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9/22/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 22, 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 and Mayor Hill. Councilmembers Absent: Mayor Pro Tem Heinsheimer (excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. 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 September 8, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of August, 2003. RECOMMENDATION: Approve as presented. d. Southern California Gas Company Notice of Proposed Changes to Gas Rates, Biennial Cost Allocation Proceeding (BCAP), Application No. 03-09-008. RECOMMENDATION: Receive and file. e. BFI Recycling Tonnage Report for August, 2003. RECOMMENDATION: Receive and file. In response to Councilmember Black, City Manager Nealis explained that the payment to the Sheriff's Department was for the City's monthly regional percentage. He also explained that the payment to Jenkins and Hogin was for standard City Attorney and the Assistant City Attorney services. Hearing no further discussion, Mayor Hill called for a motion. Councilmember Pernell 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. 2003-16. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY CONSTRUCTED BLOCK WALL AT AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST (LOT 31 -SF), IN ZONING CASE NO. 671. (MURRELL) City Manager Nealis presented the staff report providing background regarding the property and Planning Commission action relative to Zoning Case No. 671. Hearing no discussion, Mayor Hill called for a motion. Councilmember Pernell moved that the City Council receive and file Resolution No. 2003-16. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting 09/22/03 -1- RESOLUTION NO. 2003-17. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF AN ADDITION AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE AND TO EXCEED THE MAXIMUM PERMITTED STRUCTURAL LOT COVERAGE AT AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 15 EASTFIELD DRIVE (LOT 52 -EF), IN ZONING CASE NO. 664. (GORDON) City Manager Nealis presented the staff report providing background regarding the property and Planning Commission action relative to Zoning Case No. 664. In response to Councilmember Lay, City Manager Nealis explained that the existing and proposed development exceed the maximum permitted total and structural lot coverages and that the Planning Commission determined that the property could accommodate the improvements after viewing the property, based on existing conditions of the lot and that the applicant had reduced the proposed improvements during Commission review. Councilmember Lay moved that the City Council receive and file Resolution No. 2003-17 and Councilmember Black seconded the motion. Discussion ensued regarding the proposed development and Councilmember Pernell expressed concern that the proposed development exceeds the maximum permitted total and structural lot coverage. No action was taken by the City Council on the motion to receive and file this resolution. Councilmember Black asked to be excused from the meeting due to an emergency and expressed that the City Council may wish to continue item 8-A regarding Planning Commission duties relative to view impairment. He queried which Commissioners indicated that they would be willing to serve in this capacity and City Manager Nealis responded that Commissioners DeRoy, Sommer and Witte had expressed a willingness to serve. City Manager Nealis stated that if the City Council were to direct staff to move forward with this concept that an ordinance would have to be presented to the Planning Commission. Councilmember Black indicated that he did not have a problem with the City Council acting on this item this evening. Regarding Zoning Case No. 664, Councilmember Black stated he had reviewed the proposal and that he feels that the applicant is not asking for a large home even with the addition. Councilmember Black was excused from the meeting at 7:42 p.m. Councilmembers further discussed the proposed development and Councilmember Pernell reiterated his concerns related to this proposed development and moved that the City Council take jurisdiction of Zoning Case No. 664. Councilmember Lay seconded the motion which, carried unanimously by those Councilmembers in attendance. City Manager Nealis reported that this item will be set for a public hearing before the City Council on October 13, 2003. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A REPORT REGARDING PLANNING COMMISSION DUTIES RELATIVE TO VIEW IMPAIRMENT. Councilmembers discussed whether to consider this item this evening or wait until all Councilmembers were in attendance. City Attorney Jenkins stated that the next step in this process would be for staff to prepare an ordinance amending the Zoning Code and that this draft ordinance would be reviewed by the Planning Commission and ultimately by the City Council. He indicated that if the City Council took action this evening it would be to direct staff to prepare the ordinance. In response to Councilmember Lay, City Manager Nealis Minutes City Council Meeting 09/22/03 -2- explained that staff was directed by the City Council to query the Planning Commission to determine if they wished assume View