7/14/2003MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
JULY 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 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
l_ ROLL CALL
Councilmembers Present: Black, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
Councilmembers Absent: Lay (excused).
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 June 23, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Southern California Gas Company notice to
increase, Application No. 03-06-021 filed with
Commission.
RECOMMENDATION: Receive and file.
customers of proposed rate
the California Public Utilities
Councilmember Pernell moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Black seconded the motion, which carried unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
ZONING CASE NO. 660
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DECISION TO
DENY A REQUEST FOR A SITE PLAN REVIEW TO PERMIT THE CONSTRUCTION OF
A SWIMMING POOL/SPA, ON A PROPERTY THAT REQUIRES PLANNING
COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT
APPROVED IN MARCH 2001, AT A SINGLE FAMILY RESIDENCE, AT 10
PORTUGUESE BEND ROAD, (LOT 52-RH. (HWUNG).
City Manager Nealis presented the staff report outlining the applicants' request and their
appeal of the Planning Commission's decision to deny the application. He provided
background regarding the property. City Manager Nealis reported that a letter from a
neighboring property owner supporting this appeal had been received after the agenda
materials were delivered to Councilmembers and that the letter had been placed before the
City Council this evening. Mayor Hill opened the public hearing and called for testimony.
Mr. Stan Lamport, applicants' representative, explained the impacts that the setbacks have on
the pad of the property due to the adjacent roadways. He pointed out the setbacks off of
Portuguese Bend Road and Eucalyptus Lane and the pad area on the plan. He. stated that he
feels that the property is not crowded and has a lot of open area. He commented on the pad
coverage guideline of the City.
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Hearing no further public comments or discussion, Mayor Hill continued the public hearing to
an adjourned regular meeting of the City Council to be held on Monday, July 28, 2003
beginning at 7:00 p.m. for the purpose of conducting a field review of the subject property.
Councilmember Black questioned laws pertaining to fencing around or covering of swimming
pools. City Manager Nealis explained how the County of Los Angeles administers this
regulation in Rolling Hills. He indicated that when pools are constructed, that the homes in
Rolling Hills are required to have an alarm system at the back of the residence, or on the
surface of the pool. He indicated that many residents have pool covers or other alarm
systems that notify them if water in the pool is disturbed.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF DRAFT CORRESPONDENCE RELATIVE TO CITY COUNCIL
AND COMMUNITY ASSOCIATION BOARD OF DIRECTORS JOINT MEETING.
City Manager Nealis presented the staff report providing background regarding this subject.
Councilmember Black indicated that he had a few revisions to the draft letter. He explained
the revisions and indicated that he had wanted to make the letter briefer. Councilmember
Pernell commented on the letter and queried whether it would be read by the residents. In
response to Councilmember Pernell, Councilmember Black indicated that he had offered to
send the letter out to residents on his own and is still willing to do so.
Discussion ensued regarding Councilmember Black's revisions relative to underground
utilities. In response to Councilmember Black, City Manager Nealis explained the policy in
Palos Verdes Estates to allocate Edison Rule 20A funds to assist residents in funding
preliminary engineering reports relative to private underground projects. He indicated that
he does not know how much of the City's Rule 20A fund balance will be available after the
Rule 20A project on Crest Road is completed.
Mayor Pro Tem Heinsheimer suggested that this item be held on the agenda until the minutes
of the Joint Meeting are approved by the City Council. He also suggested that the Council
may wish to determine whether they wish to send the proposed letter or place an article in the
Citywide Newsletter that the meeting took place and that the minutes are available for those
who may wish to read them.
Mayor Hill commented on Councilmember Black's offer to mail the proposed letter on his
own and expressed concern that a united front may not be shown by the City Council if a
single Councilmember sends out a letter.
Further discussion ensued regarding the underground utilities portion of the proposed letter.
City Manager Nealis explained that Rule 20 A funds may be advanced to residents desiring to
privately underground their utilities like the Palos Verdes Estates Program, however, the City
Council has not formally developed or adopted a program. Councilmember Black
commented on a discussion at the Joint Meeting relative to undergrounding of utilities and
indicated that RHCA Board President Don Crocker had indicated that he had a problem using
general funds for what is essentially an individual property owners benefit. He also
commented on the City Manager's explanation at the Joint Meeting that the Rule 20A funds
could be used to obtain the preliminary estimates for residents desiring to underground their
utilities. City Manager Nealis indicated that this represents an eligible use of 20A Funds.
Hearing no further discussion, Mayor Hill directed that this item be continued to the next
regular meeting of the City Council.
CONSIDERATION OF A REQUEST FOR PROPOSAL FOR CONSULTING SERVICES
FOR THE IMPLEMENTATION OF THE REQUIREMENTS OF THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES) AND THE
TOTAL MAXIMUM DAILY LOAD (TMDL) REGULATIONS.
City Manager Nealis presented the staff report providing background regarding current and
future requirements that all stormwater discharge be subject to, and in compliance with the
NPDES Permit and the TMDL requirements and testing. He presented the RFP for consultant
services to assist the City in the reporting requirements and ongoing compliance with these
mandates. City Manager Nealis explained the two watersheds that Rolling Hills has been
determined to be in and the requirements of complying with the laws relative to NPDES and
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TMOL. He further stated that he feels it is now necessary to secure a consultant to best
represent the City in compliance and monitoring matters and to attend required meetings, as
in other area cities, and that funds are provided in the FY 2003-04 Budget for these consultant
services that staff estimates should not exceed $15,000 per year. He further explained that the
RFP calls for a 3 -year agreement.
