2/11/2008MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
FEBRUARY 11, 2008
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, Lay, Pernell, Mayor Pro Tem Hill and Mayor
Black.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mark Hensley, Assistant City Attorney.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
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. Regular Meeting of January 28, 2008.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Correspondence from Cox Communications regarding rate changes of select Cox
services.
RECOMMENDATION: Receive and file.
Mayor Pro Tem Hill moved that the City Council approve the items on the Consent Calendar.
Councilmember Heinsheimer seconded the motion which carried unanimously.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATIONS FOR
TRAFFIC IMPROVEMENTS PERTAINING TO ADDITIONAL STRIPING AND THE
REMOVAL OF DELINEATORS ON MIDDLERIDGE LANE SOUTH
City Manager Dahlerbruch provided information about two traffic accidents that occurred on
Middleridge Lane South involving a telephone pole in the vicinity of 27 Middleridge Lane
South. He reported that staff had asked Edison to move or underground the pole but that they
declined. He reported that Edison had placed bollards next to the pole to protect it and had
placed additional reflective strips to make the pole more visible. He further reported that the
accidents prompted staff to have the Traffic Engineer review the location and provide a
recommendation to the Traffic Commission. He explained the Traffic Commission's
recommendation to establish additional striping and the removal of delineators on
Middleridge Lane South.
Councilmember Heinsheimer moved that the City Council approve the recommendations of
the Traffic Commission and Traffic Engineer for the reduction of the number of delineators,
the addition of white edge -line striping and yellow reflective pavement markers on the skip
yellow centerline in' the vicinity of 27 Middleridge Lane South. Councilmember Pernell
seconded the motion.
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Discussion ensued regarding Edison's reluctance to move or underground the pole. Mr. Scott
Gobble, Southern California Edison Company, explained that Edison engineers reviewed the
site and made a determination that there was no reasonable rationale for moving or
undergrounding the pole. He commented on the number of years the pole has been at the
location and stated that Edison believes that the bollards and additional reflective strips are
sufficient for a driver who is obeying the traffic regulations and driving safely in the area. The
Mayor commented on the City's goal to minimize the number of utility poles, concrete
bollards and reflective strips to keep the City as rural as possible.
Following a brief discussion regarding the recommendations and safety, the motion carried
unanimously.
PUBLIC HEARINGS
ORDINANCE NO. 309. CONSIDERATION OF AN ORDINANCE TO MODIFY
EXTERIOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE
ROLLING HILLS MUNICIPAL CODE
Planning Director Schwartz presented the staff report providing background regarding the
City's exterior lighting standards which were created to minimize exterior lights with the goal
of maintaining the rural character of the community. She explained the Planning Commission
review and recommendations relative to the proposed ordinance and provided background
information regarding public input received from residents during the Planning Commission
review process as well as public input from residents received since the Planning Commission
recommendation that the City Council adopt the proposed ordinance. She indicated that
correspondence had been received from the RHCA Architectural Committee requesting to
further review and comment on the proposed ordinance before its adoption. It was noted that
additional correspondence from residents that was received after the agenda was posted and
delivered to the Council has been placed before the Council this evening and has been made
available to the public. Planning Director Schwartz indicated that the ordinance could be
further amended to include some of the resident suggestions if the City Council wishes.
Planning Director Schwartz further explained each of the sections in the proposed ordinance
highlighting the modifications that had been made during the Planning Commission review.
A suggestion was made that the ordinance specifically preclude up -lighting.
City Manager Dahlerbruch commented on a clause added to Section 2 relative to Minor
Modification for Special Lighting at the request of the RHCA Architectural Committee that
states that the Planning Commission may approve or conditionally approve a minor
modification application if it finds that it is warranted due to superior architectural design. He
indicated that the Architectural Committee has requested to further review the ordinance and
make comments.
Councilmembers discussed the input from the public and welcomed their participation. It was
suggested that the testimony be limited to the considerations that were part of the Planning
Commission process. Comments were offered regarding the original intent of the ordinance to
not have light spilling out of properties onto adjacent properties and roadways.
Councilmembers briefly discussed the 2001 ordinance and the issue of up -lighting.
Councilmembers commended the Planning Commission for their work on this matter.
Mayor Black opened the public hearing and called for testimony.
Mr. Lynn Gill, 31 Chuckwagon Road, stated that he provided correspondence to the City
Council outlining his suggestions relative to the proposed ordinance.
Mr. Scott Gobble, Southern California Edison Company, urged the City Council to encourage
energy conservation in the ordinance. He commented on the use of CFL light bulbs and
indicated that the South Bay Energy Savings Center would advise residents on energy
efficiency matters.
Dr. Juan Corredor, 7 Wideloop Road, commented on the lighting of the driveway to his home
and expressed concern about the effect the proposed ordinance would have on security and
safety.
