3/26/2001MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MARCH 26, 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 Nealis, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Principal Planner.
Marilyn 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 - Meeting of February 26, 2001.
RECOMMENDATION: Approve as presented.
b. Payment of Bills—March 12, 2001 and March 26, 2001.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of February, 2001.
RECOMMENDATION: Approve as presented.
d. FY 2001-2002 City of Rolling Hills Budget Preparation Memorandum.
RECOMMENDATION: Receive and file.
e. Approval of attendance at the California Contract Cities Association 42"d Annual
Palm Springs Municipal Seminar—May 17-20,2001.
RECOMMENDATION: Approve as presented.
f. Consideration of participation in Household Hazardous Waste Grant
Application.
RECOMMENDATION: Approve as presented.
g. Southern California Gas Company Notice to Customers—Application No. A.01-
01-021 filed with the California Public Utilities Commission.
RECOMMENDATION: Receive and file.
h. BFI Recycling Tonnage Report for February, 2001.
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. 2001-06: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A SITE PLAN REVIEW TO CONSTRUCT
A SUBSTANTIAL ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE AT 2724
PALOS VERDES DRIVE NORTH IN ZONING CASE NO. 627.
Mr. Gabor Korody, 2724 Palos Verdes Drive North, (Lot 990-RH).
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regardng the property and Planning Commission action relative to Zoning Case
No. 627.
Hearing no discussion, Mayor Pernell orderded that Resolution No. 2001-06 be received and
filed.
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City Council Meeting
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RESOLUTION NO. 2001-07: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK WITH A GARAGE ADDITION AND SITE PLAN
REVIEW TO CONSTRUCT A SUBSTANTIAL ADDITION AT AN EXISTING SINGLE
FAMILY RESIDENCE AT 10 PORTUGUESE BEND ROAD IN ZONING CASE NO. 626.
Mr. & Mrs. Hwung-Hsiang Hwung,10 Portuguese Bend Road, (Lot 52-RH).
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regardng the property and Planning Commission action relative to Zoning Case
No. 626.
Discussion ensued regarding the size of the proposed improvements. City Manager Nealis
explained that the neighboring property owner had originally expressed concern for the
proposed project. He described the conditions that were included in the resolution of
approval designed to address those concerns. He also explained that the resolution contains
the clause that any modifications that constitute additional structural development must come
back before the Planning Commission. Hearing no further discussion, Mayor Pernell ordered
that Resolution No. 2001-07 be received and filed.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS -Continued
CONSIDERATION OF A PROPOSED ORDINANCE NO. 287: AN ORDINANCE OF
THE CITY OF ROLLING HILLS TO ESTABLISH EXTERIOR LIGHTING STANDARDS
AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE.
(SECOND READING AND ADOPTION)
City Manager Nealis presented the staff report providing background regarding the proposed
ordinance. Mayor Pernell opened the continued public hearing and called for testimony.
Hearing none and no discussion, he called for a motion.
Councilmember Heinsheimer moved that the City Council waive further reading and adopt
Ordinance No. 287. Councilmember Lay seconded the motion which carried unanimously.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF RESOLUTION NO. 900: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS WHICH ESTABLISHES PROCEDURES,
STANDARDS AND FEES FOR PROCESSING RETROACTIVE PERMITS.
City Manager Nealis presented the staff report providing background regarding Resolution
No. 900.
Mayor Pro Tem Murdock moved that the City Council adopt Resolution No. 900.
Councilmember Hill seconded the motion.
In response to Councilmember Heinsheimer, City Manager Nealis explained that when staff
discovers that unauthorized construction activity has taken place, that the staff gives the
person the opportunity to remove the unauthorized construction or apply for required
approvals through the Planning Commission process. He said that if the person does not
comply, that the case would be referred to the District Attorney with the assistance of the City
Attorney. He explained a case in the City where this action caused the removal of an
unauthorized tennis court.
Discussion ensued regarding the fees charged by the City for various permits and the
additional fee that would be added if the project is brought to the City in an as -built condition.
City Manager Nealis explained that the additional $400 fee was established in Resolution No.
854 adopted by the City Council in January, 1999. He further explained that Resolution No.
900 being considered by the City Council this evening explains to the Planning Commission
and public that retroactive permits will be reviewed with the same criteria as if the
construction had not yet occurred. Councilmembers discussed the difficulty in reviewing as -
built projects.
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City Council Meeting
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Councilmember Heinsheimer commented on the use of the term "illegal" in the resolution.
