5/12/2008MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MAY 12, 2008
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Hill 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, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor
Hill.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, 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. Minutes -Regular Meeting of April 28, 2008.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Consideration of adoption of a Mediation Services Agreement.
RECOMMENDATION: Approve as presented.
Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent
Calendar. Councilmember Pernell seconded the motion which carried unanimously.
City Manager Dahlerbruch introduced Ms. Laura Walters, the Community Relations Officer
for the Los Angeles County Fire Department.
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
None.
OLD BUSINESS
REQUEST FOR MODIFICATION OF AN IMPROVEMENT AGREEMENT FOR
UNDERGROUNDING OF UTILITY LINES PURSUANT TO CONDITIONS OF
APPROVAL OF PARCEL MAP NO. 23991, AS AMENDED, TO OBTAIN FINAL
INSPECTION AT 18 PORTUGUESE BEND ROAD.
City Manager Dahlerbruch presented the staff report providing background regarding the
property owners' request for a modification to the second amended agreement, effective July
10, 2006, to relieve them from the requirement that no final inspection and / or occupancy
permit be given by the Los Angeles County Building and Safety Department for the new
residence until utility lines are undergrounded subject to the layout in the second amended
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agreement. He provided an update regarding the progress of utilities associated with the
project that have been undergrounded to date which involve the wires that cross Portuguese
Bend Road. He explained that according to the property owners' representative, Verizon is
experiencing staffing problems that have prevented them from removing their wires that span
across Portuguese Bend Road but that this work will be completed in approximately 10 days.
City Manager Dahlerbruch explained the plans for the second phase of undergrounding on
and in the rear of 17 and 18 Portuguese Bend Road is still being discussed relative to how,
when and if that can happen. He reported that correspondence received after the agenda had
been posted and delivered to the Council from NextG Networks, Inc., Verizon, and Cox
Communications explaining constraints being experienced to complete this work have been
placed before the City Council this evening and that copies have been provided to the public.
He also indicted that copies of a letter from Dr. Ralph Black, 36 Saddleback Road, received
after the agenda had been posted and delivered to the Council expressing concern regarding
this matter had also been placed before the Council and made available to the public. City
Manager Dahlerbruch explained the recommendations outlined in the staff report.
Mr. Ken Allen, property owners' utility consultant, explained the second phase to the rear of
17 and 18 Portuguese Bend Road and indicated that two property owners in the area of the
proposed second phase plan had denied the required easements to Edison and further
explained the constructions constraints outlined in the correspondence from NextG, Verizon
and Cox. He further explained an alternative plan that could be implemented in which the
two poles between 17 and 18 Portuguese Bend Road would remain but would be lessened in
height.
Mr. Menelaos Saridakis, 18 Portuguese Bend Road, commented on the correspondence from
the utility companies explaining the constraints that are preventing them from completing this
work. It was noted that in the case of the correspondence from NextG that they are indicating
that the work could be done but that it may be cost prohibitive due to logistical challenges.
Mr. Saridakis further explained the problems that occurred over the years preventing him
from completing the required undergrounding. He also explained that he must refinance his
construction loan to a regular mortgage.
Mayor Pro Tem Heinsheimer moved that the City Council:
• Approve the request for a final inspection of 18 Portuguese Bend Road,
• Withhold approval of turning on natural gas to the property and withhold occupancy
to the residence,
• Extend the July 10, 2008 due date for completion of the undergrounding for six months
to January 12, 2009,
• Require an additional $150,000 be placed in the existing escrow account by the property
owner of 18 Portuguese Bend Road for undergrounding if the property is sold prior to
achieving resolution of the undergrounding requirement to the satisfaction of the City,
• Authorize the City Manager and City Attorney to prepare and execute a third amended
agreement incorporating #1, #2, #3 and #4 above and record the agreement,
• Direct the City Manager to work with the property owner of 18 Portuguese Bend Road
to develop for the City Council's consideration a satisfactory resolution for the
remaining undergrounding requirement.
Councilmember Lay seconded the motion.
Discussion ensued regarding the request. Comments were offered regarding another property
owner in the area who worked diligently to urge the previous property owner of 17 and 18
Portuguese Bend Road to underground the utilities along with an underground project on
their property. It was stated that when the current property owners purchased the property
that they understood the undergrounding conditions. It was noted that the option subject to
the seconded amended agreement could be accomplished sooner than the revised plan.
Following further discussion regarding the difference between the latest version of the
underground plan and the previous version and an explanation that no gas meter would be
permitted to be installed as a condition of releasing a certificate of occupancy, the motion
carried by the following roll call vote:
AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill.
NOES: Councilmember Black.
ABSENT: None.
ABSTAIN: None.
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NEW BUSINESS
CONSIDERATION OF THE WILDLIFE PRESERVATION COMMITTEE'S PROPOSED
SCOPE AND STRUCTURE
City Manager Dahlerbruch presented the staff report outlining the proposed scope and
structure of the Wildlife Preservation Committee. He indicated that Councilmember Pernell
had suggested that the Committee also address gardeners' practices in the City, involve the
City's volunteer landscape consultant in the Committee's activities and address the use of
pesticides and herbicides.
Mr. Roger Sommer, Chair of the Wildlife Preservation Committee, commented on the
meetings he and the Council's liaison to the Committee conducted regarding the restructuring
of the Committee. He reported that Brent Barns has expressed a desire to head the proposed
Environmental Assessment Subcommittee, Steve Shultz has expressed a desire to head the
proposed Green Plans and Programs Subcommittee and that he is talking with Pam Crane
about heading the proposed Education and Outreach Subcommittee. He indicated that the
Committee could involve more people in the community as a result of the revised scope and
structure of the Committee. Hearing no further discussion, Mayor Hill called for a motion.
