4/14/2003MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
APRIL 14, 2003
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Hill at 7:35 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
Councilmembers Present: Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor
Hill.
Councilmembers Absent: None.
Others Present: Craig Nealis, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
Captain Jay Zuanich, LASD, 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 March 24, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
Councilmember Lay moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Pernell seconded the motion. In response to
Councilmember Black, City Manager Nealis explained that the $600 payment to G.S. Brothers
(Item B) was for monthly landscape maintenance services for the City Hall/RHCA and tennis
court grounds. City Manager Nealis confirmed that this service was originally obtained
through competitive bids and that G.S. Brothers was the low bidder and that the agreement
with G.S. Brothers has been extended by the City Council several times. The motion carried
unanimously.
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 applicant's request for a continuance. Hearing no
objection, at the applicant's request, Mayor Hill continued the public hearing to the next
regular meeting of the City Council scheduled to be held on Monday, April 28, 2003.
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ZONING CASE NO. 656, REQUEST FOR A SITE PLAN REVIEW FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, WHICH REQUIRES
GRADING, ON A VACANT LOT ON PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN
ZONING CASE NO. 656. (MARSHALL).
City Manager Nealis presented the staff report providing background regarding Zoning Case
No. 656. He reported that this case was presented to the City Council on March 24, 2003. At
that meeting, the City Council took jurisdiction of the case after concerns were expressed by
Councilmembers Lay and Pernell regarding whether a Variance was also required
concurrently with the Site Plan Review application in order to propose a future stable in the
front yard. He indicated that staff has researched this subject and that the City Council's
concerns were accurate and that a Variance application is required at this time and
recommended that the City Council remand this case back to the Planning Commission for
review of a Variance to locate the future stable in the front yard. He indicated that staff has
reviewed this matter with the applicant, and that the applicant has indicated that he is not able
to amend the Site Plan to propose the future stable and corral area in a otherwise permitted
location on the property due to the "mature native vegetation" identified in the Subdivision
for this lot. Mayor Hill opened the public hearing.
Mr. Doug McHattie, Bolton Engineering, presented an explanation of the plan and indicated
that the location of the future stable and corral area was necessitated by the design and
orientation of the proposed residence on the property. He commented on the pastoral view
of equestrian facilities in front yards.
City Manager Nealis reported that a letter had been received earlier in the day from Dr. Ralph
Black, 36 Saddleback Road, requesting that the undergrounding of the utilities requirement on
the subject property be completed as soon as possible. He indicated that this letter had been
placed before the City Council this evening. He explained the undergrounding requirements
related to the approval of a subdivision of the subject property and indicated that this subject
could be discussed at the Planning Commission level.
Hearing no further discussion, Mayor Hill closed the public hearing and called for a motion.
Councilmember Lay moved that the City Council remand Zoning Case No. 656 back to the
Planning Commission for consideration of a Variance for a future stable to be placed in the
front yard. Councilmember Pernell seconded the motion, which carried unanimously. Staff
was directed to provide the correspondence from Dr. Ralph Black relative to the
undergrounding of utilities to the Planning Commission for consideration.
OLD BUSINESS
CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS.
Mayor Hill requested that this item be considered later on the agenda. Hearing no objection,
he so ordered.
NEW BUSINESS
ORDINANCE NO. 291: AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PERSONAL
CONDUCT.
City Manager Nealis presented the staff report providing background regarding the proposed
ordinance. Hearing no discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council waive further reading and
introduce Ordinance No. 291. Councilmember Lay seconded the motion, which carried
unanimously.
Mr. Richard Colyear, 35 Crest Road West, commented on the proposed ordinance and stated
that the reason he brought it up at the Candidate's Forum in February was because he had
reviewed the Municipal Code and thought that the City Council may not be aware of this
section. He commented on other sections in the Municipal Code that have been updated and
urged the City Council to review the Code and remove sections that are no longer relevant.