Councilmember Black stated that the City currently has no industry or agriculture and
expressed concern that Rolling Hills must be involved in this program and indicated that he
feels that the City has no pollution. City Attorney Jenkins explained that, per the Permit,
pollution includes soil, pesticides, and manure. In response to Councilmember Black, City
Attorney Jenkins explained that the soil from a property entering a storm drain is also
considered pollution within the meaning of the Clean Water Act. City Attorney Jenkins
explained that the City has County operated storm drains and that the RHCA owns and
operates numerous storm drains along the canyons and that many of them flow down toward
Rancho Palos Verdes and into the ocean. He stated that Rolling Hills' obligations in respect to
the NPDES are far narrower in scope than any other city. Councilmember Black stated that he
would rather spend the money to have the City test locally and report that it has zero
pollution. Councilmember Black queried whether there was a way that the City could
monitor the pollution. In response, City Attorney Jenkins stated that the NPDES permit exists
and that the city is operating under this permit and has certain obligations both in terms of
inspection and erosion control. City Attorney Jenkins explained the reporting obligations
associated with the NPDES permit that the City is obligated to submit. He indicated that there
are certain aspects that do not apply to Rolling Hills and that a consultant could best serve the
City's interest in this respect.
Also in response to Councilmember Black, City Attorney Jenkins explained that the City must
demonstrate that it is performing Best Management Practices and he further explained the
reporting and compliance obligations of the City. City Attorney Jenkins explained the TMDL
requirements relating to trash that may find its way to the storm drains.
In response to Councilmember Black, City Manager Nealis stated that there are numerous
storm drains throughout the City that drain into canyons. City Manager Nealis explained it
would be to the City's advantage to obtain a consultant to defend the practices of Rolling Hills
related to this matter. City Manager Nealis explained the testing that will occur in the two
watersheds that Rolling Hills drains into and a consultant's expertise in this process. Planning
Director Schwartz explained the surface flow from Rolling Hills into neighboring cities' storm
drain systems.
City Attorney Jenkins further explained the NPDES permit process. He stated that Rolling
Hills and other cities previously chose not to challenge this process because it would cost more
to challenge the process rather than to comply with it given the nature of the City. He
explained that -if pollutants are found that the cities will be held responsible for this pollution.
City Attorney Jenkins indicated that he understands Counclmember Black's abhorrence to
spending money unnecessarily but that it is a small price to pay to obtain compliance. In
response to Councilmember Black, City Attorney Jenkins stated that the City does not have
the expertise to self test and that it would be very costly to do so.
Councilmember Pernell commented on the Montrose Chemical lawsuit. City Attorney
Jenkins commented on the fact that Rolling Hills does not have sewers. He explained that
waste water in cities with a sewer system is treated. He also explained that storm water runoff
in Rolling Hills may be potentially polluted from the use of septic systems, cesspools and leach
fields in the City that may be washed into the storm drains and out into the sea if those
systems are not working property or drained frequently.
Councilmember Pernell moved that the City Council approve the request for proposal and
that staff be directed to obtain bids for the consulting services. Mayor Pro Tem Heinsheimer
seconded the motion which carried unanimously by those Councilmembers in attendance.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Black commented on the discussion at a recent City Council/RHCA Joint
Meeting relative to the view impairment processes of each entity. He indicated that he feels
that the City's application should be simplified. After discussion regarding the RHCA's View
Preservation Process, the City's View Preservation Process and the ordinance of the City
relating to trees and views, staff was directed to review and simplify the City's View
Impairment Application.
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Mayor Hill reported that if there were no objections, that he would be investigating the food
and facilities at the Ports O' Call Restaurant and that he would proceed with that facility for the
Volunteer Appreciation Brunch scheduled for September 6, 2003. No objections were
received.
Mayor Hill commended staff for their efforts in tracking down solid waste reporting errors.
MATTERS FROM STAFF
City Manager Nealis reported that the overtime traffic patrols had been completed on July 6,
2003. He indicated that 72 speeding, 18 stop sign and 4 seatbelt violation citations were issued
and that of the 94 citations, 50 were issued to Rolling Hills residents. Additionally, Mayor Hill
indicated that 21 walkers/joggers were warned about walking in roadways.
MATTERS FROM THE CITY ATTORNEY
At 8:20 p.m., the City Council recessed to a closed session.
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.
Existing Litigation:
G.C. 54956.9(a)
Shell Chemical Company, et al. v. County of Los Angeles, et al., Case Nos. CV -00-1917
MRP (MANx); CV -00-1938 MRP (MANx); and CV 00-6420 MRP (MANx).
City Attorney Jenkins reported that the Cal Compact lawsuit had been settled and that the
Mayor had signed the decent decree.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:31
p.m. to an adjourned regular meeting of the City Council to be held on Monday, July 28, 2003,
beginning at 7:00 p.m., for the purpose of conducting a field review at 10 Portuguese Bend
Road, Rolling Hills, California.
Approved,
Fran E. Hill
Mayor
Minutes
City Council Meeting
07/14/03
Respectfully submitted,
K�
Marilyn Kern ^^
Deputy City Clerk
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