9/22/2003MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
SEPTEMBER 22, 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 and Mayor Hill.
Councilmembers Absent: Mayor Pro Tem Heinsheimer (excused).
Others Present: Craig Nealis, City Manager.
Mike Jenkins, City Attorney.
Nan Huang, Finance Director.
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 September 8, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of August, 2003.
RECOMMENDATION: Approve as presented.
d. Southern California Gas Company Notice of Proposed Changes to Gas Rates,
Biennial Cost Allocation Proceeding (BCAP), Application No. 03-09-008.
RECOMMENDATION: Receive and file.
e. BFI Recycling Tonnage Report for August, 2003.
RECOMMENDATION: Receive and file.
In response to Councilmember Black, City Manager Nealis explained that the payment to the
Sheriff's Department was for the City's monthly regional percentage. He also explained that
the payment to Jenkins and Hogin was for standard City Attorney and the Assistant City
Attorney services. Hearing no further discussion, Mayor Hill called for a motion.
Councilmember Pernell moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Lay seconded the motion, which carried, unanimously by
those Councilmembers in attendance.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2003-16. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO
ENCROACH INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED BLOCK WALL AT AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 6 PACKSADDLE ROAD EAST (LOT 31 -SF), IN ZONING CASE NO. 671.
(MURRELL)
City Manager Nealis presented the staff report providing background regarding the property
and Planning Commission action relative to Zoning Case No. 671. Hearing no discussion,
Mayor Hill called for a motion.
Councilmember Pernell moved that the City Council receive and file Resolution No. 2003-16.
Councilmember Lay seconded the motion, which carried unanimously by those
Councilmembers in attendance.
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RESOLUTION NO. 2003-17. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR
CONSTRUCTION OF AN ADDITION AND VARIANCES TO EXCEED THE
MAXIMUM PERMITTED TOTAL LOT COVERAGE AND TO EXCEED THE MAXIMUM
PERMITTED STRUCTURAL LOT COVERAGE AT AN EXISTING SINGLE FAMILY
RESIDENCE LOCATED AT 15 EASTFIELD DRIVE (LOT 52 -EF), IN ZONING CASE NO.
664. (GORDON)
City Manager Nealis presented the staff report providing background regarding the property
and Planning Commission action relative to Zoning Case No. 664.
In response to Councilmember Lay, City Manager Nealis explained that the existing and
proposed development exceed the maximum permitted total and structural lot coverages and
that the Planning Commission determined that the property could accommodate the
improvements after viewing the property, based on existing conditions of the lot and that the
applicant had reduced the proposed improvements during Commission review.
Councilmember Lay moved that the City Council receive and file Resolution No. 2003-17 and
Councilmember Black seconded the motion. Discussion ensued regarding the proposed
development and Councilmember Pernell expressed concern that the proposed development
exceeds the maximum permitted total and structural lot coverage. No action was taken by the
City Council on the motion to receive and file this resolution.
Councilmember Black asked to be excused from the meeting due to an emergency and
expressed that the City Council may wish to continue item 8-A regarding Planning
Commission duties relative to view impairment. He queried which Commissioners indicated
that they would be willing to serve in this capacity and City Manager Nealis responded that
Commissioners DeRoy, Sommer and Witte had expressed a willingness to serve. City
Manager Nealis stated that if the City Council were to direct staff to move forward with this
concept that an ordinance would have to be presented to the Planning Commission.
Councilmember Black indicated that he did not have a problem with the City Council acting
on this item this evening. Regarding Zoning Case No. 664, Councilmember Black stated he
had reviewed the proposal and that he feels that the applicant is not asking for a large home
even with the addition.
Councilmember Black was excused from the meeting at 7:42 p.m.
Councilmembers further discussed the proposed development and Councilmember Pernell
reiterated his concerns related to this proposed development and moved that the City Council
take jurisdiction of Zoning Case No. 664. Councilmember Lay seconded the motion which,
carried unanimously by those Councilmembers in attendance. City Manager Nealis reported
that this item will be set for a public hearing before the City Council on October 13, 2003.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF A REPORT REGARDING PLANNING COMMISSION DUTIES
RELATIVE TO VIEW IMPAIRMENT.
