5/12/2003MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MAY 12, 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 7:32 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.
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 April 28, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
Mayor Pro Tem Heinsheimer moved that the City Council approve the recommendations in
the Consent Calendar. Councilmember Lay seconded the motion, which carried
unanimously.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2003-04: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO
PERMIT GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
INCLUDING A BASEMENT, A POOL AND A FUTURE STABLE ON A VACANT LOT
AT 18 PORTUGUESE BEND ROAD, IN ZONING CASE NO. 656 (MARSHALL).
RESOLUTION NO. 2003-08: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE APPROVAL TO
CONSTRUCT A FUTURE STABLE IN THE FRONT YARD AREA AT 18 PORTUGUESE
BEND ROAD, (LOT 79-2-RH), IN ZONING CASE NO. 662 (MARSHALL).
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding this Zoning Case. He reported that the City Council took jurisdiction
of this case and that it was remanded back to the Planning Commission for review of a
Variance to construct the future stable in the front yard. He stated that the action relative to
the Variance request is memorialized by Planning Commission Resolution No. 2003-08, on the
agenda.
Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No.
2003-04 and Resolution No. 2003-08. Councilmember Lay seconded the motion.
Councilmember Black commented one the Development Agreement relating to the
undergrounding of utilities on the subject property also on the agenda. He indicated that he
feels that the Development Agreement should be dealt with prior to the City Council
considering these Resolutions. Discussion ensued regarding undergrounding of the utilities
required by the subdivision approval. In response to Councilmember Pernell, City Manager
Nealis presented an explanation of the three items relating to this property that appear on the
agenda. Councilmember Black expressed concern that the applicant is in default of the original
agreement to underground the utilities on the property by April, 2000 and that the applicant is
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requesting another 2 years to complete this work. He stated that he feels that the
undergrounding should be completed prior to the applicant being given the approvals
requested this evening.
In response to Councilmember Pernell, City Manager Nealis explained that the subdivision
that created the new lot required that the utilities be undergrounded. He explained the
current configuration of the utilities on the property and the proposed configuration of
underground utilities and indicated that work has not been completed by the applicant and the
City has not exercised the two $120,000 performance and cost bonds. He explained that staff
did not feel that the applicant would not complete this work and that staff attempts to work
with all residents to complete requirements during the development on their property, if
necessary. City Manager Nealis explained that Dr. Ralph Black, 36 Saddleback Road, had
expressed concern to the City Council and Planning Commission regarding the
undergrounding of the utilities for these properties.
City Manager Nealis explained the Planning Commission review of the Variance for the
placement of a future stable in the front yard and that staff had informed the Commission of
the ability to include language relating to undergrounding of utilities in the Resolution
regarding the Variance, but that the Commission elected to not include any conditions relative
to undergrounding of utilities in the Resolution. Further, City Manager Nealis indicated that a
disagreement had occurred between staff and the applicant's representative at the
Commission meeting as to which poles on the properties were required to be undergrounded,
specifically, the overhead lines that cross Portuguese Bend Road. Further, City Manager
Nealis explained that due to the Commission not including a condition relative to
undergrounding, the disagreement as to what lines are required to be undergrounded and in
an effort to address the concerns expressed by Dr. Ralph Black, that staff had negotiated the
development agreement to re-establish a firm timeframe for the undergrounding to be
completed, clarify which poles and wires are to be placed underground and to revise the bond
amounts to cover expenses for this project. In response to Councilmember Pernell, City
Manager Nealis explained that the applicant has agreed with the development agreement and
that staff has already received one of the bonds.
City Attorney Jenkins reported that one of the bonds guarantees performance and the other
guarantees payment to the contractors and that the City would liquidate these bonds if the
subdivider fails to perform the improvements within the time period in the new agreement.
He explained that the subdivider is in default under the existing agreement and that he is now
requesting an extension of time. He further explained that most subdividers are not able to
construct all of the required improvements at the time they request approval of the final map
and that they bond for this work so that they can record the subdivision and sell the
properties in order to use those funds to complete the improvements.
