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6/24/2002MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 24, 2002 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Mayor Lay welcomed all in attendance. ROLL CALL Councilmembers Present: Heinsheimer, Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. Lt. Gregg Ahn, LASD, 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 June 10, 2002. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of May, 2002. RECOMMENDATION: Approve as presented. d. Approval of correspondence appointing Councilmember Jody Murdock as the alternate member of the Board of Directors of County Sanitation District No. 5 of Los Angeles County for the meeting of June 19, 2002. RECOMMENDATION: Approve as presented. e. BFI Recycling Tonnage Report for May, 2002. RECOMMENDATION: Receive and file. Councilmember Murdock moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously. SPECIAL PRESENTATION RECOGNITION OF PLANNING COMMISSIONER ALLAN ROBERTS FOR HIS TWENTY-FOUR YEARS OF SERVICE TO THE COMMUNITY AS CHAIRMAN AND A MEMBER OF THE ROLLING HILLS PLANNING COMMISSION. Mayor Lay presented a plaque and a watercolor painting of the tennis court gazebo area to Allan Roberts and thanked him for his many years of service and dedication to the City. Mayor Lay also presented him with a certificate from California State Senator Betty Karnette and California State Assembly Member Alan Lowenthal. Mayor Lay commented on the leadership that Allan Roberts provided to the Commission and thanked him for his contribution in maintaining the City's rural atmosphere over the years. Planning Commission Chairwoman Evie Hankins presented a certificate of commendation from the members of the Planning Commission and RHCA Manager Peggy Minor presented him with a plaque from the Rolling Hills Community Association Board of Directors. Councilmember Pernell commented on Mr. Roberts' participation in the Rolling Hills Tennis Club and on the important roll that he played as the Chairman of the Planning Commission. Mr. Roberts thanked the City Council, Planning Commission, RHCA and others for recognizing his efforts and indicated that is was a pleasure to serve the City as a member of the Planning Commission. He stated that he appreciated the support of the City Council. At 7:40 p.m., Mayor Lay recessed the meeting for a reception honoring Allan Roberts. The meeting was reconvened at 8:05 p.m. Councilmember Heinsheimer excused himself from the meeting. Minutes City Council Meeting 06/24/02 -1- PLANNING COMMISSION ITEMS ZONING CASE NO. 646 (REVISED) RESOLUTION NO. 2002-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WHICH REQUIRES GRADING, IN ZONING CASE NO. 646 AT 56 EASTFIELD DRIVE, (LOT 102 -EF). (COSER). City Manager Nealis presented the staff report outlining the applicant's request, providing background regarding the property and Planning Commission action relative to Zoning Case No. 646 (revised). In response to Councilmember Pernell, City Manager Nealis explained that a condition is included in the resolution requiring that any further development on the property would require a public hearing before the Planning Commission. Hearing no further discussion or objection, Mayor Lay ordered that Resolution No. 2002-06 be received and filed. ZONING CASE NO. 648 (REVISED) RESOLUTION NO. 2002-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF AN ADDITION, A REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE, A VARIANCE REQUEST TO CONSTRUCT A DETACHED GARAGE IN THE FRONT YARD AREA OF THE LOT AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA IN ZONING CASE NO. 648 AT 1 JOHNS CANYON ROAD, (LOT 174 -C -MS) (HOFMAN). City Manager Nealis presented the staff report outlining the applicant's request, providing background regarding the property and Planning Commission action relative to Zoning Case No. 648 (revised). Discussion ensued regarding the existing lights on the tennis court located on the property. In response to Councilmember Pernell, City Manager Nealis stated that the City had not received an objection or complaint about the lights. In response to Mayor Lay, City Manager Nealis explained that the lights were installed in 1969. Councilmember Pernell expressed concern about the lighted tennis court. Mr. Craig Hofman, applicant, stated that it is his understanding that the lights are a pre-existing non -conforming attribute of his property and indicated that he does not use the lights often. He stated that he does not want to remove the lights and that he feels that the lights and his Zoning Case are two separate issues. Councilmember Pernell queried whether the City Council could require the applicant to conform to today's lighting standards or if a condition could be placed on the property that any future property owner must conform to today's lighting standards. City Attorney Jenkins indicated that the City Council could take jurisdiction of this Zoning Case and stated that he would research this matter and advise the City Council. Councilmember Pernell requested that the City Council take jurisdiction of Zoning Case No. 648 (revised). Staff was directed to schedule a public hearing before the City Council and the City Attorney was directed to provide the City Council with options regarding the existing lights on the tennis court located on the property. ZONING CASE NO. 650 RESOLUTION NO. 2002-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A STABLE AND CORRAL WHICH REQUIRE GRADING IN ZONING CASE NO. 651, AT 6 POSSUM RIDGE ROAD, ROLLING HILLS, (LOT 117-RH). (LANGER). City Manager Nealis presented the staff report outlining the applicant's request, providing background regarding the property and Planning Commission action relative to Zoning Case No. 