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5/12/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 12, 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 7:32 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. 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 28, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. 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. 2003-04: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE INCLUDING A BASEMENT, A POOL AND A FUTURE STABLE ON A VACANT LOT AT 18 PORTUGUESE BEND ROAD, IN ZONING CASE NO. 656 (MARSHALL). RESOLUTION NO. 2003-08: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE APPROVAL TO CONSTRUCT A FUTURE STABLE IN THE FRONT YARD AREA AT 18 PORTUGUESE BEND ROAD, (LOT 79-2-RH), IN ZONING CASE NO. 662 (MARSHALL). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding this Zoning Case. He reported that the City Council took jurisdiction of this case and that it was remanded back to the Planning Commission for review of a Variance to construct the future stable in the front yard. He stated that the action relative to the Variance request is memorialized by Planning Commission Resolution No. 2003-08, on the agenda. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-04 and Resolution No. 2003-08. Councilmember Lay seconded the motion. Councilmember Black commented one the Development Agreement relating to the undergrounding of utilities on the subject property also on the agenda. He indicated that he feels that the Development Agreement should be dealt with prior to the City Council considering these Resolutions. Discussion ensued regarding undergrounding of the utilities required by the subdivision approval. In response to Councilmember Pernell, City Manager Nealis presented an explanation of the three items relating to this property that appear on the agenda. Councilmember Black expressed concern that the applicant is in default of the original agreement to underground the utilities on the property by April, 2000 and that the applicant is Minutes City Council Meeting 05/12/03 -1- requesting another 2 years to complete this work. He stated that he feels that the undergrounding should be completed prior to the applicant being given the approvals requested this evening. In response to Councilmember Pernell, City Manager Nealis explained that the subdivision that created the new lot required that the utilities be undergrounded. He explained the current configuration of the utilities on the property and the proposed configuration of underground utilities and indicated that work has not been completed by the applicant and the City has not exercised the two $120,000 performance and cost bonds. He explained that staff did not feel that the applicant would not complete this work and that staff attempts to work with all residents to complete requirements during the development on their property, if necessary. City Manager Nealis explained that Dr. Ralph Black, 36 Saddleback Road, had expressed concern to the City Council and Planning Commission regarding the undergrounding of the utilities for these properties. City Manager Nealis explained the Planning Commission review of the Variance for the placement of a future stable in the front yard and that staff had informed the Commission of the ability to include language relating to undergrounding of utilities in the Resolution regarding the Variance, but that the Commission elected to not include any conditions relative to undergrounding of utilities in the Resolution. Further, City Manager Nealis indicated that a disagreement had occurred between staff and the applicant's representative at the Commission meeting as to which poles on the properties were required to be undergrounded, specifically, the overhead lines that cross Portuguese Bend Road. Further, City Manager Nealis explained that due to the Commission not including a condition relative to undergrounding, the disagreement as to what lines are required to be undergrounded and in an effort to address the concerns expressed by Dr. Ralph Black, that staff had negotiated the development agreement to re-establish a firm timeframe for the undergrounding to be completed, clarify which poles and wires are to be placed underground and to revise the bond amounts to cover expenses for this project. In response to Councilmember Pernell, City Manager Nealis explained that the applicant has agreed with the development agreement and that staff has already received one of the bonds. City Attorney Jenkins reported that one of the bonds guarantees performance and the other guarantees payment to the contractors and that the City would liquidate these bonds if the subdivider fails to perform the improvements within the time period in the new agreement. He explained that the subdivider is in default under the existing agreement and that he is now requesting an extension of time. He further explained that most subdividers are not able to construct all of the required improvements at the time they request approval