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1/13/2003 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS;�CALIFORNIA JANUARY 13, 2003 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:33 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills,California. ROLL CALL Councilmembers Present: Heinsheimer, Pernell, Murdock, Mayor Pro Tem Hill and Mayor Lay. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz,Planning 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 November 25, 2002. RECOMMENDATION: Approve as presented. b. Payment of Bills - December 9, 2002, December 23, 2002 and January 13, 2003. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of November, 2002. • RECOMMENDATION: Approve as presented. d. Budget Calendar for Fiscal Year 2003-2004. RECOMMENDATION: Receive and file. e. BFI Recycling Tonnage Report for November, 2002. RECOMMENDATION: Receive and file. f. Consideration of a continued agreement between the City of Rolling Hills and Mac Solutions for computer consulting services. RECOMMENDATION: Approve as presented. g. Correspondence from California Water Service Company regarding Advice Letter No. 1530, Palos Verdes District, that has been filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. � h. Correspondence from Southern California Gas Company regarding notice of proposed increase in gas rates,Application No. 02-12-XXX. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Hill seconded the motion, which carried unanimously. SPECIAL PRESENTATION SPECIAL PRESENTATION BY LEAGUE OF CALIFORNIA CIT'IES REPRESENTATNE ANN MARIE WALLACE. League of California Cities Representative Ann Marie Wallace presented information relating to the League of California Cities Local Coalition and Grassroots campaign. She highlighted State legislation that was focused on in Sacramento on behalf of local government. PLANNING COMMISSION ITEMS None. Minutes City Council Meeting 01/13/03 -1- TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ' CONSIDERATION OF APPROVAL AND ESTABLIS�IMENT OF A NON-ASSESSMENT RULE 20A UNDERGROUND UTTLTTY DISTRICT ON SPECIFIC PROPER'TIES ON CREST ROAD. RESOLUTION NO. 924: A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF ROLLING HILLS, CALIFOItNIA ORDERING TI� FORMATTON OF AN UNDERGROUND UTILITY DISTRICT. City Manager Nealis presented the staff�report indicating that since the proposed boundaries for this non-assessment Rule 20A Underground Utility District have been revised, that it is recommended that the City Council close this public hearing and not act on Resolution No. 924. Hearing no testimony, Mayor Lay closed the public hearing and Resolution No. 924 was received and filed without objection. CONSIDERATION OF APPROVAL AND ESTABLIS�IMENT OF A NON-ASSESSMENT RULE 20A UNDERGROUND UTILTTY DISTRICT ON SPECIFIC PROPER'I�S ON CREST ROAD. RESOLUTION NO. 929: A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF ROLLING HILLS, CALIFORNIA ORDERING TI� FORMATION OF AN UNDERGROUND UTTLITY DISTRICT. City Manager Nealis presented the staff report providing background regarding the establishment of a Rule 20A Underground Utility District in Rolling Hills and the inclusion of a seventh pole in the District at the request of two property owners. He reported on the revised Engineer's Report and the revised costs to complete the work for the various utility companies involved in this District. Mayor Lay opened the public hearing. Hearing no public testimony or discussion, he closed the public hearing called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution 729. Councilmember Murdock seconded the motion, which carried unanimously. ZOIVING CASE NO. 653, REQUEST FOR A STTE PLAN REVIEW AND A CONDTITONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE; REQUEST FOR A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT TO CONSTRUCT A GUESTHOUSE;REQUEST FOR A VARIANCE TO PERMIT ENCROACHMENT OF TI� PROPOSED DETACHED GARAGE INTO THE SIDE YARD SETBACK; AND REQUEST FOR A VARIANCE TO LOCATE THE GUESTHOUSE IN TI� REAR YARD AREA ON A THROUGH LOT AT AN EXISTIl�TG SINGLE FAMILY RESIDENCE AT 40 EASTFIELD DRIVE, (LOT 91-EF), ROLLING HILLS, CA. AN ADDITTON TO THE MAIN RESIDENCE, WHICH DOES NOT REQUIRE DISCRETIONARY APPROVAL IS ALSO PROPOSED. (TONSICH) Councilmember Murdock stated that she will abstain from consideration of this Zoning Case due to the proximity of her property to the subject property and excused herself from the Council Chambers. City Manager Nealis presented a brief synopsis of the staff report outlining the applicant's request and providing background regarding the property and that this case had been taken under jurisdiction by the City Council. Mayor Lay opened the public hearing and called for testimony. Mr. Nick Tonsich, applicant, presented photographs of the property for the City Council to review. He provided an explanation of the proposed improvements to the property and pointed out on the photographs where the various improvements are located. He commented on the review of the proposal by the Planning Commission as well as their deliberations and requested that the City Council not conduct a field review. Mayor Lay reported on the City Council's practice of viewing projects that they take under their jurisdiction in the field. Minutes City Council Meeting 01/13/03 -2- Following discussion regarding proposed dates for a field review, the public hearing was continued to Thursday, February 6, 2002 beginning at 4:30 p.m. at the subject site for the purpose of conducting a field review of the property. Mayor Lay noted the return of Councilmember Murdock to the Council Chambers. OPEN AGENDA-APPROXIMATELY 8:00 P.M.