4/24/2006MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
APRIL 24, 2006
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Pennell 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.
Yolanta Schwartz, Planning 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 - (1) Adjourned Regular Meeting of March 27, 2006 and (2) Regular
Meeting of April 10, 2006.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of March, 2006.
RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the recommendations in the
Consent Calendar. Mayor Pro Tem Lay seconded the motion, which carried unanimously.
CITY COUNCIL REORGANIZATION
Mayor Pernell commented on his pleasure serving as Mayor for the past year and opened
nominations for Mayor and nominated B. Allen Lay to serve as Mayor for the upcoming year.
Councilmember Heinsheimer seconded the nomination, which carried unanimously.
Mayor Lay opened nominations for Mayor Pro Tem and nominated James Black to serve as
Mayor Pro Tem for the upcoming year. Councilmember Heinsheimer seconded the nomination,
which carried unanimously.
PRESENTATION TO MAYOR GODFREY PERNELL RECOGNIZING OUTSTANDING
SERVICE DURING 2005-2006
Mayor Lay presented a plaque and watercolor painting of the Caballeros Riding Ring at Hesse's
Gap to Councilmember Godfrey Pernell and thanked him for his year of service.
COMMENTS FROM 2005-2006 MAYOR GODFREY PERNELL
Councilmember Pernell commented on the elected officials responsibility to maintain the
health, safety, beauty and integrity of the City. He thanked the numerous volunteers in the
community that assist the City Council in this responsibility. Councilmember Pernell thanked
residents, Councilmembers, Sheriff, Fire Department Personnel, Community Association and
City staff for their cooperation and support during his year as Mayor.
COMMENTS FROM 2006-2007 MAYOR
Mayor Lay commented on the duties of Mayor and stated that it is an honor to serve as
Mayor for the upcoming year and represent the City at various functions. He complimented
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Councilmember Pernell's performance while serving as Mayor and indicated that it would be
difficult for him to follow in his footsteps. He commended the City Council, RHCA and City
staff for their efforts during the past year in managing the Poppy Trail land movement event.
RECESS FOR RECEPTION
Mayor Lay reconvened the meeting at 8:00 p.m.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2006-05. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR A STABLE AND CORRAL THAT REQUIRE GRADING AND GRANTING
VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE
NET LOT AND TO IMPORT SOIL FOR THE PROJECT AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 722, AT 9 GEORGEFF ROAD (LOT 32 -
GF), (CALFAS).
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding the property and Planning Commission action relative to Zoning Case
No. 722.
Councilmember Heinsheimer moved that the City Council receive and file Resolution No.
2006-05. Councilmember Hill seconded the motion. In response to Mayor Pro Tem Black,
City Manager Nealis explained the proposed fill area to create a pad for the stable and corral.
Discussion ensued regarding the amount of grading proposed and the import of soil. Mayor
Lay commented on the number of truckloads of soil that would be required to be imported
and queried whether there had been any consideration given to the impact of this project on
the neighbors.
Mr. Scott Calfas, applicant, stated that at this point he does not have a plan to mitigate the
impact of the project on the neighborhood. He indicated that two of his neighbors are
supportive of the project and stated that he would be happy to do whatever was necessary to
minimize the impact on his neighbors.
Councilmember Pernell suggested that the applicant work out a mitigation plan with staff.
Mayor Lay indicated that this import of soil is very unique for the City but that it is being
allowed because of the equestrian nature of the project. In response to Mayor Lay, City
Manager Nealis explained that there is a condition contained in the resolution of approval that
states that any modifications to the structural development on property must come back
before the Planning Commission. He said if the stable were to change to any other habitable
use that it would clearly be a violation.
Hearing no further discussion, Mayor Lay called for a vote on the motion. The motion carried
unanimously. The applicant was asked to work with his neighbors and staff to mitigate the
impact of the soil import in the neighborhood.
