2/14/2011MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, FEBRUARY 14, 2011
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell
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, Heinsheimer, Hill and Mayor Pernell.
Councilmembers Absent: Mayor Pro Tem Lay.
Others Present: Anton Dahlerbruch, City Manager.
Elizabeth Calciano, Assistant City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, Deputy City Clerk.
John Resich, 8 Outrider Road.
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 - (1) Adjourned Regular Meeting (AB 1234 Ethics Training) of January 24, 2011
and (2) Regular Meeting of January 24, 2011.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Correspondence from Cox Communications regarding Price Changes Effective March 1,
2011
RECOMMENDATION: Approve as .presented.
Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar.
Councilmember Black seconded the motion, which carried without objection.
COMMISSION ITEMS
RESOLUTION NO. 2011-01. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR GRADING
AND AS BUILT DRAINAGE DEVICES AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBED NET LOT AREA OF THE LOT, IN ZONING CASE
NO. 799, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). THE PROJECT IS
EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), PURSUANT TO SECTIONS 15304 AND 15061(b)(3) OF THE
ACT.
Councilmember Black recused himself from consideration of this item because he is the applicant. He
left the dais and took a seat in the audience. Planning Director Schwartz presented the staff report and
background pertaining to Planning Commission Resolution No. 2011-01 granting approval of a site plan
review for grading and as built drainage devices; and granting a variance to exceed the maximum
permitted disturbed net lot area of the lot in Zoning Case No. 799 at 2 Appaloosa Lane. She stated that
over several years, the applicant was allowed to bring in dirt to fill in the fissures that were caused by
erosion due to rainstorms. She stated that in 2010 the applicant was allowed to bring in up to 500 cubic
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yards of dirt for further erosion repair and that the grading that resulted from that project was over 2,000
sq. ft. and higher than 3 ft. which would thus require Planning Commission approval. She further stated
that the drainage devices that were installed would also require review and approval by the Los Angeles
County Department of Building and Safety. She stated that the applicant subsequently submitted a plan
to retain the as graded condition and as built drainage devices. She further stated that the applicant will
also be required to obtain a covenant agreement with the property owner at 3 Appaloosa Lane for
encroachment onto that property. She stated additionally that there was also a small amount of grading
done on the adjacent property at 4 Appaloosa Lane and that as a condition of approval, that grading
would be removed. She further reviewed the final plans as approved by the Planning Commission and
provided an overview of the request for a variance to exceed the maximum permitted disturbed area.
Planning Director Schwartz then reviewed the landscaping plan as approved by the Planning
Commission. She stated that the Planning Commission approved this case on a vote of 2-1 with
Commissioners Chelf and DeRoy absent from the vote. Discussion ensued concerning the letter of
objection received from the Scharffenbergers regarding the import of dirt.
Mayor Pernell stated that it has been past practice, almost without exception, that when a project is
approved by such a split vote, the City Council takes the case under jurisdiction. Mayor Pernell then
asked for public comment.
Jim Black, 2 Appaloosa Lane (applicant) addressed the City Council stating that he has had to fix the
drainage issues caused by water coming from other properties several times over the years. He reviewed
the previous and current drainage issues stating that his intent was to fix the drainage problems and that
the plan that was approved by the Planning Commission does so.
John Resich, 8 Outrider Road addressed the City Council stating that he has had numerous people
inquire with him regarding the import of dirt into the City and that there is an impression that the rules
regarding the import of dirt are not enforced equally. He stated that he would like to see the City Council
take jurisdiction over this case to compare the topography of the area.
Following public comment and discussion, Mayor Pernell moved that the City Council take Planning
Commission Resolution No. 2011-01 in Zoning Case No. 799 at 2 Appaloosa Lane under jurisdiction
for further consideration and public hearing. Councilmember Heinsheimer seconded the motion, which
carried unanimously by those Councilmembers in attendance. A field trip to visit the subject property
was tentatively scheduled for Monday, February 28, 2011 with the time and date to be confirmed by
staff and noticed accordingly. Councilmember Black returned to his seat at the dais.
PUBLIC HEARINGS
None.
OLD BUSINESS
None.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None
MATTERS FROM MEMBERS OF THE CITY COUNCIL
A. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT
COMMITTEE MEETING (ORAL).
Councilmember Hill provided an update on the discussions that occurred at the Palos Verdes Regional
Law Enforcement Committee meeting held on Thursday, February 10, 2011. He stated that overall,
crime is down, Sheriff's Dept. response time is down and ambulance service is good with superior
response times. No action was taken.
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MATTERS FROM STAFF
City Manager Dahlerbruch reported that before contacting the State Controller to return the City's excess
COPS funds, he will be contacting the Sheriffs Department to discuss a legislative alternative that might
provide the funds to the Sheriff Department for use consistent with their intended purposes and within
the County where the funds are needed. The City Manager also mentioned a conversation he had earlier
in the day with Mr. LaCaze concerning the CJPIA's remediation project at 1 Poppy Trail.
In response to Mayor Pernell's inquiry, City Manager Dahlerbruch provided an update on staff s efforts
relative to solar panels.
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.
No closed session was held.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:23 p.m.
The next regular meeting of the City Council is scheduled to be held on Monday, February 28, 2011
beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
Respectfully submitted,
Heidi Luce
Deputy City Clerk
Approved,
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