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11/22/2004MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 22, 2004 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer 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, Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Michael 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. Regular Meeting of November 3, 2004 and November 8, 2004. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. BFI Recycling Tonnage Report for October, 2004. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion, which carried unanimously. SPECIAL PRESENTATION PRESENTATION AND REQUEST FOR SUPPORT FOR THE PALOS VERDES ROAD WARRIORS DARPA GRAND CHALLENGE TEAM. Chris Seide, DARPA Team Project Leader, presented an overview of the team's participation in the 2004 Grand Challenge and reported that the team would be participating in the October 2005 Grand Challenge. He introduced Bob Grace, Team Business Leader and Aaron Schwartz Team Hardware Leader. Mr. Grace and Mr. Schwartz presented the highlights of the accomplishments to date of their respective teams and the challenges they are facing in preparing an autonomous vehicle for the upcoming Grand Challenge. Mr. Seide explained the facility that is being used by the Team and indicated that a new vehicle has been donated by Power Acura of the South Bay. He explained the upcoming budgetary challenges facing the Team. He thanked the City Council for their past support and explained their current fundraising efforts. Mr. Seide requested that the City Council consider supporting the efforts of the Team in the 2005 Grand Challenge. Councilmembers commended the DARPA Team for their accomplishments. Following the presentation by the DARPA Grand Challenge Team, Mayor Heinsheimer asked that the City Council Budget/Finance Subcommittee review the request for funding support and provide a recommendation to the City Council. PLANNING COMMISSION ITEMS None. Minutes City Council Meeting 11/22/04 -1- TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO THE 2004 CITY OF ROLLING HILLS ENGINEERING AND TRAFFIC SURVEY FOR SPEED LIMITS. City Manager presented the staff report providing background regarding the requirement that cities prepare an engineering and traffic survey for radar enforcement of local speed limit laws and indicated that the survey presented this morning does not recommend any changes to the speed limits along the eight segments of roadways included in the report. He indicated that the Traffic Commission has recommended that the City Council adopt the 2004 Engineering and Traffic Survey for Speed Limits in the City. Hearing no discussion, Mayor Heinsheimer called for a motion. Councilmember Black moved that the City Council adopt the 2004 City of Rolling Hills Engineering and Traffic Survey for Speed Limits. Councilmember Lay seconded the motion, which carried unanimously. PUBLIC HEARINGS ZONING CASE NO. 689. REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA IN ZONING CASE NO. 689 AT 12 SOUTHFIELD DRIVE, (LOT 35 -SF) (PATEL). City Manager Nealis presented the staff report outlining the applicant's revised plan. He indicated that the applicant had revised the plan to alleviate the concerns expressed by the City Council at their field trip on November 3, 2004 regarding the proposed walls, size of the residential structure, grading and overall disturbance on the lot. City Manager Nealis indicated that a resolution had been prepared for City Council review due to the amendments made to the plan and because the next regular City Council meeting would probably not take place until January, 2005. Mayor Heinsheimer opened the public hearing and called for testimony. Hearing none he closed the public hearing. Mayor Pro Tem Pernell commented on the revised plan and the landscaping of the property. Councilmember Lay commented on the amendments to the plan and thanked the applicants for their cooperation and moved that the City Council adopt Resolution No. 971. Councilmember Black commented on the reduction in the size of the proposed residential structure and indicated that he personally did not feel that it was too large. Councilmember Hill seconded the motion, which carried unanimously. CONSIDERATION OF A RECOMMENDATION FROM THE 'PLANNING COMMISSION CONCERNING A PROPOSED ORDINANCE NO. 295: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16, SUBDIVISION, AND TITLE 17, ZONING, AND AMENDING TITLE 16, SUBDIVISION, AND TITLE 17, ZONING, OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report indicating that Ordinance No. 295 was introduced at the last City Council meeting and that it is presented for second reading and adoption this evening. Mayor Heinsheimer opened the public hearing. Councilmember Black commented on the correspondence received from a local