9/25/2000MINUTES OF
AN ADJOURNED REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
SEPTEMBER 25, 2000
CALL TO ORDER
An adjourned regular meeting of the City Council of the City of Rolling Hills was called to
order by Mayor Pernell at 5:40 p.m. at 29 Middleridge Lane South, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and
Mayor Pernell.
Councilmembers Absent: None.
Others Present: Craig R. Nealis, City Manager.
William Hassoldt,10 Pine Tree Lane
PUBLIC HEARINGS - CONTINUED
ZONING CASE NO. 616: AN APPEAL OF A PLANNING COMMISSION APPROVED
REQUEST TO MODIFY A PREVIOUSLY APPROVED VARIANCE FOR THE
CONSTRUCTION OF A RESIDENTIAL ADDITION TO ENCROACH INTO THE
FRONT YARD SETBACK, A REQUEST TO MODIFY A PREVIOUSLY APPROVED
VARIANCE FOR THE CONSTRUCTION OF A STABLE TO ENCROACH INTO THE
FRONT YARD SETBACK, AND A REQUEST TO MODIFY A PREVIOUSLY APPROVED
SITE PLAN REVIEW TO AUTHORIZE THE MAINTENANCE OF PREVIOUSLY
CONDUCTED AND ILLEGAL GRADING AT A SINGLE FAMILY RESIDENCE AT 29
MIDDLERIDGE LANE SOUTH (LOT 248 -A -1 -UR), ROLLING HILLS, CA.
Councilmembers viewed the requests for modification of the above referenced variances as
well as the unauthorized building pad requested to remain as graded at the above referenced
address. Councilmember Lay questioned how the project was originally proposed as a
balanced cut and fill due to the existing grading on the property. Mr. Johnson indicated that
Doug McHattie was better prepared to answer that question. Mr. Johnson indicated that the
soil for the unauthorized pad area was from grading activities that uncovered unacceptable fill
material as well as excavations for the pool on his property.
Councilmembers discussed the grade of the slope at the edges of the pad area and also viewed
the pad from the southern end of the property.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at
6:01 p.m., to a regular meeting of the City Council scheduled to be held on Monday,
September 25, 2000 beginning at 7:30 p.m. at Rolling Hills City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
Mayor
Minutes
City Council Meeting
09/25/00
Respectfully submitted,
C aig R. Nealis
City Manager
-1-
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
SEPTEMBER 25, 2000
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 Board Room of the Rolling Hills Community Association
Administration Office,1 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and
Mayor Pernell.
Councilmembers Absent: None.
Others Present: Craig R. Nealis, City Manager.
Mike Jenkins, City Attorney
Nan Huang, Finance Director
Marilyn L. Kern, Deputy City Clerk.
Sgt. Susan St. Marie, 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 - Regular Meeting of September 11, 2000.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of August, 2000.
RECOMMENDATION: Approve as presented.
d. BFI Recycling Tonnage Report for August, 2000.
RECOMMENDATION: Receive and file.
Councilmember Hill moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Heinsheimer seconded the motion which carried
unanimously.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2000-19: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-12 AND APPROVING A MODIFICATION OF
CERTAIN CONDITIONS FOR PREVIOUSLY APPROVED VARIANCES TO
ENCROACH INTO THE NORTH AND SOUTH SIDE YARD SETBACKS TO
AUTHORIZE THE RETENTION OF PREVIOUSLY ILLEGALLY CONSTRUCTED
RETAINING WALLS AT A SINGLE FAMILY RESIDENCE AT 31 CHUCKWAGON
ROAD IN ZONING CASE NO. 617.
Dr. and Mrs. Lynn Gill, 31 Chuckwagon Road (Lot 16 -CF)
City Manager Nealis presented the staff report providing background regarding the
applicants' request and Planning Commission action relative to Zoning Case No. 617.
Hearing no discussion or objection, Mayor Pernell ordered that Resolution No. 2000-19 be
received and filed.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING.
RESOLUTION NO. 887: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA, ESTABLISHING A RESERVE ACCOUNT WITHIN
THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM AND MAKING APPROPRIATIONS THEREFROM.
Minutes
City Council Agenda
09/25/00
-1-
City Manager Nealis presented the staff report providing background regarding the Citizens
Option for Public Safety Program and introduced Resolution No. 887. Mayor Pernell opened
the public hearing and called for testimony. Hearing none and hearing no objection, Mayor
Pernell closed the public hearing and called for a motion. Councilmember Heinsheimer
moved that the City Council adopt Resolution No. 887. Councilmember Lay seconded the
motion which carried unanimously.