CONSIDERATION OF ALLOCATION OF CITY OF ROLLING HILLS PROPOSITION C
LOCAL TRANSPORTATION FUNDS.
City Manager Nealis presented the staff report regarding the inability to expend Proposition C
Funds in Rolling Hills, the inability to exchange these funds and the previous City Council
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direction and policy to consider local allocations of these funds. He also presented the requests
for these funds from the Cities of Rancho Palos Verdes and Rolling Hills Estates.
Mr. Sam Wise, Assistant City Manager, Rolling Hills Estates, and Mr. Dean Allison, Director of
Public Works, Rancho Palos Verdes; provided brief explanations of the proposed projects
within their cities and thanked the City Council for the opportunity to apply for these funds.
In response to Councilmember Black, Mr. Allison stated that Highridge Road is showing a
great deal of wear and they are planning to place a rubberized asphalt overlay on the road.
In response to Councilmember Pernell, City Manager Nealis explained that previously the
City Council allocated these fund in a percentage of 60% to Rolling Hills Estates and 40% to
Rancho Palos Verdes.
Councilmember Black commented on the letter received from Dr. Ralph Black relating to the
signal at Palos Verdes Drive North and Portuguese Bend Road and indicated that the City
Council may wish to consider this before appropriating any of the Proposition C Funds to
Rolling Hills Estates. City Manager Nealis reported that the letter from Dr. Ralph Black, 36
Saddleback Road, requested that the Mayor discuss with the Mayor of Rolling Hills Estates the
possibility of placing a left turn arrow signal for vehicles turning left onto Portuguese Bend
Road from Palos Verdes Drive North.
Dr. Ralph Black, 36 Saddleback Road, commented briefly on his letter and indicated that he
uses that intersection a great deal and that he feels that it is a dangerous situation. He
commented on an article he had read in the newspaper indicating the Rolling Hills Estates staff
recommended that no changes be made to that intersection related to another problem at that
location.
Discussion ensued regarding the request from Dr. Black. Mr. Wise reported that Rolling Hills
Estates previously reviewed a protective permissive left turn phasing at that intersection,
especially turning left onto Rolling Hills Road, and the concern has always been that anytime
you add a phase you must removed green time from another direction. He indicated that
they have been reluctant to change this intersection due to the overwhelming concern about
the traffic flow on Palos Verdes Drive in an easterly and westerly direction. He stated that he
does not feel that this type of project would be an eligible use of the Proposition C Funds
because they are basically for public transit improvement projects. In response to
Councilmember Black, Mr. Wise explained that the funds must be used for projects that are
heavily used by transit systems. Mr. Wise indicated that the Metropolitan Transportation
Authority would need to be contacted to determine if these funds could be used for signal
improvements.
Hearing no further discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council allocate one-half of its' Proposition
C Local Transportation Funds to the City of Rolling Hills Estates and one-half of its'
Proposition C Local Transportation Funds to the City of Rancho Palos Verdes.
Councilmember Lay seconded the motion. Councilmember Black stated that he would like to
have the City of Rolling Hills Estates look into providing the signal improvements at Palos
Verdes Drive North and Portuguese Bend Road before the City allocates these funds.
Councilmember Pernell stated that Rolling Hills Estates has always been very cooperative
with Rolling Hills. Councilmember Pernell indicated that he feels that the City Council should
act on the motion and refer Dr. Ralph Black's letter to the Traffic Commission for review.
Councilmember Black expressed concern that these funds will be spent for another project and
they might not be available later for the suggested signal improvements.
Mayor Hill further commented on the cooperation between the City of Rolling Hills Estates
and Rolling Hills and called for a roll call vote:
AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
Staff was directed to place an item on the next Traffic Commission agenda relative to
correspondence from Dr. Ralph Black, 36 Saddleback Road, regarding consideration of a left
turn arrow signal from PV Drive North to Portuguese Bend Road.
