10/30/2000 MINUTES OF
AN ADJOURNED REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
OCTOBER 30, 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 3:30 p.m. in the Board Room of the Rolling Hills Community
Association Administration Office, l 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.
Lola Ungar,Planning Director.
Marilyn L. Kern, Deputy City Clerk.
Mayor Pernell welcomed all in attendance.
ITEMS FOR DISCUSSION
LAND USE APPLICATION PROCEDURES IN CASES INVOLVIlVG PRE-EXIS'TIl�TG
AND/OR UNAUTHORIZED GRADING OR BUILDING ACTIVITIES.
City Manager Nealis presented the staff report providing background on how the City is
informed about and handles projects that do not have the necessary permits or approvals. In
response to Mayor Pernell, City Manager Nealis stated that once staff has been made aware of
an unauthorized building activity on a property that compliance with the Municipal Code is
the goal. He explained the different levels at which compliance has been obtained.
Discussion ensued regarding how the City can eliminate having to review land use
applications with as-built conditions. Councilmember Lay stated that he feels that it is difficult
to make the decision that an as-built condition on a property must be corrected, especially
when it involves illegal grading. Councilmembers discussed sanctions that can be brought
against architects, engineers or contractors involved in as-built projects. Discussion ensued
regarding the $400 administrative fee charged for review of as-built projects. In response to
Councilmember Lay, City Manager Nealis explained that staff forwarded letters to architects
and engineers that have worked in the City regarding the administrative fee.
In response to Councilmember Heinsheimer, City Manager Nealis explained the process that
is followed when an application is presented to the City with an illegal condition. He said that
the applicant must remove or correct the condition before the applicant can legally apply for
discretionary review. He said that if the subject of the application is an illegal condition then
the correction becomes part of the process. Councilmembers discussed cases where this
process has actually been applied and methods to make new and current residents aware of
this provision of the Municipal Code. Councilmembers suggested that the City's discretionary
review applications be amended to include a notice that illegal conditions can prevent an
application from being processed. It was also suggested that staff create a packet of
information to be distributed to new homeowners through the RHCA.
Councilmembers discussed the Planning Process Guide. Councilmember Heinsheimer
suggested that it be simplified and made more user friendly with emphasis on "we are here to
help". City Manager Nealis commented on the Residential Developmental Highlights sheet
that is also available at City Hall. City Manager Nealis stated that he will report to the
Planning Commission that Planning Process Guide is being revised for their review.
CONSIDERATION OF CONTIl�TUING WEEKEND CODE ENFORCEMENT EFFORTS.
Councilmember Lay stated that he feels that the message that code enforcement was taking
place on week-ends was received in the community. He said he has seen a big improvement
since this activity began and recommended that it continue on a random basis. In response to
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Mayor Pernell, City Manager Nealis stated that no activity was detected by the weekend code
enforcement inspector.
POLICY FOR ALLOCATION OF FUNDS TO NEIGHBORING CTTIES.
City Manager Nealis presented the staff report outlining how the City Council has allocated
funds that are not used in Rolling Hills in the past. Councilmembers discussed this process. In
response to Mayor Pernell, City Manager Nealis indicated that he has always received positive
feedback from the neighboring cities regarding the current fund allocation process.
Councilmembers concurred that it should continue in the same manner on a case by case
basis.
CONSIDERATTON OF A POLICY FOR REQUESTS FOR FUNDING FROM CULTURAL
ORGA1vIZATTONS LOCATED OUTSIDE OF THE CITY.
Discussion ensued regarding this subject. Councilmember Heinsheimer suggested that a
budget category be established at $2,500 for funds for community based non-profit
organizations, activities and programs that benefit the City and its residents.
Councilmembers discussed various methods for allocating these funds and what types of
activities they would consider funding. City Manager Nealis reported that the South Bay
Youth Project and Peninsula Seniors have received funds from the City in the past. He
commented on the Council's recent allocation of funds to the Peninsula Symphony. City
Attorney Jenkins explained the process used for allocation of such funds by other cities.