RESOLUTION NO. 2006-06. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO
ENCROACH WITH A PORTION OF AN ADDITION INTO THE FRONT SETBACK
AND A SITE PLAN REVIEW WHERE DUE TO EXISTING STRUCTURAL
DEVELOPMENT RESTRICTION THIS PROJECT REQUIRES PLANNING COMMISSION
REVIEW, AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 723,
AT 11 CHUCKWAGON ROAD (LOT 4-CRB), (DELMAN).
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding the property and Planning Commission action relative to Zoning Case
No. 723. Hearing no discussion, Mayor Lay called for a motion.
Mayor Pro Tem Black moved that the City Council receive and file Resolution No. 2006-06.
Councilmember Heinsheimer seconded the motion which carried unanimously.
RESOLUTION NO. 2006-07. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT
FOR PROPERTIES AT 5 SAGEBRUSH LANE (LOT 100-3-RH, DEVELOPED LOT) AND A
VACANT LOT NORTH THEREOF (LOT 100-4-RH) IN ZONING CASE NO. 724, (HAO).
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City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding the property and Planning Commission action relative to Zoning Case
No. 724. Hearing no discussion, Mayor Lay called for a motion.
Councilmember Heinsheimer moved that the City Council receive and file Resolution No.
2006-07. Councilmember Hill seconded the motion which carried unanimously.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION
RELATIVE TO A NEW DRIVEWAY APPROACH AT 76 EASTFIELD DRIVE (CULVER).
Councilmember Heinsheimer abstained from consideration of this request due to his
relationship with the applicant's representative and left the Chambers. City Manager Nealis
presented the staff report outlining the applicant's request and providing background
regarding the property and Traffic Commission action relative to this request. In response to
Councilmember Pernell, City Manager Nealis explained that the entry flare of the driveway is
16 feet and that the 20 feet in depth before the gate will allow a vehicle to be off of the
roadway before the gate activates. Hearing no further discussion, Mayor Lay called for a
motion.
Mayor Pro Tem Black moved that the City Council approve the recommendation from the
Traffic Commission relative to a new driveway approach at 76 Eastfield Drive.
Councilmember Pernell seconded the motion which carried unanimously by participating City
Councilmembers.
Councilmember Heinsheimer returned to the Chambers.
PUBLIC HEARINGS
ZONING CASE NO. 717 SUBDIVISION NO. 90, AND TENTATIVE PARCEL MAP NO.
27078, A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 8.45 ACRES INTO 2
PARCELS THAT WILL NOT BE LESS THAN 2 ACRES NET EACH WHERE THERE IS
ONE EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND ACCESSORY
USES AND REQUEST FOR A VARIANCE TO ALLOW PARCEL 2 TO HAVE LESS
THAN THE MINIMUM REQUIRED WIDTH. THE PROPERTY IS LOCATED AT 20
UPPER BLACKWATER CANYON ROAD (LOT 101-RH) AND IS BEING
IMPLEMENTED BY MR. AND MRS. KAZARIAN.
Mayor Pro Tem Black indicated that he would abstain from consideration of this subdivision
due to the proximity of his residence to the subject property and took a seat in the audience to
participate as a resident.
City Manager Nealis presented the staff report providing background regarding previous
City Council action relative to the proposed subdivision. He indicated that the applicant has
revised the tentative parcel map to meet the 150 -foot frontage requirement of Parcel 2 and is
no longer seeking a Variance. He pointed out the area on the plan and indicated that a fence
would need to be removed from the existing corral area on the developed lot and that the
stable could be retained without creating an encroachment. He said that the applicant will
need to receive approval from the RHCA relating to the location of the easements in
conjunction with the revised design.
Councilmembers discussed the revisions of the plan and the conditions outlined in the
Planning Commission resolution. Councilmembers commended the applicant for creating a
design that met the Code.
Mayor Lay opened the public hearing and called for testimony. Hearing none, he closed the
public hearing.
Councilmember Pernell moved that the City Council direct staff to prepare a resolution
approving the proposed subdivision. Councilmember Heinsheimer seconded the motion
which carried unanimously by participating City Councilmembers. Mayor Lay requested that
a condition be placed in the -resolution that this approval does not authorize or endorse the
demonstrated pad size or demonstrated grading quantities for this development.
