Loading...
8/25/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AUGUST 25, 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: 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. Nan Huang, Finance 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 August 11, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of July, 2003. RECOMMENDATION: Approve as presented. d. Consideration of a date for the Annual Holiday Open House. RECOMMENDATION: Approve as presented. e. BFI Recycling Tonnage Report for July, 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. 2003-15. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED TRELLIS AND BLOCK WALLS AT AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST (LOT 31 -SF), IN ZONING CASE NO. 666. (MURRELL). City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 666. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-15. Councilmember Pernell seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. Minutes City Council Meeting 08/25/03 -1- 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 providing background regarding the proposed letter. Councilmember Black suggested a minor amendment to the letter under the View Impairment Section and moved that the City Council approve the draft correspondence and that staff be directed to proceed after the litigation expenses to date by the City and the RHCA had been added to the letter. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. NEW BUSINESS CONSIDERATION OF DISPOSITION OF CITY OF ROLLING HILLS SURFACE TRANSPORTATION PROGRAM LOCAL (STP -L) FUNDS. City Manager Nealis presented the staff report providing background regarding these funds and he presented the roadway improvement projects submitted for consideration of funding by Rancho Palos Verdes and Rolling Hills Estates. In response to Councilmember Black, City Manager Nealis indicated that the projects submitted by each city were the same projects that received Proposition C funding from the City Council. Mr. Greg Grammer, Administrative Analyst, Rolling Hills Estates, explained the plans for Phase 2 renovation of Crenshaw Blvd. between PV Drive North and Silver Spur Road. He indicated that Rolling Hills Estates is requesting an allocation of $6,234, however, indicated that they could accept up to $10,000 for this project. In response to Councilmember Black, Mr. Grammer explained that Rolling Hills Estates used the previous allocation of Proposition C Funds from Rolling Hills to assist in paying for this project. He explained that other funds for this project have been provided by LA County. Councilmember Black indicated that Rolling Hills is contributing almost the entire city portion of funds for this project. Mr. Glen Kau, Senior Civil Engineer, Rancho Palos Verdes, explained plans for the rehabilitation of Crest Road from Hawthorne Blvd. to Highridge Road and the costs associated with the project. He indicated that Rancho Palos Verdes is willing to adjust the funds requested if Rolling Hills desired to increase an allocation to Rolling Hills Estates. In response to Councilmember Black, Mr. Kau indicated that Rancho Palos Verdes had contributed some Proposition C Funds for this project. In response to Mayor Hill, City Manager Nealis explained how the division of these allocations have been handled by the City Council in the past. Discussion ensued regarding allocation of the funds. City Manager Nealis explained that $6,234 of these funds would lapse on October 1, 2003. Councilmembers discussed various levels of funding for these projects. Mayor Pro Tem Heinsheimer suggested that the City Council allocate $10,000 to Rolling Hills Estates and the balance to Rancho Palos Verdes. Councilmember Lay commented on the minimal level of funding by the City of Rolling Hills Estates for their project and suggested that the City provide all of the funds to Rancho Palos Verdes for the Crest Road project. Councilmember Black expressed concern that Rolling Hills Estates had not expended their own funds for the project and expressed that he would be in favor of providing the entire fund balance to Rancho Palos Verdes. In response to Councilmember Pernell, Mr. Grammer explained that the Crenshaw Blvd. project would move forward with or without an allocation from Rolling Hills. Hearing no further discussion, Mayor Hill called for a motion. Councilmember Pernell moved that the City Council allocate 2/3 rd of the total STP -L Fund balance to the City of Rancho Palos Verdes and 1/3 rd to Rolling Hills Estates. Councilmember Lay seconded the motion which carried unanimously. CONSIDERATION OF VIEW PRESERVATION COMMITTEE MEMBERSHIP. City Manager Nealis presented the staff report providing information regarding Section 17.26.020 of the Rolling Hills Municipal Code, which sets forth the provisions for a Committee on Trees and Views. He indicated that the last time the Committee met was in 1998 due to lack of cases and explained that a new case had been submitted and that he and the City Attorney are in the process of securing a mediator to implement the first step in the view impairment process. He explained that he had queried the three members of the Committee Minutes City Council Meeting 08/25/03 -2- to determine if they wished to continue to serve and reported that one member is unable to serve due to health reasons, one member declined because he serves as a member of the RHCA Board of Directors and that one member indicated a willingness to serve. Mayor Pro Tem Heinsheimer suggested in the interest of efficiency and expertise that the Planning Commission assume the duties of the View Preservation Committee. Councilmember Lay commented that the Municipal Code would need to be amended to accomplish this change. Mayor Pro Tem Heinsheimer suggested that staff query the Commission to determine if they would desire to accept this duty, and if the Commission as a whole or a subcommittee should act as the View Preservation Committee. After discussion, the City Council directed staff to query the Commission to determine if they would be willing to assume the duties of the View Preservation Committee. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. John Nunn, 1 Crest Road West, commented on the agenda item relative to View Preservation Committee Membership and asked who filed the complaint with the City. City Manager Nealis reported that the Tyndalls of Eastfield Drive filed a case involving two other properties. Mr. Richard Colyear, 35 Crest Road West, commented on the posting of the agenda on the City's website and the necessity for a public hearing to consider an ordinance relating to the View Preservation Committee. City Manager Nealis explained that the posting the City's agenda on the website and the printing of the agenda on the back of the newsletter are not legal notifications, but are in addition to the legal posting requirements adhered to by the City. Deputy City Clerk Kern indicated that she had e-mailed the agenda to PV on the Net last Thursday and that when she noticed that it was not posted on Monday, it was e-mailed again. Mayor Pro Tem Heinsheimer commented on computer viruses that had occurred over the weekend. In response to Mr. Colyear regarding the necessity for a public hearing to consider an ordinance, City Attorney Jenkins explained that an ordinance would have to be adopted which would require at least two readings before the City Council. City Attorney Jenkins explained that if the City Council wished to appoint new members of the View Preservation Committee that a vacancy would need to be advertised pursuant to State Law. Mr. Colyear asked for an explanation of the litigation included on the Agenda under the Closed Session entitled Silver Sage Partners, Ltd. v. City of Desert Hot Springs and PERMA as Garnishee and commented on the allocation of the STP -L Funds to neighboring cities. City Attorney Mike Jenkins provided an explanation of the case. He explained the City's membership in a joint powers insurance authority and how the costs of litigation are divided amongst the members. City Manager Nealis explained recent City Council allocations of funds for public roadway improvements to neighboring cities. In response to Mr. Colyear, Mayor Hill explained that the traffic signal at PV Drive North and Portuguese Bend Road is in Rolling Hills Estates and that they have studied this intersection and determined that a left turn arrow at that location would increase traffic congestion on PV Drive North. In response to Mr. Nunn, City Attorney Jenkins presented an explanation of the City's insurance provided through a joint powers authority. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black expressed concern about a recent article in the Daily Breeze regarding test results at Dapplegray Elementary and Miraleste Intermediate Schools on Standardized Statewide Tests and suggested that representatives of the School District be requested to attend a City Council meeting and provide information on how the District proposes to improve future test scores at these schools that are attended by children of Rolling Hills residents. Mayor Pro Tem Heinsheimer suggested that a letter be sent to the District expressing concern about the test scores since the School District is an independent public entity. Councilmember Lay indicated that he feels that it would be appropriate for the parents of children attending these schools to address this concern with the School Board. He expressed concern that the City Council intervene in such matters. Councilmember Pernell indicated that he feels that a letter could be sent to the District expressing concern and indicating that it was suggested to the parents that they contact the District. Councilmember Black indicated that he feels that it would be more effective if the City Council contacted the District about this matter. Councilmembers discussed the suggested letter and Mayor Hill indicated that he feels that staff could structure the letter inviting the District to attend a City Council meeting if they desired to do so. Minutes City Council Meeting 08/25/03 -3- After discussion, staff was directed to prepare a letter to the District inviting them to provide information about this subject and provide an opportunity for District representatives to attend a future City Council meeting. Councilmember Black commented on the City's level of Per Capita Park Resources Bond Act Funds and requested that it not be allocated right away. Councilmember Lay suggested that these funds could be allocated to the PV Land Conservancy or Rancho Palos Verdes for the purchase on open space that is adjacent to the City of Rolling Hills. Councilmember Black indicated that he had that use in mind for these funds as well. Councilmember Pernell commented on the Peninsula Seniors plight to obtain a new facility and indicated that there may other appropriate projects on the Peninsula. Staff was directed to research the ability to allocate these Funds and report back to the City Council. MATTERS FROM STAFF City Attorney Jenkins explained that the subdivider of 17 and 18 Portuguese Bend Road had requested amendments to the contract agreement that was approved by the City Council several months ago. He indicated that he has requested that Section 9.G be revised to state that in case of suit brought upon this contract, the prevailing party shall be entitled to reasonable attorney's fees and that Section 11 be amended to reflect that the subdivider may assign the agreement without the consent of the City so that the agreement may be assigned to a new owner of the property if it is sold. City Attorney Jenkins indicated that he feels that these amendments are minor and of no consequence the City. The majority of the City Council did not object to the suggested amendments. Councilmember Black objected to the proposed amendments. Councilmember Black expressed concern that the property owner did not perform under the first contract agreement. After discussion, City Attorney Jenkins reported that he will amend the agreement on his own authority as the City Attorney on the basis that he believes that the amendments are inconsequential to the City. The meeting was recessed to a closed session at 8:25 p.m. 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. Existing Litigation: G.C. 54956.9(a) Silver Sage Partners, Ltd. v. City of Desert Hot Springs and PERMA as Garnishee. No reportable action was taken during closed session. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:34 p.m. to the next regular meeting of the City Council to be held on Monday, September 8, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, 40&"� t Frank E. Hill Mayor Minutes City Council Meeting 08/25/03 � kn Respectfully submitted,, 1 Marilyn Kern Deputy City Clerk -4- 1 1 1