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4/28/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 28, 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 7:31 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Lay, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: Pernell (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. John Herrera, 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 April 14, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the Month of March, 2003. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for March, 2003. RECOMMENDATION: Receive and file. Mayor Pro Tem Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2003-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT AN ADDITION, WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE-FAMILY RESIDENCE, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5 -MR), IN ZONING CASE NO. 658, (POST). City Manager Nealis presented the staff report outlining the applicants' request, providing background regarding the property and Planning Commission action relative to Zoning Case No. 658. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-07. Councilmember Lay seconded the motion, which carried unanimously. RESOLUTION NO. 2003-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT AN ADDITION AND EXPANSION OF THE FRONT ENTRANCE WHICH WILL ENCROACH INTO THE FRONT YARD SETBACK AND A VARIANCE TO RETAIN THE EXISTING DRIVEWAY, WHICH EXCEEDS THE MAXIMUM PERMITTED COVERAGE OF THE FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6 OPEN BRAND ROAD, (LOT 112 -EF) IN ZONING CASE NO. 659, (TABAZADEH). Minutes City Council Meeting 04/28/03 -1- City Manager Nealis presented the staff report outlining the applicants' request, providing background regarding the property and Planning Commission action relative to Zoning Case No. 659. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council received and file Resolution No. 2003-09. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously. 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 indicating that they are continuing to work on a revised plan. Hearing no objection, Mayor Hill continued the public hearing to the next regular meeting of the City Council on Monday, May 12, 2003. OLD 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 indicating that this Ordinance is being presented for consideration of second reading and adoption. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 291. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously. RESOLUTION NO. 932: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING TO THE CITY OF ROLLING HILLS ESTATES A PORTION OF ITS AVAILABLE PROPOSITION C TRANSPORTATION FUNDS. RESOLUTION NO. 933: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING TO THE CITY OF RANCHO PALOS VERDES A PORTION OF ITS AVAILABLE PROPOSITION C TRANSPORTATION FUNDS. City Manager Nealis presented the staff report indicating that Resolution No. 932 and Resolution No. 933 memorialize the City Council action at their last meeting to assign one-half of the City of Rolling Hills portion of its available Proposition C Transportation Funds to the City of Rolling Hills Estates and the other half to the City of Rancho Palos Verdes. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolutions No. 932 and No. 933. Councilmember Lay seconded the motion, which carried unanimously. CONSIDERATION OF A DATE FOR THE CITY COUNCIL/RHCA BOARD OF DIRECTORS JOINT MEETING. City Manager Nealis reported that there was a conflict in the scheduled date of May 1, 2003 for the City Council/RHCA Board of Directors Joint Meeting. Councilmembers proposed that this meeting be held on Wednesday, May 14, 2003 at 7:30 p.m. and directed staff to communicate this proposed date to the RHCA. Minutes City Council Meeting 04/28/03 -2- 1 1 1 CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Hill requested that this item be considered at the end of this evening's agenda. NEW BUSINESS CONSIDERATION OF A REPORT RELATIVE TO INCREASES IN THE CITY OF ROLLING HILLS DEPOSIT FOR LIABILITY INSURANCE COVERAGE PROVIDED BY THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY PRIMARILY DUE TO EXISTING LITIGATION AGAINST THE CITY (JUDITH HASSOLDT AND WILLIAM HASSOLDT, INDIVIDUALS, PLAINTIFFS, VS CITY OF ROLLING HILLS, et. al., LOS ANGELES COUNTY SUPERIOR COURT, CASE No. BC 275012). City Manager Nealis presented the staff report providing background regarding the increases in the City's deposit for liability insurance coverage provided by the California Joint Powers Insurance Authority. City Manager Nealis introduced Mr. Jon Shull, Executive Director of the California Joint Powers Insurance Authority. Mr. Shull commented on the City's previous lack of claims history and provided information regarding the rolling retro and primary deposit calculations. He reported that due to the financial difficulties that many cities are facing, the CJPIA Executive Committee has authorized a one-time reduction of the primary deposit by 50% for this year for cities that choose to do so, however, this money would be paid back in future deposits. Councilmember Black expressed concern about this suggested reduction. In response to Councilmember Black, Mr. Shull explained the asset pool and reserves held by the CJPIA and that the CJPIA is a member - driven organization and