of the final map and that they bond for this work so that they can record the subdivision and sell the properties in order to use those funds to complete the improvements. Mayor Pro Tem Heinsheimer suggested that the City Council consider the motion to receive and file Resolution No. 2003-04 and Resolution No. 2003-08 at this time and consider the undergrounding issue with Item No. 8-A. Councilmember Black commented on the commitment of the applicant to underground the utilities within two years after the approval of his subdivision. He stated that he feels that the undergrounding of the utilities in this area will benefit all residents. He expressed concern that the City Council may loose leverage on Item 8-A if the Council approves these two items at this time. Mayor Pro Tem Heinsheimer commented that he feels that completing this type work in conjunction with other work on the property would be less invasive on the community. Councilmember Lay indicated that the applicant should be forewarned that if the undergounding is not complete by the timeframe in the agreement, that the City will use the bonds to complete this work. Hearing no further discussion, Mayor Hill called for a roll call vote. AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO CORRESPONDENCE FROM MR. JOE HUMMEL, TENNIS CLUB FACILITIES CHAIRMAN, PROPOSING RELOCATION OF THE VISITOR STOP SIGN AND A "KEEP CLEAR" PAVEMENT MARKING BETWEEN THE COMMUNITY ASSOCIATION GATE GUARD HOUSE AND THE TENNIS COURT PATHWAY. Minutes City Council Meeting 05/12/03 -2- City Manager Nealis presented the staff report outlining Mr. Hummel's request and the Traffic Commission's and Traffic Engineer's recommendation for the implementation of a "Wait Here" sign with a 12" limit line in the area approaching the visitor's entrance at the Main Gate as well as the installation of an additional "Stop" sign with the stop legend pavement marking at the visitors entrance travel lane. Mayor Pro Tem Heinsheimer expressed that he feels that this solution may create confusion for pedestrians and those waiting to check in at the gate because of the non-standard signage. Mr. Joe Hummel, Tennis Club Facilities Chairman, explained the proposed 12" limit line and indicated that this marking in conjunction with the "Wait Here" sign will create enough room for pedestrians. He stated that he feels that this is a modest proposal. In response to Councilmember Pernell, City Manager Nealis explained that this recommendation would cost approximately $500. Councilmember Pernell suggested that if the City Council were to approve this recommendation that its effectiveness should be monitored. In response to Councilmember Pernell, Mr. Hummel stated that he has noticed a problem in the area with pedestrians trying to squeeze through waiting vehicles to access the tennis courts. Councilmember Lay explained that he has seen this type of signage in other cities. Mayor Hill indicated that the Traffic Engineer felt that this recommendation would not pose a liability problem for the City. Hearing no further discussion, Mayor Hill called for a motion. Councilmember Pernell moved that the City Council approve the recommendation of the Traffic Engineer and Traffic Commission for the implementation of a "Wait Here" sign with a 12" limit line in the area approaching the visitor's entrance at the Main Gate as well as the installation of an additional "Stop" sign with the stop legend pavement marking at the visitors entrance travel lane. Councilmember Lay seconded the motion which carried unanimously. The City Council requested that Mr. Hummel evaluate the implementation of the "Wait Here" sign for four months and report back to the Traffic Commission. 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 staff report outlining the applicant's request and revised plan depicting the proposed detached garage seven feet into the side yard setback. Mayor Hill opened the public hearing and called for testimony. Mr. Nick Tonsich, applicant, presented aerial photographs of the property and proposed improvements. He also presented information regarding the sound insulation for the proposed garage. He explained that the aerial photograph of the easement shows existing trees between the garage structure and the neighboring property at 38 Eastfield Drive. He explained that the introduction of one tree will accomplish the screening of the proposed garage from the neighboring property and that he feels that this tree would not cause damage to the proposed structure. He commented on the concerns expressed by the neighboring property owner regarding potential traffic noise with the addition of the proposed three -car garage. Mr. Tonsich indicated that if the garage were to be placed further away from the setback that it would block the driveway access and that more grading would needed. In response to Councilmember Black, Mr. Tonsich explained that the revised plan depicts the structure one more foot away from the setback line and that it was his understanding that the City Council had