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3/26/2001MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 26, 2001 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Principal Planner. Marilyn Kern, Deputy City Clerk. 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 - Meeting of February 26, 2001. RECOMMENDATION: Approve as presented. b. Payment of Bills—March 12, 2001 and March 26, 2001. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of February, 2001. RECOMMENDATION: Approve as presented. d. FY 2001-2002 City of Rolling Hills Budget Preparation Memorandum. RECOMMENDATION: Receive and file. e. Approval of attendance at the California Contract Cities Association 42"d Annual Palm Springs Municipal Seminar—May 17-20,2001. RECOMMENDATION: Approve as presented. f. Consideration of participation in Household Hazardous Waste Grant Application. RECOMMENDATION: Approve as presented. g. Southern California Gas Company Notice to Customers—Application No. A.01- 01-021 filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. h. BFI Recycling Tonnage Report for February, 2001. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2001-06: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A SITE PLAN REVIEW TO CONSTRUCT A SUBSTANTIAL ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE AT 2724 PALOS VERDES DRIVE NORTH IN ZONING CASE NO. 627. Mr. Gabor Korody, 2724 Palos Verdes Drive North, (Lot 990-RH). City Manager Nealis presented the staff report outlining the applicant's request and providing background regardng the property and Planning Commission action relative to Zoning Case No. 627. Hearing no discussion, Mayor Pernell orderded that Resolution No. 2001-06 be received and filed. Minutes City Council Meeting 03/26/01 -1- RESOLUTION NO. 2001-07: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK WITH A GARAGE ADDITION AND SITE PLAN REVIEW TO CONSTRUCT A SUBSTANTIAL ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE AT 10 PORTUGUESE BEND ROAD IN ZONING CASE NO. 626. Mr. & Mrs. Hwung-Hsiang Hwung,10 Portuguese Bend Road, (Lot 52-RH). City Manager Nealis presented the staff report outlining the applicant's request and providing background regardng the property and Planning Commission action relative to Zoning Case No. 626. Discussion ensued regarding the size of the proposed improvements. City Manager Nealis explained that the neighboring property owner had originally expressed concern for the proposed project. He described the conditions that were included in the resolution of approval designed to address those concerns. He also explained that the resolution contains the clause that any modifications that constitute additional structural development must come back before the Planning Commission. Hearing no further discussion, Mayor Pernell ordered that Resolution No. 2001-07 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS -Continued CONSIDERATION OF A PROPOSED ORDINANCE NO. 287: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO ESTABLISH EXTERIOR LIGHTING STANDARDS AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report providing background regarding the proposed ordinance. Mayor Pernell opened the continued public hearing and called for testimony. Hearing none and no discussion, he called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 287. Councilmember Lay seconded the motion which carried unanimously. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 900: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS WHICH ESTABLISHES PROCEDURES, STANDARDS AND FEES FOR PROCESSING RETROACTIVE PERMITS. City Manager Nealis presented the staff report providing background regarding Resolution No. 900. Mayor Pro Tem Murdock moved that the City Council adopt Resolution No. 900. Councilmember Hill seconded the motion. In response to Councilmember Heinsheimer, City Manager Nealis explained that when staff discovers that unauthorized construction activity has taken place, that the staff gives the person the opportunity to remove the unauthorized construction or apply for required approvals through the Planning Commission process. He said that if the person does not comply, that the case would be referred to the District Attorney with the assistance of the City Attorney. He explained a case in the City where this action caused the removal of an unauthorized tennis court. Discussion ensued regarding the fees charged by the City for various permits and the additional fee that would be added if the project is brought to the City in an as -built condition. City Manager Nealis explained that the additional $400 fee was established in Resolution No. 854 adopted by the City Council in January, 1999. He further explained that Resolution No. 900 being considered by the City Council this evening explains to the Planning Commission and public that retroactive permits will be reviewed with the same criteria as if the construction had not yet occurred. Councilmembers discussed the difficulty in reviewing as - built projects. Minutes City Council Meeting 03/26/01 -2- Councilmember Heinsheimer commented on the use of the term "illegal" in the resolution. City Manager Nealis explained that the Planning Commission debated the use of this term as well and discussed other words that could be used instead and that the Commission ultimately returned to the use of the term "illegal". Councilmember Heinsheimer commented on a recent as -built case that was previously under consideration by the City Council where the applicant took exception to the use of the term "illegal" for the as -built project. Mayor Pro Tem Murdock stated that she feels that the term "illegal" may deter professionals from working on non -approved projects in the City and to re -consider constructing a project without the benefit of proper permits. Councilmember Lay commented that perhaps the City should consider licensing the professionals working in the City. Councilmember Heinsheimer suggested that the City Council may wish to consider selecting a different word than "illegal" in the resolution. City Attorney Jenkins stated that there are a number of words that may be used in lieu of "illegal". Councilmember Heinsheimer expressed that perhaps the City Council may wish to consider differentiating between projects that could be built if proper permits or discretionary approvals had been obtained as opposed to projects that are not permitted by the Municipal Code. Hearing no further discussion, with the consensus of the entire City Council, the motion and second were withdrawn and Mayor Pernell continued consideration of Resolution No. 900 to the next regular meeting of the City Council. City Attorney Jenkins was directed to return with a revised version of the resolution to address "unauthorized" as opposed to "illegal" construction. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Hill commented on the undergrounding of utilities and expressed concern regarding a potential financial risk to the City in the development phase and construction of an undergrounding project given the current status of the Edison Company. In response to Councilmember Hill, City Attorney Jenkins explained the process of hiring a private contractor for the construction of trenches and conduit for underground utilities. He said that after completion of that phase, Edison would place the wires and remove poles. Discussion ensued regarding when funds would be forwarded to Edison if an underground project were to be implemented in the City. Councilmembers discussed the petition process and that this project is only in the beginning stages. Councilmember Lay commented on the length of time that it takes for the process of establishing an underground utility district and stated that Edison financial conditions may change by the time such a project is ready for construction. Councilmembers also discussed the expenditure of funds for the Feasibility Study and possible further expenditures during the petition gathering stage. Councilmember Lay expressed that he feels that there may not be enough interest in the community for the project to warrant further expenditure. In response to Councilmember Hill, Councilmember Heinsheimer stated that the City Council shares his concern and if the district moves forward that the' City Council will take care in addressing a prudent way of accomplishing design and construction of an underground utility system with minimum financial exposure to the City. Councilmember Hill reported that he will be attending the South Bay Energy Summit on Thursday, March 29, 2001. Councilmember Heinsheimer reported that the City/RHCA Underground Ad Hoc Subcommittee met and that they reviewed a consultant agreement with MuniFinancial to further assist the City during the petition phase of this project. He said that this agreement will be presented to the City Council for review at their next meeting and that the RHCA will be considering sharing the cost with the City for this agreement. He also said that the intent of the Committee is to attend neighborhood meetings to explain the contents of the Feasibility Study. He stated that the goal is to present another report at the next RHCA annual meeting. Mayor Pernell commented on his attendance at a reception hosted by Governor Gray Davis for the President of Mexico. He also indicated that the Sanitation District will be scheduling their annual ocean inspection trips. Mayor Pernell requested that staff solicit publicity with the PV News for the recognition of Wildlife Preservation Committee Member Don Gales as an Outstanding Older American by the Los Angeles County Commission on Aging. Mayor Pernell reported that he will be hosting an appreciation luncheon for City staff on Monday, April 9, 2001. Minutes City Council Meeting 03/26/01 -3- Mayor Pro Tem Murdock reported that her mailbox was vandalized over the weekend. MATTERS FROM STAFF City Manager Nealis reported that the descendants of Walter Storm had offered to donate some form of remembrance on his behalf. In response to City Manager Nealis, the City Council indicated that maintenance and the naming of a trail bisecting the Storm property would be a wonderful tribute to the late Walter Storm and would be appreciated by the community. City Manager Nealis was directed to forward this suggestion to representatives of the Storms. MATTERS FROM THE CITY ATTORNEY CONSIDERATION OF THE 11TH AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT. City Attorney Jenkins presented the staff report and the amendment to the employment agreement that was prepared in accordance with the recommendation of the Personnel Subcommittee. Mayor Pro Tem Murdock moved that the City Council approve the 11th Amendment to the City Manager's employment agreement. Councilmember Hill seconded the motion which carried unanimously. Mayor Pro Tem Murdock indicated that the City Manager does good job and serves the City well. In response to Councilmember Heinsheimer, City Manager Nealis indicated that the insurance arrangements pursuant to the agreement are satisfactory. Mayor Pernell expressed his personal appreciation to the City Manager and stated that it is always a pleasure to work with him. ADTOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:27 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, April 9, 2001 in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Minutes City Council Meeting 03/26/01 Respectfully submitted, Marilyn L. Kern Deputy City Clerk -4- 1�' r°