5/14/2007MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MAY 14, 2007
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Black at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
Councilmembers Present: Heinsheimer, Pernell, Lay, Mayor Pro Tem Hill and Mayor
Black.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
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 April 23, 2007.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Notice of Completion for the City of Rolling .Hills City Hall Exterior Painting
Project.
RECOMMENDATION: Approved as presented.
d. Allied Waste Recycling Tonnage Report for March 2007.
RECOMMENDATION: Receive and file.
e. Caballeros Del Rancho Palos Verdes 2006 Financial Report
RECOMMENDATION: Receive and file.
Councilmember Heinsheimer moved that the City Council approve the recommendations in
the consent calendar. Councilmember Lay seconded the motion which carried unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
ZONING CASE NO. 732
MR. AND MRS. BRADFORD CHELF, 22 MIDDLERIDGE LANE NORTH, (LOT 1 -MR).
REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE; .
REQUEST FOR VARIANCES TO ENCROACH WITH THE NEW RESIDENCE INTO
THE FRONT SETBACK AND TO EXCEED THE MAXIMUM PERMITTED
DISTURBED AREA OF THE LOT.
(RECOMMENDED FOR CONTINUANCE)
Councilmember Lay moved that the City Council continue the public hearing at the
applicants' request. Councilmember Pernell seconded the motion which carried unanimously.
Mayor Black ordered that the public hearing be continued at the request of the applicants to
the regular City Council meeting to be held on Monday, June 25, 2007.
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OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF A REQUEST FROM COSTUME CLOSET TO REFUND FEES
RELATING TO ZONING CASE NO. 682 AND 686, A REQUEST FOR A ZONING
CODE AMENDMENT, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW AT
THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT PROPERTY AT 38
CREST ROAD WEST
Planning Director Schwartz presented the staff report providing background regarding the
request from Costume Closet. She reported that the Costume Closet representatives are
seeking a refund because the School District has provided another facility and therefore there
is no need to construct the proposed building on the School District site at 38 Crest Road West
in Rolling Hills. City Manager Dahlerbruch indicated that staff is also recommending that the
City Council direct staff to prepare a policy for refunding planning and zoning fees for
discretionary hearings in the future.
Councilmembers discussed the actual costs incurred by the City to process the zoning
application submitted by the Costume Closet. Planning Director Schwartz indicated that these
fees also included the future process and inspections of the site.
Councilmember Lay commented on previous cases where the City has refunded fees for
planning and zoning discretionary hearings and the fact that it would be difficult to go back
and determine the actual costs of this case at this time. He stated that he feels that the fees
should be refunded because the Costume Closet provides a general service to the School
District and community.
Councilmember Lay moved that the City Council refund the fees relating to Zoning Case No.
682. Councilmember Pernell seconded the motion.
Discussion ensued regarding calculating staff costs should there be requests for refunds in the
future. It was expressed that the City actually did incur costs associated with the Costume
Closet's application as well as the City actually changed its' zoning code to accommodate the
request.
Following discussion regarding the amount to be refunded, Mayor Black called for a roll call
vote.
AYES: Councilmembers Heinsheimer, Lay, Pernell, and Mayor Pro Tem Hill.
NOES: Mayor Black.
ABSENT: None.
ABSTAIN: None.
Mayor Black suggested that the City Council receive the report from the Chairman of the 50"
anniversary Celebration Committee at this time. There being no objection, he so ordered.
MATTERS FROM STAFF
Mr. Donovan Black, Chairman of the 501h Anniversary Celebration Committee presented an
overview of the plans for the event and highlighted the costs. City Manager Dahlerbruch
provided copies of the site plan, commorative program and the mug to the Councilmembers.
Mr. Black reported that the Committee has attempted to be fiscally responsible but that costs
have esclated mainly due to the costs of food due to the overwhelming number of RSVP's that
have been received.
