1/22/2001 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
JANUARY 22, 2001
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: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and
Mayor Pernell.
Councilmembers Absent: None.
Others Present: Craig R. Nealis, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Principal Planner.
Marilyn L. Kern, Deputy City Clerk.
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 January 8, 2001.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of December, 2000.
RECOMMENDATION: Approve as presented.
d. Consideration of rejection of claim against the City.
RECOMMENDATION: Approve as presented.
e. Southern California Edison Notice of Application for a Rate Increase.
RECOMMENDATION: Receive and file.�
f. BFI Recycling Tonnage Repbrt for December, 2000.
RECOMMENDATION: Receive and file.
Mayor Pro Tem Murdock moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Hill seconded the motion which carried unanimously.
SPECIAL PRESENTATION
PRESENTATION OF A�PLAQUE TO LONG TIlVIE ROLLING HILLS RESIDENT MRS.
BEATRICE FISCHER ON TI� OCCASION OF HER 90� BIRTHDAY AND � IN
APPRECIATION OF HER ADVOCACY, DEDICATION, ENHANCEMENT AND
PRESERVATION OF'THE EQUESTRIAN LIFESTYLE IN TI�COMMUNTTY.
Mayor Pernell presented a plaque to Mrs. Beatrice Fischer on the occasion of her 90"' Birthday
and in appreciation of her advocacy, dedication, enhancement and preservation of the
equestrian lifestyle in the City. Councilmembers and those in attendance congratulated Mrs.
Fischer.
- PLANNING COMMISSION ITEMS
RESOLUTION NO. 2001-01: A RESOLUTION OF TI� PLANNING COMMISSION OF
TI� CITY OF ROLLING HILLS GRANTIl�iG A REQUEST FOR SITE PLAN REVIEW
FOR THE CONSTRUCTTON OF SUBSTANTIAL ADDTITONS TO AN EXIST'Il�TG
SINGLE FAMILY RESIDENCE AT 17 WIDELOOP ROAD,ZONING CASE NO. 624
Dr. Peter Spennato , 17 Wideloop Road (Lot 3-A-EF).
City Manager Nealis introduced Resolution No. 2001-01. Principal Planner Yolanta Schwartz
presented the staff report outlining the applicant's request, background regarding the
property and Planning Commission action relative to Zoning Case No. 624.
Hearing no objection, Mayor Pernell ordered that Resolution No. 2001-01 be received and
filed.
Minutes
City Council Meeting
01/22/01 -1-
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
CONSIDERATTON OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS
TO ESTABLISH EXTERIOR LIGHTING STANDARDS AND AMEND TITLE 17
(ZONING)OF TI�ROLLING HILLS MUIVICIl'AL CODE.
(FIRST READING AND INTRODUCTION)
City Manager Nealis presented the staff report providing background regarding the proposed
ordinance and the response from the Rolling Hills Community Association regarding this
subject. Mayor Pernell opened the continued public hearing and called for testimony. City
Manager Nealis commented on previous discussions regarding motion sensor security lights
and said the draft is silent on that issue. He suggested that the City Council may wish to
provide direction regarding the inclusion of motion sensor security lights.
In response to Councilmember Hill, City Manager Nealis stated that the draft is also silent on
holiday lights and the City Council may wish to provide direction on holiday lighting as well.
Discussion ensued regarding language in the draft ordinance proposed by Councilmember
Heinsheimer. City Attorney Jenkins explained that the sentence "exterior lighting not
necessary for safety is prohibited" was added to provide emphasis to the subject of this
paragraph. Councilmember Heinsheimer commented that this language may address the
issue of motion sensor lighting. City Attorney Jenkins indicated that the previous paragraph
related to bulb wattage may not address motion sensor lighting. Discussion ensued regarding
methods to address the wattage of bulbs suggested for exterior lighting.
Councilmember Hill commented on the provision in the draft ordinance related to garden
path lighting. He suggested that the language be amended to reflect that they shall be spaced
no closer than twenty feet apart. Discussion then ensued regarding outdoor lighting for
temporary events and holiday lighting. Councilmembers concurred that an exception should
be added for a special event as well as for holiday lighting.
Councilmember Lay commented on the two draft ordinances. He expressed concern for the
numerous exterior lighting situations present in the City today that would be grandfathered
as a result of this ordinance. Councilmembers discussed methods to enforce exterior lighting
standards. Councilmembers also discussed the rural environment of Rolling Hills and the goal
to keep it as rural as possible. Councilmember Heinsheimer stated that he feels guidelines
relative to exterior lighting will achieve this goal.
Discussion ensued regarding the differences between the two draft ordinances.
