9/25/2006MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
SEPTEMBER 25, 2006
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Pro Tem Black at 7:31 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Heinsheimer, Hill, Pernell and Mayor Pro Tem Black.
Councilmembers Absent: Mayor Lay.
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.
Lt. Greg Ahn, 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 September 11, 2006.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of August, 2006.
RECOMMENDATION: Approve as presented.
d. Consideration of reappointment of the City's representative to the West Vector
Control District.
RECOMMENDATION: Approve as presented.
e. Notice of Proposed Rate Decrease from Southern California Gas Company,
Application No. A-06-08-026 filed with the Public Utilities Commission.
RECOMMENDATION: Receive and file.
f. BFI Recycling Tonnage Report for August, 2006.
RECOMMENDATION: Receive and file.
Councilmember Heinsheimer moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously by
those Councilmembers in attendance.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2006-11. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
CONSTRUCT A STABLE THAT REQUIRES GRADING AND A VARIANCE TO
LOCATE THE STABLE AND THE CORRAL IN THE FRONT YARD AREA IN ZONING
CASE NO. 727 AT 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH), (CHO).
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. 727.
Councilmember Heinsheimer moved that the City Council receive and file Resolution No.
2006-11. Councilmember Pernell seconded the motion. Discussion ensued regarding the
proposed stable and corral. Mayor Pro Tem Black expressed concern about the visibility of the
proposed stable from Portuguese Bend Road and queried whether the City Council could
restrict the actual construction of the stable or hold their decision on the requested Variance
Minutes
City Council Meeting
09/25/06 -1-
0
until the applicant has completed the previously approved tennis court and guesthouse on the
property. He also commented on the pepper trees that the applicant had planned to screen
the tennis court indicating that the proposed stable would be in the area of this landscaping. In
response to Councilmember Pernell, Planning Director Schwartz pointed out on the plan the
corral area that is proposed to be adjacent to the proposed tennis court.
Further discussion ensued regarding Mayor Pro Tem Black's suggestion that the City Council
hold consideration of the subject Variance until the previously approved guesthouse and
tennis court have been constructed on the property. City Attorney Jenkins indicated that the
City Council would probably need to take this case under jurisdiction and deny the
development but that he would have to look into this matter further. Councilmembers
discussed whether the applicant intended to actually build the proposed stable or whether it
had been placed on the plan to demonstrate a future stable on the property.
Mayor Pro Tem Black indicated that he would like to take this case under jurisdiction.
Councilmember Heinsheimer indicated that he did not object to the City Council taking this
case under jurisdiction and withdrew his motion to receive and file Resolution No. 2006-11 and
Councilmember Pernell withdrew his second.
Mayor Pro Tem Black moved that the City Council take jurisdiction over Zoning Case No.
727. Councilmember Pernell seconded the motion which carried unanimously by those
Councilmembers in attendance. Councilmember Heinsheimer indicated that he would abstain
from consideration of this Zoning Case due to his wife's involvement in landscape plans for
the property. City Manager Nealis announced that this Zoning Case would be set for a public
hearing at the next City Council meeting scheduled to be held on Monday, October 9, 2006.
RESOLUTION NO. 2006-12. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
AND REQUEST FOR A VARIANCE TO CONSTRUCT A RETAINING WALL IN THE
SIDE AND FRONT SETBACKS ON A VACANT PARCEL OF LAND KNOWN AS 6
SAGEBRUSH LANE, IN ZONING CASE NO. 728 (LOT 100-4-RH), (HAO).
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. 728.
Councilmember Hill moved that the City Council receive and file Resolution No. 2006-12.
Councilmember Pernell seconded the motion.
Discussion ensued regarding the proposed development. In response to Mayor Pro Tem
Black, Planning Director Schwartz explained the location and overall height of the proposed
retaining walls. Mr. Gary Wynn, applicant's representative stated that landscaping would
soften the appearance of the retaining walls. Mayor Pro Tem Black commented on the soils
and geology review by Los Angeles County and the repair of a landslide on this property and
neighboring properties.
The motion carried unanimously by those Councilmembers in attendance (Mayor Black voted
no).
RESOLUTION NO. 2006-13. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO
CONSTRUCT A GARAGE ADDITION AND A SERVICE YARD IN THE FRONT
SETBACK AND TO CONSTRUCT AN ATTACHED TRELLIS IN THE REAR SETBACK
IN ZONING CASE NO. 729 AT 1 BOWIE ROAD (LOT 15 -CRA), (KULPA).
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. 729.
Hearing no discussion, Mayor Pro Tem Black called for a motion. Councilmember
Heinsheimer moved that the City Council receive and file Resolution No. 2006-13.
