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2/23/2004MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 23, 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 7:32 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. Lt. Greg Ahn, LACSD, Lomita Station. Captain Dave Courtney, LACFD. Station 56. 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 February 9, 2004. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of January, 2004. RECOMMENDATION: Approve as presented. d. Correspondence from the Rolling Hills Community Association regarding the selection of Director Leslie Stetson to serve on the City of Rolling Hills Traffic Commission. RECOMMENDATION: Approve as presented. e. BFI Recycling Tonnage Report for January, 2004. 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. SPECIAL PRESENTATION PRESENTATION FROM PALOS VERDES HIGH SCHOOL DEFENSE ADVANCED RESEARCH PROJECT AGENCY (DARPA) TEAM Mayor Hill noted an article that he placed before the City Council regarding the Defense Advanced Research Project. PVRW DARPA Team Leaders Chris Seide, Joe Bebel, Aaron Schwartz and Katrina DeSimone provided information regarding the Team's project to construct an autonomous vehicle designed to traverse 250 miles in the open desert without human control and requested support. Team members highlighted that PV High is the only high school participating in this challenge. In response to Councilmember Black, Team Leader Seide explained the last minute components that need to be purchased and extra costs to complete their project goals. Mayor Hill congratulated the DARPA Team on their accomplishment and thanked them for their presentation. He indicated that the City Council would advise them as to their level of support. Mayor Hill suggested that the City Council consider item 7-A, Ordinance No. 293, Zoning Code Text Amendment (Costume Closet) first on the agenda due to the number of people in attendance that are interested in this subject. Hearing no objection, he so ordered. Minutes City Council Agenda 02/23/04 -1- OLD BUSINESS ZONING CASE NO. 682 CONSIDERATION OF PROPOSED ORDINANCE NO. 293: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING SECTION 17.16.040 OF TTFLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO CERTAIN CONDITIONALLY PERMITTED USES IN THE RA -S-2 (RESIDENTIAL SUBURBAN AGRICULTURAL, 2 ACRES MINIMUM LOTS) ZONE, TO BE IMPLEMENTED BY THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report and indicated that the City Council introduced Ordinance No. 293 at their last meeting. He drew the Council's attention to two phone messages from residents of Oceanaire Avenue, Rancho Palos Verdes, who reside adjacent to the School District property and support the Zoning Code Text Amendment and a letter from a Rolling Hills resident also expressing support. He also drew their attention to a letter from the Hawkins family, 37 Crest Road West, expressing concerns about the Zoning Code Text Amendment. He reported that this information had been submitted to the City after the agenda materials had been delivered to the City Council. Mayor Hill asked if anyone in the audience wished to express opposition to.the Zoning Code Text Amendment. Mrs. Christa Hawkins, 37 Crest Road West, outlined her concerns as stated in her letter dated February 23, 2004. She indicated that she resides on Crest Road West directly across from the School District property. She expressed concern about the size of the building that the Costume Closet is proposing if the Zoning Code Text Amendment is approved and indicated that she feels that adoption of this amendment would set a precedent for allowing business operations in the City. In response to Mrs. Hawkins, City Attorney Jenkins explained that this ordinance would only apply to School District owned property. Mrs. Hawkins expressed concern about what other School District activities that may be allowed to operate on the property in the future. Mayor Hill commented on the cooperative relationship between the City and the School District. Mrs. Hawkins expressed concern about the overall operations on the School District property indicating early morning startup, traffic, speeding vehicles, trash dumping as well as noise from school and weekend sports activities on the property. Mayor Hill indicated that the School District Superintendent is in attendance this evening and has been made aware of Mrs. Hawkin's concerns. Mrs. Sylvia Bronaugh, Co -Director of Costume Closet, reported that Costume Closet only operates 4 hours a day in the afternoon, 5 days a week. She stated that she feels that their operation on the School District property would not be intrusive or cause an increase in traffic in the area. She highlighted that the Costume Closet operation benefits the children in the District and enhances their education. In response to Councilmember Black, City Manager Nealis explained that Costume Closet is under the auspices of the Palos Verdes Peninsula Parent Teachers Association and that the PTA falls under the Charitable Educational Corporation rules issued by the Franchise Tax Board through the California Congress of PTA's. Mrs. Judy Lacer, Co -Director of Costume Closet, indicated that Costume Closet does not have a separate charter and that it acts as a Committee under the Palos Verdes Council of PTA's. Discussion ensued regarding Ordinance No. 293. Councilmember Lay explained that the ordinance will enable the District to apply for a Conditional Use Permit to place the building proposed by Costume Closet on the School District property and that at that time detailed restrictions may be placed as necessary. Councilmember Black expressed concern about the precedence of a zoning amendment. In response to Councilmember Pernell, Dr. Ira Toibin, commented on the letter received from the Hawkins family. He indicated that the District would rather work with the PTA on projects such as Costume Closet rather that other non-profit organizations and explained the PTA's extensive and restrictive bylaws and their specific procedures and rules. Discussion ensued regarding the costs involved to construct the building proposed by the Costume Closet. Dr. Toibin explained that the Costume Closet plans to fund the building construction. He also explained the fund raising capabilities of the Costume Closet. In response to Councilmember Pernell, Dr. Toibin further explained that the purpose of the Costume Closet is mostly educational. Minutes City Council Agenda 02/23/04 -2- In response to concerns raised by Mrs. Hawkins, Dr. Toibin explained that the City Manager calls him directly when a concern is raised by a Rolling Hills resident regarding operations on the School District property and that the District addresses these issues. He indicated that the District will do its best to assure Mrs. Hawkins that Costume closet will not have an adverse impact on her well being. In response to Councilmember Pernell, Dr. Toibin indicated that if Costume Closet were to end that the District would advise the City of any other school related use that they may plan for that building. Further discussion ensued regarding the future building. Dr. Toibin explained that it would probably be a prefab building. Councilmembers discussed that if the Zoning Code Text amendment is adopted, that the District must apply for a Condition Use Permit and that plans for the building would be further discussed at the Planning Commission and City Council level. Councilmember Lay indicated that conditions could be included that would alleviate some of the concerns raised this evening. Hearing no further discussion, Mayor Pro Tem Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 682. Councilmember Pernell seconded the motion. Councilmember Black requested that the District provide the information regarding the Costume Closet's affiliation with the PTA and that the Costume Closet is specifically listed as an arm of the PTA. Dr. Toibin indicated that he would provide a copy of the PTA's bylaws and other documentation. The motion carried unanimously. Mayor Hill called for a brief recess at 8:20 p.m. and reconvened the meeting at 8:27 p.m. PLANNING COMMISSION ITEMS RESOLUTION NO. 2004-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF ADDITIONS AT AN EXISTING SINGLE FAMILY. RESIDENCE IN ZONING CASE NO. 678 AT 14 PORTUGUESE BEND ROAD, (LOT 56-A-RH), (MACLEOD). City Manager Nealis presented the staff report outlining the applicants' request, providing background regardng the property and Planning Commission action relative to Zoning Case No. 678. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2004-03. Councilmember Lay seconded the motion which carried unanimously. RESOLUTION NO. 2004-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR GRADING IN ORDER TO ENLARGE A PATIO AND TO CONSTRUCT A RETAINING WALL AND DETACHED TRELLISES IN ZONING CASE NO. 679 AT 16 CINCHRING ROAD (LOT 21 -CH), (WALLACE). Mayor Hill stated that he will abstain from consideration of Zoning Case No. 679 due to the proximity of his property to the subject property and excused himself from the Council Chambers. City Manager Nealis presented the staff report outlining the applicants' request, providing background regardng the property and Planning Commission action relative to Zoning Case No. 679. Hearing no further discussion, Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2004-04. Councilmember Black seconded the motion which carried unanimously (Mayor Hill abstained). Mayor Hill returned to the Chambers. RESOLUTION NO. 2004-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT ENCROACHMENT WITH ADDITIONS INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 680, AT 1 SOUTHFIELD DRIVE (LOT 1 - SF), (ROUTT). Minutes City Council Agenda 02/23/04 -3- City Manager Nealis presented the staff report outlining the applicants' request, providing background regardng the property and Planning Commission action relative to Zoning Case No. 680. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council receive and file Resolution No. 2004-05. Councilmember Black seconded the motion which carried unanimously. RESOLUTION NO. 2004-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE, WHERE THE EXISTING GARAGE WILL REMAIN IN ZONING CASE NO. 681 AT 8 POSSUM RIDGE ROAD (LOT 112-RH), (TALBOT). City Manager Nealis presented the staff report outlining the applicants' request, providing background regardng the property and Planning Commission action relative to Zoning Case No. 681. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2004-06. Councilmember Black seconded the motion which carried unanimously. RESOLUTION NO. 2004-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A MODIFICATION TO A PREVIOUSLY APPROVED VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD FURTHER ENCROACH INTO THE REQUIRED SIDE YARD SETBACK AND GRANTING A SITE PLAN REVIEW FOR THE ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 658A -MODIFICATION AND 658B SITE PLAN REVIEW, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5 -MR), (POST). City Manager Nealis presented the staff report outlining the applicants' request, providing background regardng the property and Planning Commission action relative to Zoning Case No. 659A -Modification and 658B -Site Plan Rview. Hearing no discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2004-07. Councilmember Black seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION 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). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property. He indicated that the City Council visited the property on November 12, 2003 and following the field trip, the applicant indicated in writing that he may pursue further studies of slope stability and work with staff on alternative plan that would not require a discretionary permit. City Manager Nealis reported the applicant did not withdraw the request for appeal and requested continuation of this case to this evening's meeting and that last week, the applicant reported that he wants to pursue the appeal as presented and has retained an attorney. Mayor Hill opened the continued public hearing and called for testimony. Mr. Richards D. Barger, applicants' legal representative, stated that to his knowledge no neighbors have come forward to oppose the application. He commented on the Planning Commission's Resolution and the findings that had been made for their denial of the Variance. He explained that when the residential structure was constructed that a retaining wall was required within the 10 ft. setback that this requirement represented precedence for the encroachment. He provided photographs of the original wall. Mr. Barger explained that the Murrells were required by the RHCA View Preservation Committee to remove trees and shrubs which acted as ground cover to prevent erosion in the area of the wall. Mr. Barger also indicated that the removal of the trees and shrubs caused the Murrells to loose their privacy in that area of their house. Minutes City Council Agenda 02/23/04 -4- In response to Councilmember Black, Mr. Barger stated that the wall was constructed after the trees and shrubs were removed on the property. Councilmember Black commented on the Community Association's prior disapproval of a wall on the Murrell's property. Mayor Pro Tem Heinsheimer and Councilmember Lay indicated that that privacy is not the issue in this case as it relates to the height of the wall. Mr. Barger stated since the new portion of the wall is an extension of the existing wall that it should be allowed to exist. Mayor Pro Tem Heinsheimer expressed that the original wall was required for the safety of the residential structure however, the extension that was constructed by the Murrells in the side yard setback without the benefit of City approval has a different purpose. Mr. Barger drew the Councils attention to a letter from a structural engineer indicating that the wall is necessary to prevent erosion since the trees and shrubs had been removed. Mayor Pro Tem Heinsheimer and Councilmember Lay commented on other methods of erosion control that could be implemented. In response to Mr. Barger, Mayor Pro Tem Heinsheimer indicated that this wall was constructed in the side yard setback without the benefit of City approval. He indicated that the wall was originally constructed for a spa and that the spa has since been moved to another area so the wall is not necessary for the original intention. Dr. George Murrell, commented on the privacy and erosion control issues he feels are eliminated by the wall. He said that the wall would not have been constructed if the RHCA View Committee had not required that the trees and shrubs in the area be removed. Mrs. Anne-Merelie Murrell, applicant, commented on the wall that was disapproved in 1994. She explained the erosion problem caused by the removal of the foliage. She indicated that she feels that since the wall is an extension of the existing wall and that it is already constructed and should be allowed to remain. Mrs. Murrell commented of the privacy issue caused by the removal of the foliage in the area. Mr. Bertram Balch, 6 Hackamore Road, indicated that he is a member of the RHCA View Preservation Committee and commented on the removal of the trees and shrubs in the area. He stated that he feels that erosion is a problem for the Murrells and that he feels that the extension of the existing wall should be allowed to remain. Mr. Balch stated that he feels that