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Dr. Peter Parsa, 55 Crest Road East, commented on the correspondence he provided to the City
and his concerns regarding the darkness of the city and the effect the proposed ordinance
would have on security and safety. He also expressed concerns regarding residents driving
and walking during times of darkness. Dr. Parsa commented on the enforcement of the
proposed ordinance. Comments were offered regarding the existing ordinance and the
modifications being proposed to make the ordinance more in keeping with what exists in the
city today and the intent of the original ordinance adopted in 2001. It was noted that some
wattages are proposed to be increased compared to the original ordinance.
Mr. Ty Bobit, 10 Buggy Whip Drive, commented on concerns that had been expressed
regarding security and stated that he feels that security lighting should be allowed at a higher
wattage. He indicated that he feels that burglaries would occur whether properties were
lighted or not. He expressed that he would appreciate being able to light his backyard for
nighttime entertaining and barbecuing. He expressed support for the grandfathering clause.
Mrs. Sue Breiholz, 6 Upper Blackwater Canyon Road, commented on security lighting and
stated that she feels that it should be allowed to remain on for as long as needed. She also
commented on the pathway lighting and stated that she feels that spacing of pathway lights
should be closer that 20 feet apart.
Mr. Bill Rogers, RHCA Architectural Committee, indicated that the Committee would like to
further review the ordinance and provide comments especially pertaining to lights on
structures. He also commented on concerns regarding security and mentioned how low the
crime statistics are for the city. He indicated that he feels that exterior lighting would prevent
burglaries. Mr. Rogers explained the Committee's review of lighting plans for properties. He
said that the Committee makes sure that each light has a task and that there are not too many
lights.
Mr. Jeff Pieper, 3 Eucalyptus Lane, stated that he feels that the light bulb wattages outlined in
the ordinance make sense and explained a lighting test he conducted at his residence. He
suggested that the language in the ordinance be less descriptive so that it does not create
loopholes. He commented on security and stated that the feels that lighting would deter
thefts.
Mr. Brad Chelf, 59 Crest Road West, commented on his attendance at the Planning
Commission public hearing regarding the proposed ordinance and stated that he feels that the
Planning Commission did a good job analyzing the matter and that their suggestions are
reasonable. He also stated that as he drives through the city during times of darkness that he
does not see an issue with lighting. He indicated that he feels that clarification of the
ordinance would make it easier to enforce should there be a complaint filed with the city.
Comments were offered that the exterior lighting ordinance is abused by very few people but
those infractions of the ordinance are very obvious as you drive through the city at night. Mr.
Chelf noted that the Planning Commission was very sensitive to the suggestions offered by the
residents during their review of the matter.
Mr. Burt Balch, 6 Hackamore Road, stated that he feels that the city should offer an inspection
process for residents who do not know if they comply with the exterior lighting ordinance.
He said he would especially appreciate an inspection before he provides comments on the
proposed ordinance.
Mr. Richard Colyear, 35 Crest Road West, commented on up -lighting and stated that he feels
that address signs should be allowed to be up -lighted for better visibility for visitors. He
commented on the grandfathering of fixtures lawfully installed and indicated that a graphic on
a previous flyer created by the city may have confused residents and queried whether these
fixtures would be considered lawful.
Mr. Spencer Karpf, 14 Caballeros Road, commented on the material he submitted during the
Planning Commission review of the proposed ordinance and commended the Planning
Commission and staff for their efforts related to this matter. He explained his suggestions
regarding up -lighting and grandfathering certain fixtures. He commented on properties in the
City that may be egregiously out of compliance and indicated that he would like to see the
grandfathering language made clearer so that there will not be any loopholes.
Councilmembers discussed the comments offered relative to precluding up -lighting,
inspection process for residents who do not know if they comply, permitting pilaster lighting
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with RHCA approval, clarification of the minor modification section and the non -conforming
light fixtures and light bulbs section and addressing the changing energy technologies. The
Council further discussed the ordinance as recommended by the Planning Commission. It
was suggested that the language in the ordinance remain the same but that the format be
revised to have Part 1 state the goals and objectives of the ordinance, Part 2 state what is
permitted and Part 3 pertain to lawful installations.
Hearing no further discussion and no objection, Mayor Black continued the public hearing to
the regular meeting of the City Council to be held on Monday, March 10, 2008. Staff was
directed to revise the format of the ordinance with the same information so that it is clearer to
the reader for City Council further review.