Councilmembers concurred that the two drafts should be merged into one document so the
City Council could review one comprehensive document.
Councilmembers discussed lighting as it relates to security and safety. Councilmembers
concurred that provisions should be added to the draft ordinance that security lighting be
operated by motion sensors.
Mr. Robert Wolfenden, 60 Eastfield Drive, commented on the various wattage of light bulbs
and the many types of outdoor lighting fixtures. He also discussed methods to measure light.
Councilmembers discussed pilaster lighting and emphasis in the draft ordinance that lighting
should be cast downward. Councilmember Hill commented on entryway lighting that focuses
on the address of the property but that does not illuminate the street. Councilmember Lay
indicated that he feels that City's ordinance should mirror the Community Association's
CC&R's in order to be consistent and not create a situation where one is played against the
other.
Hearing no further discussion, Mayor Pernell continued the public hearing to the next regular
meeting of the City Council to be held on Monday, February 12, 2001. Staff was directed to
incorporate both draft ordinances into one document, and to include an exception for special
event or holiday lighting and provisions that security lighting be operated by motion sensors.
CONSIDERATION OF PROPOSED ORDINANCE NO. 285 OF TI� CITY OF ROLLING
HILLS REGARDING RETROACTIVE PERMITS AND AMEND TIT'LE 17 (ZONING) OF
THE ROLLING HILLS MUNICII'AL CODE.
THE PURPOSE OF TI� ORDINANCE IS TO CODIFY AN EXISTIl�iG CITY POLICY
REGARDING RETROACTIVE PERMITS FOR WHICH DISCRETIONARY PERMITS
ARE REQUIRED BY TI� ZONING ORDINANCE BUT NOT OBTAINED PRIOR TO
CONIMENCEMENT OF THE CONSTRUCTION.
(FIRST READING AND INTRODUCTION)
Minutes
City Council Meeting
Ol/22/O1 -2-
City Manager Nealis presented the staff report providing background regarding the proposed
ordinance and its review and recommendation by the Planning Commission. Mayor Pernell
opened the public hearing and called for testimony.
Mr. Robert Wolfenden, 60 Eastfield Drive, commented on the proposed ordinance. In
response to Mr. Wolfenden, Mayor Pernell explained that the proposed ordinance will allow
the City to establish procedures for retroactive permitting. He also explained the public
hearing process.
Hearing no further discussion Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council waive further reading and
introduce Ordinance No. 285. Councilmember Lay seconded the motion which carried
— unanimously. The public hearing was continued to the next regular meeting of the City
Council to be held on Monday, February 12, 2001.
CONSIDERATTON OF PROPOSED ORDINANCE NO. 286 OF TI� CITY OF ROLLING
HILLS REGARDING GRADING AND AMEND TITLE 17 (ZONING) OF THE ROLLING
HILLS MUNICIPAL CODE.
'TI� PURPOSE OF TI� ORDINANCE IS TO CODIFY AN EXISTIl�IG CITY POLICY
REGARDING MAJOR MODIFICATION OF PREVIOUSLY APPROVED GRADING FOR
WHICH DISCRETIONARY PERMITS ARE REQUIRED BY TI� ZONING
ORDINANCE. �
(FIRST READING AND INTRODUCTION)
City Manager Nealis presented the staff report providing background regarding the proposed
ordinance and its review and recommendation by the Planning Commission. In response to
Mayor Pernell, City Manager Nealis explained that this policy does not represent any change
in the process or procedure that exists today. He said that proposed ordinance re-identifies
that a grading modification, in addition to a structural modification, can cause a re-application
before the Planning Commission.
Mayor Pernell opened the public hearing and called for testimony.
Mr. Robert Wolfenden, 60 Eastfield Drive, queried what constitutes a major modification and
stated that he feels that a major or minor modification should be quantified. City Manager
- Nealis explained that a major modification could include a grading quantity change. He
explained the Site Plan Review process and explained a condition that the Planning
Commission had requested that any modification that constitute additional structural
development must come back before the Commission. City Attorney Jenkins explained that
some changes may not actually change quantities but might be considered major because
grading is occurring in a different location than was originally contemplated. He said that a
modification may be deemed major if it is significantly different from the plan that was
reviewed and approved by the Planning Commission and/or the City Council. He also
explained how a project may be deemed in substantial conformance with the plan that was
reviewed by the discretionary body.
Hearing no further discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council waive further reading and
introduce Ordinance No. 286. Councilmember Lay seconded the motion which carried
unanimously. T'he public hearing was continued to the next regular meeting of the City
Council to be held on Monday, February 12, 2001.