Councilmembers discussed whether to consider this item this evening or wait until all
Councilmembers were in attendance. City Attorney Jenkins stated that the next step in this
process would be for staff to prepare an ordinance amending the Zoning Code and that this
draft ordinance would be reviewed by the Planning Commission and ultimately by the City
Council. He indicated that if the City Council took action this evening it would be to direct
staff to prepare the ordinance. In response to Councilmember Lay, City Manager Nealis
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explained that staff was directed by the City Council to query the Planning Commission to
determine if they wished assume View Impairment Committee functions. He reported that
this idea was discussed at the 9/16 Commission meeting and that two members expressed
that they did not wish to act in this capacity, but that three Commissioners expressed a desire
and willingness to serve. The City Council discussed the composition of the View
Preservation Committee as proposed.
Mr. Bertram Balch, 6 Hackamore Road, requested that he be permitted to prepare written
comments and submit them to the City Council before the City Council acts on this subject.
Councilmember Pernell suggested that Mr. Balch present his views this evening.
Mr. Balch stated that he is a member of the RHCA View Committee and he explained how the
RHCA handles view preservation matters. He expressed concern about the City's process and
the costs involved. Mr. Balch indicated that he feels that these matters should be handled
quietly and mediated by a committee of residents who would hopefully settle the matter
before a formal process is necessary. City Manager Nealis explained the Municipal Code
Section relative to View Impairment and City Attorney Jenkins explained that the City must
act according to the Brown Act which mandates that all View Impairment Committee
meetings must be noticed public hearings and open meetings. He further explained the City's
mediation process and explained that an independent mediator would meet with the parties in
hopes of coming to an agreement before the formal meeting process is initiated. Mr. Balch
expressed concerns that the Planning Commission might not be the best choice to consider
view cases.
Discussion ensued regarding the City's View Impairment process and the mediation process
as well as the requirements that the City must adhere to relating to open public meetings.
Councilmember Lay indicated that when the original view impairment ordinance was
adopted, it was done with the hopes that the mediator would be able to settle differences
between the parties before the formal public hearing process.
Mr. Balch commented on the view impairment process in the City of Rancho Palos Verdes and
indicated that the Planning Commission in that City now handles view cases as well staff. In
response to Mr. Balch, City Manager Nealis explained that the View Impairment Committee is
a decision making body and not a recommending body and that any decision made by the
View Preservation Committee could be appealed to the City Council. City Manager Nealis
explained that since 1990 only two view impairment cases had been heard by the City and
reported that in one case the parties came to an agreement immediately prior to the adoption
of a resolution by the Committee because the party owning the trees was concerned that the
resolution would be recorded against the property. He explained that in the other case a
formal resolution was adopted.
Mayor Hill'thanked Mr. Balch for his comments and called for a motion.
Councilmember Lay moved that staff be directed to prepare an ordinance amending the
Municipal Code to provide for three members of the Planning Commission to provide view
impairment committee functions. Councilmember Pernell seconded the motion, which carried
unanimously by those Councilmembers in attendance.
CONSIDERATION OF ADOPTION OF A MEDIATION SERVICES AGREEMENT.
City Manager Nealis presented the staff report and the proposed agreement for mediation
services with the South Bay Center for Dispute Resolution. He explained that this agreement
was presented due the City receiving a view impairment case. City Attorney Jenkins
commented on Mr. Lance Widman's qualifications and experience.
Mr. Lance Widman provided information regarding this background. In response to
questions from the City Council, he presented his past experiences in mediation and explained
how he would approach the matter with the opposing parties.
Hearing no further discussion, Mayor Hill called for a motion.
Councilmember Pernell moved that the City Council adopt a mediation services agreement
with the South Bay Center for Dispute Resolution. Councilmember Lay seconded the motion,
which carried unanimously by those Councilmembers in attendance.
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OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Hill announced that he would be directing that the letter to the Palos Verdes Peninsula
Unified School District as amended by Mayor Pro Tem Heinsheimer, be sent by staff
accompanied with a copy of the Daily Breeze article. He requested that the City Manager
convey to the District that this letter is forthcoming and to ask the District to provide
appropriate information.
Mayor Hill also presented a request from Palos Verdes Peninsula High School for the City to
place an ad in their yearbook. After discussion, staff was directed to coordinate placement of
the ad.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
At 8:45, the City Council conducted 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)
Silver Sage Partners, Ltd. v. City of Desert Hot Springs and PERMA as Garnishee.
At 9:00 p.m. the City Attorney announced that no reportable action was taken in closed
session.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:05
p.m. to the next regular meeting of the City Council to be held on Monday, October 13, 2003,
beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
Approve n
Frank E. Hill
Mayor
Minutes
City Council Meeting
09/22/03
Respectfully submitted,
K ��
Marilyn Ker
Deputy City Clerk
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