-PUBLIC COMMENT WELCOME None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF RE-APPOINTMENTS TO THE PLANNING CONIMISSION. Mayor Lay announced that Planning Commissioner Roger Sommer has indicated that he wishes to be re-appointed to the Commission and called for a motion. Mayor Pro Tem Hill moved that the City Council re-appoint Roger Sommer to a three-year term on the Planning Commission. Councilmember Heinsheimer seconded the motion, which carried unanimously. CONSIDERATION OF RE-APPOINTMENTS TO THE TRAFFIC COMMISSION. Mayor Lay announced that Traffic Commissioner pon Robertson has indicated that he wishes to be re-appointed to the Commission and called for a motion. Councilmember Heinsheimer moved that the City Council re-appoint Don Robertson to a two-year term on the Traffic Commission. Mayor Pro Tem Hill seconded the motion, which carried unanimously. CONSIDERATION OF SUPPORT FOR A RESOLUTION OF TI-� SOUTH BAY CITTES COUNCIL OF GOVERNMENTS SUPPORTIl�TG A COOPERATTVE EFFORT AMONG SOUTH BAY CITIES TO COORDINATE HOMELAND SECURITY, PROVIDE MUTUAL AID FOR THE MANAGEMENT OF INCIDENTS, AND WORK TOGETI�R AFTER A DISASTER TO RESTORE PEACE AND NORMALCY TO THE SOUTH BAY AREA. Mayor Lay reported that he had asked staff to place this resolution on the agenda for consideration by the City Council. He indicated that he feels that this resolution states what we would all intend to happen should there be a local disaster and asked the City Council to support it. Councilmembers discussed the resolution and the City's participation in the County of Los Angeles' coordinated disaster preparedness plan and mutual aide with the Fire Department, Sheriff's Department and Area G. After the discussion,Mayor Lay called for a motion. Councilmember Pernell moved that the City Council support the South Bay City Cities Council of Governments Resolution No. 2002-3 and that staff be directed to forward correspondence to the South Bay Cities Council of Governments expressing the City Council's support for this resolution. Mayor Pro Tem Hill seconded the motion, which carried unanimously. CONSIDERATION OF ALLOCATION OF ROBERTI-Z'BERG-HARRIS BLOCK GRANT AND 2000 PARK BOND ACT PER CAPITA FUNDS. City Manager Nealis presented the staff report indicating that the City does not utilize these funds because there is not an eligible public property in the City. He further indicated that, pursuant to previous City Council direction, the peninsula cities were given the opportunity to submit a request to receive these funds. He outlined the project descriptions submitted by the Cities of Palos Verdes Estates and Rolling Hills Estates. Councilmembers discussed the project descriptions submitted by Palos Verdes Estates and Rolling Hills Estates and how these projects would most benefit the residents of Rolling Hills. Councilmembers further discussed a way to equitably divide these funds between the two cities. In response to Councilmember Heinsheimer, City Manager Nealis explained that it took approximately 5-6 years to build these funds to the current levels. Minutes City Council Meeting 01/13/03 -3- Mrs. Sheri Clewis, Rolling Hills Estates Parks arid Activities Commission Chairperson, commented on the Americans with Disabilities Act and the difficulties with bringing their park facilities up to the standards of these regulations. Mr. Allan Rigg, Palos Verdes Estates Public Works/Planning Director, commented on the proposed pathway improvements. Various methods of allocating the funds were discussed. After discussion, Mayor Lay called for a motion. Councilmember Pernell moved that the City Council allocate the Roberti-Z-Berg-Harris Block Grant funds to the City of Palos Verdes Estates for improvements to pathways along Palos _ Verdes Drive North and West and the 2000 Park Bond Act Per Capita Funds to the City of Rolling Hills Estates to be earmarked for the Georgeff Canyon Nature Center improvements and that any of the remaining funds be utilized for equestrian enhancements in Rolling Hills Estates. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell reported that he had requested the City Manager to ask the Area G Disaster Preparedness representative about the policy on and distribution of potassium iodine used to protect people in case of a nuclear facility accident. Councilmember Pernell queried the process that the City Council uses to re-appoint Commissioners and Committee Members. After brief discussion, staff was directed to include an item on the January 27, 2003 City Council agenda for discussion of this subject. MATTERS FROM STAFF City Manager Nealis provided an update on the Governor's proposed budget cuts. He indicated that the Governor is proposing to remove the vehicle license fee (VLF) "backfill" from local governments, but that prudent budgeting by the City Council Finance/Budget Subcommittee may prevent any negative financial impact in FY 2002-03 because a 20% reduction in vehicle license fees was anticipated. MATTERS FROM THE CITY ATTORNEY 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. No closed session was held. However, City Attorney Jenkins reported on recent developments in this case and indicated that an amended complaint has not yet been received. He stated that he would keep the City Council informed about developments related to this case. ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 8:35 p.m. to the next regular meeting of the City Council to be held on Monday, January 27, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road,Rolling Hills,California. Respec:tfully submitted, �y�Ov��.,� �- •���.e�� Marilyn L. Ker Deputy City Clerk Approved, B. Allen La Mayor Minutes City Council Meeting 01/13/03 -4-