Mayor Pro Tem Heinsheimer suggested that the City Council consider the motion to receive
and file Resolution No. 2003-04 and Resolution No. 2003-08 at this time and consider the
undergrounding issue with Item No. 8-A. Councilmember Black commented on the
commitment of the applicant to underground the utilities within two years after the approval
of his subdivision. He stated that he feels that the undergrounding of the utilities in this area
will benefit all residents. He expressed concern that the City Council may loose leverage on
Item 8-A if the Council approves these two items at this time. Mayor Pro Tem Heinsheimer
commented that he feels that completing this type work in conjunction with other work on
the property would be less invasive on the community. Councilmember Lay indicated that
the applicant should be forewarned that if the undergounding is not complete by the
timeframe in the agreement, that the City will use the bonds to complete this work.
Hearing no further discussion, Mayor Hill called for a roll call vote.
AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO CORRESPONDENCE FROM MR. JOE HUMMEL, TENNIS CLUB
FACILITIES CHAIRMAN, PROPOSING RELOCATION OF THE VISITOR STOP SIGN
AND A "KEEP CLEAR" PAVEMENT MARKING BETWEEN THE COMMUNITY
ASSOCIATION GATE GUARD HOUSE AND THE TENNIS COURT PATHWAY.
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City Manager Nealis presented the staff report outlining Mr. Hummel's request and the Traffic
Commission's and Traffic Engineer's recommendation for the implementation of a "Wait
Here" sign with a 12" limit line in the area approaching the visitor's entrance at the Main Gate
as well as the installation of an additional "Stop" sign with the stop legend pavement marking
at the visitors entrance travel lane.
Mayor Pro Tem Heinsheimer expressed that he feels that this solution may create confusion
for pedestrians and those waiting to check in at the gate because of the non-standard signage.
Mr. Joe Hummel, Tennis Club Facilities Chairman, explained the proposed 12" limit line and
indicated that this marking in conjunction with the "Wait Here" sign will create enough room
for pedestrians. He stated that he feels that this is a modest proposal.
In response to Councilmember Pernell, City Manager Nealis explained that this
recommendation would cost approximately $500. Councilmember Pernell suggested that if
the City Council were to approve this recommendation that its effectiveness should be
monitored. In response to Councilmember Pernell, Mr. Hummel stated that he has noticed a
problem in the area with pedestrians trying to squeeze through waiting vehicles to access the
tennis courts. Councilmember Lay explained that he has seen this type of signage in other
cities. Mayor Hill indicated that the Traffic Engineer felt that this recommendation would not
pose a liability problem for the City.
Hearing no further discussion, Mayor Hill called for a motion.
Councilmember Pernell moved that the City Council approve the recommendation of the
Traffic Engineer and Traffic Commission for the implementation of a "Wait Here" sign with a
12" limit line in the area approaching the visitor's entrance at the Main Gate as well as the
installation of an additional "Stop" sign with the stop legend pavement marking at the visitors
entrance travel lane. Councilmember Lay seconded the motion which carried unanimously.
The City Council requested that Mr. Hummel evaluate the implementation of the "Wait Here"
sign for four months and report back to the Traffic Commission.
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 revised
plan depicting the proposed detached garage seven feet into the side yard setback. Mayor Hill
opened the public hearing and called for testimony.
Mr. Nick Tonsich, applicant, presented aerial photographs of the property and proposed
improvements. He also presented information regarding the sound insulation for the
proposed garage. He explained that the aerial photograph of the easement shows existing
trees between the garage structure and the neighboring property at 38 Eastfield Drive. He
explained that the introduction of one tree will accomplish the screening of the proposed
garage from the neighboring property and that he feels that this tree would not cause damage
to the proposed structure. He commented on the concerns expressed by the neighboring
property owner regarding potential traffic noise with the addition of the proposed three -car
garage. Mr. Tonsich indicated that if the garage were to be placed further away from the
setback that it would block the driveway access and that more grading would needed.
In response to Councilmember Black, Mr. Tonsich explained that the revised plan depicts the
structure one more foot away from the setback line and that it was his understanding that the
City Council had wanted the structure moved in order to accommodate planting to screen the
structure from the neighboring property.