Discusison ensued regarding the proposed living history video that is proposed to be created
for the event and provided to each household in the City. Comments were offered regarding
the quality of the first interviews of long time residents conducted by Maureen Nunn. It was
reported that second/ multiple generation residents as well as other long-time residents would
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be given an opportunity for an interview on the day of the event and that Maureen Nunn's
crew would add the new interviews to the DVD. It was suggested that the historical
photographs be added to the DVD if possible.
Councilmembers commended and thanked the volunteers who have work on the planning of
the event and expressed their pleasure with the response by the community to this event.
Councilmember Heinsheimer moved that the City Council approve an admended budget for
the Anniversary Celebration up to $40,000 for the event, to include copies of the living history
video created for the event for each Rolling Hills household. Councilmember Lay seconded
the motion which carried unanimously.
NEW BUSINESS -Continued
CONSIDERATION OF A RECOMMENDATION FROM STAFF TO ESTABLISH A
POLICY FOR REFUNDING PLANNING AND ZONING FEES FOR DISCRETIONARY
HEARINGS
City Manager Dahlerbruch presented the recommendation from staff relative to establishment
of a procedure for refunding planning and zoning fees so when questions arise in the future
that a policy is in place. Discussion ensued regarding the actual costs incurred by the City for
discretionary hearings. It was suggested that the policy address how much had actually been
spent on the review and a refund of the balance. It was also suggested that the refund be
based on a percentage and that criteria be established for any exceptions for community
groups such as the School District.
Following the discussion, staff was directed to develop a policy for refunding planning and
zoning fees for discretionary hearings.
RESOLUTION NO 1018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS APPOINTING THE CITY ATTORNEY AS CITY PROSECUTOR FOR
CRIMINAL ENFORCEMENT OF THE ROLLING HILLS MUNICIPAL CODE
City Manager Dahlerbruch reported that in reviewing code enforcement strategies with the
City Attorney, it was observed that the City Attorney is not designated as the City Prosecutor.
He said that as City Prosecutor, the City Attorney would have the authority to prosecute
violations to the Municipal Code if or when the District Attorney is not a viable option.
Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1018.
Councilmember Hill seconded the motion.
City Attorney Jenkins commented on the costs associated with his being appointed as the
Prosecutor as compared to the LA County District Attorney fees. He explained that zoning
violations are not a high priority for the County District's Attorney office and that the County
process may not move as fast as having a City Prosecutor due to the County's workload. The
City Attorney indicated that he works closely with another firm on these types of cases.
Discussion ensued regarding previous violations of the municipal code in which the City had
contacted the District Attorney's office to review. It was noted that there had not been many
over the years.
Mayor Black expressed that he would not be in favor of prosecuting residents.
Councilmembers discussed the enforcement of the City's municipal code and the fact that City
does not actively look for violations. It was reported that the City enforces municipal code
violations when the City is made aware of a violation, for example, through receipt of a
complaint. It was expressed that there needs to be some recourse for the City to enforce its
ordinances.
Following discussion, the motion carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Lay, Pernell, and Mayor Pro Tem Hill
NOES: Mayor Black.
ABSENT: None.
ABSTAIN: None.
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PLANNING COMMISSION VACANCY
City Manger Dahlerbruch presented the staff report and letter from Evie Hankins. He
indicated that Mrs. Hankins is retiring from her service of the Planning Commission due to her
health. He provided a timeline for the appointment of a new commissioner.
Following brief .discussion, the City Council accepted the resignation of Planning
Commissioner Evie Hankins and directed staff to invite Mrs. Hankins to be acknowledged at
the June 11 joint meeting of the Planning Commission and City Council. Staff was also
directed to begin the process of advertising for the vacancy with the goal of filling the position
for the July Planning Commission meeting. It was suggested that those interested in
submitting letters of interest should attend the joint meeting of the City Council and Planning
Commission on Monday June 11, 2007 beginning at 5:00 p.m.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Black commented on the L.A. County Fire Department's weed abatement process and
reported on the toxins associated with poison oak during a wildfire. Following discussion
regarding fire safety, methods of weed abatement and the L.A. county Fire Department weed
abatement inspection process, staff was directed to further report on this matter at an
upcoming City Council meeting.
