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3/24/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 24, 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 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Pernell, Mayor Pro Tem Hill and Mayor Lay. Councilmembers Absent: Black (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Melinda Schoen, Clerk Typist/ Receptionist. 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 - Meeting of March 10, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of February, 2003. RECOMMENDATION: Approve as presented. d. Consideration of correspondence from BFI regarding dates for the Annual Spring Cleanup. RECOMMENDATION: Approve as presented. e. BFI Recycling Tonnage Report for February, 2003. RECOMMENDATION: Approve as presented. 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 RECOGNITION OF CLERK TYPIST/RECEPTIONIST MELINDA SCHOEN IN APPRECIATION FOR HER YEARS OF SERVICE TO THE CITY OF ROLLING HILLS. Mayor Lay and City Manager Nealis presented a plaque and a vase to Melinda Schoen in appreciation for her years of dedicated service to the City. Mrs. Schoen thanked the City Council and indicated that she will visit when she is in the area. Councilmember Pernell commented on Melinda Schoen's activities in other organizations on the Peninsula and indicated that she will be missed. CITY COUNCIL REORGANIZATION Mayor Lay opened nominations for Mayor and nominated Mayor Pro Tem Frank Hill to serve as Mayor for 2003-2004. Councilmember Heinsheimer seconded the motion, which carried unanimously. PRESENTATION TO MAYOR B. ALLEN LAY RECOGNIZING OUTSTANDING SERVICE DURING 2002-2003 TERM AS MAYOR Mayor Hill presented a plaque and a watercolor painting of the Caballeros Riding Ring at Hesse's Gap to B. Allen Lay in recognition of his outstanding service as Mayor for 2002-2003. Councilmembers and those in attendance congratulated Councilmember Lay for his service as Mayor for 2002-2003. Minutes City Council Meeting 03/24/03 -1- COMMENTS FROM 2002-2003 MAYOR B. ALLEN LAY Councilmember Lay thanked the City Council, staff and residents for their cooperation and support during his term as Mayor. COMMENTS FROM 2003-2004 MAYOR Mayor Hill indicated that he is looking forward to serving as Mayor and recessed the meeting at 7:40 p.m. for a reception honoring B. Allen Lay for his service as 2002-2003 Mayor. Mayor Hill reconvened the meeting at 7:50 p.m. and nominated Councilmember Tom Heinsheimer to serve as Mayor Pro Tem. Councilmember Lay seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2003-04. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, WHICH REQUIRES GRADING, ON A VACANT LOT ON PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN ZONING CASE NO. 656. (MARSHALL). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 656. In response to Mayor Pro Tem Heinsheimer, City Manager Nealis explained that the electrical facilities on the property provide for electricity to several other homes in the area. He indicated that the utilities will be placed underground on the property as much as possible and that the wires over Portuguese Bend Road will be placed underground. He reported that two poles on the property will be moved into the easement and that Edison determined that it was not feasible to underground the utilities that are located on the canyon side of the property due to the distance across the canyon and the blue line stream. He further reported that the undergrounding of utilities has been bonded and is consistent with the requirements established in the tentative and final map for the subdivision of this property. In response to Councilmember Lay, City Manager Nealis explained the requirement for a minimum 450 sq. ft. stable with a 550 sq. ft. contiguous corral area. Planning Director Schwartz explained that the stable and corral are proposed to be located in the front yard area. Councilmember Lay expressed concern that the proposed stable and corral area will require a Variance and that without a Variance at this time, it would appear to be approving any future Variance request to actually build the stable and inherently seem to grant approval without the required Variance. City Manager Nealis explained that the City Council had previously approved a future stable and corral in the front yard on a property such as the one on Ringbit Road. He said that if the applicant were to place the stable elsewhere on the property and if it requires grading, that the applicant would have to seek Site Plan Review approval and that staff would require a Variance application to build the future stable in the front yard. Councilmember Pernell also expressed concern regarding City Council approval of the plan without a Variance. In response to Mayor Hill, City Attorney Jenkins explained that consideration of this Zoning Case is not a public hearing, and that it is before the City Council so that the City Council may determine whether or not they wish to take jurisdiction of this case. City Attorney Jenkins explained the appeal rights and stated that any testimony