Councilmember Lay expressed concern that the existing planting in the easement may be
cleared at some point in the future. He also commented on the 18" roof overhand that is
required by the Community Association. Mr., Tonsich explained that a trellis structure in this
area might accommodate planting to screen the structure.
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Councilmember Heinsheimer indicated that he feels that the proposed structure is an
improvement over the existing structure currently on the property. He expressed concern
that if the structure were to be moved further out of the setback area that it may create
grading and drainage problems as well as vehicular access problems.
Councilmember Pernell expressed concern about the distance that the structure was moved
over the previous plan. He explained that he feels that the easements in the City should be
preserved. Mr. Tonsich explained the distance that the structure had been moved since the
Planning Commission approved the proposed improvements.
Mr. William Bauer, 38 Eastfield Drive, indicated that his wife is the co-owner of the property
and that she has not had the chance to review the aerial photographs and other exhibits
submitted by Mr. Tonsich this evening. He requested the opportunity for her to review this
material. Mr. Bauer commented on the proposed guesthouse and indicated that a guesthouse
may increase vehicle traffic in the driveway area. In response Mr. Tonsich's explanation that
he has not received complaints about noise Mr. Bauer indicated that Mr. Tonsich does not
currently reside at the property. He stated that the applicant's driveway goes through his
property.
Hearing no further discussion, Mayor Hill closed the public hearing and called for a motion.
After discussion regarding the distance of the proposed garage structure from the setback, the
applicant agreed to amend the plan moving the garage structure 4 feet from the setback.
Councilmember Lay moved that the City Council direct staff to prepare a Resolution of
Approval in Zoning Case No. 653 incorporating an amendment to the plan depicting an
encroachment of the proposed detached garage six feet into the side yard setback. Mayor Pro
Tem Heinsheimer seconded the motion, which carried by the following roll call vote:
AYES: Councilmembers Black, Heinsheimer, Lay, and Mayor Hill.
NOES: Councilmember Pernell.
ABSENT: None.
ABSTAIN: None.
Staff was directed to review the plan to ensure that the revised plan is consistent with the
Resolution of Approval.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Scott Breitenstein, 5 Acacia Road, addressed the City Council and reported that he is currently
working on a Boy Scout Merit Badge. He requested that the City Council consider re -striping
the crosswalk on Portuguese Bend Road at Acacia Lane because it had been partially marked
out due to re -paving. City Manager Nealis explained that this work would be done with the
FY 03-04 Citywide Street Striping and Pavement Marking Project.
OLD BUSINESS
CONSIDERATION OF REQUEST FOR PROPOSAL FOR NEW HAND HELD 2 -WAY
EMERGENCY RADIOS.
City Manager Nealis presented staff report outlining a concern expressed at a meeting of the
Disaster Preparedness Block Captains and PERT Members in the City regarding
communication during an emergency and information regarding a proposed hand held 2 -way
communication system. City Manager Nealis indicated that he spoke to the vendor that
provided the information regarding the Motorola system that is outlined in the staff report
and that the vendor indicated that Kenwood might provide similar equipment. In response to
Councilmember Black, City Manager Nealis indicated that the total cost for the 28 units is
approximately $22,000.
Councilmember Heinsheimer inquired as to whether any exercises have been conducted
related to emergency communications. City Manager Nealis explained that the existing radio
communication units have been used in the City, and the staff tests, however, based on the
topography of the City, communications are not 100%. City Manager Nealis explained that
should normal communications be out of commission that perhaps hand held radios would be
beneficial. He explained that during a phone outage that occurred in the City some time ago
that staff personally visited the homes of the Block Captains to communicate the situation to
them.
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In response to Councilmember Pernell, City Manager Nealis, explained that the Block
Captains would be instructed as to when to use the emergency communication system and
that this item had been placed before the City Council to address a concern that was raised by
the Block Captains.
City Manager Nealis explained the FCC frequency utilized by the City. Discussion ensued
regarding the Disaster Communication System utilized by the Sheriff's Department. Mayor
Hill commented on the proposed system and expressed concern about being able to
determine if a block captain is home during a disaster and able to operate the radio.
Following the discussion regarding the proposed system, possible training and usage of the
system and related costs, the City Council requested more information and directed staff to
work with Councilmember Pernell in this regard.
