5/11/20091
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, MAY 11, 2009
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Heinsheimer 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, Hill, Mayor Pro Tem Pernell and Mayor Heinsheimer.
Councilmembers Absent: Lay (excused).
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, Interim Deputy City Clerk.
Lt. Greg Ahn, LASD, Lomita Station.
Richard Henke, Chairman, Planning Commission.
Kit Bagnell, Los Angeles County Department of Building and Safety.
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 27, 2009.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Resolution No. 1061 - A Resolution of the City Council of the City of Rolling Hills to
Endorse Measure V - The Parcel Tax Measure for Palos Verdes Peninsula Unified School
District.
RECOMMENDATION: Approve as presented.
D. Correspondence from Cox Communications regarding Channel Changes.
RECOMMENDATION: Receive and file
Councilmember Black requested that item C be removed from the Consent Calendar for individual
consideration. Mayor Heinsheimer so ordered. Councilmember Hill moved that the City Council
approve the items A, B and D on the consent calendar. Councilmember Black seconded the motion,
which carried unanimously by those council members in attendance.
C. Resolution No. 1061 — A Resolution of the City- Council of the City of Rolling Hills to
Endorse Measure V - The Parcel Tax Measure for Palos Verdes Peninsula Unified School
District.
Councilmember Black expressed concern that the percentage of finances related to personnel costs has
not been adequately addressed and stated that he would not support the Measure. Mayor Pro Tem
Pernell asked if the City Council has in the past taken a position on this type of issue. Councilmember
Black stated that the Council typically does not. Mayor Heinsheimer added that the Council has
occasionally taken positions on very local issues, but not on more global issues. Councilmember Black
moved that the City Council not take a position on Measure V. Mayor Pro Tem Pernell seconded the
motion, which carried by the following roll call vote:
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AYES:
Councilmembers Black, Hill and Mayor Pro Tem Pernell.
NOES:
Mayor Heinsheimer.
ABSENT:
Councilmember Lay.
ABSTAIN:
None.
COMMISSION ITEMS
A. RESOLUTION NO. 2009-04. A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE
REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN
AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO
CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94 -A -EF), (HANG JA
YOO).
Planning Director Schwartz presented Planning Commission Resolution No. 2009-04 granting a
variance from the requirement that a stable and corral be constructed or an area for a future stable and
corral be set aside in order to construct an addition at an existing single-family residence located at 13
Outrider Road. She stated that applicant is requesting to be relieved from the requirement to set aside an
area for a stable and corral in order to add a 626 sq. ft. addition to the existing residence. She stated that
the property is unique in that it abuts both Outrider Road and Eastfield Drive. She added that the
residence is located toward the rear of the property, 50 ft. from the Eastfield roadway easement with a
long very steep driveway to Outrider. Additionally, the property has a slope of between 33 and 39% and
the applicant felt that the natural terrain should not be destroyed to set aside an area for stable and corral.
She further stated that no other variances have been requested and all of the other development standards
meet the City code. Planning Director Schwartz stated that the Planning Commission adopted the
Resolution by three votes due to the fact that only three Commissioners were present at the meeting at
which it was presented. She noted however that at the meeting where staff was directed to prepare a
Resolution of adoption all five Commissioners were present and concurred.
Mayor Pro Tem Pernell asked if there was ever a barn and corral space set aside on this property.
Planning Director Schwartz stated that the house was originally built in 1959 when there was no
requirement to set a side a space for a future barn and corral.
Mayor Pro Tem Pernell moved that the City Council receive and file Planning Commission Resolution
No. 2009-04. Councilmember Black seconded the motion, which carried unanimously by those council
members in attendance.
B. RESOLUTION NO. 2009-03. A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW FOR GRADING AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED DISTURBED NET LOT AREA, A MODIFICATION TO A
PREVIOUSLY APPROVED APPLICATION IN ZONING CASE NO. 712, ADOPTED
BY RESOLUTION NO. 2005-29 AT 1 CREST ROAD EAST (LOT 1 -FT), (HUH).