Councilmembers concurred that the funds may be allocated to community based non-profit
organizations whose programs and activities have a benefit to the residents of Rolling Hills.
Staff was directed to forward this subject to the Budget/Finance Subcommittee for inclusion in
the FY 01-02 Budget.
CONSIDERATION OF METHODS TO IlVIl'ROVE THE ACCURACY OF GRADING
PLANS SUBNIITTED TO TI�CTTY.
Mayor Pernell noted the arrival of Mayor Pro Tem Murdock.
City Manager Nealis presented the staff report providing background regarding this subject.
He explained how staff reviews preliminary grading plans and explained the County's review ,
of grading plans when applicant's are seeking their grading permits. He expressed concern '
that even though the plans are stamped by a licensed civil engineer, staff has no way of .
knowing if they are accurate or not. City Manager Nealis summarized the options that were
provided in the staff report for the City Council to consider. In response to Councilmember
Heinsheimer, City Manager Nealis stated that staff currently has the discretion to have a
County or independent review of the grading plan if staff feels the case is highly sensitive.
Discussion ensued regarding the balanced cut and fill requirements of the Municipal Code.
Councilmember Lay queried whether there is a method to determine in the field if a plan
actually has a balanced cut and fill. Councilmember Hill commented on the grading process
and the discovery of a soil condition on a property that may change the project cut and fill
ratio.
Discussed ensued on methods that may be used to bring preliminary and final grading plans
more in tune with one another. Councilmembers concurred that it is difficult to know what
the underlying soil conditions are on a particular project. Councilmember Lay stated that he
feels that the Planning Commission should have confidence in the plans that are being
presented to them. Councilmember Heinsheimer suggested that grading plans include an in-
process sequence and proposed depth of excavation exhibited to the Planning Commission
during their review as well as an estimate on how long the grading process will take.
Further discussion ensued regarding the grading process and the 40% maximum disturbance
provision in the Municipal Code. City Attorney Jenkins suggested that a special grading
condition could be added to the Planning Commission Resolution of Approval.
Councilmembers concurred with this suggestion and directed that staff advise the Planning
Commission that they may impose a condition of approval that grading must adhere to the
preliminary grading plan presented during the public hearing. City Manager Nealis explained
that if modifications of this plan are necessary following County review of soils and geology
and other related reports that staff would determine whether a minor or major modification is
required under existing zoning code provisions. He stated that if it is determined to be a
major modification, the plan would be brought back before the Planning Commission for
further review. Councilmembers concurred that this process may have an effect on the
accuracy of grading plans that are submitted to the City.
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Mayor Pernell recessed the meeting at 5:30 p.m. The meeting was reconvened at 6:03 p.m.
CONSIDERATION OF METHODS TO ADDRESS LEGAL NON-CONFORMING
STRUCTURES AND PRESERVATTON OF VIEWS DURING PLANNIlVG COMNIISSION
DISCRETIONARY REVIEW PROCESS.
City Attorney Jenkins pr6vided a brief overview of how the City addresses legal non-
conforming structures and provided a review of the view impairment process outlined in the
Municipal Code. He indicated that the City can only impose conditions that pertain to the
impacts of that which is being applied for during the discretionary review.
City Attorney Jenkins explained a method whereby the City may initiate a condition to
eliminate certain types of listed non-conformities on properties during the discretionary
review process. He stated that this method is unprecedented however, it may address the
Council's concern. He explained a process used by the City of San Marino.
Discussion ensued regarding private views and public views and the Rolling Hills Community
Association view preservation process. Councilmember Lay stated that he feels that .
restoration of views should be left to individuals who feel that their view is impaired.
Councilmembers also discussed the types of vegetation and their growth characteristics. City
Manager Nealis reported that Planning Commissioner Arvel Witte is currently working on a
guide to assist residents in selection the types of vegetation and trees for their property that
will not cause future view obstructions. Further discussion ensued regarding the Community
Association's involvement in view issues between residents.
