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2/9/2004MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 9, 2004 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. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LACSD, 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 January 26, 2004. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Correspondence from Cox Communications regarding rate adjustments. RECOMMENDATION: Approve as presented. d. Correspondence from California Water Service Company regarding Advice Letter No. 1614 filed with the Public Utilities Commission relating to changes in its tariff schedules. RECOMMENDATION: Receive and file. Councilmember Black 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 None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 682 CONSIDERATION OF PROPOSED. ORDINANCE NO. 293: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING SECTION 17.16.040 OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO CERTAIN CONDITIONALLY PERMITTED USES IN THE .RA -S-2 (RESIDENTIAL SUBURBAN AGRICULTURAL, 2 ACRES MI114 fU LOTS) ZONE, TO BE IMPLEMENTED BY THE PALOS VERDES PENINSULA UNIFIED SCHOOL -DISTRICT. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report and outlined the request by the Palos Verdes Peninsula Unified School District to amend the Zoning Code to provide the process for the District to apply for a conditional use permit for the rental of merchandise and services in support of the School District operations, by the Costume Closet, on the School District property at 38 Crest Road West. City Manager Nealis also provided background regarding Minutes City Council Meeting 02/09/04 -1- the Planning Commission's action relative to Zoning Case No. 682. Mayor Hill opened the public hearing and called for testimony. Dr. Ira Toibin, PVPUSD Superintendent, explained that Costume Closet is a collaboration between the District and the PTA and that its primary purpose is to support the educational mission of the District. He indicated that the Costume Closet wishes to construct a building on District property to store and rent costumes. He reported that this operation enables children to access costumes that they can use in their classrooms in order to enact historical events. Dr. Toibin also reported that the costumes are used in classroom plays and school theatrical productions as well as used in District staff development activities. He explained the fund raising aspects of Costume Closet and indicated that the funds are donated to the District. Dr. Toibin reported that the Costume Closet must be relocated from its current location due to the enrollment growth in the District. He stated that the costumes are very difficult to move and that each time the costumes and accessories are moved they suffer damage. Dr. Toibin explained that the District feels that the proposed location is the best solution for a permanent location for the Costume Closet. Ms. Virginia Snider, 25 Buggy Whip Drive, indicated that she and her husband moved to the Peninsula for its strong public schools. She stated that she is a teacher in the District and commented on the educational benefits of the Costume Closet's role in the classroom. She stated that the Costume Closet provides costumes to the Schools free of charge and that they also provide tuxedoes for high school orchestra members. She indicated that in addition to the costumes, the Costume Closet also provides reference books to assist students in assembling their reports on the character they have chosen to portray. Ms. Barbara Moore, 2954 Palos Verdes Drive North, explained benefits to the students and community provided by the Costume Closet. She expressed concern that if the Costume Closet is not allowed to move to the District site, that it will no longer exist to provide this valuable service to the community. Councilmember Pernell commented on the fact that no commercial activities are currently allowed in the City and expressed concern about the potential impact to the community. In response, Mrs. Moore indicated that she feels that the Costume Closet would be a benefit to the community. Ms. Arlene Grotz, 3720 Hightide Drive, RPV, explained that she feels that the Costume Closet, as a non-profit organization, being operated on PVPUSD land, would not set a precedent of commercial activity in the City. She stated that she also feels that the District would not allow any other type of commercial activity on their property. In response to Councilmember Black, Mrs. Grotz indicated that the Costume Closet operates during very limited hours and therefore would not cause a traffic impact to the area. She reported that the traffic statistics had been accumulated over the past 5 years. Hearing no further public comments, Mayor Hill closed the public hearing and called for a motion. Councilmember Lay moved that the City Council waive further reading and introduce Ordinance No. 293. Councilmember Pernell seconded the motion. Discussion ensued regarding the proposed ordinance. Councilmember Lay indicated that he feels that the ordinance was carefully prepared to only allow rental of costumes in support of the School District, which will preclude other types of commercial activity in the City. In response to Councilmember Black, City Manager Nealis reported that under the Municipal Code and the draft ordinance, the impact from any proposed building to operate the Costume Closet would be evaluated during the Site Plan Review and Conditional Use Permit public hearing process. In response to Councilmember Pennell, City Attorney Jenkins explained the code amendment process and indicated that more specific information could be requested of the applicant when a specific land use application for the construction of the building is submitted. The motion carried unanimously by those Councilmembers in attendance. Mayor Hill continued this item to the next regular meeting of the City Council to be held on Monday, February 23, 2004 for consideration of second reading and adoption. OLD BUSINESS CONSIDERATION OF AMENDMENT TO THE CIVIC CENTER LANDSCAPE MAINTENANCE CONTRACT. Minutes City Council Meeting 02/09/04 -2- 1 1 1 City Manager Nealis presented the staff report and providing background regarding the landscape maintenance contract and the correspondence submitted by GS Brothers. Councilmember Pernell commented on the extra services outlined in the staff report. Mr. Steve Rogers, G.S. Brothers Manager, explained the extra charges and indicated that they include major irrigation repairs and major tree trimming as well as planting of new material. City Manager Nealis explained that the landscape consultant had requested that the rosemary adjacent to the RHCA building be re -planted. Ms. Suzanne Spitzen, GS Brother Customer Service Manager, explained the items included in the landscape maintenance contract. Councilmember Lay expressed concern that the contractor did not respond to the City Council's request that they provide information regarding their planned monthly level of service for the proposed contract. Mr. Rogers explained that they did not provide labor hours since the contract is performance based. Councilmember Black moved that the City Council direct staff to solicit competitive bids for landscape services. Councilmember Lay seconded the motion. Discussion ensued regarding the increased contract price to $930 per month and the lack of the contractor's willingness to provide the City Council with the labor hours they anticipate to provide under the new contract. Councilmembers discussed that the service provided by the contractor was adequate and Councilmember Pernell indicated that he would not be in favor of going to bid. Mayor Hill asked the contractor if they would consider agreeing to the proposed monthly rate for 36 months. Mr. Rogers indicated that permission for a 36 -month contract would need to be obtained from the owner of the company. Councilmembers discussed that going to bid for this contract may result in increased costs. The motion on the floor was not acted upon, and this item was continued to the next meeting of the City Council scheduled for February 23, 2004 to provide time for the contractor to consider extending the contract to three years and to allow for all Councilmembers to be in attendance. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell requested that the City Manager provide a report regarding the time of the day when the overtime traffic enforcement was conducted. Councilmember Black commented on a recent report of a small fire in a tree caused by electrical lines on Pine Tree Lane and indicated that he feels that since these lines should have been placed underground as a subdivision requirement that the City should aggressively pursue the undergrounding of these electrical facilities as required by the subdivision. City Manager Nealis reported that he and the City Attorney were meeting with Edison representatives -the next morning to discuss the status of this work. MATTERS FROM STAFF None. 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. No closed session was held. Minutes City Council Meeting 02/09/04 -3- ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 8:16 p.m. to the next regular meeting of the City Council to be held on Monday, February 23, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, t LOP Frank E. Hill Mayor Minutes City Council Meeting 02/09/04 Respectfully submitted, Marilyn Kern Deputy City Clerk -4- 1