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4/14/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 14, 2003 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:35 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Captain Jay Zuanich, 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 March 24, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Lay moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion. In response to Councilmember Black, City Manager Nealis explained that the $600 payment to G.S. Brothers (Item B) was for monthly landscape maintenance services for the City Hall/RHCA and tennis court grounds. City Manager Nealis confirmed that this service was originally obtained through competitive bids and that G.S. Brothers was the low bidder and that the agreement with G.S. Brothers has been extended by the City Council several times. The motion carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None PUBLIC HEARINGS 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 for a continuance. Hearing no objection, at the applicant's request, Mayor Hill continued the public hearing to the next regular meeting of the City Council scheduled to be held on Monday, April 28, 2003. Minutes City Council Meeting 04/14/03 -1- ZONING CASE NO. 656, REQUEST FOR A SITE PLAN REVIEW 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 providing background regarding Zoning Case No. 656. He reported that this case was presented to the City Council on March 24, 2003. At that meeting, the City Council took jurisdiction of the case after concerns were expressed by Councilmembers Lay and Pernell regarding whether a Variance was also required concurrently with the Site Plan Review application in order to propose a future stable in the front yard. He indicated that staff has researched this subject and that the City Council's concerns were accurate and that a Variance application is required at this time and recommended that the City Council remand this case back to the Planning Commission for review of a Variance to locate the future stable in the front yard. He indicated that staff has reviewed this matter with the applicant, and that the applicant has indicated that he is not able to amend the Site Plan to propose the future stable and corral area in a otherwise permitted location on the property due to the "mature native vegetation" identified in the Subdivision for this lot. Mayor Hill opened the public hearing. Mr. Doug McHattie, Bolton Engineering, presented an explanation of the plan and indicated that the location of the future stable and corral area was necessitated by the design and orientation of the proposed residence on the property. He commented on the pastoral view of equestrian facilities in front yards. City Manager Nealis reported that a letter had been received earlier in the day from Dr. Ralph Black, 36 Saddleback Road, requesting that the undergrounding of the utilities requirement on the subject property be completed as soon as possible. He indicated that this letter had been placed before the City Council this evening. He explained the undergrounding requirements related to the approval of a subdivision of the subject property and indicated that this subject could be discussed at the Planning Commission level. Hearing no further discussion, Mayor Hill closed the public hearing and called for a motion. Councilmember Lay moved that the City Council remand Zoning Case No. 656 back to the Planning Commission for consideration of a Variance for a future stable to be placed in the front yard. Councilmember Pernell seconded the motion, which carried unanimously. Staff was directed to provide the correspondence from Dr. Ralph Black relative to the undergrounding of utilities to the Planning Commission for consideration. OLD BUSINESS CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Hill requested that this item be considered later on the agenda. Hearing no objection, he so ordered. NEW BUSINESS ORDINANCE NO. 291: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PERSONAL CONDUCT. City Manager Nealis presented the staff report providing background regarding the proposed ordinance. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 291. Councilmember Lay seconded the motion, which carried unanimously. Mr. Richard Colyear, 35 Crest Road West, commented on the proposed ordinance and stated that the reason he brought it up at the Candidate's Forum in February was because he had reviewed the Municipal Code and thought that the City Council may not be aware of this section. He commented on other sections in the Municipal Code that have been updated and urged the City Council to review the Code and remove sections that are no longer relevant. CONSIDERATION OF ALLOCATION OF CITY OF ROLLING HILLS PROPOSITION C LOCAL TRANSPORTATION FUNDS. City Manager Nealis presented the staff report regarding the inability to expend Proposition C Funds in Rolling Hills, the inability to exchange these funds and the previous City Council Minutes City Council Meeting 04/14/03 -2- 1 direction and policy to consider local allocations of these funds. He also presented the requests for these funds from the Cities of Rancho Palos Verdes and Rolling Hills Estates. Mr. Sam Wise, Assistant City Manager, Rolling Hills Estates, and Mr. Dean Allison, Director of Public Works, Rancho Palos Verdes; provided brief explanations of the proposed projects within their cities and thanked the City Council for the opportunity to apply for these funds. In response to Councilmember Black, Mr. Allison stated that Highridge Road is showing a great deal of wear and they are planning to place a rubberized asphalt overlay on the road. In response to Councilmember Pernell, City Manager Nealis explained that previously the City Council allocated these fund in a percentage of 60% to Rolling Hills Estates and 40% to Rancho Palos Verdes. Councilmember Black commented on the letter received from Dr. Ralph Black relating to the signal at Palos Verdes Drive North and Portuguese Bend Road and indicated that the City Council may wish to consider this before appropriating any of the Proposition C Funds to Rolling Hills Estates. City Manager Nealis reported that the letter from Dr. Ralph Black, 36 Saddleback Road, requested that the Mayor discuss with the Mayor of Rolling Hills Estates the possibility of placing a left turn arrow signal for vehicles turning left onto Portuguese Bend Road from Palos Verdes Drive North. Dr. Ralph Black, 36 Saddleback Road, commented briefly on his letter and indicated that he uses that intersection a great deal and that he feels that it is a dangerous situation. He commented on an article he had read in the newspaper indicating the Rolling Hills Estates staff recommended that no changes be made to that intersection related to another problem at that location. Discussion ensued regarding the request from Dr. Black. Mr. Wise reported that Rolling Hills Estates