City Manager Nealis explained that the Planning Commission debated the use of this term as
well and discussed other words that could be used instead and that the Commission ultimately
returned to the use of the term "illegal". Councilmember Heinsheimer commented on a
recent as -built case that was previously under consideration by the City Council where the
applicant took exception to the use of the term "illegal" for the as -built project. Mayor Pro
Tem Murdock stated that she feels that the term "illegal" may deter professionals from
working on non -approved projects in the City and to re -consider constructing a project
without the benefit of proper permits. Councilmember Lay commented that perhaps the City
should consider licensing the professionals working in the City. Councilmember Heinsheimer
suggested that the City Council may wish to consider selecting a different word than "illegal"
in the resolution. City Attorney Jenkins stated that there are a number of words that may be
used in lieu of "illegal".
Councilmember Heinsheimer expressed that perhaps the City Council may wish to consider
differentiating between projects that could be built if proper permits or discretionary
approvals had been obtained as opposed to projects that are not permitted by the Municipal
Code.
Hearing no further discussion, with the consensus of the entire City Council, the motion and
second were withdrawn and Mayor Pernell continued consideration of Resolution No. 900 to
the next regular meeting of the City Council. City Attorney Jenkins was directed to return
with a revised version of the resolution to address "unauthorized" as opposed to "illegal"
construction.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Hill commented on the undergrounding of utilities and expressed concern
regarding a potential financial risk to the City in the development phase and construction of
an undergrounding project given the current status of the Edison Company. In response to
Councilmember Hill, City Attorney Jenkins explained the process of hiring a private
contractor for the construction of trenches and conduit for underground utilities. He said that
after completion of that phase, Edison would place the wires and remove poles. Discussion
ensued regarding when funds would be forwarded to Edison if an underground project were
to be implemented in the City. Councilmembers discussed the petition process and that this
project is only in the beginning stages. Councilmember Lay commented on the length of time
that it takes for the process of establishing an underground utility district and stated that
Edison financial conditions may change by the time such a project is ready for construction.
Councilmembers also discussed the expenditure of funds for the Feasibility Study and possible
further expenditures during the petition gathering stage. Councilmember Lay expressed that
he feels that there may not be enough interest in the community for the project to warrant
further expenditure. In response to Councilmember Hill, Councilmember Heinsheimer stated
that the City Council shares his concern and if the district moves forward that the' City Council
will take care in addressing a prudent way of accomplishing design and construction of an
underground utility system with minimum financial exposure to the City.
Councilmember Hill reported that he will be attending the South Bay Energy Summit on
Thursday, March 29, 2001.
Councilmember Heinsheimer reported that the City/RHCA Underground Ad Hoc
Subcommittee met and that they reviewed a consultant agreement with MuniFinancial to
further assist the City during the petition phase of this project. He said that this agreement
will be presented to the City Council for review at their next meeting and that the RHCA will
be considering sharing the cost with the City for this agreement. He also said that the intent
of the Committee is to attend neighborhood meetings to explain the contents of the Feasibility
Study. He stated that the goal is to present another report at the next RHCA annual meeting.
Mayor Pernell commented on his attendance at a reception hosted by Governor Gray Davis
for the President of Mexico. He also indicated that the Sanitation District will be scheduling
their annual ocean inspection trips. Mayor Pernell requested that staff solicit publicity with the
PV News for the recognition of Wildlife Preservation Committee Member Don Gales as an
Outstanding Older American by the Los Angeles County Commission on Aging. Mayor
Pernell reported that he will be hosting an appreciation luncheon for City staff on Monday,
April 9, 2001.
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City Council Meeting
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Mayor Pro Tem Murdock reported that her mailbox was vandalized over the weekend.
MATTERS FROM STAFF
City Manager Nealis reported that the descendants of Walter Storm had offered to donate
some form of remembrance on his behalf. In response to City Manager Nealis, the City
Council indicated that maintenance and the naming of a trail bisecting the Storm property
would be a wonderful tribute to the late Walter Storm and would be appreciated by the
community. City Manager Nealis was directed to forward this suggestion to representatives
of the Storms.
MATTERS FROM THE CITY ATTORNEY
CONSIDERATION OF THE 11TH AMENDMENT TO THE CITY MANAGER'S
EMPLOYMENT AGREEMENT.
City Attorney Jenkins presented the staff report and the amendment to the employment
agreement that was prepared in accordance with the recommendation of the Personnel
Subcommittee.
Mayor Pro Tem Murdock moved that the City Council approve the 11th Amendment to the
City Manager's employment agreement. Councilmember Hill seconded the motion which
carried unanimously.
Mayor Pro Tem Murdock indicated that the City Manager does good job and serves the City
well. In response to Councilmember Heinsheimer, City Manager Nealis indicated that the
insurance arrangements pursuant to the agreement are satisfactory. Mayor Pernell expressed
his personal appreciation to the City Manager and stated that it is always a pleasure to work
with him.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at
8:27 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday,
April 9, 2001 in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
Minutes
City Council Meeting
03/26/01
Respectfully submitted,
Marilyn L. Kern
Deputy City Clerk
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