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7/28/2003 (2)MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JULY 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 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: Black (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Nan Huang, Finance Director. Marilyn Kern, Deputy City Clerk. 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 - (1) Adjourned Regular Meeting of June 11, 2003 and (2) Regular Meeting of July 14, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement with the Investment Report for the month of June, 2003. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for June, 2003. RECOMMENDATION: Receive and file. e. Revised View Impairment Complaint Application. RECOMMENDATION: Approve as presented. f. Approval of authorization for staff to lease a new copier. 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 by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 2003-11. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A STABLE AND CORRAL WHICH REQUIRE GRADING AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED SLOPE GRADIENT OF THE ACCESSWAY TO THE STABLE IN ZONING CASE NO. 661, AT 5 CHUCKWAGON ROAD, ROLLING HILLS, (LOT 1-CRB), (SOEJINIA). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 661. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-11. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting 07/28/03 -1- RESOLUTION NO. 2003-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING MODIFICATIONS TO PLANNING COMMISSION RESOLUTION NO. 2000-28 AND AMENDING CONDITIONS IMPOSED FOR PREVIOUSLY APPROVED APPLICATION TO: (1) MODIFY THE VARIANCE FOR ENCROACHMENT OF RETAINING WALL INTO THE FRONT YARD SETBACK, (2) A VARIANCE TO PERMIT ENCROACHMENT OF A RETAINING WALL INTO THE WEST SIDE YARD SETBACK, AND (3) TO MODIFY THE VARIANCE TO EXCEED THE MAXIMUM DRIVEWAY COVERAGE IN THE FRONT YARD AT A SINGLE FAMILY RESIDENCE, WHICH IS CURRENTLY BEING CONSTRUCTED AT 9 MAVERICK LANE, IN ZONING CASE NO. 621 MODIFICATION, (LOT 27 -SK), (SHOEMAKER). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 621. Councilmember Lay stated that he will abstain from consideration of this Zoning Case due to the proximity of the proposed development to his property. Hearing no further discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-12. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. TRAFFIC COMMISSION ITEMS CONSIDERATION OF RECOMMENDATION FROM THE TRAFFIC COMMISSION REGARDING AWARD OF FY 2003-04 CITY OF ROLLING HILLS CITYWIDE STREET STRIPING AND PAVEMENT MARKING PROJECT. City Manager Nealis presented the staff report providing the recommendation from the Traffic Commission relative to the award of bid for the FY 2003-04 Citywide Street Striping and Pavement Marking Project. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council award the FY 2003-04 City of Rolling Hills Citywide Street Striping and Pavement Marking Project to Line Master of Glendale, California in an amount not to exceed $22,472.65. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO THE PALOS VERDES ART CENTER AND PVP ROTARY CLUB CAR RALLYE TO 6 MIDDLERIDGE LANE NORTH ON SEPTEMBER 13, 2003. City Manager Nealis presented the staff report providing the recommendation from the Traffic Commission that the City Council approved the PV Art Center and PVP Rotary Club Car Rallye to 6 Middleridge Lane North on September 13, 2003. In response to Councilmember Pernell, City Manager Nealis indicated that there was a minor car parking complaint at last year's event and indicated that he had discussed this with the property owner. He stated that the parking situation may be minimized this year because there is an afternoon rallye event offsite that will cause cars to leave 6 Middleridge Lane North earlier than last year. Councilmember Lay moved that the City Council approve the recommendation from the Traffic Commission relative to the Palos Verdes Art Center and PVP Rotary Club Car Rallye to 6 Middleridge Lane North on September 13, 2003. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously by those Councilmembers in attendance. PUBLIC HEARINGS - Continued ZONING CASE NO. 660 CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR A SITE PLAN REVIEW TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL/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. (HWUNG). City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to this Zoning Case. He reported that the City Council had conducted a public hearing field review of the property just prior to this evening's meeting and indicated that two letters supporting Minutes City Council Meeting 07/28/03 -2- approval of the project from surrounding neighbors had just been submitted and placed before the City Council. Mayor Hill opened the continued public hearing and called for testimony. Mr. Jeff Pieper, 3 Eucalyptus Road, indicated that he had talked with neighbors in the area and that they are all in favor of the construction of a swimming pool and spa on the property. He commented on the pad coverage guideline and questioned the idea of a pool being considered a structure. He indicated that he feels that a pool and spa would be a nice addition to the property. Mr. Stan Lamport, applicants' representative, commented on the impact of the Community Association easements relative to the setbacks and net lot area for this property. He commented on the pad coverage guideline and indicated that it is only a guideline and not a fixed standard. He indicated that he feels that the construction of a pool and spa does not affect the overall massing of the property. Hearing no further testimony, Mayor Hill closed the public hearing. Councilmembers discussed the proposed project. Mayor Pro Tem Heinsheimer stated that he appreciates the Planning Commission giving the City Council the opportunity to look at this case due to their concern over incremental improvements. He stated that he feels that the pool and spa, however, are an enhancement to the property. Councilmember Lay stated that he is always reluctant to override a Planning Commission decision and that the City Council has not done so in many years. He stated that he feels that the pool and spa do not impact the property due to the impact of the easements on the property and that he would be in favor of approving the application. Councilmember Pernell commented on the project and indicated that the applicants perhaps may have found it more convenient to have applied for the pool and spa at the time of the original application. . Councilmember Lay moved that staff be directed to prepare a resolution of approval in Zoning Case No. 660. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously by those Councilmembers in attendance. OLD BUSINESS CONSIDERATION OF REVISED DRAFT CORRESPONDENCE RELATIVE TO CITY COUNCIL AND COMMUNITY ASSOCIATION BOARD OF DIRECTORS JOINT MEETING. City Manager Nealis presented the staff report outlining the revisions to the draft correspondence made by Councilmember Black and the City Attorney. Mayor Pro Tem Heinsheimer suggested that this item remain on the agenda until Councilmember Black is in attendance. Hearing no objection, Mayor Hill so ordered. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell commented on his recent attendance that the California Joint Powers Insurance Authority Annual meeting. He stated that an election for the Board of Directors was conducted and that the incumbents were re-elected. He also reported on his attendance at the Homeland Security Advisory Council meeting. He stated that progress is being made in connecting and improving communications between the business community and first responders. MATTERS FROM STAFF None. Minutes City Council Meeting 07/28/03 -3- MATTERS FROM THE CITY ATTORNEY 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 at 7:50 P.M. to the next regular meeting of the City Council to be held on Monday, August 11, 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 07/28/03 Respectfully submitted, Marilyn Ke4 rn Deputy City Clerk -4- F� 11