Hearing no further discussion, Mayor Pernell ordered that the report be received and filed.
CONSIDERATTON OF IDENTIFYING OBJECTIVES FOR TI� DESIGN AND
MAINTENANCE OF TI�CTTY OF ROLLING HILLS'WEBSTTE.
City Manager Nealis presented the staff report providing background regarding this subject
and outlining several objectives that staff feels would be important to a City Website. He
indicated that these objectives would support the importance of face to face interaction over
the counter.
Councilmembers discussed this proposal and the possible usage it may receive. Mayor Pernell
suggested that the City may not receive enough activity to support a website.
Councilmember Lay stated that he feels that the face to face interaction over the counter is an
advantage to the City. Mayor Pernell commented on the current webpage provided by PV on
the Net and indicated that he feels that the webpage may be sufficient for Rolling Hills at this
time. City Manager Nealis explained the information that is currently being provided on the
webpage. Discussion ensued regarding current technology and the City's ability to e-mail
requested documents to those requesting them as well as how this technology can be used in
crisis management.
Hearing no further discussion, Mayor Pernell ordered that the report be received and filed.
Staff was encouraged to develop digitized information which can be e-mailed residents.
CONSIDERATION OF SUPPORT OF ACTTVITIES BY LOCAL MUNICIl'ALITIES THAT
MAY BE IN T'HE BEST INTEREST OF'TI�CTTY.
City Manager Nealis presented the staff report providing background regarding this item.
Councilmember Lay suggested that the City Council could decide a course of action as a
situation comes before them. Hearing no further discussion, Mayor Pernell ordered that the
staff report be received and filed.
HISTORY OF CITY OWNED PARCEL LOCATED AT TI� NORTH END OF STORM
HILL.
CONSIDERATION OF PHILOSOPHY REGARDING PROPERTY ACQUISITION IN THE
CITY.
Councilmember Lay suggested that this item and the item regarding property acquisition in
the City be considered together. He indicated that he feels that the City should make sure that
an access remains to the property at the end of Storm Hill. Counclmembers discussed that this
property may remain as open space. City Attorney Mike Jenkins discussed the potential re-
zoning of this City parcel as open space. .
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Councilmembers discussed that the City may wish to acquire properties under certain
circumstances. Councilmembers suggested that staff create a newsletter article indicating that
the City may be interested in considering grants of parcels for tax credit purposes from
residents.
OVERVIEW OF EXISTING CITY CONTRACTS/SERVICES.
City Manager Nealis presented an overview of the contractors and services providers for the
City. Councilmembers suggested that the staff report may be helpful placed in the rear
portions of the City Council regular agenda packets for future reference. Mayor Pernell
ordered that the staff report be received and filed.
OVERVIEW OF EXISTING POLICIES OF THE CITY OF ROLLING HILLS
City Manager Nealis presented an overview of the City's policies. Hearing no discussion,
Mayor Pernell ordered that the staff report be received ax�d filed.
STATUS OF RELATIONSHIl'S
Mayor Pernell complimented staff on their interpersonal relationships. Councilmember Lay
commented on the assignments of Councilmembers to the various organizations. Mayor
Pernell stated that it is left to the delegate to determine whether to attend the meetings.
Councilmembers discussed that if a particular issue affecting the City is being discussed by a
group, that the delegate would attend on the City's behalf.
In response to Mayor Pernell, City Manger Nealis stated that the utility companies are
responsive to the City's requests. In response to Councilmember Heinsheimer and City
Manager Nealis provided an update on the underground utility study.
Hearing no further discussion, Mayor Pernell ordered that the staff report be received and
filed.
OPEN AGENDA-APPROXIMATELY---P.M. PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
None.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at
7:35 p.m., to the next regularly scheduled meeting of the City Council to be held on Monday,
November 13, 2000, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2
Portuguese Bend Road,Rolling Hills,California.
Respectfully submitted,
Marilyn L. ern
Deputy City Clerk
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rey Pernell, . 5,-- �
.IVfayor
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