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4/28/1997MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 28,1997 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock 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, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney Larry Courtright, City Treasurer. Lola Ungar, Principal Planner. Nan Huang, Senior Accountant. 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 - Adjourned Regular Meeting of April 14, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of March, 1997. RECOMMENDATION: Approve as presented. d. Correspondence from Cox Communications regarding realignment of some channels and launching of other channels. RECOMMENDATION: Receive and file. e. Information from the Los Angeles County Fire Department regarding Proposition E continuing the existing Benefit Assessment District. RECOMMENDATION: Receive and file. f. Correspondence from BFI regarding monthly Recycling Report for March, 1997. RECOMMENDATION: Receive and file. Mayor Pro Tem Lay moved that Item No. 3E be removed for the purpose of discussion. Councilmember Pernell seconded the motion which carried unanimously. Councilmember Pernell moved that the City Council approve the remaining recommendations in the Consent Calendar. Mayor Pro Tem Lay seconded the motion which carried unanimously. e. Information from the Los Angeles County Fire Department regarding Proposition E continuing the existing Benefit Assessment District. Councilmembers discussed the impact that Proposition E could have on Rolling Hills, surrounding cities and countywide if it failed to receive a two-thirds vote. Minutes City Council Meeting 04/28/97 -1- Mrs. Sheila Hoff, President of the Palos Verdes Peninsula League of Women Voters urged the City Council to adopt a Resolution in support of Proposition E. Hearing no further discussion, and no objection, Mayor Murdock directed staff to prepare a Resolution in support of Proposition E for City Council consideration at the next meeting. CITY COUNCIL REORGANIZATION Councilmember Pernell nominated Mayor Pro Tem Allen Lay for Mayor. Councilmember Hill seconded the motion which carried unanimously. PRESENTATION TO MAYOR TODY MURDOCK RECOGNIZING OUTSTANDING SERVICE DURING 1996-1997 TERM AS MAYOR Mayor Lay presented a plaque and watercolor painting of City Hall to outgoing Mayor Jody Murdock and commended her service as the 1996-1997 Mayor. COMMENTS FROM 1996-1997 MAYOR TODY MURDOCK Outgoing Mayor Jody Murdock reviewed the accomplishments of the City Council during her term and thanked those in attendance for their support. Mayor Lay recessed the meeting at 7:40 p.m. for a reception honoring Jody Murdock for her service as the 1996-1997 Mayor. COMMENTS FROM 1997-1998 MAYOR Mayor Lay reconvened the meeting at 7:55 p.m. He commented on the successes of past Mayors and Councilmembers and stated that it is an honor to serve as the 1997-1998 Mayor. Mayor Lay nominated Councilmember Frank Hill for Mayor Pro Tem. Councilmember Heinsheimer seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. PLANNING COMMISSION ITEMS RESOLUTION NO. 97-7: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 552. MR. & MRS. LEONARD FULLER, 2 PACKSADDLE ROAD (LOT 32 -SF) City Manager Nealis presented the staff report and Resolution No. 97-7 outlining Planning Commission action relative to Zoning Case No. 552. Hearing no discussion Mayor Lay called for a motion. Councilmember Murdock moved that the City Council receive and file Planning Commission Resolution No. 97-7. Councilmember Heinsheimer seconded the motion which carried unanimously . TRAFFIC COMMISSION ITEMS None. Minutes City Council Meeting 04/28/97 -2- PUBLIC HEARINGS None. OLD BUSINESS RESOLUTION NO. 809: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A MODIFICATION TO, A CONDITIONAL USE PERMIT TO RELOCATE A TENNIS COURT TO A BASEMENT BENEATH GARAGES AND STORAGE AREAS AND GRANTING A REQUEST FOR A MODIFICATION TO A SITE PLAN REVIEW TO INCREASE GRADING ON A SITE WHERE A SINGLE FAMILY RESIDENCE, GARAGES, GUEST HOUSE, POOL, TENNIS COURT, AND STABLE HAVE BEEN APPROVED. ) ZONING CASE NO. 548. MR. JOHN Z. BLAZEVICH, 1 BUGGY WHIP DRIVE (LOT 176 -A -MS AND A PORTION OF LOT 176 -MS) City Manager Nealis presented the staff report and Resolution No. 809. He explained the amendments that were made to the conditions in the Resolution as requested by the City Council at the previous meeting and the new concerns raised by neighboring property owners in the staff report. Councilmembers discussed Condition U in the draft Resolution relating to the removal of the redwood trees planted by the applicant. Councilmember Pernell suggested that the applicant be required to remove the trees in a reasonable time rather than just prior to final inspection since construction may take a long time. Councilmembers concurred that the removal of the trees should take place within a specified time. Mr. John Resich, applicant's representative, indicated that the applicant would not have a problem removing the redwood trees prior to the completion of construction. He explained that a number of the trees cannot be removed due to ongoing construction. Mr. Resich stated that the applicant would like to save the trees and relocate them. Discussion ensued regarding Condition V relating to the maximum height of all vegetation planted on the property. In response to Councilmember Murdock, City Attorney Jenkins stated that the City Council may wish to strengthen this condition by creating penalties should the applicant violate this condition. In response to Mr. Resich, Mayor Lay explained that it was not the intent of the City Council to include removal or a height limit on trees that. were previously existing on the property and not planted by the applicant. He also explained that the applicant is not being singled out by this condition but rather that each property in the City has different attributes which are taken into consideration when the Planning Commission or the City Council review zoning cases. Mr. Resich expressed concern that the applicant may be required to maintain the height of certain trees on his property that may not obstruct the view from neighboring properties. Mrs. Dorothy Shen, 15 Crest Road West, expressed concern for the draft Resolution and stated that she would like to have the conditions relative to the height of the building pad and tree removal/height strengthened as stated in her memorandum dated April 16, 1997. In response to Mrs. Shen, Mayor Lay explained that he understands her frustration regarding this case and that the City Council has carefully reviewed her. concerns and addressed her issues in the draft Resolution. In