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1/22/1996 . � _, t,.-�...� � � MINUTES OF A REGULAR MEETING OF THE CI'TY COUIVCIL OF.THE CITY OF ROLLING HILLS,CALIFORNIA JANUARY 22, 1996 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:33 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: Lay (excused). Others Present: Craig R. Nealis, City Manager. Lola Ungar, Principal Ungar. Marilyn L. Kern, Deputy City Clerk. Captain Beth Dickinson, Los Angeles County Sheriff's Department, 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 January 8, 1996. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of December, 1995. RECOMMENDATION: Approve as presented. d. Notice of Completion for the 1995-1996 Citywide Replacement of Traffic Striping and Pavement Markings Project. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations contained in the Consent Calendar. Mayor Pro Tem Murdock seconded the motion which passed unanimously. SPECIAL PRESENTATIONS PRESENTATION OF A PLAQUE TO ROGER FROST FOR HIS DEDICATED SERVICE ON THE CITY OF ROLLING HILLS PLANNING COMMISSION. Mayor Pernell presented a plaque to Roger Frost in appreciation for his many years of volunteer service to the City as a member of the Planning Commission. PLANNING COMMISSION ITEMS RESOLUTION NO. 96-1: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A STABLE WITH LOFT AND CORRAL AREA THAT REQUIRE GRADING IN ZONING CASE NO. 535. Mr. Bernard Howroyd, 7 Maverick Lane, Rolling Hills (Lot 28-SK). Minutes City Council Meeting � Ol/22/96 -1- Hearing no objection, Mayor Pernell ordered that Planning Commission Resolution No. 96-1 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 453, SUBDIVISION NO. 86 AND TENTATIVE PARCEL MAP NO. 21444 REQUEST FOR A PROPOSED 3-LOT SUBDIVISION OF LAND AT LOTS 89-A-RH, 89-C-RH, AND 92-RH, AND CURRENTLY, 25 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY MRS. DOTHA S. WELBOURN. LOTS 89-A-RH, 89-C- RH, AND 92-RH, CONSIST OF 13.7 ACRES GROSS TO BE DIVIDED INTO THREE PARCELS AS FOLLOWS: PARCEL 1 - 8.40 ACRES GROSS, 6.53 ACRES NET; PARCEL 2 - 3.02 ACRES GROSS, 2.39 ACRES NET; AND PARCEL 3 - 2.80 ACRES GROSS, 2.12 ACRES NET. City Manager Nealis reported that the subject zoning case was continued by the Planning Commission at their meeting on January 16, 1996. He stated that this project had been advertised for a public hearing before the City Council in anticipation of a Planning Commission recommendation. Hearing no objection, Mayor Pernell ordered that the public hearing regarding Zoning Case No. 453 be continued to the City Council meeting to be held on Tuesday, February 13, 1996. ZONING CASE NO. 520, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP NO. 23991 REQUEST FOR A PROPOSED 2-LOT SUBDIVISION OF LAND AT LOT 79-RH, AND CURRENTLY, 17 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY DR. ROBERT W. MARSHALL. LOT 79-RH CONSISTS OF 5.39 ACRES GROSS TO BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.896 ACRES GROSS, 2.242 ACRES NET; AND PARCEL 2 - 2.520 ACRE� GROSS, 2.046 ACRES NET. City Manager Nealis presented the staff report outlining revised plans submitted by the applicant as well as previous Planning Commission recommendations and City C�uncil action regarding the proposed subdivision. Mayor Pernell opened the continued public hearing. Mayor Pro Tem Murdock stated that she feels that if the applicant's revised plan adequately addresses the ?'lanning Commission's concerns relative to this project, that she would have no problem in asking the applicant to re-submit the plans to the Planning Commission. Mayor Pro Tem Murdock reviewed the City Council's policy of not reviewing a revised plan once the , Planning Commission has acted upon a Site Plan Review, Conditional Use Permit or Variance case. Councilmembers concurred that Mayor Pro Tem Murdock's suggestion regarding requesting that the applicant submit the revised plans to the Planning Commission for review would be the best solution. Councilmembers discussed the time constraints relative to City Council action on subdivision cases and the fees that the applicant would need to pay for the submittal of a � revised plan. City Attorney Jenkins stated that the Council could request an agreement from the applicant waiving the time deadlines. He also stated that the City Council may wish to consider additional fees to be paid by the applicant for staff and Planning Commission review of the revised plan. Discussion ensued regarding the planning processing fees. In response to Mayor Pernell, Mayor Pro Tem Murdock stated that a fee of 50% of the original fee paid by the applicant to cover review of the revised plan would be adequate. Minutes City Council Meeting 01/22/96 -2- � � :� �;> . -- , t � _ � �. , Mayor Pernell suggested that the City Council continue discussion regarding this case later on the agenda to allow time for the appli�cantys;frepresentative to discuss the action that the City Council is considering with the applicanE,i�Hearing no objection, Mayor Pernell so ordered. � -"T �� � - OLD BUSINESS � CONSIDERATION OF .APPOINTMENTS TO THE PLANNING COMMISSION (REPORT FROM THE PERSONNEL SUBCOMMITTEE). � City