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10/27/2003 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OCTOBER 27, 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. 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 - (1) Regular Meeting of October 13, 2003, (2) Adjourned Regular Meeting of October 21, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of September, 2003. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for September, 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 by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTTON NO. 2003-18. A RESOLUTION OF TI� PLANNIlVG CONIMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A STTE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A CABANA, POOL/SPA AND SPORTS COURT, AND DENYING A CONDTTIONAL USE PERNIIT REQUEST FOR THE CABANA AND SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZOI�TING CASE NO. 667 AT 7 QUAIL RIDGE ROAD SOUTH. (LOT 7A-RH) (SHOEMAKER). � Mayor Hill reported that he will abstain from consideration of Planning Commission Resolution No. 2003-18 due to the proximity of his residence to the subject property and turned the gavel over to Mayor Pro Tem Heinsheimer and excused himself from the Chambers. City Manager Nealis presented the staff report outlining the applicants' request and background regarding the property and Planning Commission action relative to Zoning Case No. 667. Hearing no discussion, Mayor Pro Tem Heinsheimer called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2003-18. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. Mayor Hill returned to the Chambers. Minutes City Council Meeting 10/27/03 -1- RESOLUTION NO� 2003-19. A RESOLUTTON OF TI� PLANNIl�TG COMMISSION OF TI-� CITY OF ROLLING HILLS GRANTIl�iG APPROVAL OF A STTE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND A STABLE ON A VACANT PARCEL OF LAND IN ZONING CASE NO. 669 AT 3 APPALOOSA LANE. (LOT 246-MS) (FOZOONMEHR). 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. 669. In response to Councilmember Lay, City Manager Nealis explained that the applicants have indicated that they intend to leave the trails that are on the property and that a Caballeros representative participated in the public hearing relative to this project. Planning Director Schwartz indicated that Condition AD of the resolution addresses this issue. In response to Councilmember Pernell, Planning Director Schwartz explained that part of the lot is quite steep however, it could possibly be subdivided at some point in the future but that much grading would be needed to develop it which may create other issues in the Subdivision process. Mayor Pro Tem Heinsheimer commented on Condition AD relating to the trail and suggested that the language be amended to ensure that the trail could not be modified or altered without the approval of the RHCA and Caballeros. City Attorney Jenkins indicated that this language could be amended to reflect the Planning Commission intent in this regard. Planning Director Schwartz reported that the Commission's intent was to ensure that the trail could not be modified or altered without the approval of the RHCA and Caballeros. Hearing no further discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2003-19 and that staff modify the language in Condition No. AD to clarify the Planning Commission's intent that the trail not be modified or altered without the approval of the RHCA and Caballeros. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously by those Councilmembers in attendance. RESOLUTTON NO. 2003-20. A RESOLUTION OF Tf-� PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRAN'TIl�G APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GUEST HOUSE AND GRANTING A CONDITTONAL USE PERMIT FOR THE CONSTRUCTION OF A GUEST HOUSE ON A VACANT PARCEL OF LAND IN ZOI�IING CASE NO. 670 AT 18 CREST ROAD EAST. (LOT 193-1-MS) (SLUSHER). 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. 670. In response to Councilmember Lay, City Manager Nealis reported that the location of the future stable and corral area shown on the plan would not require grading and that there is immediate access to this area from the adjacent trail. In response to Mayor Hill, City Manager Nealis explained that the applicant and the neighboring property owner are corresponding regarding the neighboring property owner's objection to location of the future stable. He indicated that the Planning Commission did not object to the location of the future stable. Hearing no further discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2003-20. Councilmember Lay seconded the motion, which carried unanimously by those Councilmembers in attendance. