8/25/2003MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
AUGUST 25, 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.
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.
Nan Huang, Finance 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 August 11, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of July, 2003.
RECOMMENDATION: Approve as presented.
d. Consideration of a date for the Annual Holiday Open House.
RECOMMENDATION: Approve as presented.
e. BFI Recycling Tonnage Report for July, 2003.
RECOMMENDATION: Receive and file.
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. 2003-15. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO
THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY CONSTRUCTED
REFLECTION POND AND TO ENCROACH INTO THE FRONT YARD SETBACK
WITH PREVIOUSLY CONSTRUCTED TRELLIS AND BLOCK WALLS AT AN
EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST
(LOT 31 -SF), IN ZONING CASE NO. 666. (MURRELL).
City Manager Nealis presented the staff report outlining the applicants' request and providing
background regarding the property and Planning Commission action relative to Zoning Case
No. 666. Hearing no discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No.
2003-15. Councilmember Pernell seconded the motion which carried unanimously.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
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City Council Meeting
08/25/03 -1-
OLD BUSINESS
CONSIDERATION OF REVISED DRAFT CORRESPONDENCE RELATIVE TO CITY
COUNCIL AND COMMUNITY ASSOCIATION BOARD OF DIRECTORS JOINT
MEETING.
City Manager Nealis presented the staff report providing background regarding the proposed
letter. Councilmember Black suggested a minor amendment to the letter under the View
Impairment Section and moved that the City Council approve the draft correspondence and
that staff be directed to proceed after the litigation expenses to date by the City and the RHCA
had been added to the letter. Mayor Pro Tem Heinsheimer seconded the motion which
carried unanimously.
NEW BUSINESS
CONSIDERATION OF DISPOSITION OF CITY OF ROLLING HILLS SURFACE
TRANSPORTATION PROGRAM LOCAL (STP -L) FUNDS.
City Manager Nealis presented the staff report providing background regarding these funds
and he presented the roadway improvement projects submitted for consideration of funding
by Rancho Palos Verdes and Rolling Hills Estates. In response to Councilmember Black, City
Manager Nealis indicated that the projects submitted by each city were the same projects that
received Proposition C funding from the City Council.
Mr. Greg Grammer, Administrative Analyst, Rolling Hills Estates, explained the plans for
Phase 2 renovation of Crenshaw Blvd. between PV Drive North and Silver Spur Road. He
indicated that Rolling Hills Estates is requesting an allocation of $6,234, however, indicated that
they could accept up to $10,000 for this project. In response to Councilmember Black, Mr.
Grammer explained that Rolling Hills Estates used the previous allocation of Proposition C
Funds from Rolling Hills to assist in paying for this project. He explained that other funds for
this project have been provided by LA County. Councilmember Black indicated that Rolling
Hills is contributing almost the entire city portion of funds for this project.
Mr. Glen Kau, Senior Civil Engineer, Rancho Palos Verdes, explained plans for the
rehabilitation of Crest Road from Hawthorne Blvd. to Highridge Road and the costs
associated with the project. He indicated that Rancho Palos Verdes is willing to adjust the
funds requested if Rolling Hills desired to increase an allocation to Rolling Hills Estates. In
response to Councilmember Black, Mr. Kau indicated that Rancho Palos Verdes had
contributed some Proposition C Funds for this project.
In response to Mayor Hill, City Manager Nealis explained how the division of these allocations
have been handled by the City Council in the past.
Discussion ensued regarding allocation of the funds. City Manager Nealis explained that
$6,234 of these funds would lapse on October 1, 2003. Councilmembers discussed various
levels of funding for these projects. Mayor Pro Tem Heinsheimer suggested that the City
Council allocate $10,000 to Rolling Hills Estates and the balance to Rancho Palos Verdes.
Councilmember Lay commented on the minimal level of funding by the City of Rolling Hills
Estates for their project and suggested that the City provide all of the funds to Rancho Palos
Verdes for the Crest Road project. Councilmember Black expressed concern that Rolling Hills
Estates had not expended their own funds for the project and expressed that he would be in
favor of providing the entire fund balance to Rancho Palos Verdes. In response to
Councilmember Pernell, Mr. Grammer explained that the Crenshaw Blvd. project would
move forward with or without an allocation from Rolling Hills. Hearing no further discussion,
Mayor Hill called for a motion.
Councilmember Pernell moved that the City Council allocate 2/3 rd of the total STP -L Fund
balance to the City of Rancho Palos Verdes and 1/3 rd to Rolling Hills Estates. Councilmember
Lay seconded the motion which carried unanimously.
CONSIDERATION OF VIEW PRESERVATION COMMITTEE MEMBERSHIP.
City Manager Nealis presented the staff report providing information regarding Section
17.26.020 of the Rolling Hills Municipal Code, which sets forth the provisions for a Committee
on Trees and Views. He indicated that the last time the Committee met was in 1998 due to
lack of cases and explained that a new case had been submitted and that he and the City
Attorney are in the process of securing a mediator to implement the first step in the view
impairment process. He explained that he had queried the three members of the Committee
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to determine if they wished to continue to serve and reported that one member is unable to
serve due to health reasons, one member declined because he serves as a member of the
RHCA Board of Directors and that one member indicated a willingness to serve.
Mayor Pro Tem Heinsheimer suggested in the interest of efficiency and expertise that the
Planning Commission assume the duties of the View Preservation Committee.
Councilmember Lay commented that the Municipal Code would need to be amended to
accomplish this change. Mayor Pro Tem Heinsheimer suggested that staff query the
Commission to determine if they would desire to accept this duty, and if the Commission as a
whole or a subcommittee should act as the View Preservation Committee.