wanted the structure moved in order to accommodate planting to screen the structure from the neighboring property. Councilmember Lay expressed concern that the existing planting in the easement may be cleared at some point in the future. He also commented on the 18" roof overhand that is required by the Community Association. Mr., Tonsich explained that a trellis structure in this area might accommodate planting to screen the structure. Minutes City Council Meeting 05/12/03 j3- Councilmember Heinsheimer indicated that he feels that the proposed structure is an improvement over the existing structure currently on the property. He expressed concern that if the structure were to be moved further out of the setback area that it may create grading and drainage problems as well as vehicular access problems. Councilmember Pernell expressed concern about the distance that the structure was moved over the previous plan. He explained that he feels that the easements in the City should be preserved. Mr. Tonsich explained the distance that the structure had been moved since the Planning Commission approved the proposed improvements. Mr. William Bauer, 38 Eastfield Drive, indicated that his wife is the co-owner of the property and that she has not had the chance to review the aerial photographs and other exhibits submitted by Mr. Tonsich this evening. He requested the opportunity for her to review this material. Mr. Bauer commented on the proposed guesthouse and indicated that a guesthouse may increase vehicle traffic in the driveway area. In response Mr. Tonsich's explanation that he has not received complaints about noise Mr. Bauer indicated that Mr. Tonsich does not currently reside at the property. He stated that the applicant's driveway goes through his property. Hearing no further discussion, Mayor Hill closed the public hearing and called for a motion. After discussion regarding the distance of the proposed garage structure from the setback, the applicant agreed to amend the plan moving the garage structure 4 feet from the setback. Councilmember Lay moved that the City Council direct staff to prepare a Resolution of Approval in Zoning Case No. 653 incorporating an amendment to the plan depicting an encroachment of the proposed detached garage six feet into the side yard setback. Mayor Pro Tem Heinsheimer seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Lay, and Mayor Hill. NOES: Councilmember Pernell. ABSENT: None. ABSTAIN: None. Staff was directed to review the plan to ensure that the revised plan is consistent with the Resolution of Approval. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Scott Breitenstein, 5 Acacia Road, addressed the City Council and reported that he is currently working on a Boy Scout Merit Badge. He requested that the City Council consider re -striping the crosswalk on Portuguese Bend Road at Acacia Lane because it had been partially marked out due to re -paving. City Manager Nealis explained that this work would be done with the FY 03-04 Citywide Street Striping and Pavement Marking Project. OLD BUSINESS CONSIDERATION OF REQUEST FOR PROPOSAL FOR NEW HAND HELD 2 -WAY EMERGENCY RADIOS. City Manager Nealis presented staff report outlining a concern expressed at a meeting of the Disaster Preparedness Block Captains and PERT Members in the City regarding communication during an emergency and information regarding a proposed hand held 2 -way communication system. City Manager Nealis indicated that he spoke to the vendor that provided the information regarding the Motorola system that is outlined in the staff report and that the vendor indicated that Kenwood might provide similar equipment. In response to Councilmember Black, City Manager Nealis indicated that the total cost for the 28 units is approximately $22,000. Councilmember Heinsheimer inquired as to whether any exercises have been conducted related to emergency communications. City Manager Nealis explained that the existing radio communication units have been used in the City, and the staff tests, however, based on the topography of the City, communications are not 100%. City Manager Nealis explained that should normal communications be out of commission that perhaps hand held radios would be beneficial. He explained that during a phone outage that occurred in the City some time ago that staff personally visited the homes of the Block Captains to communicate the situation to them. Minutes City Council Meeting 05/12/03 -4- In response to Councilmember Pernell, City Manager Nealis, explained that the Block Captains would be instructed as to when to use the emergency communication system and that this item had been placed before the City Council to address a concern that was raised by the Block Captains. City Manager Nealis explained the FCC frequency utilized by the City. Discussion ensued regarding the Disaster Communication System utilized by the Sheriff's Department. Mayor Hill commented on the proposed system and expressed concern about being able to determine if a block captain is home