Councilmember Pernell seconded the motion which carried unanimously by those
Councilmembers in attendance.
TRAFFIC COMMISSION ITEMS
None.
Minutes
City Council Meeting
09/25/06
-2-
L'
1
1
PUBLIC HEARINGS
CONSIDERATION OF ORDINANCE NO. 301: AN ORDINANCE OF THE CITY OF
ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE
ZONING AND SUBDIVISION ORDINANCES AND AMEND TITLE 16, SUBDIVISION
AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND
READING AND ADOPTION)
City Manager Nealis reported that the public hearing was opened and Ordinance No. 301 was
introduced at the September 11, 2006 meeting. He said it was continued to this evening for
consideration of seconded reading and adoption. Mayor Pro Tem Black opened the continued
public hearing and called for testimony. Hearing none and no discussion, he called for a
motion.
Councilmember Heinsheimer moved that the City Council waive further reading and adopt
Ordinance No. 301. Councilmember Pernell seconded the motion which carried unanimously
by those Councilmembers in attendance.
CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING.
RESOLUTION NO. 1010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA, ESTABLISHING A RESERVE ACCOUNT WITHIN
THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM AND MAKING APPROPRIATIONS THEREFROM.
City Manager Nealis presented the staff report providing information regarding the
expenditure of COPS Funding in FY 2006-07. Mayor Pro Tem Black opened the public hearing
and called for testimony. Hearing none and no discussion, he called for a motion.
Councilmember Hill moved that the City Council adopt Resolution No. 1010. Councilmember
Heinsheimer seconded the motion which carried unanimously by those Councilmembers in
attendance.
OLD BUSINESS
None.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Pro Tem Black commented on the Planning Commission's review of hedge
landscaping. He also commented on the County's regulations regarding natural light for
basementsr. He expressed concern that the newer homes with basements are beginning to
look like split-level homes. City Manager Nealis reported that staff would be approaching the
Planning Commission regarding this subject to determine if any potential amendments to the
Code are necessary.
MATTERS FROM STAFF
City Manager Nealis reported that he is working the with City's Consulting Geologist and
Erosion Control Specialists to re -winterize the slope on Poppy Trail. He indicated that a more
aesthetically pleasing material is being considered.
At 7:55 p.m. the meeting was adjourned to a closed session.
MATTERS FROM THE CITY ATTORNEY
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.
Minutes
Ci Council Meeting
09/25/06 -3-
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.
Anticipated Litigation:
G.C. 54956.9(b)
A point has been reached where, in the opinion of the City Council on the advice of its
legal counsel, based on the below -described existing facts and circumstances, there is a
significant exposure to litigation against the City.
Claim Submitted by Zaffar & Teresa Hassanally, 6 Poppy Trail, Rolling Hills, California.
Claim Submitted by Robert M. Jonas, 3 Poppy Trail, Rolling Hills, California.
Claim Submitted by Donna Freeman, 10 Poppy Trail, Rolling Hills, California.
Claim Submitted by Ron Sommer, 2 Poppy Trail, Rolling Hills, California.
Claim Submitted by Mr. & Mrs. John Lacey, 7 Poppy Trail, Rolling Hills, California.
Claim Submitted by Mr. & Mrs. Ramakrishna Reddy, 11 Poppy Trail, Rolling Hills,
California.
Conference with Real Property Negotiator
Government Code Section 54956.8
Property Address: Los Angeles Assessors Parcel # 7574-020-900
City Negotiator: City Manager
Negotiating Parties: County of Los Angeles
Under Negotiation: Price and Terms of Payment
At 8:00 p.m. the Council returned to open session. City Attorney Jenkins stated that no
reportable action was taken in closed session.
Councilmember Hill commented on the request from the League of Women Voters for a
nominee to be honored for their devotion to the affairs of the City at their upcoming party
honoring local elected officials. He stated that he has submitted the names of RHCA Manager
Peggy Minor, Planning Commissioner Evie Hankins and Traffic Commissioner V'Etta Virtue.
Councilmembers directed staff to nominate RHCA Manager Peggy Minor for this honor.
City Attorney Jenkins reported that he would provide the required ethics training for
Councilmembers prior to the City Council meeting to be held on November 13, 2006.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Pro Tem Black adjourned the
meeting at 8:04 p.m. to an adjourned regular meeting of the City Council scheduled to be held
on Monday, October 9, 2006 beginning at 6:30 p.m. in the City Council Chambers at City Hall,
2 Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
Marilyn Kern
Deputy City Clerk
A ,prove
James Vck
MayorTro Tem
Minutes
Ci Council Meeting
09/25/06 -4-