previously reviewed a protective permissive left turn phasing at that intersection, especially turning left onto Rolling Hills Road, and the concern has always been that anytime you add a phase you must removed green time from another direction. He indicated that they have been reluctant to change this intersection due to the overwhelming concern about the traffic flow on Palos Verdes Drive in an easterly and westerly direction. He stated that he does not feel that this type of project would be an eligible use of the Proposition C Funds because they are basically for public transit improvement projects. In response to Councilmember Black, Mr. Wise explained that the funds must be used for projects that are heavily used by transit systems. Mr. Wise indicated that the Metropolitan Transportation Authority would need to be contacted to determine if these funds could be used for signal improvements. Hearing no further discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council allocate one-half of its' Proposition C Local Transportation Funds to the City of Rolling Hills Estates and one-half of its' Proposition C Local Transportation Funds to the City of Rancho Palos Verdes. Councilmember Lay seconded the motion. Councilmember Black stated that he would like to have the City of Rolling Hills Estates look into providing the signal improvements at Palos Verdes Drive North and Portuguese Bend Road before the City allocates these funds. Councilmember Pernell stated that Rolling Hills Estates has always been very cooperative with Rolling Hills. Councilmember Pernell indicated that he feels that the City Council should act on the motion and refer Dr. Ralph Black's letter to the Traffic Commission for review. Councilmember Black expressed concern that these funds will be spent for another project and they might not be available later for the suggested signal improvements. Mayor Hill further commented on the cooperation between the City of Rolling Hills Estates and Rolling Hills and called for a roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. Staff was directed to place an item on the next Traffic Commission agenda relative to correspondence from Dr. Ralph Black, 36 Saddleback Road, regarding consideration of a left turn arrow signal from PV Drive North to Portuguese Bend Road. CONSIDERATION OF AMENDMENTS TO COUNTY OF LOS ANGELES GEOTECHNICAL REPORT, SITE AND PLAN REVIEW FEES. Minutes City Council Meeting 04/14/03 -3- City Manager presented the staff report providing information regarding the proposed fee schedule modification by the County for geotechnical report, site plan and review. He explained the previous and proposed method of calculating these fees. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 931 amending fees collected for geotechnical report, site and plan review services provided by the County of Los Angeles. Councilmember Pernell seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME In reply to Mr. Richard Colyear, 35 Crest Road West, City Manager Nealis explained the landscape maintenance responsibilities of the City for the City Hall Campus and the Tennis Court Area as required by the Lease Agreement between the City and the Community Association. Mr. Colyear commented on concerns expressed at a recent Women's Club Neighborhood Meeting regarding speeding vehicles on Crest Road. Mayor Hill explained the discussions that have been initiated by the City Council relative to increasing traffic patrol in the City. Mr. Colyear also commented on the City Council agenda that is published with the Citywide Newsletter and that an item that was not mentioned in the Newsletter was actually on the Agenda. City Manager Nealis explained that the Women's Club had requested that the City publish the Newsletter early that week in order to accommodate the advertisement of their Neighborhood meeting and at that time the agenda was not complete. After a brief discussion and an explanation from the City Manager relative to the City's 72 hour meeting notification requirement and that the Newsletter is an outreach tool and is not used to satisfy legal agenda noticing requirements, Councilmember Pernell suggested that the agenda that is included with the Citywide Newsletter be marked "draft" or that a disclaimer is placed on it indicating that it may not be a complete agenda and that the final agenda will be posted at City Hall 72 hours before the City Council meeting. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF A COMMUNITY VOLUNTEER RECOGNITION EVENT. Mayor Hill indicated that it has been 5 years since the City hosted a community volunteer recognition event for those who work so hard in the community. There being no objection, staff was directed to coordinate a Community Volunteer Recognition Event. CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Hill requested that the City Council provide their Committee preferences to him. Councilmember Black expressed concern about an increase in the "rolling retro" deposit that will be required to be paid by the City to the California Joint Powers Insurance Authority due to existing litigation, (Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. Al., Los Angeles County Superior Court, Case No. BC275012). He indicated that he feels that the residents of the City should know why these charges are being increased. Following discussion, staff was directed to prepare a report regarding this subject for an upcoming City Council meeting. Councilmember Lay commented on items for the City Council/RHCA Board Joint Meeting scheduled for Tuesday, April 29, 2003. Mayor Pro Tem Heinsheimer reported that he regrettably has a conflict on the proposed date. Councilmembers selected the alternative date of Wednesday, April 30, 2003. Staff was directed to query the Community Association as to whether this date would meet with their schedules. Mayor Hill commented on his attendance at the Women's Club Neighborhood Meeting held on April 10, 2003. He indicated that concern expressed was about speeding vehicles on Crest Road. After discussion, staff was directed to place an item on the next City Council meeting agenda relating to options to increase traffic enforcement in the City. Mayor Hill indicated that if there were no objections, he would ask the Peninsula Mayors to keep Rolling Hills informed regarding future budgetary intentions relative to law enforcement services. Minutes City Council Meeting 04/14/03 -4- 1 MATTERS FROM STAFF City Manager Nealis reported that staff will be preparing a Request for Proposal for hand-held emergency communication radios for consideration by the City Council at their next meeting. 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. ADJOURNMENT 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 28, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, k- , 4 Q0 Frank . Hill Mayor Minutes City Council Meeting 04/14/03 Respectfully submitted, �.!- Marilyn L. Ke Deputy City Clerk -5-