the actuarial study supported the ability for the CJPIA to offer this deposit adjustment this year. Mr. Shull also reported that since he had provided the correspondence regarding the increase in the City's liability insurance coverage, a seconded claim had been submitted against the City. After a brief discussion regarding the calculations, Councilmembers thanked Mr. Shull for his report. CONSIDERATION OF REPORT REGARDING TRAFFIC ENFORCEMENT IN THE CITY. City Manager Nealis presented the staff report outlining the current costs for traffic enforcement and the estimated cost estimate for overtime traffic enforcement. Mayor Hill suggested that the City Council authorize the overtime traffic enforcement in the City for approximately 60 days. Discussion ensued regarding the benefits of the proposed extra traffic enforcement in the City. In response to Councilmember Lay, City Manager Nealis explained that if the Regional Law Enforcement Committee authorizes an additional traffic patrol car in the region, that it would probably be proposed to start on August 1, 2003. Discussion ensued regarding timeframes for deployment of an overtime traffic patrol in the City. Lieutenant Herrera indicated that the Sheriff's Department would be willing to work with staff to determine times and locations where the overtime traffic patrol would be deployed. Mayor Pro Tem Heinsheimer moved that the City Council authorize 100 hours of additional overtime traffic enforcement to be deployed at the direction of staff and Sheriff's Department between now and through the July 4, 2003 weekend. Councilmember Black seconded the motion, which carried unanimously. Councilmembers requested staff to update the City Council of the impact of this additional service. CONSIDERATION OF REQUEST FOR PROPOSAL FOR NEW HAND HELD 2 -WAY EMERGENCY RADIOS. City Manager Nealis presented the staff report providing background regarding the proposed Request For Proposal and specifications for hand held 2 -way emergency radios. Councilmembers discussed the costs per unit for the proposed system. City Manager Nealis explained that Motorola radios were selected to standardize the RFP and were consistent with existing radios owned by the City. Mayor Hill reported that most emergency service agencies utilize Motorola radios. Minutes City Council Meeting 04/28/03 -3- Mayor Pro Tem Heinsheimer suggested that this item be held on agenda until all Councilmembers are present and for further research. Hearing no objection, Mayor Hill so ordered. CONSIDERATION OF THE COUNTY OF LOS ANGELES REVISED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ANNUAL CONTRACT. RESOLUTION NO. 934: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING A REVISED REIMBURSABLE CONTRACT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES FOR THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. City Manager Nealis presented the staff report indicating the adoption of this Resolution extends the City's performance date for these funds. He explain that previously, these funds have been allocated to the City of Rancho Palos Verdes for their low and moderate income home improvement program. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 934. Councilmember Lay seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Richard Colyear, 35 Crest Road West, commented on the increase in traffic enforcement approved by the City Council and suggested that an article be placed in the Citywide Newsletter regarding the initiation of this additional service. Mr. Colyear also commented on his concerns about pedestrians that walk in the middle of Crest Road. Mr. Colyear also suggested that the City's Website be noted on the back of the Citywide Newsletter so residents could view the final Agenda for the upcoming City Council meeting in the event that a subject were added or deleted after the Newsletter is sent to residents. In response to Mr. Colyear, City Attorney Jenkins stated that the entire Section 9.20 of the Municipal Code will be removed with the adoption of Ordinance No. 291. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Hill indicated that he would provide the assignments at the next City Council meeting. Councilmember Black commented on the City's increased cost for insurance and expressed concern about the impact that the Hassoldt litigation had on this increase and indicated that he feels that the community should be made aware of this issue. The City Council concurred that further dissemination of information related to this issue could be accomplished during the FY 2003-04 Municipal Budget process. Councilmember Lay encouraged staff to advertise the fact that the City Council has doubled the traffic enforcement in the City in the Citywide Newsletter as a method to deter speeding vehicles and other traffic safety regulation offenders in the City. MATTERS FROM STAFF None. At 8:25 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 action was taken in closed session. Minutes City Council Meeting 04/28/03 -4- 1 �J 1 1 MEETING RECONVENED Mayor Hill reconvened the meeting at 8:29 p.m. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:29 p.m. to the next regular meeting of the City Council to be held on Monday, May 12, 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 04/28/03 Respectfully submitted, R p_XnJ Marilyn L. kern Deputy City Clerk -5-