during a disaster and able to operate the radio. Following the discussion regarding the proposed system, possible training and usage of the system and related costs, the City Council requested more information and directed staff to work with Councilmember Pernell in this regard. CONSIDERATION OF A DATE FOR THE CITY COUNCIL/RHCA BOARD OF DIRECTORS JOINT MEETING. City Manager Nealis presented the suggested dates for the joint meeting. Councilmembers proposed that this meeting be held on Wednesday, June 11, 2003 as the first choice and Wednesday, June 4, 2003 as the second choice at 7:30 p.m. and directed staff to communicate these proposed dates to the RHCA. CITY COUNCIL COMMITTEE ASSIGNMENTS. There being no objection, the City Council approved the City Council Committee Assignments as presented by Mayor Hill. NEW BUSINESS CONSIDERATION OF A DEVELOPMENT AGREEMENT RELATING TO THE UNDERGROUNDING OF UTILITIES AT 17 AND 18 PORTUGUESE BEND ROAD (MARSHALL). City Manager Nealis presented the staff report. He indicated that a majority of the Planning Commissioners felt that the undergrounding utility requirement should not be linked with the approval of the Variance for the stable in the front yard and therefore staff created this development agreement with the City Attorney to accomplish the undergrounding of utilities. He explained that staff has always worked with applicants, rather than to liquidate bonds, to complete requirements. City Manager Nealis explained that in an effort to address issues previously mentioned at tonight's meeting, the new development agreement set a timeframe of 24 months or upon commencement of grading on the property for the undergrounding to be completed. In response to Mayor Pro Tem Heinsheimer, City Manager Nealis explained the configuration of the proposed underground utilities that were required with the subdivision. Councilmembers discussed other utility poles in the area and the possibility of those property owners voluntarily undergrounding their utilities at the same time that Dr. Marshall completes his underground requirement. City Manager Nealis reported that Southern California Edison would work with the property owners in the area to accomplish any private underground utility project requested by the residents. City Manager Nealis indicated that the property owners in the area could be alerted to the undergrounding project that is required by Dr. Marshall. In response to Councilmember Black, City Manager Nealis explained that the exhibit depicting the undergrounding of the utilities on Dr. Marshall's property presented this evening matches the requirements under the subdivision approval. Planning Director Schwartz stated that there is a condition in the Resolution of Approval for the subdivision that specifically states which poles must be eliminated and explains the configuration of the underground utility requirements on Dr. Marshall's property. Councilmember Lay commented on the 2 -year timeframe outlined in the agreement and the Site Plan Review approval, which must be completed within 1 year. Planning Director Schwartz explained that the utilities are required to be placed underground in conjunction with the grading process, or 2 years, whichever occurs first. He stated that he feels that this is a reasonable approach. In response to Councilmember Lay, City Manager Nealis stated that a grading permit is not required for the trenches to underground utilities. Dr. Ralph Black, 36 Saddleback Road, commented on the unsightly appearance of overhead utility lines. He indicated that the utilities in Palos Verdes Estates are underground and Minutes City Council Meeting 05/12/03 -5- commented on the ambiance created by the underground utilities. Dr. Black commented on the line that crosses Portuguese Bend Road and indicated that this is the core entrance to the City. He expressed concern that the utilities have not been undergrounded per the subdivision agreement and queried as to whether this is fair to the residents of Rolling Hills. In response to Mayor Hill, Dr. Black explained that it was made very clear to him when he created a subdivision on Portuguese Bend Road that he would have to underground the utilities. He stated that he feels that subdividers should know that underground utilities is a requirement of obtaining subdivision approval and that they should work this requirement into their budget. He expressed concern that the undergrounding of the utilities will be delayed if Dr. Marshall were to sell this lot. He stated that the residents of Rolling Hills should be able to enjoy the ambiance of underground utilities now. He stated that he feels that the City Council should require this work to be done by September ls` and exercise the bond if the work is not complete. Mayor Hill commented on increase in the amount of the bonds and the financial loss to the applicant if he does not meet the requirements of the development agreement. Mayor Pro Tem Heinsheimer moved that the City Council approve the Development Agreement. Discussion