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11/13/20011 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 13, 2001 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 6:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Pernell and Mayor Murdock. Councilmembers Absent: Heinsheimer and Mayor Pro Tem Lay (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Principal Planner. Marilyn Kern, Deputy City Clerk. Captain Jay Zuanich, 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 - Meeting of October 22, 2001. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Notice of Completion for the Exterior Painting of City Hall Project. RECOMMENDATION: Approve as presented. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS ZONING CASE NO. 596B (MOD. #2) RESOLUTION NO. 2001-19. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION NO. 2 TO PLANNING COMMISSION RESOLUTION NO. 99-15 AND RESOLUTION NO. 2001-05 APPROVING A VARIANCE REQUEST TO CONSTRUCT RETAINING WALLS WHICH ENCROACH INTO THE FRONT YARD SETBACK AND WHICH ARE LOCATED ALONG THE EXISTING DRIVEWAY, AND DENYING A VARIANCE REQUEST TO CONSTRUCT A DECORATIVE WALL WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 60 EASTFIELD DRIVE IN ZONING CASE NO. 596B (MOD. #2). Mr. Robert Wolfenden, 60 Eastfield Drive (Lot 104-A & 105) City Manager Nealis presented the staff report highlighting that this case was continued from the October 22, 2001, City Council meeting so that staff could determine whether the Community Association had approved the height of one of the retaining walls included in the application. He indicated that a memorandum from RHCA Manager Peggy Minor had been received today and that it has been placed before the Council this evening. He stated that the RHCA has approved the height of the "as -built" walls. City Manager Nealis also reported that the applicant is considering appealing the denial of a Variance request to construct a decorative wall that would encroach into the side yard setback. In response to Councilmember Pernell, City Attorney Jenkins indicated that an appeal of the denial portion of this request would allow the City Council to review the complete application. After brief discussion, Councilmember Hill moved that the City Council receive and file Resolution 2001-19. Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting 11/13/01 -1- ZONING CASE NO. 637 RESOLUTION NO. 2001-20. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, GUEST HOUSE, POOL AND A FUTURE STABLE; GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE; GRANTING A VARIANCE TO ENCROACH WITH A 4 FOOT HIGH RETAINING WALL INTO THE FRONT YARD SETBACK AND GRANTING A VARIANCE TO PERMIT THE GUEST HOUSE TO ENCROACH TEN FEET INTO THE REQUIRED SIDE YARD SETBACK AT 1 SAGEBRUSH LANE IN ZONING CASE NO 637. Mr. Tony Fan,1 Sagebrush Lane (Lot 100-A-2-RH) City Manager Nealis presented the staff report indicating that this case was continued from the October 22, 2001 City Council meeting so that staff could verify how the applicant determined the net lot area and disturbed area calculations for the subject property. City Manager Nealis reported that the private driveway that dissects this property had been excluded from the net lot area as required by the Municipal Code, but had not been calculated as disturbed. He stated that staff also learned that the portion of the property along the northerly property line where a 25 foot easement exists was not excluded from the net lot area as required by the Municipal Code, both of which had an impact on the lot calculations. He stated that in discussing this with the applicant's representative, the applicant is planning on amending this application and seeking a reduction of an easement from the Rolling Hills Community Association which could have an impact on the calculations for this project. City Manager Nealis recommended that the City Council take this case under jurisdiction and remand this Zoning Case back to the Planning Commission for review of the amended application. Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council take jurisdiction of Zoning Case No. 637 and remand it back to the Planning Commission for consideration. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. ZONING CASE NO. 640 RESOLUTION NO. 2001-23. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A GARAGE ADDITION, AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 Mr. & Mrs. Ian MacLeod, 3 Middleridge Lane South (Lot 253 -B -UR) Principal Planner Schwartz presented the staff report outlining the applicants' request to construct a 156 sq. ft. addition to the garage area that would encroach 6 feet into the south side yard setback and provided background regarding the property as well as Planning Commission action relative to Zoning Case No. 640. Hearing no discussion or objection, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council receive and file Resolution No. 2001-23. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS Mayor Murdock requested that consideration of an agreement between the City and Palos Verdes Peninsula Unified School District be considered at this time. Hearing no objection this was so ordered. Minutes City Council Meeting 11/13/01 -2- 1 CONSIDERATION OF A THIRD AMENDED AGREEMENT BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT. City Manager Nealis presented the staff report outlining the School District's plans to introduce adult education programs at their Rancho del Mar facility in the City. He also provided information regarding the agreement that had been prepared by the City Attorney relating to education activities at the site. City Manager Nealis also reported that four portable classrooms would be erected during renovations at the facility and that two of those would remain. In response to Councilmember Pernell, City Manager Nealis explained that the portable classrooms would be located to the southwest of the existing school facility. City Manager Nealis indicated that correspondence had been received from Mrs. Christa Hawkins, 37 Crest Road West, expressing concern regarding the proposed adult education programs and the agreement. Discussion ensued regarding classes being offered during the evening hours. Councilmember Pernell commended the District on their willingness to work and communicate with the City regarding this issue. Councilmember Pernell expressed concern that activity from the evening adult classes might have an effect on Rolling Hills residents that live in the area. City Manager Nealis explained that the District has indicated that no students would remain at the facility after 9:30 p.m. Discussion ensued regarding establishing a lower number of adult students after 4:00 p.m. and 7:30 p.m. In response to Mayor Murdock, City Attorney Jenkins indicated that previous agreements with the District had time limits and explained the provision in the agreement that either party could terminate the agreement with proper notice. Discussion ensued regarding issues that may arise from the evening class activity and concurred that a clause could be added to the agreement that would establish a requirement to meet and discuss any issues that may arise from the new use on the property. In response to Councilmember Hill, City Attorney Jenkins explained the provision in the agreement that the District will be required to offer the property to the City and other public agencies pursuant to State law should the District decide to sell all or a portion of the lot. Hearing no further discussion, Mayor Murdock continued this item to the next regular meeting of the City Council scheduled to be held on Monday, November 26, 2001. Staff was directed to further discuss the number of students permitted during the evening hours of operation of the adult school with the School District and the "meet and discuss" clause proposal. CONSIDERATION OF PROPOSAL SUBMITTED BY MUNIFINANCIAL TO ASSIST IN PREPARATION OF RULE 20A NON -ASSESSMENT UNDERGROUND UTILITY DISTRICT TO REMOVE 6 UTILITY POLES ALONG CREST ROAD. City Manager Nealis presented the staff report providing background regarding the proposed Rule 20A non -assessment underground utility district along Crest Road. He also presented the proposal from MuniFinancial to assist the City in the establishment of this non -assessment underground utility district. City Manager Nealis explained Edison's requirement that Rule 20A Funds be used for the undergrounding of utilities on major roadways. Councilmember Pernell commented on the fact that individuals may undertake the undergrounding of utilities in their own neighborhoods. Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council accept the proposal and direct staff and the City Attorney to return with an agreement incorporating the proposed contract services between the City and MuniFinancial. CONSIDERATION OF DATES FOR A CITY COUNCIL AND PLANNING COMMISSION JOINT MEETING. This item was continued to the next regular meeting of the City Council scheduled to be held on Monday, November 26, 2001. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Bertram Balch, 6 Hackamore Road, commented on undergrounding of utility poles. City Manager Nealis explained Edison's requirement that Rule 20A Funds be used for the undergrounding of utilities on major roadways and also explained the rationale of the Subcommittee to recommend that the Rule 20A funds be used to underground these specific poles on Crest Road. Minutes City Council Meeting 11/13/01 -3- MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Murdock welcomed all in attendance at the meeting and introduced her granddaughters Sarah and Shannon Rooney who were in attendance. MATTERS FROM STAFF City Manager Nealis indicated that if there were no objections, that staff would respond to the e-mail sent by the Palos Verdes Peninsula Chamber of Commerce indicating that the City Council would be in favor of keeping the 310 area code. MATTERS FROM THE CITY ATTORNEY None. ADIOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 7:15 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, November 26, 2001 in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Jody Mc Mayor Minutes City Council Meeting 11/13/01 Respectfully submitted, Marilyn L. Kern Deputy City Clerk -4- 1 1 1