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARING - Continued CONSIDERATION OF A REQUEST FOR A STTE PLAN REV�W FOR CONSTRUCTION OF AN ADDTITON AND REQUEST FOR VARIANCES TO EXCEED TI� MAXIMUM PERMITTED STRUCTURAL LOT COVERAGE AND TO EXCEED TI� MA)QM[JM PERNIITTED TOTAL LOT COVERAGE AT AN EXISTING SINGLE FANIILY RESIDENCE AT 15 EASTFIELD DRIVE IN ZOI�TING CASE NO. 664. (LOT 52-EF) (GORDON). Minutes City Council Meeting 10/27/03 -2- City Manager Nealis presented the staff report outlining the applicants' request, providing background regarding the property and indicating that the City Council conducted a field review of the property on October 21, 2003. Councilmember Lay reported that he visited the property on October 22, 2003 with the Planning Director. Mayor Hill opened the continued public hearing and called for testimony. Mr. Tom Blair, applicants' representative, indicated that he would answer any questions that the Council may have as a result of their field trip. Mr. Errol Gordon, applicant, commented on the letter from the neighboring property owner expressing concern about environmental issues relating to his property. He explained that his wife had researched this matter with the County Health Department and that they had no record of this complaint. He indicated that the Health Inspector informed his wife that the letter did not necessarily mean that there was a violation but that a complaint had been received. Mr. Gordon explained that the City had investigated a complaint of pool water allegedly seeping onto the trail in the vicinity of his property and that testing done on this water had determined that it was not a problem. City Manager Nealis explained that staff had researched the attachment to the letter written by the neighboring property owner and that the Health Department had indicated that the attachment simply meant that a complaint had been received and that the Department had responded. He said that since there was no follow-up to this correspondence that it meant that there was not an ongoing reported problem or it was resolved or it was found to be a non-issue. Mr. Gordon commented on the horse shelter on his property that is required to be removed. He indicated that his structure was constructed 15 years ago and that they did not know that this structure was a violation. He commented on the equestrian use of his property. In response to Mayor Hill, Mr. Gordon indicated that he would prefer to keep this structure and requested that the City Council strike this condition. Hearing no further discussion, Mayor Hill closed the public hearing and called for a motion Mayor Pro Tem Heinsheimer moved that the City Council direct staff to prepare a resolution approving a request for Site Plan Review for construction of an addition and request for Variances to exceed the maximum permitted structural lot coverage and to exceed the maximum permitted total lot coverage in Zoning Case No. 664 as submitted. Discussion ensued regarding the request by the applicants to keep the horse shelter. Councilmember Pernell commented on the conditions imposed by the Planning Commission and seconded the motion, which included the required removal of the shelter. Councilmember Lay commented on the development of this property and indicated that he feels that approval of this case should not constitute a precedent and be applied to other properties in the City. The motion carried by the following roll call vote: AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. PUBLIC HEARING CONSIDERATION OF AN APPEAL OF A PLANNIlVG COMNIISSION DECISION TO DENY A REQUEST FOR A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK WITH A PARTIALLY CONSTRUCTED BLOCK WALL AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 671 AT 6 PACKSADDLE ROAD EAST. (LOT 31-SF) (MURRELL). (RECOMMENDED FOR CONTINUANCE) City Manager Nealis indicated that this public hearing had been duly noticed, however the applicants' have requested a continuance to the November 10, 2003 City Council meeting. Hearing no objection, Mayor Hill opened the public hearing and continued the public hearing to the next regular meeting of the City Council on Monday, November 10, 2003 at the applicants' request. OLD BUSINESS None. Minutes City Council Meeting 10/27/03 -3- NEW BUSINESS CONSIDERATION OF AWARD OF BID FOR TRIMMING OF TREES ON THE WEST AND SOUTH SIDES OF TENNIS COURT NUMBER ONE AND WEST SIDE OF TENI�iIS COURT NUMBER THREE AND TREES ON TI�CITY HALL CAMPUS AREA. City Manager Nealis presented the staff report