planting in the area of the wall would not be enough to control the erosion problem. Discussion ensued about what size of planting would be appropriate in the area that would not impact the neighbor's view. Mr. Balch indicated that he feels that the wall should be allowed to remain at the same height. Hearing no further testimony, Mayor Hill closed the public hearing. Councilmembers discussed that the wall had originally been designed to shield the spa and that the spa has since been moved to a different location on the property and that there are other methods to control erosion and provide privacy. Councilmember Lay moved that the City Council direct staff to prepare a resolution upholding the Planning Commission denial of Zoning Case No. 671. Councilmember Pernell seconded the motion. Discussion ensued regarding engineering solutions that may solve the Murrell's erosion control and privacy concerns such as lowering the wall so that it is below 3 feet in height. City Manager Nealis reported that if the wall is below 3 feet that it could be approved over the counter. Councilmembers discussed a reasonable time by which the applicant should remove the wall or bring in into compliance with City Codes. Councilmember Lay amended his motion to include a condition that the applicant be required to remove the wall or otherwise bring it into compliance with the City's codes within six months. Councilmember Pernell seconded the amended motion. The motion carried unanimously. City Manager Nealis indicated that the resolution would be presented to the City Council on Monday, March 8, 2004. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Minutes City Council Agenda 02/23/04 -5- OLD BUSINESS CONSIDERATION OF AMENDMENT TO THE CIVIC CENTER LANDSCAPE MAINTENANCE CONTRACT. City Manager Nealis presented the staff report providing background regarding the amendment of the agreement for landscape maintenance and GS Brothers latest response indicating that they are not willing to maintain the contract rate for 36 months. He stated that there had been a motion on the floor to solicit bids for this service at the conclusion of the last meeting. Councilmembers discussed that they do not have a problem with the quality of service being provided by the current contractor. Councilmember Lay expressed concern that the contractor was not willing to respond to the concerns expressed by the City Council relating to maintaining the current level of service at the proposed monthly rate given the additional increases in costs incurred by the contractor relating to wages and worker's compensation and the number of hours allocated for this job in the past. Discussion ensued regarding whether the City should solicit bids for this work. City Manager Nealis indicated that the last time the City went to bid for landscape services was in 1994. Councilmember Black moved that the City Council direct staff to solicit bids for this service. Councilmember Pernell seconded the motion, which carried unanimously. Staff was directed to proceed with the bid process and negotiate a month-to-month agreement with G.S. Brothers for interim services not to exceed $930 per month. NEW BUSINESS None. MATTERS FROM MEMBERS OF THE CITY COUNCIL The City Council discussed the presentation provided by the Palos Verdes High School PVRW DARPA Team Leaders and unanimously agreed to support the PVRW DARPA Team in the amount of $1,250 to support their participation in the upcoming Grand Challenge and 'a like contribution if the Team advances beyond that level of competition. Councilmember Lay reported that the Personnel Subcommittee had met to review the 14' amendment to the City Manager's employment agreement and that a report will be prepared for presentation to the City Council at their next meeting. Mayor Hill commented on recent correspondence from Los Angeles County Chief Administrative Officer David E. Janssen regarding opposition to the closure or relocation of the Los Angeles Air Force Base. Following discussion, it was determined that any individual Councilmembers may provide correspondence relative to this issue. Mayor Hill reported on his attendance at a memorial service for long time resident Betty Hix who had passed away recently. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY At 10:00 p.m., Mayor Hill reported that the City Council will conduct 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 10:33 p.m. City Attorney Jenkins reported that no reportable action was taken in closed session. Minutes City Council Agenda 02/23/04 -6- I 1 1 ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 10:33 p.m. in memory of long time Rolling Hills residents Clarence Coe and Gordon Shultz. The meeting was adjourned to an adjourned regular meeting of the City Council to be held on Thursday, March 4, 2004, beginning at 7:30 a.m. for the purpose of conducting a field review of the utility poles and lines on properties in the vicinity of the trail adjacent to 35 and 37 Crest Road West Rolling Hills, California. Appro ed, Frank E. Hill Mayor Minutes City Council Agenda 02/23/04 D�4 Respectfully submitted, ffaa/t'� i /<-C - Marilyn Ke Deputy City Clerk -7-