should be limited to address why the City Council should take jurisdiction of this Case. Hearing no further discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-04. Councilmember Pernell seconded the motion, which failed by the following roll call vote: AYES: Councilmembers Pernell and Heinsheimer. NOES: Councilmember Lay and Mayor Hill. ABSENT: Councilmember Black. ABSTAIN: None. Councilmember Lay moved that the City Council take jurisdiction of Zoning Case. No. 656. Mayor Pro Tem Heinsheimer seconded the motion. Minutes City Council Meeting 03/24/03 -2- In response to Dr. Robert Marshall, applicant, Mayor Hill explained the concern that the City Council has expressed regarding an approval of this Zoning Case which shows a future stable in the front yard. Dr. Marshall expressed concern for the process and the time that it has taken for his subdivision approval and the review of the Site Plan Review for his residential structure. City Attorney Jenkins explained that the City Council has the prerogative to take Zoning Cases under jurisdiction and that this process is well known by all parties. Mayor Hill called for a roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. Staff was directed to set a public hearing. RESOLUTION NO. 2003-05. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING REQUEST FOR A SITE PLAN REVIEW TO PERMIT SUBSTANTIAL GRADING AND REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOTS AND TO EXCEED THE MAXIMUM ALLOWED SLOPE GRADIENT TO REPAIR SLOPE FAILURE AT AN EXISTING SINGLE FAMILY RESIDENCE AT 5 SAGEBRUSH LANE AND AT ADJACENT VACANT PROPERTIES IN ZONING CASE NO. 657. (HAO). City Manager Nealis presented the staff report outlining the applicant's request, background regarding the properties involved in this case and the proposed slope repairs and Planning Commission action relative to Zoning Case No. 657. Mayor Pro Tem Heinsheimer commended the Planning Commission, staff and the applicant for reaching a plan to solve the land movement problems on the property. Councilmember Lay moved that the City Council receive and file Resolution No. 2003-05. Mayor Pro Tem Heinshemer seconded the motion. Discussion ensued regarding the plan. In response to Councilmember Pernell, Mr. Gary Wynn, applicant's representative, explained that the property is currently in escrow and is under contract to close escrow when the grading permit is issued. Mr. Wynn explained that the lot is unbuildable. He indicated that the applicant may wish to apply for a tennis court or equestrian uses in the future. Also in response to Councilmember Pernell, Mr. Wynn stated that the applicant may also wish to make the two lots into one at some point in the future. City Manager explained that if the applicant were to place a tennis court on the undeveloped lot, that he would be required to apply for a lot line adjustment as courts are not permitted without a residential structure. In response to Councilmember Pernell, City Attorney Jenkins reported that the conditions of approval are recorded against the property and that it would then be a matter of record that the lot is not buildable. City Manager Nealis reported that the Planning Commission included a condition in the Resolution of Approval for this case that nothing in this approval provides or implies approval to build on the adjoining vacant property. City Manager Nealis stated that current technology will not allow for an approval of a septic system on the property. He stated that technology in the future may provide for consideration of approval. Mr. Wynn stated that any future development on this lot would require a Site Plan Review application however, Mr. Hao is agreeable to seeking a lot line adjustment. After discussion, the motion to receive and file Resolution 2003-05 carried unanimously. RESOLUTION NO. 2003-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 99-10 AND APPROVING A MODIFICATION OF CERTAIN CONDITION OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO CONSTRUCT A TENNIS COURT IN ZONING CASE NO. 593MOD. (NAGELHOUT). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 693MOD. He indicated that staff provided a report to the Commission regarding the history of the heights of tennis court fences in the City as directed by Chairwoman Hankins and he reported that the Commission recommended a condition that this approval does not set a precedence for future heights of fencing around tennis courts. Minutes City Council Meeting 03/24/03 -3- Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-06. Councilmember Pernell seconded the motion which carried unanimously. In response to Councilmember Lay, City Manager Nealis explained the required screening for the tennis court. He stated that the Resolution of Approval for the additional fencing height requires that the screening material that is immediately adjacent to the court shall not grow to a height that will create a view impairment. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS -CONTINUED ZONING CASE NO. 653, REQUEST FOR A SITE PLAN REVIEW AND A CONDITIONAL 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 THE PROPOSED DETACHED GARAGE INTO THE SIDE YARD SETBACK; AND REQUEST FOR A VARIANCE TO LOCATE THE GUESTHOUSE IN THE REAR YARD AREA ON A THROUGH LOT AT AN EXISTING SINGLE FAMILY RESIDENCE AT 40 EASTFIELD DRIVE, (LOT 91 -EF), ROLLING HILLS, CA. AN ADDITION TO THE MAIN RESIDENCE, WHICH DOES NOT REQUIRE DISCRETIONARY APPROVAL IS ALSO PROPOSED. (TONSICH). City Manager Nealis presented the applicant's request to continue this case. Hearing no objection, Mayor Hill continued the public hearing to the next regular meeting of the City Council scheduled to be held on Monday, April 14, 2003 at the applicant's request. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Hill requested that the City Council provide their committee assignment preferences to him. Councilmembers concurred that it would be appropriate for staff to work with the existing Budget Finance Subcommittee for the FY 2003/04 Municipal Budget. CONSIDERATION OF ESTABLISHMENT OF A CITY COUNCIL AD HOC LEASE NEGOTIATION SUBCOMMITTEE. City Manager Nealis reported that the 10 -year lease between the City and the Community Association will expire on May 31, 2003. Mayor Hill commented on speculation he has heard regarding the development of city -owned land for recreational purposes. Councilmembers concurred that the lease could be amended if changes are necessary at a future date. Mayor Hill appointed Mayor Pro Tem Heinsheimer and Councilmember Lay to serve on the City Council Ad Hoc Lease Negotiation Subcommittee. CONSIDERATION OF JOINT MEETING BETWEEN THE RHCA BOARD OF DIRECTORS AND THE CITY COUNCIL. City Manager Nealis presented the staff report and memorandum from RHCA Manager Peggy Minor regarding a proposed joint meeting between the RHCA Board of Directors and the City Council. After discussion regarding possible dates for a joint meeting, Councilmembers proposed April 29, 2003 at 7:30 p.m. for a joint meeting between the RHCA Board of Directors and the City Council. Staff was directed to provide this information to Councilmember Black and the RHCA. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mrs. Maureen Hill, Co -President of the Women's Community Club of Rolling Hills, reported that Councilmember Pernell had asked the Women's Community Club if they would be interested in assisting the City during a disaster. She reported that the Women's Club would be willing to assist. Mrs. Hill also reported that the Women's Club had initiated a program to provide home baked items to ill, homebound or elderly residents and asked that Councilmembers and staff to provide the names of any residents who may need this program. Minutes City Council Meeting 03/24/03 -4- Lt. Gregg Ahn provided a brief update on the Lomita Station's current emergency preparedness. He indicated that there are no threats of significance in Lomita Station's policing area. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell reported on the Peninsula Emergency Response Team (PERT) training program that will begin in the Fall. He indicated that the Women's Community Club may wish to participate in the training. City Manager Nealis stated that he would provide information to Mrs. Hill on the PERT program to share with the members of the Women's Club. Councilmember Pernell reported that Association Gate Guards briefed by the during this time of heightened awareness MATTERS FROM STAFF the City has arranged to have the Community Sheriff's Department on keeping a watch full eye City Manager Nealis reported that he has reviewed the material that the Sheriff's Department intends to use in briefing the Gate Guards. He indicated that the Department will coordinate the meeting with the RHCA staff. City Manager Nealis also reported on the updated disaster preparedness survey. He indicated that if there are no objections, he would like to proceed with mailing this material to residents as soon as possible. Councilemember Pernell suggested that the 72 -Hour Survival Kit information be provided in a savable folder format. Councilmembers unanimously concurred that the materials be prepared and sent to Rolling Hills residents. City Manager Nealis also reported that PV on the Net has indicated that a budgetary reduction will require them to charge the City for the posting of the City Council agendas on the webpage. He stated that if there were no objections, he would continue this service at $85.00 per agenda. No objections were presented. At 8:45 p.m., Mayor Hill adjourned the meeting to a closed session. 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 reportable action was taken in closed session. Councilmember Pernell reported on the meeting held recently by the RHCA regarding proposed changes to gate operation system. ADIOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:10 p.m. to the next regular meeting of the City Council to be held on Monday, April 14, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Frank E. Hill Mayor Minutes City Council Meeting 03/24/03 �4Q,0 Respectfully submitted, lYa�lt,`.Qc /Sn�-J Marilyn L. gem Deputy City Clerk -5-