CITY COUNCIL COMMITTEE ASSIGNMENTS
Mayor Black provided his suggestions for the FY 08-09 City Council Committee Assignments.
Hearing no discussion, he called for motion.
Councilmember Heinsheimer moved that the City Council adopt the City Council Committee
Assignments as presented by Mayor Black. Councilmember Lay seconded the motion which
carried unanimously.
MATTERS FROM STAFF
2007/08 REVENUE PROJECTIONS AND SCHEDULE OF FEES AND CHARGES
City Manager Dahlerbruch reported that the 2007/08 revenue projections and schedule of fees
and charges has been presented to the City Council for their information. Hearing no
discussion, Mayor Black ordered that the report be received and filed.
CITY RECOGNITION POLICY
City Manager Dahlerbruch presented the staff report outlining the proposed policy for City
recognition. It was suggested that the policy be amended to reflect that acknowledgement will
occur when it comes to the attention of the City.
Councilmembers briefly discussed the possibility that individuals may wish to make
donations to the City and the tax deduction process for such donations. Hearing no further
discussion, Mayor Black called for a motion.
Councilmember Pernell moved that the City Council adopted the City Recognition Policy as
amended to reflect that it is not the City's role or intention to research when a resident is
eligible to be recognized and that acknowledgement will occur when it comes to the attention
of the City. Councilmember Hill seconded the motion which carried unanimously.
TOPICS FOR DISCUSSION AT THE JOINT CITY COUNCIL AND PLANNING
COMMISSION MEETING.
City Manager Dahlerbruch presented the discussion papers prepared for review by the City
Council and Planning Commission at the joint meeting and indicated that they have been
presented to the City Council in advance of the meeting for the Council's information. He
reported that the Planning Commission has suggested that the meeting start at 5:00 pm to
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allow further time to discuss these important matters. It was reported that the City Council
meeting would begin at 8:00 that evening. It was suggested that another meeting could be
scheduled if the City Council and Planning Commission find that more time is necessary to
discuss the topics or a particular topic on the agenda. Planning Director Schwartz provided a
copy of information that had been submitted by Planning Commission Chairman Arvel Witte
to the City Council.
It was suggested that the City Council consider the long range global planning on topics such
as emergency preparedness, underground utilities and sewer systems at a meeting in the
future. or even perhaps a special retreat type meeting.
Following the disucssion, the City Council received and filed the report and directed staff to
make the RHCA Architectural Committee aware of the joint meeting of the City Council and
Planning Commission. The City Council agreed to start the meeting at 5:00 p.m.
MATTERS FROM STAFF (ORAL)
Relative to PV Transit, City Manager Dahlerbruch asked if the City Council would be
interested in establishing a liaison representative to meet with a counterpart on the PV Transit
Board a few times a year. Staff was directed to provide a list of PV Transit Board members, an
example of a Board agenda, the frequency of their Board meetings and an explanation of how
the Board members are appointed.
Regarding recognition of a neighboring jurisdiction, the City Council concurred that they
would visit the 5/22 meeting of the Rolling Hills Estates and present a certificate
acknowledging the City of Rolling Hills Estates' 50"' Anniversary of incorporation.
City Manager Dahlerbruch acknowledged that it was his daughter Katie's birthday. The City
Council wished Katie a happy birthday.
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.
G.C. 54956.9(a)
Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No.
YC033955.
G.C. 54956.9(a)
Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No.
YC054015.
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
No closed session was held.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at
9:25 p.m. to the next regular meeting of the City Council scheduled to be held on Monday,
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May 28, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California.
Respectfully submitted,
Marilyn Kern
Deputy City Clerk
5Approved,
jjames lack
Mayor
E
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