6/27/2005MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
JUNE 27, 2005
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Pernell 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, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor
Pernell.
Councilmembers Absent: None.
Others Present: Craig Nealis, City Manager.
Mike Jenkins, City Attorney.
Nan Huang, Finance Director.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
Lt. Greg Ahn, LASD, Lomita Station.
Mike Reader, Consulting Geologist.
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 May 23, 2005 and (2)Regular Meeting of June
13, 2005.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of May, 2005.
RECOMMENDATION: Approve as presented.
d. Request from the City of Rancho Palos Verdes and the Palos Verdes Land
Conservancy for Roberti-Z'Berg funding for the Portuguese Bend Open Space
Project.
RECOMMENDATION: Approve as presented/provide direction.
e. BFI Recycling Tonnage Report for May, 2005.
RECOMMENDATION: Receive and file.
Councilmember Heinsheimer moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Hill seconded the motion. In response to Councilmember
Black, City Manager explained that the check to the City's Election Consultant, Martin and
Chapman, was for expenses incurred to conduct the March, 2005 Municipal Election. After the
explanation, the motion carried unanimously.
PLANNING COMMISSION ITEMS
A MINUTE ORDER OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING CONDITIONAL APPROVAL OF A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND A
STABLE IN ZONING CASE NO. 699 AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH)
(SU).
City Manager Nealis presented the staff report outlining the applicants' request and providing
background regarding the property, Planning Commission action relative to Zoning Case No.
699 and the necessity for the minute order in this case. Councilmember Black inquired why
the driveway was located in the easement. Mr. Criss Gunderson, applicants' representative,
explained that moving the existing driveway to another location would require more grading.
He indicated that the driveway was planned in the existing location to minimize the disturbed
area and grading quantities and to not disturb mature trees and existing landscaping on the
property. Mr. Gunderson indicated that he feels that the applicant would not object to moving
the driveway to another location of the property if the City Council desires.
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Following discussion, this item was held on the agenda to allow time for the applicant to work
with staff to relocate the driveway out of the easement.
RESOLUTION NO. 2005-18: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A STABLE AND CORRAL; GRANTING A
CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A
RECREATION ROOM; GRANTING A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR
DEVELOPMENT ON A PROPERTY THAT REQUIRES PLANNING COMMISSION
REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 703, AT 18
EASTFIELD DRIVE, (LOT 69 -A -EF), (RICH).
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. 703. After a brief discussion regarding the Variance to exceed the maximum permitted
disturbed area, Mayor Pernell called for a motion.
Councilmember Black moved that the City Council receive and file Resolution No. 2005-18.
Councilmember Heinsheimer seconded the motion, which carried unanimously.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS - Continued
CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 2005-06.
RESOLUTION NO. 983: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS ESTABLISHING THE 2005-06 FISCAL YEAR
APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS.
RESOLUTION NO. 984: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS ADOPTING THE FY 2005-06 CITY OF ROLLING HILLS
BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND,
COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND,
REFUSE COLLECTION FUND, SOLID WASTE CHARGES, COPS FUND,
TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C,
AND UNDERGROUND UTILITY FUND FOR FISCAL YEAR 2005-06.
RESOLUTION NO. 985: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 2005-06 MERIT PAY
PLAN.
City Manager Nealis indicated that the draft budget is presented this evening in the continued
public hearing for consideration of formal adoption and that the resolutions pertaining to the
appropriation limit, budget adoption and this year's merit pay plan are attached to the staff
report for consideration.
Mayor Pernell called for testimony. In response to Councilmember Black, City Manager
Nealis explained that to date no residents have proposed forming an underground utility
district in their neighborhood.
Hearing no public comments and no further discussion, Mayor Pernell closed the public
hearing and called for a motion.
Councilmember Heinsheimer moved that the City Council adopt Resolutions No. 983, 984 and
985. Councilmember Black seconded the motion, which carried unanimously.
Councilmembers thanked the Budget/Finance Subcommittee Members and staff for
preparation of the FY 2005-06 Budget.