ensued regarding the development agreement. City Manager Nealis explained the Edison Company would approve the design, pull the lines and activate the underground utilities. He stated the applicant would hire a contractor to complete the rest of the work. Mayor Pro Tem Heinsheimer stated that he feels that that the undergounding of the utilities will occur in a more timely manner with the implementation of the new agreement. Councilmember Black expressed concern that this work had not been completed as required under the original subdivision agreement. In response to Mayor Hill, Councilmember Black stated that the City had absolute dates and bonding previously and that the applicant failed to complete the work. He commented on a neighboring property owner who privately undergrounded the utilities on his property who was willing to work with Dr. Marshall to complete an underground project. He indicated that Dr. Marshall's property is for sale. Discussion ensued regarding the bond amount stipulated in the Development Agreement. In response to Councilmember Pernell, City Attorney Jenkins explained that it may take longer than the 2 years to complete the undergrounding if the City liquidates the bonds connected with the agreement. Councilmembers discussed the prospective sale of the property and how the sale would impact the agreement. Councilmember Lay seconded the previous motion made by Mayor Pro Tem Heinsheimer. Dr. Robert Marshall, 17 Portuguese Bend Road, explained that he wanted to subdivide his property in order to sell the lot in order to modify his existing residential structure. He explained the amount of time that it had taken for him to go through the subdivision process. He indicated that the more restrictions that are placed on his property the harder it will be for him to sell the new lot. In response to Councilmember Black, Dr. Marshall explained that he had intended to underground the utilities at the time of development of the vacant lot and that staff indicated that they would work with him to complete this work. Councilmember Pernell stated that he would suggest a partial payment of the bond in cash due to the default history of the applicant. Mayor Pro Tem Heinshiemer stated that City has historically the worked with residents to complete development requirements. He expressed concern that renegotiation of the Development Agreement would undermine the integrity of the Planning Commission and the Council. Councilmember Lay stated that it is clear to him that the undergournding will not be completed unless the property is sold. Councilmembers discussed the suggestion of a partial payment of the bond in cash. City Attorney Jenkins explained how this process could work. Mayor Pro Tem Heinsheimer commented that this process would make the lot harder to sell and delay the underground utilities further. Hearing no further discussion, Mayor Hill called for a roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 05/12/03 01 1 1 1 1 Staff was directed to determine whether any other poles could be undergrounded in conjunction with the underground requirements for the Marshall property at 18 Portuguese Bend Road. CONSIDERATION OF A CLAIM SUBMITTED BY DANIEL D. & MARLENE C. WHITCRAFT, 46 SEAWALL RD., RANCHO PALOS VERDES, CALIFORNIA. City Manager Nealis presented the claim. Mayor Pro Tem Heinsheimer moved that the City Council deny this claim and directed staff to provide a standard letter of denial. Councilmember Lay seconded the motion, which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on the Development Agreement for 18 Portuguese Bend Road and requested that staff advise the City Council when such an agreement may be in default. Councilmember Lay expressed concern about information regarding crime statistics that are being circulated by the RHCA Committee on Security and Privacy. MATTERS FROM STAFF City Manager Nealis reported that a memo from RHCA Manager Peggy Minor had been received earlier in the day requesting that the City place an ad in the Newsletter relating to a correction to the RHCA Gate Automation Privacy Survey/Election. He indicated that unless the City Council had an objection, he would respectfully decline this request because he felt that this matter strictly relates to the RHCA and an article in the Citywide Newsletter might confuse residents. There were no objections. Mayor Hill commented on this issue relating to the survey mailed out by the RHCA. He suggested that the RHCA consider a secret ballot arrangement. 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. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 10:07 p.m. to the next regular meeting of the City Council to be held on Monday, May 26, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It was noted that Monday, May 26, 2003 is Memorial Day and that an adjourned regular meeting of the City Council will be held on Tuesday, May 27, 2003. Appro d, Frank E. Hill Mayor Minutes City Council Meeting 05/12/03 Respectfully submitted, n� Marilyn L. kern Deputy City Clerk -7-