10/27/2003 MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
OCTOBER 27, 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: Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
Councilmembers Absent: Black (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 - (1) Regular Meeting of October 13, 2003, (2) Adjourned Regular
Meeting of October 21, 2003.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of September, 2003.
RECOMMENDATION: Approve as presented.
d. BFI Recycling Tonnage Report for September, 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
by those Councilmembers in attendance.
PLANNING COMMISSION ITEMS
RESOLUTTON NO. 2003-18. A RESOLUTION OF TI� PLANNIlVG CONIMISSION OF
THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A STTE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A CABANA, POOL/SPA AND SPORTS
COURT, AND DENYING A CONDTTIONAL USE PERNIIT REQUEST FOR THE
CABANA AND SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN
ZOI�TING CASE NO. 667 AT 7 QUAIL RIDGE ROAD SOUTH. (LOT 7A-RH)
(SHOEMAKER). �
Mayor Hill reported that he will abstain from consideration of Planning Commission
Resolution No. 2003-18 due to the proximity of his residence to the subject property and
turned the gavel over to Mayor Pro Tem Heinsheimer and excused himself from the
Chambers.
City Manager Nealis presented the staff report outlining the applicants' request and
background regarding the property and Planning Commission action relative to Zoning Case
No. 667.
Hearing no discussion, Mayor Pro Tem Heinsheimer called for a motion.
Councilmember Lay moved that the City Council receive and file Resolution No. 2003-18.
Councilmember Pernell seconded the motion, which carried unanimously by those
Councilmembers in attendance.
Mayor Hill returned to the Chambers.
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City Council Meeting
10/27/03 -1-
RESOLUTION NO� 2003-19. A RESOLUTTON OF TI� PLANNIl�TG COMMISSION OF
TI-� CITY OF ROLLING HILLS GRANTIl�iG APPROVAL OF A STTE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
AND A STABLE ON A VACANT PARCEL OF LAND IN ZONING CASE NO. 669 AT 3
APPALOOSA LANE. (LOT 246-MS) (FOZOONMEHR).
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. 669.
In response to Councilmember Lay, City Manager Nealis explained that the applicants have
indicated that they intend to leave the trails that are on the property and that a Caballeros
representative participated in the public hearing relative to this project. Planning Director
Schwartz indicated that Condition AD of the resolution addresses this issue.
In response to Councilmember Pernell, Planning Director Schwartz explained that part of the
lot is quite steep however, it could possibly be subdivided at some point in the future but that
much grading would be needed to develop it which may create other issues in the Subdivision
process.
Mayor Pro Tem Heinsheimer commented on Condition AD relating to the trail and suggested
that the language be amended to ensure that the trail could not be modified or altered without
the approval of the RHCA and Caballeros. City Attorney Jenkins indicated that this language
could be amended to reflect the Planning Commission intent in this regard. Planning Director
Schwartz reported that the Commission's intent was to ensure that the trail could not be
modified or altered without the approval of the RHCA and Caballeros.
Hearing no further discussion, Mayor Hill called for a motion.
Councilmember Lay moved that the City Council receive and file Resolution No. 2003-19 and
that staff modify the language in Condition No. AD to clarify the Planning Commission's
intent that the trail not be modified or altered without the approval of the RHCA and
Caballeros. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously
by those Councilmembers in attendance.
RESOLUTTON NO. 2003-20. A RESOLUTION OF Tf-� PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRAN'TIl�G APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
AND GUEST HOUSE AND GRANTING A CONDITTONAL USE PERMIT FOR THE
CONSTRUCTION OF A GUEST HOUSE ON A VACANT PARCEL OF LAND IN
ZOI�IING CASE NO. 670 AT 18 CREST ROAD EAST. (LOT 193-1-MS) (SLUSHER).
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. 670.
In response to Councilmember Lay, City Manager Nealis reported that the location of the
future stable and corral area shown on the plan would not require grading and that there is
immediate access to this area from the adjacent trail. In response to Mayor Hill, City Manager
Nealis explained that the applicant and the neighboring property owner are corresponding
regarding the neighboring property owner's objection to location of the future stable. He
indicated that the Planning Commission did not object to the location of the future stable.
Hearing no further discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No.