CONSIDERATION OF A DATE FOR THE CITY COUNCIL/RHCA BOARD OF
DIRECTORS JOINT MEETING.
City Manager Nealis presented the suggested dates for the joint meeting. Councilmembers
proposed that this meeting be held on Wednesday, June 11, 2003 as the first choice and
Wednesday, June 4, 2003 as the second choice at 7:30 p.m. and directed staff to communicate
these proposed dates to the RHCA.
CITY COUNCIL COMMITTEE ASSIGNMENTS.
There being no objection, the City Council approved the City Council Committee
Assignments as presented by Mayor Hill.
NEW BUSINESS
CONSIDERATION OF A DEVELOPMENT AGREEMENT RELATING TO THE
UNDERGROUNDING OF UTILITIES AT 17 AND 18 PORTUGUESE BEND ROAD
(MARSHALL).
City Manager Nealis presented the staff report. He indicated that a majority of the Planning
Commissioners felt that the undergrounding utility requirement should not be linked with the
approval of the Variance for the stable in the front yard and therefore staff created this
development agreement with the City Attorney to accomplish the undergrounding of utilities.
He explained that staff has always worked with applicants, rather than to liquidate bonds, to
complete requirements. City Manager Nealis explained that in an effort to address issues
previously mentioned at tonight's meeting, the new development agreement set a timeframe
of 24 months or upon commencement of grading on the property for the undergrounding to
be completed.
In response to Mayor Pro Tem Heinsheimer, City Manager Nealis explained the configuration
of the proposed underground utilities that were required with the subdivision.
Councilmembers discussed other utility poles in the area and the possibility of those property
owners voluntarily undergrounding their utilities at the same time that Dr. Marshall completes
his underground requirement. City Manager Nealis reported that Southern California Edison
would work with the property owners in the area to accomplish any private underground
utility project requested by the residents. City Manager Nealis indicated that the property
owners in the area could be alerted to the undergrounding project that is required by Dr.
Marshall.
In response to Councilmember Black, City Manager Nealis explained that the exhibit depicting
the undergrounding of the utilities on Dr. Marshall's property presented this evening matches
the requirements under the subdivision approval. Planning Director Schwartz stated that
there is a condition in the Resolution of Approval for the subdivision that specifically states
which poles must be eliminated and explains the configuration of the underground utility
requirements on Dr. Marshall's property.
Councilmember Lay commented on the 2 -year timeframe outlined in the agreement and the
Site Plan Review approval, which must be completed within 1 year. Planning Director
Schwartz explained that the utilities are required to be placed underground in conjunction with
the grading process, or 2 years, whichever occurs first. He stated that he feels that this is a
reasonable approach. In response to Councilmember Lay, City Manager Nealis stated that a
grading permit is not required for the trenches to underground utilities.
Dr. Ralph Black, 36 Saddleback Road, commented on the unsightly appearance of overhead
utility lines. He indicated that the utilities in Palos Verdes Estates are underground and
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commented on the ambiance created by the underground utilities. Dr. Black commented on
the line that crosses Portuguese Bend Road and indicated that this is the core entrance to the
City. He expressed concern that the utilities have not been undergrounded per the
subdivision agreement and queried as to whether this is fair to the residents of Rolling Hills.
In response to Mayor Hill, Dr. Black explained that it was made very clear to him when he
created a subdivision on Portuguese Bend Road that he would have to underground the
utilities. He stated that he feels that subdividers should know that underground utilities is a
requirement of obtaining subdivision approval and that they should work this requirement
into their budget. He expressed concern that the undergrounding of the utilities will be
delayed if Dr. Marshall were to sell this lot. He stated that the residents of Rolling Hills should
be able to enjoy the ambiance of underground utilities now. He stated that he feels that the
City Council should require this work to be done by September ls` and exercise the bond if the
work is not complete.
Mayor Hill commented on increase in the amount of the bonds and the financial loss to the
applicant if he does not meet the requirements of the development agreement.
Mayor Pro Tem Heinsheimer moved that the City Council approve the Development
Agreement.