response to the City Council, City Attorney Jenkins suggested that Condition U be amended to read that "the applicant shall remove all redwood trees planted by the applicant within 6 months of the date of approval of this Resolution. Failure to do so shall constitute grounds for issuance of a stop work order and ultimately revocation of the building permit issued for the construction pursuant to this approval." He also suggested Minutes City Council Meeting 04/28/97 -3- that Condition V be amended to read that "a new landscape plan shall be submitted for review and approval by the Planning Department that shall not include any redwood trees or any other vegetation of a type or in a location that is likely to create a view obstruction. The vegetation selected in the landscape plan and any other vegetation planted on the property after the date of approval of this Resolution shall consist of trees that at maturity do not exceed a maximum height of 25 feet as determined by staff (except for vegetation in the canyon north of the residence planted in an area where it will not obstruct any neighbors views) so as to minimize future obstruction of views from properties on Crest Road. All vegetation planted after the date of this Resolution (except for vegetation in the canyon north of the residence planted in an area where it will not obstruct any neighbors views) shall be maintained at a maximum height of 25 feet should the vegetation exceed this maximum height. Nothing herein shall require the removal of trees existing on the property as of the date of this Resolution other than the redwoods required to be removed pursuant to Condition U. If vegetation planted after the date hereof staff (except for vegetation in the canyon north of the residence planted in an area where it will not obstruct any neighbors views) exceeds 25 feet in height and after notice to the applicant and reasonable opportunity for the trees to be appropriately trimmed the applicant hereby gives permission for the City to enter upon the property to take appropriate action to lower the height otherwise trim the trees at the property owners expense. If after receipt of an invoice for reimbursement to the City of the cost of that work the property owner fails to make payment the City is hereby authorized to place a lien on the property for collection of the tree trimming fees." Mrs. Margaret Bemis, 11 Crest Road West, expressed concern for the twenty-five foot height limit. In response to Mrs. Bemis, Mayor Lay explained that it will be a requirement of the landscape plan not to allow any trees in the area adjacent to her property. Discussion ensued regarding the condition in the Resolution which requires that the landscape plan shall be designed so as not to obstruct views of neighboring properties. In response to Councilmember Murdock, City Manager Nealis explained that the twenty-five foot height limit and view obstruction language in the Resolution provide staff the necessary leverage to ensure that the required landscape plan will not include any vegetation that will obstruct the view from neighboring properties. He stated that staff will ensure that the neighboring property owners will have an opportunity to review the landscape plan before it is approved. Hearing no further discussion, Mayor Lay called for a motion. Councilmember Pernell moved that the City Council adopt Resolution No. 809 as amended to reflect the changes to Conditions U and V relating to landscape improvements and view obstruction prevention from neighboring properties as stated by the City Attorney. Mayor Pro Tem Hill seconded the motion which carried unanimously. (Heinsheimer abstained) NEW BUSINESS CONSIDERATION OF THE COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. RESOLUTION NO. 807: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING A REIMBURSABLE CONTRACT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. RESOLUTION NO. 808: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING AMENDMENT NUMBER 3 TO THE COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM REIMBURSABLE CONTRACT NO. 68296 WITH THE CITY OF ROLLING HILLS. City Manger Nealis presented the staff report and Resolution Nos. 807 and 808. Hearing no discussion May Lay called for a motion. Councilmember Murdock moved that the City Council adopt Resolution No. 807 and Resolution No. 808. Mayor Pro Tem Hill seconded the motion which carried unanimously. Minutes City Council Meeting 04/28/97 -4- 1 CONSIDERATION OF A RECOMMENDATION OF THE BUDGET/FINANCE SUBCOMMITTEE REGARDING AN. APPLICATION TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY FOR MUNICIPAL LIABILITY INSURANCE. City Manager Nealis presented the staff report and recommendation of the Budget/Finance Subcommittee. He reported that since the preparation of the staff report, it has been reported that the excess pool payment is not longer required. Hearing no objection, Mayor Lay directed that staff be authorized to expend $1,500 for the application fee and proceed with the application for general municipal liability insurance with the California Joint Powers Insurance Authority. CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Lay requested that Councilmembers express their preferences regarding committee assignments to staff for appointment at the next City Council meeting. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF DATES FOR THE CITY COUNCIL/RHCA BOARD OF DIRECTORS JOINT MEETING. After reviewing the calendar presented by staff, the City Council selected the dates of August 6 or August 13, 1997 for a joint meeting with the RHCA Board of Directors. It was suggested that the meeting begin at 7:00 p.m. • Councilmember Pernell commented on the Regional Law Enforcement Meeting held on Thursday, April 24, 1997. . MATTERS FROM STAFF • City Treasurer Larry Courtright reported that the City has again received the GFOA Distinguished Budget Award and commended City Manager Craig Nealis and Senior Accountant Nan Huang for their understanding and diligence in preparing the City's budget document each year. • City Manager Nealis reported that 4th District Supervisor Don Knabe has rescheduled a visit with the City Council to June 9, 1997 at 7:00 p.m. He also reported that AB 964 (Bowen) relating to alternative daily cover failed in the Assembly Policy Committee. MATTERS FROM THE CITY ATTORNEY None. ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:00 p.m., to the next regular meeting of the City Council to be held on Monday, May 12, 1997, beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. Approved, 1$/AIIen La y Mayor Minutes City Council Meeting 04/28/97 Respectfully submitted, Marilyn L. Kern Deputy City Clerk -5-