providing information about the bi-annual trimming the of trees at the tennis courts, the bidding process and the low bidder for this project. Hearing no discussion,Mayor Hill called for a motion. Councilmember Lay moved that the City Council authorize staff to execute all documents and proceed with this trimming and award this project to the low bidder, Travers Tree Service, in an amount not to exceed $4,515,00. Mayor Pro Tem Heinsheimer seconded the motion, which carried unanimously by those Councilmembers in attendance. CONSIDERATION OF AWARD OF BID FOR CONSULTING SERVICES FOR 'TI� IlVIl'LEMENTATION OF TI� REQUIlZEMENTS OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT(NPDES)AND THE TOTAL MAXIMUM DAILY LOAD (TMDL)REGULATIONS. City Manager Nealis presented the staff report providing information about the consulting services for the implementation of the requirements of the National Pollutant Discharge Elimination System and Total Maximum Daily Load regulations, the bidding process and the recommended bidder for this project. Councilmembers discussed the proposed consulting service. In response to Councilmember Heinsheimer, City Manager Nealis explained that a good amount of the requirements and regulations are currently being addressed on a regional basis in an effort to reduce costs. Additionally, he indicated that the recommended consultant works with the City of Rolling Hills Estates and that meeting attendance costs will be reduced as a result. Mayor Pro Tem Heinsheimer moved that the City Council award the consulting services to implement NPDES and TMDL requirements to Kathleen McGowan, P.E. Environmental Consulting, in an amount not to exceed $15,372 in Year 1, $13,860 in Year 2 and $13,524 in Year 3; for a total of $42,756 for three years, and authorized the City Manager to sign the Professional Services Agreement and execute all appropriate documentation. Councilmember Pernell seconded the motion. In response to Councilmember Pernell, Ms. McGowan commented on her qualifications and indicated that she would coordinate her efforts to minimize the financial impact on the city. The motion carried by the following roll call vote: AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. OPEN AGENDA-APPROXIMATELY 8:U0 P.M. - PUBLIC COMMENT WELCOME Mr. Philip Lieb, 1 Acacia Lane, introduced himself and his wife, Carrie, and indicated that they are the neighbors adjacent to the west side of the tennis courts. He indicated that they support the trimming of the trees at the tennis courts and indicated that they would like for the trimmers to be cognizant of the screening of lights and noise that the vegetation provides for their property. He also indicated that they would like advanced notification prior to the trimming. MATTERS FROM MEMBERS OF THE CITY COUNCIL REPORT FROM CITY COUNCIL AD HOC LEASE NEGOTIATION SUBCOMNIITTEE. City Council Ad Hoc Lease Negotiation Subcommittee Member Councilmember Allen Lay reported that the Ad Hoc Subcommittee reviewed a rent value study and as a result, has recommended that the City Council adopt a revised lease agreement between the City and the Community Association with a rent of $5,079 per month. He indicated that RHCA Board of Director pon Crocker had accepted this recommendation and indicated that it would have to be approved by the Association. After a brief discussion regarding the term of the lease, staff was directed to place an amended 10-year lease on the next agenda for consideration by the City Council. Minutes City Council Meeting 10/27/03 -4- Councilmember Pernell commented on recent wildfires and a past fire in Rolling Hills. He indicated that he feels that this would be a good time to remind residents of fire safety measures that may be taken on their properties. After brief discussion regarding fuel loads in the city, building regulations relating to roof cover requirements and the County Fire Department weed clearance standards, staff was directed to include an item on the next City Council agenda relating to a discussion on fire safety. MATTERS FROM STAFF None. , MATTERS FROM THE CITY ATTORNEY At 8:27 p.m.,Mayor Hill called for 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. At 8:30 p.m., the City Attorney announced that no reportable action was taken in closed session. ADjOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:31 p.m. to the next regular meeting of the City Council to be held on Monday, November 10, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, n ��� , . Marilyn Kern Deputy City Clerk Approved, � . � • Frank E. Hill Mayor Minutes City Council Meeting 10/27/03 -5-