3/10/2003MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MARCH 10, 2003
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Lay at 7:33 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
Councilmembers Present: Councilmember Heinsheimer, Pernell, Mayor Pro Tem Hill
and Mayor Lay.
Councilmembers Absent: Murdock (Excused).
Others Present: Craig Nealis, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
Assistant Fire Chief John Alkema, LAFD.
Captain Jay Zuanich, LASD, Lomita Station.
Lt. Gregg Ahn, LASD, Lomita Station.
Ed Acosta, Supervising Building and Safety
Engineering Specialist, LA County.
SPECIAL ITEMS
RESOLUTION NO. 930: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION ON MARCH 4, 2003, DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW.
City Manager Nealis introduced Resolution No. 930.
Councilmember Heinsheimer moved that the City Council adopt Resolution No. 930.
Councilmember Pernell seconded the motion, which carried unanimously.
INSTALLATION AND OATH OF OFFICE OF NEWLY ELECTED OFFICIALS
City Manager/Clerk Nealis administered the Oaths of Office to B. Allen Lay, Frank E. Hill and
Dr. James Black.
COMMENTS FROM CITY COUNCILMEMBERS.
Mayor Lay commended staff for their handling of the election process. At 7:40 p.m., Mayor
Lay called for a recess for a reception in honor of the newly elected officials. Mayor Lay
reconvened the meeting at 7:50 p.m.
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 February 24, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. FY 2003-2004 City of Rolling Hills Budget Preparation Memorandum.
RECOMMENDATION: Receive and file.
d. Approval of attendance at the California Contract Cities Association 44' Annual
Municipal Seminar scheduled for May 29 -June 2, 2003.
RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the recommendations in
the Consent Calendar. Councilmember Pernell seconded the motion, which carried
unanimously.
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PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
ZONING CASE NO. 653, REQUEST FOR A SITE PLAN REVIEW AND A
CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE; REQUEST
FOR A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT TO CONSTRUCT A
GUESTHOUSE; REQUEST FOR A VARIANCE TO PERMIT ENCROACHMENT OF THE
PROPOSED DETACHED GARAGE INTO THE SIDE YARD SETBACK; AND REQUEST
FOR A VARIANCE TO LOCATE THE GUESTHOUSE IN THE REAR YARD AREA ON
A THROUGH LOT AT AN EXISTING SINGLE FAMILY RESIDENCE AT 40 EASTFIELD
DRIVE, (LOT 91 -EF), ROLLING HILLS, CA. AN ADDITION TO THE MAIN
RESIDENCE, WHICH DOES NOT REQUIRE DISCRETIONARY APPROVAL IS ALSO
PROPOSED. (TONSICH)
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding the property and application. He indicated that the City Council
conducted a field review of the proposed project on February 6, 2003 and that Councilmember
Heinsheimer visited the site with the Planning Director at a later date. He reported that at the
field trip, members of the City Council expressed concern about the proximity of the
proposed detached garage to the adjacent residence and the fact that it is proposed along the
easement line and that Councilmembers suggested that the proposed garage be moved, to
lessen the encroachment into the side yard setback. He reported that the applicant has
proposed a revised plan moving the structure two feet away from the easement, for an eight -
foot encroachment into the side yard setback with the detached garage and a two feet planting
area behind the garage. Mayor Lay called for testimony.
Mr. Nicholas Tonsich, applicant, commented on concerns expressed at the field trip about the
potential for noise emanating from the structure. He reported that insulation and sound
proofing measures are in place on the plan to mitigate any noise that may emanate from the
structure. He provided a brief history of the garage structure indicating that it has been on the
property for approximately 40 to 50 years. He stated that he did not know the structure was
not permitted when he purchased the property 12 years ago. He explained the revised plan
indicating that the structure has been move away from the easement to allow for landscaping
that will screen the structure from the neighboring property. He stated that the structure
would also not be visible from the roadway.
Mr. Jerry Rodin, applicant's representative, commented on the specifications relating to the
sound proofing of the proposed structure.
Councilmember Pernell commented on the revised plan. In response to Councilmember
Pernell, Mr. Rodin explained that he had conferred with his client who indicated that he
desired to revise the plan to the current design with an 8 ft. encroachment. He indicated that
the 2 ft. area behind the garage allowed for planting material to screen the structure without
planting in the easement.
In response to Mayor Lay, Mr. Rodin explained that the required overhang for the proposed
garage would be approximately 1 ft. Mr. Rodin indicated that he does not know the exact
measurement of the overhangs and that the applicant would be presenting the architectural
plan to the RHCA after Planning Commission review. Mayor Lay expressed concern that the
2 ft. area behind the garage may not support adequate landscaping to screen the structure in
the 2 -foot amount of space and that the landscaping would be impeded by the overhang. He
stated that he feels that the 2 ft. is not sufficient space to support adequate screening materials.
Mr. Rodin indicated that having more space behind the structure would require it to be placed
further onto the applicant's property. He explained that that the proposed plan provides for
off street parking area and a turn -around area for vehicles on the applicant's property.
Mr. Tonsich indicated that he feels that the existing Eucalyptus Trees that occupy the majority
of the area in question provide sufficient screening of the structure. He explained the areas
that are visible from the adjoining property and a plan to screen the structures on his
property. He stated that he could return to the City Council and provide further diagrams of
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where the screening will be placed. He further commented on the amount of time that the
structure has been on the property and the parking situation on Eastfield Drive and explained
that the extra room on his property adds an extra safe off-street parking safety benefit. He
also stated that the garage would be too close to his residential structure if it is moved further
away from the setback.
Councilmember Heinsheimer stated that he had visited the property since the last City
Council meeting and indicated that he feels that the current plan is an improvement over the
original plan and the existing situation. He said that he feels that the applicant has provided a
plan with minimum grading and that a revised plan showing the structure further away from
the setback may require additional grading.
Discussion ensued regarding proposed planting in the easement to screen the structure. In
response to Mr. Tonsich, Mayor Lay acknowledged that the RHCA granted approval for an
easement reduction on his property, but expressed concern that the RHCA could withdraw
any license agreement to plant in an easement at a future point in time. Mayor Pro Tem Hill
suggested that the applicant may wish to move the structure a little further inward from the
setback to allow room for the landscaping so to not cause the landscaping to damage the
proposed structure.
Hearing no further discussion, Mayor Lay continued the public hearing to the next regular
meeting of the City Council scheduled to be held on Monday, March 24, 2003 to allow the
applicant time to revise the plan.
OLD BUSINESS
None.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Pernell commented on his attendance at the South Bay Cities Council of
Governments Homeland Security Seminar held recently. He reported that he would like to
recruit more Rolling Hills residents to become involved the Peninsula Emergency Response
Team (PERT) and would be working with the City Manager in that regard.
Mayor Lay announced that City Council reorganization would be included on the March 24,
2003 City Council agenda.
MATTERS FROM STAFF
City Manager Nealis reported that he and Planning Director Yolanta Schwartz are researching
the fees for soil and geology review by the County and will report their findings to the City
Council.
MATTERS FROM THE CITY ATTORNEY
CLOSED SESSION
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.
Existing Litigation:
G.C. 54956.9(a)
Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et.
al., Los Angeles County Superior Court, Case No. BC275012.
No closed session was held.
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ADTOURNMENT
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at
8:20 p.m. to the next regular meeting of the City Council to be held on Monday, March 24,
2003, 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,
6
B. Allen Lay
Mayor
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