Manager Nealis presented the staff report. Mayor Pro Tem Murdock stated that five applicants were interviewed� by the Personnel Subcommittee. She stated that it was gratifying to see that so many residents interested in serving on the Planning Commission and reported that it was a difficult recommendation. Mayor Pro Tem Murdock reported that the Personnel Subcommittee recommends the appointment of Roger Sommer to the Planning Commission. � � Mayor Pro Tem Murdock moved that the City Council appoint Roger Sommer to the Planning Commission, filling the. 1-year term vacancy. Councilmember Heinsheimer seconded the motion which passed unanimously. Mayor Pernell thanked the Personnel Subcommittee and commended the residents who submitted letters of interest to serve on the Planning Commission. NEW BUSINESS RESOLUTION NO. 774: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT PROPERTY PURSUANT TO SECTION 21107.7 (a) OF THE CALIFORNIA VEHICLE CODE. � � - City Manager Nealis presented the staff report outlining the Palos Verdes Peninsula Unified School District's request that the California Vehicle Code be enforced on the roadway leading to the District Maintenance Facility and Rancho Del Mar High School. In response to Mayor Pernell, City Manager Nealis reported that the City conducts speed surveys on Rolling Hills roadways every five years for radar enforcement. City Manager Nealis also explained how speed limits are established. In response to Mayor Pernell, City Manager Nealis explained that by adoption of this resolution, the City Council would not be responsible for the uplceep or striping of the roadway. City Attorney Jenkins stated that the City would be in a position to discuss with the.District any needed repairs of the roadway liowever by adopting Resolution No. 774, the City would not be obligated to repair the roadway. City Attorney Jenkins also stated that the roadway is on private property and that the City Council's action relative to Resolution No. 774 is a statutory procedure to accommodate the owner. � Councilmembers discussed the signs that will be posted warning motorists that the California Vehicle Code will be enforced on this roadway. City Manager Nealis explained that all costs related to the signs will be paid for by the School District. • In response to Dr. Richard Henke, 7 Crest Road West, City Manager Nealis stated that the City's law enforcement costs will not increase because of the enforcement of the vehicle code on this roadway. He reported that�no extra time will be allocated to this area since the School District is located within the boundary of the City of Rolling Hills and is currently patrolled under the law enforcement contract with the Sheriff's Department. In response. to Dr. Henke, City Attorney Jenkins explained that for the Minutes City Council Meeting , 01/22/96 -3- purposes of law enforcement, no distinction is made as to whether the roadways are under the jurisdiction of the Rolling Hills Community Association or private property owners. • In response to Mrs. Joan Foxx, 3 Lower Blackwater Canyon Road, City Manager Nealis explained the signage that will be placed on the roadway pursuant to Section 3 of Resolution No. 774. Councilmembers discussed amending the Resolution to create assurances that the adoption of Resolution No. 774 will not create additional costs for law enforcement, sign or roadway maintenance. City Attorney Jenkins explained the City's control of law enforcement hours spent within the City through a contract with the Los Angeles County Sheriff's Department. �Ie explained that acloption of this Resolution is administratively necessary to allow the Sheriff's Department to enforce the California Vehicle Code on this roadway. City Manager Nealis stated that he will work closely with the Sheriff's Department to ensure that traffic patrol in that area will not become burdensome to the City. Councilmember Hill stated that he feels that an amendment to the Resolution would be prudent. Councilmember Heinsheimer stated that since this roadway is within the boundaries of ° the City and the City Attorney has advised that an administrative remedy is necessary to allow for the enforcement of the California Vehicle Code on this roadway, that he feels an additional clause in the Resolution is not necessary. In response to Councilmember Hill, Mayor Pernell explained that if a problem arises in the future that the City Council and/or ° staff could address it with the Sheriff's Department or the School District at that time. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 774. Mayor Pro Tem Murdock seconded the motion which passed unanimously. PUBLIC HEARING CONTINUED ZONING CASE NO. 520, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP NO. 23991 REQUEST FOR A PROPOSED 2-LOT SUBDIVISION OF LAND AT LOT 79-RH, AND CURRENTLY, 17 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY DR. ROBERT W. MARSHALL. LOT 79-RH CONSISTS OF 5.39 ACRES GROSS TO BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.896 ACRES GROSS, 2.242 ACRES NET; AND PARCEL 2 - 2.520 ACRES GROSS, 2.046 ACRES NET. Mayor Pernell opened the continued public hearing and called for testimony. Mr. Doug McHattie, South Bay Engineering, stated that the applicant appreciates the opportunity to present a revised subdivision plan to the Planning Commission and that he is willing to agree to submit in writing any time extensions necessary. • Dr. James Roberts, 15 Portuguese Bend Road, stated that he objects to the new plan. He stated that he feels that one of the concerns raised by the Planning Commission was that the grade of the proposed driveway was greater than 12% and that the revised plan calls for a 13% grade which is still greater than 12% which was established in the General Plan that was worked on by many members of the community. Dr. Roberts also explained that upon viewing the property from another site with Mr. Don Gales, that Mr. Gales feels that there will be habitat destruction and that the suggested lollypopping of the bushes would not be conducive to wildlife living in the area. In response to Dr. Roberts, Mayor Pernell stated that there is no indication that the City Council is supporting or approving the proposed new plans. He indicated that the City Council feels that the new plan simply addresses concerns raised by the Planning Commission during their review and would like for them to review the revised plan. Minutes City Council Meeting 01/22/96 -4- L e�' h ..k_i �_�',� 1 G JX°i�"A�lE`y4,,y-s,�'�S'a � �, . • Mr. Joan Foxx, 3 Lower Blackwater Canyon Road, stated that she has not had the opportunity to review the new plan but indicated that it seem to her that there is still too much grading. Mrs. Foxx expressed concern for the view of the proposed subdivision from her property �,S�he�;��also �pressed concern for the lollypopping method of brush clearance on the propo`sed subdivision and the Fire Department brush clearance requirements for her property. In response to Mrs. Foxx, Mayor Pernell stated that the applicant will be reapplying for his subdivision and that all parties within 1,000 feet of the proposed subdivision will be noticed regarding the public hearing before the Planning Commission. • . Ms. Judy Macleod, 14 Portuguese Bend Road, stated that she is concerned regarding the view of the proposed subdivision from her property and that some of her neighbors are also concerned regarding the impact of the subdivision in the area. In response to Ms. Macleod, Mayor Pernell stated that those persons giving public testimony this evening regar.ding� the new plan will, have an opportunity to voice their concerns at the Planning Commission public hearing regarding this matter. Ms. Macleod stated that she has further concerns and would like to express them this evening since it is difficult for her to attend evening meetings. Mayor Pernell stated that the Planning Commission will accept written or oral testimony for their review. Mayor Pernell closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council recommend that the new plan presented by the applicant be submitted to the Planning Commission for review and that the fees for this review be reduced by 50%. Mayor Pro Tem Murdock seconded the motion which passed unanimously. OPEN AGENDA -APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME • Dr. Richard Henke, Member, Rolling Hills Community Association Board of Directors provided an update on the Association's efforts to have the Southern California Edison Company return the utility vault located on Crest Road, just east of Portuguese Bend Road, underground. The City Council expressed their support for the Association's effort and requested staff to place a presentation from Southern California Edison regarding the status of this matter on an upcoming agenda. • Mrs. Joan Foxx, 3 Lower Blackwater Canyon Road, commended the Community Association and the City for allowing the Women's Community Club to host the Children's Holiday Party on the City Hall/Community Association grounds. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Councilmember Hill commended staff for coordinating the Holiday Open House. • Mayor Pernell stated that he would like the City Council to recognize the contributions made by the volunteers who serve on City Commissions and Committees. Staff was directed to prepare an agenda item regarding a future volunteer appreciation event. MATTERS FROM STAFF • City Manager Nealis provided an update to the City Council regarding a recent dog attack animal affidavit received by the City. Staff was directed to draft an amendment to the Municipal Code that would provide additional enforcement options when an animal ordered confined to a property for killing an animal or biting a human continues to roam at large in violation of the confinement restrictions. • City Manager Nealis reported that Battalion Chief Gordon Pearson is back on duty after recovering from heart surgery. Minutes City Council Meeting 01/22/96 -5- MATTERS FROM THE CITY ATTORNEY None. ADTOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:35 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, February 12, 1996. Respectfully submitted, '��� • °,Z" Marilyn L. Ke n Deputy City Clerk Approved, _ � God � y Pernell, . . Mayor � Minutes City Council Meeting 01/22/96 -6-