Discussion ensued regarding the development agreement. City Manager Nealis explained the
Edison Company would approve the design, pull the lines and activate the underground
utilities. He stated the applicant would hire a contractor to complete the rest of the work.
Mayor Pro Tem Heinsheimer stated that he feels that that the undergounding of the utilities
will occur in a more timely manner with the implementation of the new agreement.
Councilmember Black expressed concern that this work had not been completed as required
under the original subdivision agreement. In response to Mayor Hill, Councilmember Black
stated that the City had absolute dates and bonding previously and that the applicant failed to
complete the work. He commented on a neighboring property owner who privately
undergrounded the utilities on his property who was willing to work with Dr. Marshall to
complete an underground project. He indicated that Dr. Marshall's property is for sale.
Discussion ensued regarding the bond amount stipulated in the Development Agreement. In
response to Councilmember Pernell, City Attorney Jenkins explained that it may take longer
than the 2 years to complete the undergrounding if the City liquidates the bonds connected
with the agreement. Councilmembers discussed the prospective sale of the property and how
the sale would impact the agreement.
Councilmember Lay seconded the previous motion made by Mayor Pro Tem Heinsheimer.
Dr. Robert Marshall, 17 Portuguese Bend Road, explained that he wanted to subdivide his
property in order to sell the lot in order to modify his existing residential structure. He
explained the amount of time that it had taken for him to go through the subdivision process.
He indicated that the more restrictions that are placed on his property the harder it will be for
him to sell the new lot.
In response to Councilmember Black, Dr. Marshall explained that he had intended to
underground the utilities at the time of development of the vacant lot and that staff indicated
that they would work with him to complete this work.
Councilmember Pernell stated that he would suggest a partial payment of the bond in cash
due to the default history of the applicant. Mayor Pro Tem Heinshiemer stated that City has
historically the worked with residents to complete development requirements. He expressed
concern that renegotiation of the Development Agreement would undermine the integrity of
the Planning Commission and the Council. Councilmember Lay stated that it is clear to him
that the undergournding will not be completed unless the property is sold.
Councilmembers discussed the suggestion of a partial payment of the bond in cash. City
Attorney Jenkins explained how this process could work. Mayor Pro Tem Heinsheimer
commented that this process would make the lot harder to sell and delay the underground
utilities further.
Hearing no further discussion, Mayor Hill called for a roll call vote:
AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
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Staff was directed to determine whether any other poles could be undergrounded in
conjunction with the underground requirements for the Marshall property at 18 Portuguese
Bend Road.
CONSIDERATION OF A CLAIM SUBMITTED BY DANIEL D. & MARLENE C.
WHITCRAFT, 46 SEAWALL RD., RANCHO PALOS VERDES, CALIFORNIA.
City Manager Nealis presented the claim. Mayor Pro Tem Heinsheimer moved that the City
Council deny this claim and directed staff to provide a standard letter of denial.
Councilmember Lay seconded the motion, which carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Black commented on the Development Agreement for 18 Portuguese Bend
Road and requested that staff advise the City Council when such an agreement may be in
default.
Councilmember Lay expressed concern about information regarding crime statistics that are
being circulated by the RHCA Committee on Security and Privacy.
MATTERS FROM STAFF
City Manager Nealis reported that a memo from RHCA Manager Peggy Minor had been
received earlier in the day requesting that the City place an ad in the Newsletter relating to a
correction to the RHCA Gate Automation Privacy Survey/Election. He indicated that unless
the City Council had an objection, he would respectfully decline this request because he felt
that this matter strictly relates to the RHCA and an article in the Citywide Newsletter might
confuse residents. There were no objections. Mayor Hill commented on this issue relating to
the survey mailed out by the RHCA. He suggested that the RHCA consider a secret ballot
arrangement.
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.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at
10:07 p.m. to the next regular meeting of the City Council to be held on Monday, May 26,
2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California. It was noted that Monday, May 26, 2003 is Memorial Day and
that an adjourned regular meeting of the City Council will be held on Tuesday, May 27, 2003.
Appro d,
Frank E. Hill
Mayor
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Respectfully submitted,
n�
Marilyn L. kern
Deputy City Clerk
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