Planning Director Schwartz stated that the Planning Commission adopted the Resolution No. 2009-03
by three votes due to the fact that only three Commissioners were present at the meeting at which it was
presented. She noted however that at the prior meeting where staff was directed to prepare a Resolution
of Adoption all four Commissioners that could vote, voted in concurrence. Commissioner DeRoy
recused herself from the deliberation due to the proximity of her property the subject property.
Planning Director Schwartz stated that the applicant is requesting an as built modification to a previous
approved project. The modification consists of a request to exceed the disturbed area and a modification
to the originally approved grading from 415 cubic yards to 912 cubic yards. She noted that the property
owner, per her testimony, informed the Commission that during the construction process, they realized
that the approved grading was not to their liking because it did not give them adequate yard area and
there were too many steep hills between the pads. At the direction of the property owner, the grading
was changed to create a smoother, gentler slope between the pads. Planning Director Schwartz further
stated that this was done without calling for grading inspection or submitting a modified plan. She
stated that during this process staff administratively approved a modification to the original plans which
moved the proposed guesthouse from the front to the rear of the property. She also noted that during the
construction process it was determined that the existing foundation did not have appropriate footings and
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there was a gap requiring the applicant to dig up to 17 feet down to bedrock to stabilize the foundation.
She added that this resulted in an excess of dirt and it was decided by the applicant and their agents that
the dirt would be spread around the property rather than exporting it: She noted that at the field trip,
Ross Bolton of Bolton Engineering stated that although the graded/disturbed area is larger than
originally approved, the depth of the dirt is shallower resulting is a shallower cut and lower fill. She
stated that the disturbed area was originally approved at 36.9% and the resulting as graded is 54.2%
requiring a variance. She further reviewed the configuration of the lot noting that the lot is 4.8 acres net,
but due to the very large frontage along Crest Road and the lot being along Portuguese Bend Road,
much of the square footage is deducted for roadway easements resulting in a net lot area of 2.7 acres.
She stated that the Planning Commission held several meeting concerning this property, including site
visits and expressed extreme dissatisfaction with the process by which the grading occurred and spoke
very harshly to the parties involved. She further stated that ultimately, the Commission approved the
modification and variance; and in their findings, they found that the as graded is more aesthetically
pleasing and according to the County does not compromising the geology of the property. She added
that during the grading process, the applicant's geologist and soils engineer were present and submitted
reports to the County. She stated that the City also received reports from the County stating that their
geologist approved the grading and keyway.
Mayor Pro. Tem Pernell asked how this came to the City's attention. Planning Director Schwartz
explained that she noticed that the grading didn't appear to match the plans as she drove past the
property and after further investigation confirmed that to be true. Mayor Pro Tem Pernell asked how
this type of situation can be prevented in the future. City Manager Dahlerbruch stated that in moving
forward, the County will be conducting weekly drive by visits of the projects going on in the City. He
further stated that the city expressed in very strong terms to the engineer, grader and geologist that this
type of behavior would not be tolerated in the future.
Councilmember Black moved that the City Council receive and file Planning Commission Resolution
No. 2009-03. Mayor Pro Tem Pernell seconded the motion, which carried unanimously by those council
members in attendance.
PUBLIC HEARINGS
A. RESOLUTION NO. 1060. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS CONSOLIDATING SEVERAL PREVIOUSLY ESTABLISHED
FEE RESOLUTIONS FOR SERVICES PROVIDED BY THE CITY INCLUDING BUT
NOT BE LIMITED TO PLANNING, ZONING AND SUBDIVISION;
ENVIRONMENTAL REVIEWS; ISSUANCE OF CONSTRUCTION PERMITS;
GENERAL ADMINISTRATION AND PROCESSING: TRAFFIC REVIEW AND
VIEW IMPAIRMENT REVIEW: AMENDING CERTAIN FEES AND
ESTABLISHING NEW FEES RELATIVE TO LIGHTING ORDINANCE
IMPLEMENTATION; CONSTRUCTION AND DEMOLITION ORDINANCE
IMPLEMENTATION AND OTHER CITY SERVICES AND CHARGES AND
REPEALING CITY COUNCIL RESOLUTIONS NO. 493, 494, 496, 691, 854, 931
AND 1034.