OLD BUSINESS
CONSIDERATION OF A LETTER TO THE RANCHO PALOS VERDES CITY
COUNCIL CONCERNING THE USE OF TRAILS IN THE CANYON TRAILS AND
FORRESTAL ECOLOGICAL RESERVE
Discussion ensued regarding the draft letter presented to the City Council and the Municipal
Code Section that prohibits bicycles and motorized vehicles on trails in the City. Concerns
were expressed about the designation of trails in the City of Rancho Palos Verdes as multiuse
that are proposed to dead end at the Rolling Hills City Limits. Concerns were also expressed
that the dead end trail designation would not preclude a bicycle rider from entering the trail
system in Rolling Hills. Councilmembers discussed that some trails in Rolling Hills traverse
private property. Councilmembers also discussed the letter that the RHCA is proposing to
send to the City of Rancho Palos Verdes. Following the discussion, Councilmembers directed
staff to amend the letter to address the current trail maps that are available that show trails
that go through the city and to replace the third paragraph with language similar to the
language in the RHCA letter. It was suggested that the Mayor Pro Tem discuss this matter
with the Mayor of Rancho Palos Verdes during the monthly Mayor's meeting.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
NEW BUSINESS
RESOLUTION NO. 1034: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ESTABLISHING A 25% SURCHARGE ON LOS
ANGELES COUNTY BUILDING AND SAFETY DEPARTMENT FEES FOR AN
ALTERNATIVE BUILDING AND SAFETY PERMITTING PROCESS THROUGH
A CITY -APPROVED CONSULTANT AND AMENDING RESOLUTION NO. 496
AND RESOLUTION NO. 931.
City Manager Dahlerbruch provided brief comments regarding Resolution No. 1034. Hearing
no discussion, Mayor Black called for a motion.
Councilember Heinsheimer moved that the City Council adopt Resolution No. 1034.
Councilmember Lay seconded the motion which carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL
SUBCOMMITTEE REGARDING APPOINTMENTS TO THE ROLLING HILLS
TRAFFIC COMMISSION (ORAL)
Mayor Pro Tem Hill announced that a letter had been received from Traffic Commissioner
Don Robertson indicating that he is resigning from the Commission due to health reasons and
explained that the Personnel Subcommittee recommends that Patrick Wilson be appointed to
fill Mr. Robertson's unexpired term, till January 2009 and that V'Etta Virtue and Val Margeta
be re -appointed to the Commission. He stated that Mr. Wilson was the only resident
submitting a letter of interest to serve on the Traffic Commission and that the Subcommittee
felt he was qualified.
Mayor Pro Tem Hill moved that the City Council reappoint Traffic Commissioners V'Etta
Virtue and Val Margeta to 4 -year terms on the Traffic Commission and appoint Patrick Wilson
to fill the unexpired term which expires on January 1, 2009. Councilmember Lay seconded the
motion which carried unanimously.
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CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL
SUBCOMMITTEE REGARDING APPOINTMENTS TO THE ROLLING HILLS
DISASTER PREPAREDNESS (ORAL)
The Personnel Subcommittee Members commented on the number of residents who expressed
a desire to serve on the Disaster Preparedness Committee and provided the list to the Council.
They indicated that the list includes Block Captains and CERT Members as well as two
residents who submitted letters of interest in response to the Citywide Newsletter
announcement.
Mayor Pro Tem Hill moved that the City Council appoint Don Gales, Ron Sommer, Gene
Honbo, Scott Holt, Charles Aylesbury, Ed Swart, Donovan Black, Marion Ruth, Kay Lupo,
Leslie Stetson, Dave Breiholz, Sue Breiholz, V'Etta Virtue, Diane Montalto, Richard Colyear,
Terry Reiter and Susan Chung to serve as the City's Disaster Preparedness Committee.
Councilmember Lay seconded the motion which carried unanimously.
Mayor Black commented on the construction agreement for 17/18 Portuguese Bend Road that
requires that before a Certificate of Occupancy is issued that the utilities must be placed
underground. He reported that the property is being advertised for sale. City Manager
Dahlerbruch reported that staff has sent correspondence to the property owner and the real
estate representative reiterating the conditions relative to underground utilities in the
subdivision agreement. Staff was directed to research how the construction agreement can be
recorded.
MATTERS FROM STAFF
CONSIDERATION OF CROSSWALK IMPROVEMENTS ON PORTUGUESE BEND
ROAD BETWEEN CITY HALL AND THE TENNIS COURTS
City Manager Dahlerbruch presented the staff report providing background regarding the
proposed stamped crosswalk that was a part of the Women's Community Club's Main Gate
Beautification Project. He explained that the existing crosswalk had been completed before the
City's Anniversary Celebration and the costs associated with the proposed new stamped
crosswalk. It was explained that the RHCA might wish to complete this project since they
control access on the road and provide roadway maintenance. It was noted that a
stamped/ painted crosswalk might be difficult to maintain. Councilmembers discussed that in
most cases the crosswalk is not being used.
Following the discussion, the City Council authorized a grant of $5,000 in support of a new
stamped crosswalk if the RHCA/Women's Community Club Beautification Committee is
interested in pursuing the project on their own.
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)
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.
No closed session was held.
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ADTOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at
9:30 p.m. to the next regular meeting of the City Council scheduled to be held on Monday,
February 25, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2
Portuguese Bend Road, Rolling Hills, California.
Respectfully submitted,
M4�
Marilyn Kern
Deputy City Clerk
Ap d,
James Plack
Mayor
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