2003-20. Councilmember Lay seconded the motion, which carried unanimously by those
Councilmembers in attendance.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARING - Continued
CONSIDERATION OF A REQUEST FOR A STTE PLAN REV�W FOR CONSTRUCTION
OF AN ADDTITON AND REQUEST FOR VARIANCES TO EXCEED TI� MAXIMUM
PERMITTED STRUCTURAL LOT COVERAGE AND TO EXCEED TI� MA)QM[JM
PERNIITTED TOTAL LOT COVERAGE AT AN EXISTING SINGLE FANIILY
RESIDENCE AT 15 EASTFIELD DRIVE IN ZOI�TING CASE NO. 664. (LOT 52-EF)
(GORDON).
Minutes
City Council Meeting
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City Manager Nealis presented the staff report outlining the applicants' request, providing
background regarding the property and indicating that the City Council conducted a field
review of the property on October 21, 2003. Councilmember Lay reported that he visited the
property on October 22, 2003 with the Planning Director.
Mayor Hill opened the continued public hearing and called for testimony.
Mr. Tom Blair, applicants' representative, indicated that he would answer any questions that
the Council may have as a result of their field trip. Mr. Errol Gordon, applicant, commented
on the letter from the neighboring property owner expressing concern about environmental
issues relating to his property. He explained that his wife had researched this matter with the
County Health Department and that they had no record of this complaint. He indicated that
the Health Inspector informed his wife that the letter did not necessarily mean that there was a
violation but that a complaint had been received. Mr. Gordon explained that the City had
investigated a complaint of pool water allegedly seeping onto the trail in the vicinity of his
property and that testing done on this water had determined that it was not a problem.
City Manager Nealis explained that staff had researched the attachment to the letter written
by the neighboring property owner and that the Health Department had indicated that the
attachment simply meant that a complaint had been received and that the Department had
responded. He said that since there was no follow-up to this correspondence that it meant
that there was not an ongoing reported problem or it was resolved or it was found to be a
non-issue.
Mr. Gordon commented on the horse shelter on his property that is required to be removed.
He indicated that his structure was constructed 15 years ago and that they did not know that
this structure was a violation. He commented on the equestrian use of his property. In
response to Mayor Hill, Mr. Gordon indicated that he would prefer to keep this structure and
requested that the City Council strike this condition.
Hearing no further discussion, Mayor Hill closed the public hearing and called for a motion
Mayor Pro Tem Heinsheimer moved that the City Council direct staff to prepare a resolution
approving a request for Site Plan Review for construction of an addition and request for
Variances to exceed the maximum permitted structural lot coverage and to exceed the
maximum permitted total lot coverage in Zoning Case No. 664 as submitted. Discussion
ensued regarding the request by the applicants to keep the horse shelter. Councilmember
Pernell commented on the conditions imposed by the Planning Commission and seconded the
motion, which included the required removal of the shelter.
Councilmember Lay commented on the development of this property and indicated that he
feels that approval of this case should not constitute a precedent and be applied to other
properties in the City.
The motion carried by the following roll call vote:
AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
NOES: None.
ABSENT: Councilmember Black.
ABSTAIN: None.
PUBLIC HEARING
CONSIDERATION OF AN APPEAL OF A PLANNIlVG COMNIISSION DECISION TO
DENY A REQUEST FOR A VARIANCE TO ENCROACH INTO THE NORTH SIDE
YARD SETBACK WITH A PARTIALLY CONSTRUCTED BLOCK WALL AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 671 AT 6
PACKSADDLE ROAD EAST. (LOT 31-SF) (MURRELL).
(RECOMMENDED FOR CONTINUANCE)
City Manager Nealis indicated that this public hearing had been duly noticed, however the
applicants' have requested a continuance to the November 10, 2003 City Council meeting.
Hearing no objection, Mayor Hill opened the public hearing and continued the public hearing
to the next regular meeting of the City Council on Monday, November 10, 2003 at the
applicants' request.
OLD BUSINESS
None.
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City Council Meeting
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NEW BUSINESS
CONSIDERATION OF AWARD OF BID FOR TRIMMING OF TREES ON THE WEST
AND SOUTH SIDES OF TENNIS COURT NUMBER ONE AND WEST SIDE OF TENI�iIS
COURT NUMBER THREE AND TREES ON TI�CITY HALL CAMPUS AREA.