CONSIDERATION OF AMENDMENTS TO COUNTY OF LOS ANGELES
GEOTECHNICAL REPORT, SITE AND PLAN REVIEW FEES.
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City Manager presented the staff report providing information regarding the proposed fee
schedule modification by the County for geotechnical report, site plan and review. He
explained the previous and proposed method of calculating these fees. Hearing no discussion,
Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 931
amending fees collected for geotechnical report, site and plan review services provided by the
County of Los Angeles. Councilmember Pernell seconded the motion, which carried
unanimously.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
In reply to Mr. Richard Colyear, 35 Crest Road West, City Manager Nealis explained the
landscape maintenance responsibilities of the City for the City Hall Campus and the Tennis
Court Area as required by the Lease Agreement between the City and the Community
Association.
Mr. Colyear commented on concerns expressed at a recent Women's Club Neighborhood
Meeting regarding speeding vehicles on Crest Road. Mayor Hill explained the discussions that
have been initiated by the City Council relative to increasing traffic patrol in the City.
Mr. Colyear also commented on the City Council agenda that is published with the Citywide
Newsletter and that an item that was not mentioned in the Newsletter was actually on the
Agenda. City Manager Nealis explained that the Women's Club had requested that the City
publish the Newsletter early that week in order to accommodate the advertisement of their
Neighborhood meeting and at that time the agenda was not complete. After a brief discussion
and an explanation from the City Manager relative to the City's 72 hour meeting notification
requirement and that the Newsletter is an outreach tool and is not used to satisfy legal agenda
noticing requirements, Councilmember Pernell suggested that the agenda that is included with
the Citywide Newsletter be marked "draft" or that a disclaimer is placed on it indicating that it
may not be a complete agenda and that the final agenda will be posted at City Hall 72 hours
before the City Council meeting.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
CONSIDERATION OF A COMMUNITY VOLUNTEER RECOGNITION EVENT.
Mayor Hill indicated that it has been 5 years since the City hosted a community volunteer
recognition event for those who work so hard in the community. There being no objection,
staff was directed to coordinate a Community Volunteer Recognition Event.
CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS.
Mayor Hill requested that the City Council provide their Committee preferences to him.
Councilmember Black expressed concern about an increase in the "rolling retro" deposit that
will be required to be paid by the City to the California Joint Powers Insurance Authority due
to existing litigation, (Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of
Rolling Hills, et. Al., Los Angeles County Superior Court, Case No. BC275012). He indicated
that he feels that the residents of the City should know why these charges are being increased.
Following discussion, staff was directed to prepare a report regarding this subject for an
upcoming City Council meeting.
Councilmember Lay commented on items for the City Council/RHCA Board Joint Meeting
scheduled for Tuesday, April 29, 2003. Mayor Pro Tem Heinsheimer reported that he
regrettably has a conflict on the proposed date. Councilmembers selected the alternative date
of Wednesday, April 30, 2003. Staff was directed to query the Community Association as to
whether this date would meet with their schedules.
Mayor Hill commented on his attendance at the Women's Club Neighborhood Meeting held
on April 10, 2003. He indicated that concern expressed was about speeding vehicles on Crest
Road. After discussion, staff was directed to place an item on the next City Council meeting
agenda relating to options to increase traffic enforcement in the City. Mayor Hill indicated
that if there were no objections, he would ask the Peninsula Mayors to keep Rolling Hills
informed regarding future budgetary intentions relative to law enforcement services.
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MATTERS FROM STAFF
City Manager Nealis reported that staff will be preparing a Request for Proposal for hand-held
emergency communication radios for consideration by the City Council at their next meeting.
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.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:10
P.M. to the next regular meeting of the City Council to be held on Monday, April 28, 2003,
beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
Approved,
k- ,
4 Q0
Frank . Hill
Mayor
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Respectfully submitted,
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Marilyn L. Ke
Deputy City Clerk
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