PUBLIC HEARINGS — CONTINUED
ZONING CASE NO. 616: AN APPEAL OF A PLANNING COMMISSION APPROVED
REQUEST TO MODIFY A PREVIOUSLY APPROVED VARIANCE FOR THE
CONSTRUCTION OF A RESIDENTIAL ADDITION TO ENCROACH INTO THE
FRONT YARD SETBACK, A REQUEST TO MODIFY A PREVIOUSLY APPROVED
VARIANCE FOR THE CONSTRUCTION OF A STABLE TO ENCROACH INTO THE
FRONT YARD SETBACK, AND A REQUEST TO MODIFY A PREVIOUSLY APPROVED
SITE PLAN REVIEW TO AUTHORIZE THE MAINTENANCE OF PREVIOUSLY
CONDUCTED AND ILLEGAL GRADING AT A SINGLE FAMILY RESIDENCE AT 29
MIDDLERIDGE LANE SOUTH (LOT 248 -A -1 -UR), ROLLING HILLS, CA.
City Manager Nealis presented the staff report providing background regarding the
applicants' request and Planning Commission action relative to the subject Zoning Case. He
reported that the City Council conducted a field trip at 5:30 p.m. today. In response to a query
in the field, City Manager Nealis reported that the grading quantity for the previous approval
is 4,980 cubic yards. and the current existing/ proposed grading is 4,650 cubic yards.
Mayor Pernell opened the public hearing and called for testimony.
Mr. Ken Johnson, applicant, indicated that he would answer any questions that the City
Council may have. He stated that he feels that he did not create the pad below his residence
illegally and objected to this reference. In response, the City Attorney commented that the
term "illegal" refers to construction or grading that did not have original approvals.
Hearing no further public testimony, Mayor Pernell closed the public hearing.
Councilmember Heinsheimer stated that for discussion purposes, he would like to suggest
that if the City Council is inclined to approve the project that the term "illegal grading" not be
included in the approval. He also suggested that conditions could be added to the approval
that the area be maintained for equestrian use only and that no structures be permitted in the
area, that the applicant install a white 3 rail fence, that the graded area be smoothed out to a
more natural state, and that the applicant provide landscaping for the area that includes
California native plants similar to the vegetation in the canyon.
Councilmembers discussed the amount of grading that was completed. Councilmember
Heinsheimer commented on the fact that this project is still on-going which differs from as -
built projects brought before the City that are 100% completed. In response and for
clarification, City Manager Nealis explained that the grading plan that was approved by the
Planning Commission did not include the pad area under discussion this evening. Mr. Nealis
described that the letter sent to Mr. Johnson by the City had requested that he bring his
property into conformance with the approved grading plan or seek approval from the City to
maintain the pad area. Mayor Pro Tem Murdock stated that she feels that the slopes adjacent
to the pad should be returned to a ratio of 2:1.
Mayor Pernell expressed concern regarding the awkward position that the Planning
Commission and the City Council are placed in reviewing as -built projects. Councilmember
Heinsheimer indicated that he feels that this project is in an interim condition rather than as -
built and that the project will increase the equestrian use of the property with out creating any
precedent that the City Council approved an illegal condition on a property. Councilmembers
suggested that the topic of land use applications procedures in cases involving pre-existing
and/or unauthorized grading or building activities be added to the City Council Retreat
Agenda.
Mayor Pernell commented on the condition of the graded pad area and expressed concern
regarding possible erosion during a rain storm. He suggested that a condition requiring the
applicant to provide a drainage plan in connection with the project be added.
Discussion ensued regarding the issue of the soil condition of the pad area. Councilmember
Hill stated that he concurs with Councilmember Heinsheimer's suggested conditions for this
project. He indicated that he feels that if the applicant were to export the soil from the area
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City Council Agenda
09/25/00 -2-
that damage would be caused to the roadways in the area. He also indicated that he is in
agreement with Mayor Pro Tem Murdock's suggestion that the slopes adjacent to the pad be
returned to a ration of 2:1. Mr. Johnson explained that the pad area was compacted to the
same specifications as the rest of his project so that there would be no erosion during the
construction process, however, it has not been inspected.
