
Jenkins explained the City of Rolling Hi11s�ri�M.u,nicipal Code Section which allows the City
Council to take Zoning Cases under jurisdiction. �
Principal Planner Ungar presented the staff report outlining previous history regarding
this case. Mayor Heinsheimer opened the public hearing and called for testimony.
�
• Mr. Stanley Lamport, applicant's representative, stated that it is not the applicant's
'; intent to antagonize the City Council by raising the objections stated in his letter of
January 6, 1995, and stated that the applicant fully intends to participate in this process
f in good faith.
Mr. Lamport explained the history of the Planning Commission's action relative to this
case and the applicant's efforts to present this case within City guidelines. He further
explained the applicant's efforts to mitigate the Planning Commission's concerns.
Mr. Lamport presented a plan showing the past history of grading on this property and
a plan showing the existing pad. He explained that the upper portion of the pad will
not be extensively graded.
Councilmembers concurred that a field trip to the proposed project site would be
beneficial. Discussion ensued regarding the aspects of the project that the Council would
like to see in the field. Members of the City Council requested to review cross-sections
and/or detailed elevations through the main residence and tennis court area, pad level of
the tennis court and the main residence or depth described at a location where it is below
existing grade, and requested that the applicant flag the semi-subterranean garage or have
detailed elevations describing its proposed location and proximity to the residence.
Councilmember Murdock requested that staff prepare a comparison of other projects
completed in the City with similar grading quantity and pad size.
Discussion ensued regarding a lot line adjustment that added a portion to this property.
• Betsy Raine, 71 Portuguese Bend Road, stated that she recalled that, during Planning
Commission deliberations, it was stated that a lot line adjustment was requested in
order for the applicant to build a larger residence.
• Mr. Doug McHattie, South Bay Engineering, explained that the lot line adjustment
occurred to assist the owner in selling the property. Mr. McHattie pointed out on the
plans the general area that was added to Mr. Blazevich's property.
Councilmember Hill discussed the Traffic Commission and Planning Commission review
of the proposed driveway for the project.
Hearing no further discussion and no objection, Mayor Heinsheimer continued the public
hearing to a field trip scheduled for Friday, January 20, 1995, beginning at 7:30 a.m.
' OLD BUSINESS
REPORT REGARDING PROCUREMENT OF EMERGENCY GENERATOR SYSTEM
FOR CITY HALL.
City Manager Nealis presented the staff report and requested that this item be continued.
Hearing no objection, Mayor Heinsheimer continued this item.
NEW BUSINESS
CONSIDERATION OF APPOINTMENTS TO THE ROLLING HILLS PLANNING
COMMISSION.
Minutes
City Council Meeting
1/9/95 -3-
City Manager Nealis presented the staff report. Mayor Pro Tem Pernell recommended that
the City Council re-appoint Commissioners Hankins, Raine, Witte and Chair Roberts to
the Planning Commission and suggested that staff review other options to stagger the
terms of inembership for Planning Commissioners. Discussion ensued regarding options
of three year and four year terms. Councilmembers concurred that in order to allow time
to review the staggering of terms for Planning Commissioners, the current appointments
should be interim and expire on January 1, 1996.
Hearing no objection, Mayor Heinsheimer so ordered. Staff was directed to prepare a
report for options of staggered terms of inembership for Planning Commissioners.
CONSIDERATION OF APPOINTMENTS TO THE ROLLING HILLS TRAFFIC _
COMMISSION.
City Manager Nealis presented the staff report. Councilmember Lay recommended that
the City Council re-appoint Commissioners Henke and Perkins to the Traffic Commission
for a two year term expiring on January 1, 1997.
Hearing no objection, Mayor Heinsheimer so ordered.
CONSIDERATION OF APPOINTMENT TO THE CITY OF ROLLING HILLS
FACILITY USE PERMIT SUBCOMMITTEE.