Mayor Pro Tem Black returned to his seat.
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CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE
CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR
EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING
CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE
ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis presented the staff report and the revised language that had been
requested at the last meeting of the City Council. Mayor Lay opened the public hearing and
called for testimony. Hearing none, he closed the public hearing.
Councilmember Heinsheimer moved that the City Council waive further reading and
introduce Ordinance No. 299. Councilmember Hill seconded the motion.
Discussion ensued regarding the proposed ordinance. Mayor Lay indicated that he feels that
the revised language will reinforce the City's view on balanced cut and fill and that it
highlights that a Variance will only be granted under special circumstances. In response to
Counclmember Pernell, City Attorney Jenkins explained the findings that the Planning
Commission and City Council must make in order to grant a Variance.
City Attorney Jenkins further explained the technical discrepancy between the language in the
Zoning Ordinance and the Building Ordinance and indicated that if the City Council did not
wish to grant a Variance for the import of soil that they have the discretion to amend the
Municipal Code to prohibit it, but that he feels that this would tie the hands of the Council
because of the limited situations in which this would occur.
Hearing no further discussion, Mayor Lay called for a vote on the motion. The motion carried
unanimously. The public hearing was continued to the next regular meeting of the City
Council scheduled to be held on Monday, May 8, 2006 for the purpose of second reading and
adoption.
OLD BUSINESS
CONSIDERATION OF APPEAL FILED BY MR. MARK THOMAS, 1 WRANGLER
ROAD, PURSUANT TO ROLLING HILLS MUNICIPAL CODE SECTION 6.24.040,
REGARDING AN ORDER TO PERMANENTLY REMOVE A DOG FROM THE CITY.
City Manager Nealis provided a brief background regarding this subject and presented the
withdrawal of the appeal filed by Mr. Thomas. He reported that Mr. and Mrs. Thomas have
complied with the original order and that they have permanently removed their dog from
the City.
Councilmember Heinsheimer moved that the City Council accept the withdrawal of the
appealpresented by Mr. Mark Thomas. Councilmember Pernell seconded the motion which
carried unanimously. Councilmember Pernell asked that staff prepare a report for an
upcoming meeting regarding the penalties for unlicensed dogs in the City.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
OLD BUSINESS - continued
CONSIDERATION OF RESULTS OF CROSSING GUARD SURVEY AT THE
INTERSECTION OF PORTUGUESE BEND ROAD, PALOS VERDES DRIVE NORTH
AND ROLLING HILLS ROAD.
City Manager Nealis presented the staff report providing background regarding this subject
and information and statistics regarding the most recent Crossing Activity Survey conducted
by the City of Rolling Hills Estates and the crossing activity trends between the first survey
conducted in 2004 and the second survey conducted in 2006. He also provided information
regarding school enrollment at Dapplegray Elementary School. City Manager Nealis indicated
that the City Council may wish to consider requesting the City of Rolling Hills Estates to
introduce an adult crossing guard at this intersection based upon the results in the second
survey, the trends between the two surveys and the increased Rolling Hills' student
enrollment at Dapplegray Elementary School.
Mrs. Anne Carley, 2900 Palos Verdes Drive North, commented on a crossing survey
completed by members of the Women's Community Club at the intersection of Palos Verdes
Drive North, Portuguese Bend Road and Rolling Hills Road and explained the amount of
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vehicles that are entering and leaving the City during the afternoon when school children are
returning home from school and crossing the intersection. She expressed concern about the
traffic conditions at this intersection, and requested that the City Council consider doing
something about this situation. Mrs. Carley offered suggestions of "children crossing"
signage near the intersection, issuance of tickets for vehicles pulling too far out into the
intersection when turning right on to Palos Verdes Drive North or requesting a RHCA Gate
Guard assist with crossing activities.
Dr. Karen Black, 2 Appaloosa Lane, explained that she has five young school age children and
thanked staff for their assistance in obtaining the survey and keeping her informed regarding
this matter. She also thanked the Women's Community Club for their involvement. She
commented on the statistics and urged the City Council to request that the City of Rolling
Hills Estates establish crossing guard services at the intersection.