Councilmember Lay commented on the grading issue and expressed concern regarding
balanced cut and fill requirements and the accuracy of grading plans submitted to the City for
review. In response to Councilmember Lay, City Manager Nealis reported that soil from pool
excavations when they are not attached to other projects on a property is used by the Rolling
Hills Community Association for roadway improvements in the City. Councilmembers
concurred that methods to improve the accuracy of grading plans submitted to the City
should be added to the City Council Retreat Agenda.
Councilmembers discussed the proposed conditions that were suggested during deliberation.
City Manager Nealis stated that with City Council direction, staff would prepare a resolution
of approval in this case for review by the City Council at their next meeting. Hearing no
further discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council direct staff to prepare a resolution
of approval in Zoning Case No. 616 with the following conditions and amendments added to
the Planning Commission resolution of approval for this case: 1) that the term "illegal
grading" not be included in the resolution; 2) that the area be maintained for equestrian use
only and that no structures be permitted in the area; 3) that the applicant install a white 3 rail
fence, 4) that the graded area be smoothed out to a more natural state and that slopes adjacent
to the pad be returned to a 2:1 slope; 5) that the applicant provide a landscaping plan for the
area that shall include California native plants similar to the vegetation in the canyon; and 6)
that the applicant provide a drainage plan for County approval. This item was request to be
returned to the City Council on Monday, October 9, 2000.
OLD BUSINESS
STATUS REPORT REGARDING WEEKEND CODE ENFORCEMENT EFFORTS.
City Manager Nealis presented the staff report providing information regarding the weekend
code enforcement efforts conducted by the Los Angeles County Department of Building and
Safety every other weekend since April 5, 2000. Councilmembers discussed the merits of the
program and the fact that no unauthorized building or grading activity was uncovered during
this enforcement. Councilmembers directed that this item be placed on the October 30, 2000
City Council Retreat Agenda.
RESOLUTION NO. 888: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AUTHORIZING THE TRANSFER OF THE CITY OF ROLLING HILLS'
ALLOCATION OF SURFACE TRANSPORTATION PROGRAM LOCAL (STP -L) FUNDS
TO THE CITY OF ROLLING HILLS ESTATES.
City Manager Nealis introduced Resolution No. 888. Hearing no discussion, Councilmember
Hill moved that the City Council adopt Resolution No. 888. Mayor Pro Tem Murdock
seconded the motion which unanimously.
NEW BUSINESS
CONSIDERATION OF A PROPOSAL FROM PALOS VERDES ON THE NET FOR THE
DESIGN AND MAINTENANCE OF THE CITY OF ROLLING HILLS WEBSITE.
City Manager Nealis presented the staff report providing information regarding the proposal
from Palos Verdes on the Net for the design and maintenance of a website for the City.
Mayor Pernell stated that during a California Contract Cities Association Conference he
learned that a number of cities are creating websites and that these cities have indicated that
they have experience an offset in costs related to maintaining services over a website.
Mr. Ted Vegvari, President, Palos Verdes on the Net, provided a brief overview of the
proposal he submitted. He stated that he has provided similar services to Rancho Palos
Verdes and Rolling Hills Estates.
Discussion ensued regarding the types of municipal services that could be provided on a
website. Councilmember Heinsheimer suggested that a statement of objectives be developed
to assist the City in determining the types of services to be provided on a City website.
Councilmembers requested that this item be placed on the October 30, 2000 City Council
Retreat Agenda for consideration of establishing a statement of objectives.
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OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Lay commented on the South Bay Cities Council of Governments supporting
position on Proposition 35.
Mayor Pernell commented on the format for the October 30, 2000 City Council Retreat.
MATTERS FROM STAFF
City Manager Nealis reported that the Wildlife Preservation Committee will be conducting a
Native Plant Talk and Sale at the Native Plant Demonstration Garden on October 21, 2000.
City Manager Nealis reported that Planning Director Lola Ungar has submitted a letter
indicating that she will be retiring as of December 30, 2000. He indicated that unless there are
any objections from the City Council that he would proceed and administer the recruitment
process. Councilmembers supported the City Manager's efforts in this regard.
MATTERS FROM THE CITY ATTORNEY
None.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at
8:45 p.m., to the next regularly scheduled meeting of the City Council to be held on Monday,
October 9, 2000, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2
Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
I
Marilyn
L.
Ke
3'n
Deputy City Clerk
Mayor
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