Impairment Committee functions. He reported that this idea was discussed at the 9/16 Commission meeting and that two members expressed that they did not wish to act in this capacity, but that three Commissioners expressed a desire and willingness to serve. The City Council discussed the composition of the View Preservation Committee as proposed. Mr. Bertram Balch, 6 Hackamore Road, requested that he be permitted to prepare written comments and submit them to the City Council before the City Council acts on this subject. Councilmember Pernell suggested that Mr. Balch present his views this evening. Mr. Balch stated that he is a member of the RHCA View Committee and he explained how the RHCA handles view preservation matters. He expressed concern about the City's process and the costs involved. Mr. Balch indicated that he feels that these matters should be handled quietly and mediated by a committee of residents who would hopefully settle the matter before a formal process is necessary. City Manager Nealis explained the Municipal Code Section relative to View Impairment and City Attorney Jenkins explained that the City must act according to the Brown Act which mandates that all View Impairment Committee meetings must be noticed public hearings and open meetings. He further explained the City's mediation process and explained that an independent mediator would meet with the parties in hopes of coming to an agreement before the formal meeting process is initiated. Mr. Balch expressed concerns that the Planning Commission might not be the best choice to consider view cases. Discussion ensued regarding the City's View Impairment process and the mediation process as well as the requirements that the City must adhere to relating to open public meetings. Councilmember Lay indicated that when the original view impairment ordinance was adopted, it was done with the hopes that the mediator would be able to settle differences between the parties before the formal public hearing process. Mr. Balch commented on the view impairment process in the City of Rancho Palos Verdes and indicated that the Planning Commission in that City now handles view cases as well staff. In response to Mr. Balch, City Manager Nealis explained that the View Impairment Committee is a decision making body and not a recommending body and that any decision made by the View Preservation Committee could be appealed to the City Council. City Manager Nealis explained that since 1990 only two view impairment cases had been heard by the City and reported that in one case the parties came to an agreement immediately prior to the adoption of a resolution by the Committee because the party owning the trees was concerned that the resolution would be recorded against the property. He explained that in the other case a formal resolution was adopted. Mayor Hill'thanked Mr. Balch for his comments and called for a motion. Councilmember Lay moved that staff be directed to prepare an ordinance amending the Municipal Code to provide for three members of the Planning Commission to provide view impairment committee functions. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. CONSIDERATION OF ADOPTION OF A MEDIATION SERVICES AGREEMENT. City Manager Nealis presented the staff report and the proposed agreement for mediation services with the South Bay Center for Dispute Resolution. He explained that this agreement was presented due the City receiving a view impairment case. City Attorney Jenkins commented on Mr. Lance Widman's qualifications and experience. Mr. Lance Widman provided information regarding this background. In response to questions from the City Council, he presented his past experiences in mediation and explained how he would approach the matter with the opposing parties. Hearing no further discussion, Mayor Hill called for a motion. Councilmember Pernell moved that the City Council adopt a mediation services agreement with the South Bay Center for Dispute Resolution. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting 09/22/03 -3- OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Hill announced that he would be directing that the letter to the Palos Verdes Peninsula Unified School District as amended by Mayor Pro Tem Heinsheimer, be sent by staff accompanied with a copy of the Daily Breeze article. He requested that the City Manager convey to the District that this letter is forthcoming and to ask the District to provide appropriate information. Mayor Hill also presented a request from Palos Verdes Peninsula High School for the City to place an ad in their yearbook. After discussion, staff was directed to coordinate placement of the ad. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY At 8:45, the City Council conducted a closed session. 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. At 9:00 p.m. the City Attorney announced that no reportable action was taken in closed session. ADIOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:05 p.m. to the next regular meeting of the City Council to be held on Monday, October 13, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approve n Frank E. Hill Mayor Minutes City Council Meeting 09/22/03 Respectfully submitted, K �� Marilyn Ker Deputy City Clerk -4- 1 1 1