OLD BUSINESS
FINAL GEOLOGICAL AND GEOTECHNICAL REPORT RELATING TO LAND
MOVEMENT ON POPPY TRAIL ROAD PREPARED BY GROUP DELTA
CONSULTANTS.
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City Manager Nealis provided background regarding the City's agreement with Group Delta
Consultants to prepare a Geological and Geotechnical Report and introduced Mike Reader of
Group Delta Consultants.
Mr. Reader presented an overview of the Final Geological and Geotechnical Report. Mr.
Reader provided background regarding the slide that occurred on March 6, 2005 and the scope
of services that he was contracted to complete which included interim protective measures and
to evaluate a temporary access road. He presented technical information and findings
regarding the field exploration, mapping, laboratory testing and engineering analysis that was
completed on the slide as outlined in his report dated June 16, 2005. Mr. Reader indicated on
the plan the area of land movement and projected boundaries of the larger land feature that is
believed to be a component of the slide in the area. He also pointed out another smaller slide
feature adjacent to the land area that failed in March.
In response to Mr. Robert Jonas, 3 Poppy Trail Road, Mr. Reader explained that the cause of
the slide has not been determined and he was not hired to make this determination. In
response to Dr. Carmen Schaye, 58 Portuguese Bend Road, Mr. Reader explained the
properties that are involved in the slide.
In response to Councilmember Black, Mr. Reader explained that typically a slide releases water
just prior to a land movement occurrence. In response to Mayor Pro Tem Lay, Mr. Reader
explained the proposals that had been outlined for a temporary access for Poppy Trail
residents. He pointed out the current proposal that the City Council had reviewed on May 23,
2005. Mr. Jonas commented on a new plan that Bolton Engineering had prepared for the
Community Association. Mr. Reader indicated that he had reviewed the plan but further
work review needs to be completed on that plan.
Hearing no further discussion, Mayor Pernell called for a motion.
Mayor Pro Tem Lay moved that the City Council receive and file the report. Councilmember
Hill seconded the motion, which carried unanimously.
Councilmembers thanked those in attendance for the input regarding this subject.
RESOLUTION NO. 986: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS
FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002. (REQUIRED STATE RESOLUTION TO MEMORIALIZE
PREVIOUS CITY COUNCIL ACTION TO PLEDGE FUNDS AS DESCRIBED IN
RESOLUTION NO. 987)
RESOLUTION NO. 987: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS PLEDGING ITS PER CAPITA FUNDS TO THE CITY OF RANCHO
PALOS VERDES TO PRESERVE OPEN SPACE IN THE PORTUGUESE BEND AREA.
City Manager Nealis presented the staff report indicating that Resolution No. 986 and
Resolution No. 987 memorialize the previous action by the City Council to pledge these grant
funds to the City of Rancho Palos Verdes for the Palos Verdes Peninsula Land Conservancy
Open Space Project in the Portuguese Bend Area. Hearing no discussion, Mayor Pernell called
for a motion.
Councilmember Heinsheimer moved that the City Council adopt Resolution No. 986 and
Resolution No. 987. Mayor Pro Tem Lay seconded the motion, which carried unanimously.
NEW BUSINESS
CONSIDERATION OF A FINAL MAP FOR A PREVIOUSLY APPROVED TENTATIVE
PARCEL MAP NO. 26356, SUBDIVISION NO. 89, ZONING CASE NO. 615, LOCATED
NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE IS ONE
RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE, (LOTS 169 -A -MS AND 169-
B -MS).
CONSIDERATION OF RESOLUTION NO. 988: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A FINAL
PARCEL MAP NO. 26356 SUBDIVISION NO. 89, A SUBDIVISION OF EXISTING TWO
LOTS TOTALING 67.64 ACRES INTO FOUR SINGLE FAMILY RESIDENTIAL LOTS
LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE
THERE IS ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING
CASE NO. 615.