City Manager Dahlerbruch presented the staff report in support of Resolution No. 1060 which
consolidates several previously established fees resolutions combining them into one Resolution and
establishes new fees relative to the lighting ordinance implementation, construction and demolition
ordinance implementation and other City services and charges. City Manager Dahlerbruch then
reviewed each of the additional fees. He stated that the fees were reviewed by the Budget/Finance
Subcommittee and changes were made based on recommendations from the Subcommittee. Mayor
Heinsheimer opened the public hearing. Hearing no public testimony, Mayor Heinsheimer closed the
public hearing. Mayor Pro Tem Pernell moved that the City Council waive full reading and adopt
Resolution No. 1060. Councilmember Hill seconded the motion, which carried unanimously by those
council members in attendance.
B. ORDINANCE NO. 315 - AN ORDINANCE OF THE CITY OF ROLLING HILLS
PERTAINING TO BARKING DOG AND OTHER ANIMAL NOISES HEARING
PROCEDURES AND AMENDING THE ROLLING HILLS MUNICIPAL CODE AND
DECLARING THE URGENCY THEREOF.
City Manager Dahlerbruch introduced Ordinance No. 315 proposing that the City Manager be given the
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authority to retain a hearing officer, but not be obligated to have one. He stated that the decision
whether or not to have a hearing officer would be case specific to the situation. He stated that the
hearing officer would conduct fact finding and make a recommendation for the City Manager to order.
He stated that before the Council are two ordinances, one an emergency ordinance and one non-
emergency ordinance. The emergency ordinance, Ordinance No. 315-U is due to the fact that there is a
hearing scheduled for which it would be appropriate to have a hearing officer if the Council so chooses.
The second version is Ordinance 315 from which Section 2 should be eliminated. Ordinance No. 315
would be introduced for first reading. Mayor Heinsheimer opened the public hearing. Councilmember
Black stated that he is not in favor of the Ordinance. Councilmember Hill asked City Attorney Jenkins
for clarification of the process. City Attorney Jenkins stated that in some instances, there are occasions
where it is appropriate for the case to be heard by a hearing officer.
Councilmember Hill moved that the City Council waive full reading and adopt Urgency Ordinance No.
315-U. Mayor Pro Tem Pernell seconded the motion and Mayor Heinsheimer called for any opposition.
Hearing opposition from Councilmember Black, the urgency motion failed. Following further
discussion, Ordinance No. 315 was introduced for first reading and full reading was waived. Hearing no
opposition, the second reading and adoption of the Ordinance will occur at the next meeting of the City
Council.
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 Pernell asked about the status of wind load testing of the Southern California Edison
utility poles that are located in the City and suggested that a letter be sent to Edison asking for the
verification that the poles have been wind load tested.
Mayor Pro Tem Pernell also asked if there should be a consequence for engineers/contractors that
continually disregard the City's rules and guidelines concerning development. City Manager
Dahlerbruch stated that the issue would be agendized on a future agenda.
MATTERS FROM STAFF
A. REVIEW OF FY 2009/10 THRU 2014/15 (5 -YEAR) REVENUE PROJECTIONS.
Interim Finance Director Walker reviewed the five-year revenue projections beginning with Fiscal Year
2009/10 and going through 2014/15. Following brief discussion of the economic situation and likely
need that the City would utilize reserves in FY 09-10, the report was received and filed.
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)
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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.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at
8:38p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 25, 2009
beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
By: Godfrey Pernell, Mayor Pro Te
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Respectfully s miffed,
*]j
Heidi Luce
Interim Deputy City Clerk
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