Mayor Pernell called upon Mrs. Jeanne Saks, 33 Crest Road West, who indicated that her son,
Michael, was attending the City Council meeting in an effort to earn a merit badge. Mayor
;_> � Pernell invited Michael to join him at the Council table and explained the proceedings to
Michael.
_-;s�
� OLD BUSINESS
CONSIDERATTON OF AMENDMENT TO TI� CIVIC CENTER LANDSCAPE
�
MAINTENANCE CONTRACT.
City Manager Nealis presented the staff report providing the revised amendment to the civic
center landscape maintenance contract as requested by the City Council at their last meeting.
Hearing no discussion, Mayor Pernell called for a motion.
Minutes
City Council Meeting
01/22/01 -3-
Councilmember Lay commended the City Manager for his work in this regard and moved
that the City Council approve the amendment to the Civic Center Landscape Maintenance
Contract and that the City Manager be directed to execute the agreement. Councilmember
Heinsheimer seconded the motion which carried unanimously.
NEW BUSINESS
RESOLUTTON NO. 897: A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF
ROLLING HILLS AUTHORIZING PARTTCIl'ATION IN TI� LOS ANGELES COUNTY
MUNICIl'AL APPLICATION FOR RE-ISSUANCE OF WASTE DISCHARGE
REQUIREMENTS AND AN NPDES PERMIT.
�
Mayor Pernell called upon Michael Saks to introduce Resolution No. 897. Hearing no �!
discussion, Mayor Pernell called for a motion. "
Councilmember Heinsheimer moved that the City Council adopt Resolution No. 897.
Councilmember Hill seconded the motion which carried unanimously.
CONSIDERATION OF JOINING TI� CALIFORNIA JPIA PROPERTY INSURANCE
PROGRAM.
Councilmember Heinsheimer moved that the City Council join the California jPIA All Risk
Property Program and authorize staff to sign the necessary documents to join this insurance
program to be effective February 1, 2001. Councilmember Lay seconded the motion which
carried unanimously.
Discussion ensued regarding the earthquake/food insurance component of this insurance
proposal. The City Council elected to not include earthquake/flood insurance at this time.
OPEN AGENDA-APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Mr. Robert Wolfenden, 60 Eastfield Drive, commented on the discretionary review process
and expressed concern for the length of time that it takes for the Planning Commission to
review projects. He also commented on staff's discretion to determine whether a modification
is major or minor. Mr. Wolfenden reported on the modifications to his residential
development project that are going to be presented to the Planning Commission.
In response, City Manager Nealis commented on the status of this case.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Lay reported on the South Bay Cities Council of Governments' 2nd Annual
General Assembly and meeting on Thursday January 25, 2001. He indicated that he will be
attending.
Councilmember Heinsheimer thanked the City Council for the support given to him during
his presentation on underground utilities at the public meeting of the Community Association
conducted just after the RHCA Annual meeting.
MATTERS FROM STAFF
City Manager reported that he will have the zoning map and aerial photograph of the City re-
hung in the Council Chambers unless there are any objections. The Council supported this
action.
City Manager Nealis also reported on Southern California Edison's power outage repair
policy. He reported that a letter asking for support from Caballeros, the Tennis Club and the
Women's Club regarding the undergrounding of utilities is being prepared. There were no _ -
objections of this action by the City Council. Further, he suggested that the City Council may �
wish to consider sending a citywide mailing relative to the undergrounding of utilities.
Councilmember Heinsheimer indicated that he would like to consult with the RHCA ""
Subcommittee member on this second subject.
MATTERS FROM THE CITY ATTORNEY
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL
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.
Minutes
City Council Meeting
Ol/22/01 -4-
Existing Litigation:
G.C. 54956.9(a)
Name of Case: Shell Chemical Company, et al. v. County of Los Angeles, et al, U.S.D.C. Case
No. CV 00-01917 MRP (MANx);Phillips Petroleum Company v. County of Los Angeles, et al.,
U.S.D.C..Case No. CV 00-1938 MRP (MANx)
City Attorney Jenkins reported that the City Council accepted the offer of the petroleum
company cross complainants to settle the matter and directed him to prepare the necessary
settlement documents.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Pernell stated that long time
Rolling Hills resident and wife of former Rolling Hills Community Association Board Member
Tom Boyd, Carol Boyd, passed away recently. With the support of the City Council, the City
Council meeting was adjourned in memory of Mrs. Carol Boyd.
The meeting was adjourned at 9:14 p.m., to a regular meeting of the City Council to be held
on Monday, February 12, 2001, 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. Kern
Deputy City Clerk
Approved,
Go fr ` . . .
Ma r
Minutes
City Council Meeting �
01/22/01 -5-