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Councilmember Heinsheimer indicated that he will abstain from consideration of his item due
to the proximity of his residence to the subject property and left the Chambers. City Manager
Nealis presented the staff report providing background regarding the Final Map for
Subdivision No. 89 and indicated that all conditions are in order for this Final Map and that the
County of Los Angeles has recommended approval of the Subdivision. He reported that the
Community Association has also approved the Subdivision. In response to Mayor Pernell,
City Manager Nealis indicated that the Tentative Map for this Subdivision was first submitted
to the City Council in November, 2000. Hearing no discussion, Mayor Pernell called for a
motion.
Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 988. Councilmember
Hill seconded the motion.
Mr. Richard Colyear, 35 Crest Road West, commented on view preservation and reported that
he had contacted the applicant regarding limiting tree heights prior to the Subdivision of the
property. Mr. Colyear urged the City Council to place a condition on this Subdivision limiting
the tree heights on the properties before it becomes a problem.
In response to Mayor Pernell, City Attorney Jenkins explained that under California Law
approval of a Final Map is a ministerial act of the City Council and that the City Council is
obligated to approve the Final Map if all of the conditions of approval in the Tentative Map
have been satisfied. He explained that the City would have opportunities in the future to
consider development on each lot at which time conditions could be considered regarding the
height of trees that may be planned in conjunction with each development. City Attorney
Jenkins explained the parameters of the City's review of a Subdivision. He said the
Subdivision Ordinance does not deal with aesthetic or view issues, but serves as the process to
divide land into individual lots.
Mayor Pro Tem Lay indicated that the Planning Commission is very sensitive to preventing
future view obstructions caused by new landscaping or roof heights that may occur when
reviewing site plan review applications.
Councilmember Black stated that he feels that it would be better to deal with view issues at
this juncture rather than wait until there is a problem. He commented on the guideline that
trees not exceed the height of a roofline. Councilmember Black indicated that enforcement of
this height limit would eliminate view problems in the future.
After discussion, the motion carried and Resolution No. 988 was adopted unanimously with
Councilmember Heinsheimer abstaining due to the proximity of his property to the subject
property.
Councilmember Heinsheimer returned to the Council Chambers.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
REPORT FROM THE CITY COUNCIL PERSONNEL SUBCOMMITTEE RELATIVE TO A
RECOMMENDATION TO FILL THE UNEXPIRED TERM ON THE PLANNING
COMMISSION.
Mayor Pro Tem Lay reported that the Personnel Subcommittee had met and interviewed the
four candidates and indicated that it was a very difficult decision due to the qualifications of all
candidates. He reported that the Subcommittee recommends Dr. Richard Henke to fill the
unexpired term on the Planning Commission. He commented on Dr. Henke's experience m
the Community and his service on the City's Traffic Commission and the Rolling Hills
Community Association Board of Directors.
Mayor Pro Tem Lay moved that the City Council appoint Dr. Richard Henke to fill the
unexpired term on the Planning Commission. Councilmember Heinsheimer seconded the
motion.
Councilmember Black asked if the Subcommittee had questioned the applicants on their
opinions on view impairment and the previously proposed walking path on Crest Road. In
response to Councilmember Black, Mayor Pro Tem Lay explained that the walking path on
Crest Road had not been discussed because it was a Community Association matter and that
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the interviews centered on the applicants' views on carrying out the City's General Plan. He
indicated that view issues were discussed briefly and that all candidates had similar thoughts
on view issues.
After discussion, the motion carried unanimously.
Mayor Pro Tem Lay thanked all of the applicants and encouraged them to stay involved in the
community and to apply for future openings on City Commissions and Committees.
MATTERS FROM STAFF
None.
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.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:16
p.m. to. the regular meeting of the City Council scheduled to be held on Monday, July 11, 2005,
beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
•
Approved,
Godfrey Per B/
Mayor
Minutes
City Council Meeting
06/27/05
Respectfully submitted,
Marilyn Kern
Deputy City Clerk
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