After discussion, the City Council directed staff to query the Commission to determine if they
would be willing to assume the duties of the View Preservation Committee.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Mr. John Nunn, 1 Crest Road West, commented on the agenda item relative to View
Preservation Committee Membership and asked who filed the complaint with the City. City
Manager Nealis reported that the Tyndalls of Eastfield Drive filed a case involving two other
properties.
Mr. Richard Colyear, 35 Crest Road West, commented on the posting of the agenda on the
City's website and the necessity for a public hearing to consider an ordinance relating to the
View Preservation Committee. City Manager Nealis explained that the posting the City's
agenda on the website and the printing of the agenda on the back of the newsletter are not
legal notifications, but are in addition to the legal posting requirements adhered to by the City.
Deputy City Clerk Kern indicated that she had e-mailed the agenda to PV on the Net last
Thursday and that when she noticed that it was not posted on Monday, it was e-mailed again.
Mayor Pro Tem Heinsheimer commented on computer viruses that had occurred over the
weekend. In response to Mr. Colyear regarding the necessity for a public hearing to consider
an ordinance, City Attorney Jenkins explained that an ordinance would have to be adopted
which would require at least two readings before the City Council. City Attorney Jenkins
explained that if the City Council wished to appoint new members of the View Preservation
Committee that a vacancy would need to be advertised pursuant to State Law.
Mr. Colyear asked for an explanation of the litigation included on the Agenda under the
Closed Session entitled Silver Sage Partners, Ltd. v. City of Desert Hot Springs and PERMA as
Garnishee and commented on the allocation of the STP -L Funds to neighboring cities. City
Attorney Mike Jenkins provided an explanation of the case. He explained the City's
membership in a joint powers insurance authority and how the costs of litigation are divided
amongst the members. City Manager Nealis explained recent City Council allocations of
funds for public roadway improvements to neighboring cities. In response to Mr. Colyear,
Mayor Hill explained that the traffic signal at PV Drive North and Portuguese Bend Road is in
Rolling Hills Estates and that they have studied this intersection and determined that a left turn
arrow at that location would increase traffic congestion on PV Drive North.
In response to Mr. Nunn, City Attorney Jenkins presented an explanation of the City's
insurance provided through a joint powers authority.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Black expressed concern about a recent article in the Daily Breeze regarding
test results at Dapplegray Elementary and Miraleste Intermediate Schools on Standardized
Statewide Tests and suggested that representatives of the School District be requested to
attend a City Council meeting and provide information on how the District proposes to
improve future test scores at these schools that are attended by children of Rolling Hills
residents. Mayor Pro Tem Heinsheimer suggested that a letter be sent to the District
expressing concern about the test scores since the School District is an independent public
entity. Councilmember Lay indicated that he feels that it would be appropriate for the parents
of children attending these schools to address this concern with the School Board. He
expressed concern that the City Council intervene in such matters. Councilmember Pernell
indicated that he feels that a letter could be sent to the District expressing concern and
indicating that it was suggested to the parents that they contact the District. Councilmember
Black indicated that he feels that it would be more effective if the City Council contacted the
District about this matter. Councilmembers discussed the suggested letter and Mayor Hill
indicated that he feels that staff could structure the letter inviting the District to attend a City
Council meeting if they desired to do so.
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After discussion, staff was directed to prepare a letter to the District inviting them to provide
information about this subject and provide an opportunity for District representatives to
attend a future City Council meeting.
Councilmember Black commented on the City's level of Per Capita Park Resources Bond Act
Funds and requested that it not be allocated right away. Councilmember Lay suggested that
these funds could be allocated to the PV Land Conservancy or Rancho Palos Verdes for the
purchase on open space that is adjacent to the City of Rolling Hills. Councilmember Black
indicated that he had that use in mind for these funds as well. Councilmember Pernell
commented on the Peninsula Seniors plight to obtain a new facility and indicated that there
may other appropriate projects on the Peninsula. Staff was directed to research the ability to
allocate these Funds and report back to the City Council.
MATTERS FROM STAFF
City Attorney Jenkins explained that the subdivider of 17 and 18 Portuguese Bend Road had
requested amendments to the contract agreement that was approved by the City Council
several months ago. He indicated that he has requested that Section 9.G be revised to state
that in case of suit brought upon this contract, the prevailing party shall be entitled to
reasonable attorney's fees and that Section 11 be amended to reflect that the subdivider may
assign the agreement without the consent of the City so that the agreement may be assigned
to a new owner of the property if it is sold. City Attorney Jenkins indicated that he feels that
these amendments are minor and of no consequence the City. The majority of the City
Council did not object to the suggested amendments. Councilmember Black objected to the
proposed amendments.
Councilmember Black expressed concern that the property owner did not perform under the
first contract agreement. After discussion, City Attorney Jenkins reported that he will amend
the agreement on his own authority as the City Attorney on the basis that he believes that the
amendments are inconsequential to the City.
The meeting was recessed to a closed session at 8:25 p.m.
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.
Existing Litigation:
G.C. 54956.9(a)
Silver Sage Partners, Ltd. v. City of Desert Hot Springs and PERMA as Garnishee.
No reportable action was taken during closed session.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:34
p.m. to the next regular meeting of the City Council to be held on Monday, September 8, 2003,
beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
Approved,
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Frank E. Hill
Mayor
Minutes
City Council Meeting
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Respectfully submitted,, 1
Marilyn Kern
Deputy City Clerk
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