Mayor Pro Tem Heinsheimer moved that he City Council support the Wildlife Preservation
Committee's proposal, recommend that staff be directed to prepare a Resolution for redefining
the scope and structure of the Wildlife Preservation Committee and recommend that staff be
directed to initiate the process for filling Committee member terms that expired January 2008.
Councilmember Lay seconded the motion which carried unanimously.
RECOMMENDATION TO SELL PARCEL NUMBER #7574-020-900 TO THE ROLLING
HILLS COMMUNITY ASSOCIATION IN THE AMOUNT OF $ AND
DIRECT THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE THE
AGREEMENT FOR THE SALE
Following an explanation from the City Manager regarding the history of the acquisition of the
property from the County of Los Angeles and proposed sale of the Crest Road property to the
Rolling Hills Community Association, the City Council unanimously approved the sale of
9,264 +/- acres of City -owned property on Crest Road upon which the westbound lane and
Gate House are located to the Rolling Hills Community Association for the amount of $35,000
and directed the City Manager and City Attorney to execute the agreement for the sale.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Pernell reported on his attendance at a recent California Contract Cities
Association meeting and stated that Rolling Hills Estates Councilmember Frank Zerunyan had
been elected to serve as the 2008-2009 President of the organization. He also reported that
Rolling Hills Estates Councilmember Judy Mitchell is in line to become the President of the
League of California Cities.
REPORT REGARDING THE PALOS VERDES PENINSULA REGIONAL LAW
ENFORCEMENT COMMITTEE MEETING (ORAL)
Councilmember Pernell reported on his attendance at the Palos Verdes Peninsula Regional
Law Enforcement Committee meeting held on May 8, 2008. He suggested that staff prepare a
letter to McCormick Ambulance acknowledging their services and responsiveness to the
Committee's request for data. Councilmembers supported this suggestion and directed staff
to prepare a letter for the Mayor's signature.
MATTERS FROM STAFF
FOCUS GROUP OBSERVATIONS AND RECOMMENDATIONS REGARDING
DEVELOPMENT
City Manager Dahlerbruch presented the staff report providing background regarding the
formation of the City Manager's Focus Group and indicated that the group has been focusing
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on the development process. He summarized the recommendations and observations of the
Focus Group for the Council.
Councilmembers discussed the observations and recommendations and it was noted that they
fall into three categories related to transparency, process and rules. It was suggested that the
Focus Group specifically review their recommendations as they relate to why they are a good
idea, how they would affect the City and what the impact would be.
Ms. Cathy Nichols, 14 Crest Road West, provided comments regarding the education of
prospective buyers before they actually purchase property in the City relative to the
development rules and regulations, regarding the discussions of the focus group about the
development process and the varying opinions expressed by the members about the size of
homes and grading.
Comments were offered regarding the positive accomplishments of the Focus Group and the
varying opinions of the group's members and whether a consensus could be obtained. It was
noted that the group's discussions of the issues have been good for the community.
Discussion ensued regarding the uniqueness of each of the individual properties in the City
and how the differences would affect the group coming to a consensus about the issues.
Dr. Rick Rutgers, 5 Packsaddle Road East, commented on the development process and on the
City's rules and regulations that have an effect on smaller size properties as they relate to the
size of a home that can be accommodated on the property. He also commented on the
negotiations and compromises that fit the particular situations on each property that are
reached during Planning Commission review process. He indicated that he feels that there is a
majority opinion in the Focus Group that the City should relax the building pad coverage
guideline.
Mr. Marc Jacobowitz, 20 Portuguese Bend Road, thanked the City Manager and Planning
Director for their hard work with the Focus Group. He commented on the varying opinions of
the group and the difficulty in coming to a consensus regarding the size of homes that should
be allowed to be built in the City. He indicated that focus of the recommendations was on the
smaller lots. He stated that some members of the group wished to maintain the rural character
of the City but that they felt that it is not realistic for a family to live in a house of less than 3-
4,000 sq. ft. He commented on grading on a property to accommodate a larger home and the
how relaxing of the pad coverage would may cause less grading to be done.
Following the discussion, the City Council supported the idea that the Focus Group review
their observations and recommendations and further define their recommendations and
provide examples of why and how the group came to their conclusions. It was suggested that
the recommendations be categorized in three categories; transparency, process and rules.
At 9:07 p.m. the Council adjourned to 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.
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 Labor Negotiator
G.C. 54957.6
City Negotiator: Anton Dahlerbruch, City Manager
Unrepresented Employees: Finance Director, Planning Director, Deputy City Clerk /
Secretary to the City Manager and Clerk Typist / Receptionist.
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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: Rolling Hills Community Association
Under Negotiation: Price and Terms of Payment
The City Council reconvened in open session at 10:50 pm. It was reported that the Council
discussed personnel matters during closed session, that direction was given to the City
Manager and that no reportable action was taken in closed session.
ADTOURNMENT
Hearing no further business before the City Council, Mayor Hill adjourned the meeting at
10:50 p.m. to the next regular meeting of the City Council scheduled to be held on Monday,
May 26, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese
Bend Road, Rolling Hills, California.
Approve
FrargT. Hill
Mayor
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City Council Meeting
05/12/08
Respectfully submitted,
Marilyn Kern
Deputy City Clerk
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