650. In response to Mayor Lay regarding landscaping of the proposed graded areas, City Manager Nealis stated that the Planning Commission required a landscape plan and bond for the project. He stated that during discussion regarding the resolution, the Commission expressed support for an exposed view of the stable structure due to the City's equestrian atmosphere and declined to set specific screening standards for the side of the stable that faces Portuguese Bend Road. Mayor Lay commented on the native plants that are currently present in the canyon area near the proposed stable and stated that this area is one of the City's most pristine areas. He requested that staff, when reviewing the landscape plan, Minutes City Council Meeting 06/24/02 -2- ensure that the graded area below the stable be a well thought out plan and that it incorporates native plants that extend the natural plant material that is in the canyon in the area so that the grading will not impact that area. Hearing no further discussion or objection, Mayor Lay ordered that Resolution No. 2002-08 be received and filed. Councilmember Pernell commented of the loss of Allan Roberts' experience and capability on the Planning Commission. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 2002-03. RESOLUTION NO. 916: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2002-03 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. RESOLUTION NO. 917: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2002-03 CITY OF ROLLING HILLS BUDGET INCLUDING TEE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, COPS FUND, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C FOR FISCAL YEAR 2002-03. RESOLUTION NO. 918: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 2002-03 MERIT PAY PLAN. City Manager Nealis presented the staff report and resolutions. He reported that a letter had been recently submitted from the South Bay Chamber Music Society requesting a $400 allocation for FY 2002-03. He said that last year, an allocation to the Society was included in the budget, however, in FY 2002-03, this allocation was not included because we did not receive a funding request from the Society. He reported that Ms. Jan Simon from the Society reports that her oversight in not requesting funds in a more timely manner occurred because some area cities have 2 -year budgets so she thought she did not need to submit a request this year. City Manager Nealis stated that there are ample funds in the FY 2002-03 budget and that if there are no objections, that this funding request will be included in the budget for FY 2002- 03. Mayor Lay opened the continued public hearing and called for testimony. Mr. Bertram Balch, 6 Hackamore Road, thanked the City Council for their continued support for the Peninsula Symphony. Councilmember Murdock commended staff and the Budget/Finance Subcommittee on the preparation of this year's budget. Hearing no further discussion, Mayor Lay closed the public hearing and called for a motion. Mayor Pro Tem Hill moved that the City Council adopt Resolution No's. 916, 917 and 918. Councilmember Murdock seconded the motion which carried unanimously by those Councilmembers in attendance. OLD BUSINESS CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Lay presented a'draft Committee Assignment worksheet and asked that Councilmembers review it and provide any comments to him or staff. He indicated that the assignments will be included on the next meeting agenda for adoption. NEW BUSINESS CONSIDERATION OF A CLAIM SUBMITTED BY MR. AND MRS. WILLIAM HASSOLDT,10 PINE TREE LANE, ROLLING HILLS, CALIFORNIA. City Manager Nealis presented the claim and recommendation for rejection by Carl Warren & Company. Minutes City Council Meeting 06/24/02 -3- Councilmember Murdock moved that the City Council reject the claim. Mayor Pro Tem Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION RECRUITMENT. City Manager Nealis presented the staff report providing the names of residents who submitted letters of interest to fill the vacancy on the Planning Commission. Hearing no objection, Mayor Lay referred the letters of interest to the Personnel Subcommittee, to be established at the next City Council meeting, to conduct interviews and to make a recommendation to the City Council regarding an appointment to fill the unexpired vacancy on the Planning Commission. Councilmember Pernell requested that those persons submitting a letter of interest also submit a resume. MATTERS FROM MEMBERS OF THE CITY COUNCIL In response to Councilmember Pernell, City Manager Nealis explained the circumstances surrounding the brush fire that occurred in the City on June 26, 2002. Mayor Lay requested that an article be placed in the Citywide Newsletter alerting residents to the dry condition of brush in the City and potential for a fire and to remind them of the weed and brush clearance standards in the City. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY The City Council adjourned to a Closed Session at 8:35 p.m. to discuss the litigation, Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. 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. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. At 8:55 p.m., the City Council reconvened in open session. The City Attorney reported that the City Council discussed the lawsuit on the agenda, Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012, and intends to vigorously defend the litigation. ADIOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 8:56 p.m. to the next regular meeting of the City Council to be held on Monday, July 8, 2002, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, . V Marilyn L. Kern Deputy City Clerk Approved, Allen Lay C% Mayor Minutes City Council Meeting 06/24/02 -4-