Mrs. Beth Howell, 2 Saddleback Road, representing the Women's Community Club of Rolling
Hills Beautification Committee, stated that the Beautification Committee supports the
introduction of crossing guard services at this intersection. She provided a letter from the
Committee dated April 24, 2006 expressing their support and encouraging the City Council to
request that Rolling Hills Estates establish crossing guard services at this intersection. She
commented on the Main Gate Improvement Project and explained that crossing guard
services might reduce the need for a pedestrian walking path on the West side of Portuguese
Bend Road next to the tennis courts.
Following brief discussion, Councilmember Heinsheimer moved that the Mayor and staff
approach the City of Rolling Hills Estates to request implementation of crossing guard services
at this location. Mayor Pro Tem Black seconded the motion which carried unanimously. Staff
was directed to keep the City Council and interested parties advised of the progress regarding
this matter.
NEW BUSINESS
CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS.
Mayor Lay requested that Councilmembers communicate their choices to the City Manager
who will coordinate the information.
CONSIDERATION OF ALLOCATION OF CITY OF ROLLING HILLS PROPOSITION C
LOCAL TRANSPORTATION FUNDS.
City Manager Nealis presented the staff report and requests from Rolling Hills Estates and
Rancho Palos Verdes to receive an allocation of Rolling Hills' Proposition C Local
Transportation Funds. In response to Councilmember Pernell, City Manager Nealis explained
how these funds have been allocated in past years. In response to Mayor Lay, City Manager
Nealis reported that approximately $12,000 of these funds is scheduled to lapse on July 1, 2006.
Hearing no further discussion or objection, Mayor Lay continued consideration of this item to
the May 22, 2006 City Council meeting.
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS FOR THE
UNDERGROUNDING OF UTILITIES AT TWO LOCATIONS ON CREST ROAD AND
AUTHORIZATION TO SEEK BIDS.
City Manager Nealis presented the staff report and plans and specifications for the proposed
undergrounding of utilities at two locations on Crest Road. He indicated that these two
projects may exceed the original cost estimates due to the passage of time, but that the bidding
process will ultimately determine the actual costs.
Councilmember Heinsheimer commented on the City Council's goal and support to
encourage residents to underground their utilities and moved that the City Council approve
. the plans and specifications and that staff be directed to solicit bids for the undergrounding of
utilities projects. Councilmember Hill seconded the motion which carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Pro Tem Black reported that Councilmember Hill's son was accepted to medical school.
Councilmember Pernell commented on upcoming Household Hazardous Waste Collection
events. He also asked staff to stay informed regarding condominium development projects
being considered in the City of Rolling Hills Estates.
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Mayor Lay reported that the City Council Personnel Subcommittee had met earlier in the
evening to consider the City Manager's Employment Agreement and that a recommended 5%
salary adjustment for the City Manager would be presented at the next City Council meeting.
He also indicated that the Committee considered an employee dependent healthcare
contribution policy and that, if it was the desire of the City Council, a recommendation for
employees to pay a percentage of the dependent healthcare costs would appear on the next
agenda. Mayor Pro Tem Black requested that the report be presented.
Mayor Pro Tem Black requested that an item relative to the terminology used in the PERS
contributions be prepared for the next City Council meeting.
Mayor Lay indicated that the City would be celebrating its 50`'' anniversary of incorporation
next January and requested that funds be included in the FY 2006-07 budget for a City
celebration.
MATTERS FROM STAFF
None.
At 9:05 p.m. the City Council recessed into a closed session.
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.
G.C. 54956.9(a)
Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community
Association, et. al., Los Angeles County Superior Court, Case No. YC051963.
At 9:20 p.m., City Attorney Jenkins reported that both the Hassoldt and Sheen litigation were
discussed and that no action was taken in closed session.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:21
p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 8,
2006 in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Approved,
B. Allen
Mayor
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Respectfully submitted,
Marilyn Kern
Deputy City Clerk
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