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10/13/2003 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OCTOBER 13, 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. 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 - Meeting of September 22, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Lay moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARING CONSIDERATION OF A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF AN ADDITION AND REQUEST FOR VARIANCES TO EXCEED THE MA)QMUM PERNIITTED STRUCTURAL LOT COVERAGE AND TO EXCEED TI� MA)QMUM PERMITTED TOTAL LOT COVERAGE AT AN EXISTING SINGLE FANIlLY RESIDENCE AT 15 EAS'TIFELD DRIVE (LOT 52-EF), IN ZONING CASE NO. 664 (GORDON). City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the property and the Planning Commission's review and approval of the case. Mayor Hill opened the public hearing and called for testimony. i � Mr. Errol Gordon, applicant, provided information regarding the Planning Commission's review of the proposed development on his property and the reductions to the proposal that occurred during the Commission review process. He provided information about previous improvements to his property and indicated that the improvements to his property are equestrian related. He stated that the tennis court on his property is well screened and not visible from the roadway or other properties. He referred the City Council to the letter he had provided to the Planning Commission explaining the existing circumstances that he feels contribute to the difficulty in developing his property. He explained that when he purchased the property that the coverage requirements were not as stringent as they are today and the Minutes City Council Meeting 10/13/03 -1- interpretation of coverage was different. Mr. Gordon indicated that he feels that the proposed improvements to his property are minimal and are comparable and in keeping with other homes in the area. He expressed that the proposal represents a compromise compared to his original request. Mr. Gordon commented on letters that had been received from Mr. George Farinsky, 13 Eastfield Drive, expressing concerns about his proposed development. He stated that he had addressed all of the concerns raised by Mr. Farinsky during the Planning Commission's review of his proposed development and that the Commission had recommended approval of the improvements to his property. Mrs. Joeann Gordon, applicant, commented on letters that had been received from Mr. Farinsky and indicated that she is very involved with the equestrian community in Rolling Hills. She expressed concern about an easement that is between her property and the Farinskys and the use of this easement as an equestrian trail. In response to Mayor Hill, Mrs. Gordon explained that she has tried to address the concerns with the Farinskys. Councilmember Black suggested that Mrs. Gordon contact the Rolling Hills Community Association regarding the clearing of the easement between her property and the Farinskys. Mayor Hill commented on the Community Association's new policy regarding easements. Councilmember Pernell commented on the concern about the request for Variances to further exceed the maximum permitted structural lot coverage and maximum permitted total lot coverage and explained that the City Council would like to take a look at their property. Hearing no further testimony or discussion, Mayor Hill continued the public hearing to Tuesday, October 21, 2003 at 7:30 a.m. for the purpose of conducting a field review at the subject property. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 945: GRANTING A REQUEST FOR A SECOND ONE-YEAR TIME EXTENSION TO SUBDIVIDE TWO EXISTING LOTS TOTALING 67.64 ACRES INTO 4 SINGLE-FAMILY RESIDENTIAL LOTS. WESTERN BRASS DEVELOPMENT CORPORATION, LOTS 169-A-MS & 169-B-MS, AND GENERALLY KNOWN AS 4 STORM HILL LANE. TENTATIVE PARCEL MAI' NO. 26356 IN ZONING CASE NO. 615, SUBDIVISION NO. 89. Mayor Pro Tem Heinsheimer announced that he would abstain from consideration of Resolution No. 945 due to the proximity of his property to the subject property. City Manager Nealis presented the staff report providing information regarding the proposed subdivision and the applicant's request for a second one year time extension to complete their tentative map requirements. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 945. Councilmember Black seconded the motion,which carried unanimously. OPEN AGENDA-APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mayor Hill introduced Scott Breitenstein, 5 Acacia Road, and indicated that Scott is in attendance as a requirement for a scouting merit badge. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black commented on a recent article in the City Manager's Weekly Memorandum regarding the Vehicle License Fees and questioned if the City Council had taken a formal position on the proposed repeal of Vehicle License Fee. Mayor Hill and the City Manager expressed that the City Council has not taken a position one way or another on this subject. Councilmember Lay thanked the City Council and staff for recognition of his birthday and for concerns expressed over his recent surgery. Mayor Hill reported that he and Mayor Pro Tem Heinshiemer attended a recent Neighborhood meeting and that the extra traffic enforcement was applauded. Minutes City Council Meeting 10/13/03 -2- MATTERS FROM STAFF City Manager Nealis reported that he had received a memorandum from the RHCA Manager requesting to use the City Council Chambers for Candidates Nights in January, 2004. He indicated that he would approve this request unless objections were expressed. No objections were expressed. MATTERS FROM THE CITY ATTORNEY At 8:05 p.m., the City Council conducted a closed session. CLOSED SESSION T'he 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.G 54956.9(a) Silver Sage Partners, Ltd. v. City of Desert Hot Springs and PERMA as Garnishee. At 8:13 p.m., City Attorney Jenkins reported that the City Council discussed the case entitled PERMA vs. the City of Palm Springs, et. al. and that the City Council, in closed session, directed that the City Attorney file a response on behalf of the City. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:15 � p.m. to an adjourned regular meeting of the City Council to be held on Tuesday, October 21, 2003, beginning at 7:30 a.m. for the purpose on conducting a field review at 15 Eastfield Drive, Rolling Hills,California. Respectfully submitted, �1n.�C.,.yJ �1 �I1/�Civ�J Marilyn Ker Deputy City Clerk Approved, � Frank E. Hill Mayor , , ( Minutes City Council Meeting 10/13/03 -3-