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5/27/2003MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 27, 2003 CALL TO ORDER A regular adjourned meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 2. ROLL CALL Councilmembers Present: Black, Lay, Pernell Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. 3. 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 May 12, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of April, 2003. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for April, 2003. RECOMMENDATION: Receive and file. e. Confirmation of date for City Council/RHCA Board Joint Meeting. RECOMMENDATION: Approve as presented. Mayor Pro Tem Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2003-10. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR SITE PLAN REVIEW TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED IN MARCH 2001, AT A SINGLE FAMILY RESIDENCE, AT 10 PORTUGUESE BEND ROAD, LOT 52-RH, IN ZONING CASE NO. 660. (HWUNG). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding this Zoning Case and the Planning Commission denial of this application. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-10. This motion was seconded by Councilmember Pernell. Councilmember Black questioned the necessity for the denial in this case. He reported that he had visited the property and did not feel that the pool and spa represented any issue for development. Discussion ensued regarding the Planning Commission action relative to this case. Councilmember Black asked about the procedures for the City Council to take a case under jurisdiction or the applicant's right to appeal the decision of the Planning Commission. City Manager Nealis provided information relative to the options in the Municipal Code for the applicant to appeal the decision of the Planning Commission and the City Council's authority to take a case under jurisdiction. Minutes City Council Meeting 05/27/03 -1- In response to Councilmember Black, Mayor Pro Tem Heinsheimer indicated that it is the usual procedure of the City Council to receive and file cases of the Planning Commission and that generally, the City Council takes cases under jurisdiction when the Commission has approved a case in which the City Council has questions. Councilmember Black requested staff to explain the costs associated with the applicant appealing this case. Following discussion, Mayor Pro Tem Heinsheimer requested that the motion be voted upon and if the motion fails, the City Council could determine whether there was support for taking the case under jurisdiction. Hearing no further discussion, Mayor Hill called for a vote on the previous motion. AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Hill. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS RESOLUTION NO. 935: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91 -EF. (TONSICH). City Manager Nealis presented the staff report outlining Resolution No. 935 which had been prepared as directed by the City Council at their last meeting. He indicated that the applicant would be required to locate the garage 14 feet from the property line as proposed at the last City Council meeting. Mayor Pro Tem Heinsheimer moved that the City Council adopt Resolution No. 935. Councilmember Lay seconded the motion which, carried by the following role call vote: AYES: Councilmembers Pernell, Heinsheimer, Black, Lay and Mayor Hill. Noes: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black reported on his recent attendance at a South Bay Cities Council of Governments meeting. Councilmember Black presented Mayor Hill with information that he obtained from the South Bay Cities Council of Governments meeting. Councilmember Pernell questioned whether City staff had received any comments from residents relative to the additional traffic patrols in the City. City Manager Nealis reported that he had not had any contact from residents. City Manager Nealis did indicate that 9 citations were issued during the first week of this program and that this was an increase over the average of 19 citations per month that have been issued during the first quarter of 2003. Councilmember Black indicated that he has received positive comments from residents regarding this new traffic enforcement service and that even a resident that received a citation had supported the introduction of the additional traffic patrols. Minutes City Council Meeting 05/27/03 -2- MATTERS FROM STAFF City Manager Nealis reported on coyote management efforts recently deployed in the City and indicated that he will keep the City Council informed about these efforts. MATTERS FROM THE CITY ATTORNEY CONSIDERATION OF THE 13TH AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT. A report was provided by City Council Personnel Subcommittee Members Councilmember Allen Lay and Mayor Frank Hill. Following a brief discussion, Councilmember Heinsheimer made a motion to approve the amendment as presented. This motion was seconded by Councilmember Pernell. Councilmember Black indicated that he does not oppose the salary adjustment for the City Manager. However he questioned the practice of providing the employee portion of the PERS retirement contribution and that the City pays both the employer and employees portions. Following discussion, the City Manager indicated that he is unaware of any cities that do not pay the employees portion of the PERS retirement system contribution and that this is a standard practice in municipal government. Councilmember Black also expressed concern regarding the City's necessity to pay larger portions of funds to PERS in down years and that a stop -loss system should be incorporated. Discussion ensued among the City Council regarding the City's contractual relationship with PERS and PERS contractual obligation to fund pensions statewide. Councilmember Lay indicated that in his experience and from his perspective, that PERS has generally out performed mutual funds. Councilmember Black suggested that in poor performing years, retirement funds should be allocated to another retirement investment. Councilmember Black expressed concern regarding the. lack of connection between the benefits levels and the salary adjustment. He expressed that the benefit package was generous. Following a brief discussion, the motion made previously by Mayor Pro Tem Heinsheimer that was seconded by Councilmember Pernell passed by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Lay, Pernell and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. 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. ADIOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting in memory of long time Rolling Hills resident Dr. Frank Stanton at 7:49 p.m. The meeting was adjourned to the next regular meeting of the City Council to be held on Monday, June 9, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully sub itted, Cral'g"R. Nealis City Manger/City Clerk Appr d, Fra E. Hill Mayor Minutes City Council Meeting 05/27/03 -3-