City Manager Nealis presented the staff report providing information about the bi-annual
trimming the of trees at the tennis courts, the bidding process and the low bidder for this
project. Hearing no discussion,Mayor Hill called for a motion.
Councilmember Lay moved that the City Council authorize staff to execute all documents and
proceed with this trimming and award this project to the low bidder, Travers Tree Service, in
an amount not to exceed $4,515,00. Mayor Pro Tem Heinsheimer seconded the motion, which
carried unanimously by those Councilmembers in attendance.
CONSIDERATION OF AWARD OF BID FOR CONSULTING SERVICES FOR 'TI�
IlVIl'LEMENTATION OF TI� REQUIlZEMENTS 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 information about the consulting
services for the implementation of the requirements of the National Pollutant Discharge
Elimination System and Total Maximum Daily Load regulations, the bidding process and the
recommended bidder for this project.
Councilmembers discussed the proposed consulting service. In response to Councilmember
Heinsheimer, City Manager Nealis explained that a good amount of the requirements and
regulations are currently being addressed on a regional basis in an effort to reduce costs.
Additionally, he indicated that the recommended consultant works with the City of Rolling
Hills Estates and that meeting attendance costs will be reduced as a result.
Mayor Pro Tem Heinsheimer moved that the City Council award the consulting services to
implement NPDES and TMDL requirements to Kathleen McGowan, P.E. Environmental
Consulting, in an amount not to exceed $15,372 in Year 1, $13,860 in Year 2 and $13,524 in Year
3; for a total of $42,756 for three years, and authorized the City Manager to sign the
Professional Services Agreement and execute all appropriate documentation. Councilmember
Pernell seconded the motion.
In response to Councilmember Pernell, Ms. McGowan commented on her qualifications and
indicated that she would coordinate her efforts to minimize the financial impact on the city.
The motion carried by the following roll call vote:
AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
NOES: None.
ABSENT: Councilmember Black.
ABSTAIN: None.
OPEN AGENDA-APPROXIMATELY 8:U0 P.M. - PUBLIC COMMENT WELCOME
Mr. Philip Lieb, 1 Acacia Lane, introduced himself and his wife, Carrie, and indicated that they
are the neighbors adjacent to the west side of the tennis courts. He indicated that they support
the trimming of the trees at the tennis courts and indicated that they would like for the
trimmers to be cognizant of the screening of lights and noise that the vegetation provides for
their property. He also indicated that they would like advanced notification prior to the
trimming.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
REPORT FROM CITY COUNCIL AD HOC LEASE NEGOTIATION SUBCOMNIITTEE.
City Council Ad Hoc Lease Negotiation Subcommittee Member Councilmember Allen Lay
reported that the Ad Hoc Subcommittee reviewed a rent value study and as a result, has
recommended that the City Council adopt a revised lease agreement between the City and
the Community Association with a rent of $5,079 per month. He indicated that RHCA Board
of Director pon Crocker had accepted this recommendation and indicated that it would have
to be approved by the Association.
After a brief discussion regarding the term of the lease, staff was directed to place an amended
10-year lease on the next agenda for consideration by the City Council.
Minutes
City Council Meeting
10/27/03 -4-
Councilmember Pernell commented on recent wildfires and a past fire in Rolling Hills. He
indicated that he feels that this would be a good time to remind residents of fire safety
measures that may be taken on their properties. After brief discussion regarding fuel loads in
the city, building regulations relating to roof cover requirements and the County Fire
Department weed clearance standards, staff was directed to include an item on the next City
Council agenda relating to a discussion on fire safety.
MATTERS FROM STAFF
None. ,
MATTERS FROM THE CITY ATTORNEY
At 8:27 p.m.,Mayor Hill called for 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.
At 8:30 p.m., the City Attorney announced that no reportable action was taken in closed
session.
ADjOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:31
p.m. to the next regular meeting of the City Council to be held on Monday, November 10,
2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
Respectfully submitted,
n ���
, .
Marilyn Kern
Deputy City Clerk
Approved,
�
. � •
Frank E. Hill
Mayor
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