City Manager presented the staff report. In response to Mayor Pro Tem Pernell, City
Manager Nealis reported that no requests to use the facility have been received.
Councilmembers discussed the Rolling Hills Community Association's involvement in
this Subcommittee.
Hearing no objection, Mayor Heinsheimer ordered that the City Council discontinue the
Facility Use Permit Subcommittee and directed staff to prepare correspondence to the
Community Association advising them of the City Council action to disband this
Subcommittee.
D. CONSIDERATION OF RESIGNATION OF A MEMBER OF THE WILDLIFE
PRESERVATION COMMITTEE.
City Manager Nealis presented the staff report. Mayor Pro Tem Pernell reviewed the
Personnel Subcommittee's recommendation that an alternate member be appointed to the
Committee when previous appointments were made to the Committee and suggested that
the Alternate Member, Mrs. Margaret Higgins, be appointed as a full member of the
Committee.
Hearing no objection, Mayor Heinsheimer appointed Alternate Committee Member
Margaret Higgins as a full member of the Wildlife Preservation Committee.
CONSIDERATION OF A DRAFT MEMORANDUM OF UNDERSTANDING
BETWEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) AND THE CITY OF ROLLING HILLS REGARDING PARTICIPATION IN
THE CLEAN CITIES PROGRAM.
City Manager Nealis presented the staff report. Hearing no objection, Mayor Heinsheimer
ordered that the draft Memorandum of Understanding be received and filed.
OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME
• Mr. David Tabah, 12 Outrider Road, addressed the City Council regarding his concern
for the review of his property improvements by the Rolling Hills Community
Association Architectural Review Committee.
Mayor Heinsheimer thanked Mr. Tabah for his comments and suggested that he approach
the Rolling Hills Community Association Board of Directors regarding his concerns.
Minutes
City Council Meeting
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MATTERS FROM MEMBERS OF THE CITY COUNCIL - None.
MATTERS FROM STAFF
�����-���',;�;Y,�.,
• City Manager Nealis reported on the following items; (1) that a claim against the City
has been received by Sylvia Martin and that this claim is currently being reviewed by
the Coachella Valley Joint Powers Insurance Authority; (2) that there is a minor leak in
the roof over the workroom area of City Hall. He stated that the roofing contractor who
originally constructed the roof at City Hall has been called to investigate this leak, (3)
that the County Emergency Operations Center is operating during the storm expected to
reach the area tomorrow morning; and (4) reported on traffic related issues in the City.
• City Manger Nealis also reported that the Rolling Hills Community Association did an
outstanding job keeping the roads and drains open in the during the recent storm.
• City Manager Nealis also reported that he and Councilmember Hill will be attending
the California Contract Cities Association Legislative tour in Sacramento on January 10
through January 13, 1995.
MATTERS FROM THE CITY ATTORNEY
City Attorney Mike Jenkins reported that a matter relating to pending litigation (Colyear
vs. the City of Rolling Hills) was brought to his attention after materials for the City
Council Agenda had been prepared which will require the City Council to meet in closed
session.
Councilmember Murdock moved that the City Council place this item on this evening's
agenda for Closed Session. Councilmember Lay seconded the motion which carried
unanimously. Hearing no objection, Mayor Heinsheimer so ordered and recessed the
meeting at 9:10 p.m. to a closed session of the City Council.
ADTOURNMENT
Mayor Heinsheimer reconvened the meeting at 9:25 p.m. and hearing no further business
before the City Council, adjourned the meeting at 9:26 p.m. to an adjourned regular
meeting of the City Council to be held on Friday, January 20, 1995, at 7:30 a.m., for the
purpose of conducting a field trip to 1 Buggy Whip Drive, Rolling Hills, California.
Respectfully submitted,
d _ 9'l�.e1v+-..�
Marilyn Kern
Deputy City Clerk
Approved,
o a einsheimer
Mayor
Minutes
City Council Meeting �
1/9/95 -�-