architect regarding the City Council's amendment to the Code to include covered porches in the pad coverage calculation. He indicated that he feels that including covered porches in the disturbed area is acceptable however he feels that is restrictive to include them in the pad coverage. Councilmember Lay indicated that he had taken a second look at his opinion regarding the amended language in the ordinance to include covered porches in the pad calculation after receiving input from a member of the RHCA Architectural Committee. He indicated that he feels the best way to handle this matter would be to move forward with the Code as amended by the City Council and direct the Planning Commission to review the subject of including covered porches in the pad calculations as a separate issue with input from the local architects and provide a recommendation to the City Council. He expressed that if covered porches are Minutes City Council Meeting 11/22/04 -2- not shown on the plan at the time of Site Plan Review then it will not be clear to the adjacent property owner as to what is being proposed. Discussion ensued regarding including covered porches in the pad calculation. In response to Councilmember Black, Councilmember Lay explained that the Planning Commission could, for example, look at providing an allowance for these types of structures, define a porte cocheres for inclusion or exclusion, or perhaps consider a modification in the pad coverage calculation. Councilmember Black commented on the proposed language to include covered porches in the pad calculation. City Manager Nealis explained that if the City Council adopts the ordinance as written, and since pad coverage is a guideline, that staff will provide comparison pad coverage information, including and excluding covered porches in staff reports to the Planning Commission on cases that are reviewed under the new code language, until this subject is ultimately resolved. Councilmembers discussed the fact that architects did no always disclose these structures on their plans and that accurate representations of the total impact of a project is a desired goal. Hearing no further discussion, Mayor Heinsheimer closed the public hearing and called for a motion. Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 295. Mayor Pro Tem Pernell seconded the motion, which carried unanimously. Staff was directed to convey the City Council's appreciation for Commission's work on these codes. Staff was also directed to ask the Planning Commission to review the subject of including covered porches in the pad calculations and provide a recommendation to the City Council. CONSIDERATION OF AN APPEAL OF COMNIITTEE ON TREES AND VIEWS RESOLUTION NO. 2004-1-CTV SETTING FORTH FINDINGS RELATING TO THE REMOVAL AND TRIMMING OF TREES AT 61 EASTFIELD DRIVE RELATING TO A VIEW IMPAIRMENT FROM 65 EASTFIELD DRIVE. LOCATION: 61 EASTFIELD DRIVE PROPERTY OWNER: MR. JOE JUGE, JR. COMPLAINANT: DR. & MRS. RANDOLPH T. TYNDALL APPELLANT: DR. & MRS. RANDOLPH T. TYNDALL City Manager Nealis presented the staff report providing background regarding the view impairment case, the Committee on Trees and Views' findings and outlining the Tyndalls' appeal of the Committee on Trees and Views Resolution No. 2004-1-CTV. He reported that correspondence relative to this case had been received this afternoon from Mr. Joe Juge and Mr. Stanley Lamport and that the documents had been placed before the City Council this evening. In response to Mayor Heinsheimer, City Attorney Jenkins explained the mediation process as well as the Committee on Trees and Views review and independent determination based upon the Municipal Code in this case. City Attorney Jenkins reported on a typographical error in Resolution No. 2004-1-CTV. He indicated that Section 1-A that references 17.26.050 D (2) is not correct and that Section should say that the Committee found that a view exists from the property at 65 Eastfield Drive within the meaning of Section 17.12.220. He further explained the Committee's finding that a view exists and that there was a significant impairment of that view and their determination on how to abate that impairment. Mayor Heinsheimer commented on the correspondence received by the property owner and the complainant and the fact that the City Council has not had a chance to review this new information. City Attorney Jenkins explained that the City Council does not have a time constraint in this matter and may review the new information received this evening, received public testimony and schedule a field trip. Mayor Heinsheimer suggested that the City Council receive public input after their review of the new information received this evening and the field trip. Mayor Heinsheimer opened the public hearing. Mr. Stan Lamport, representing Dr. and Mrs. Tyndall, 65 Eastfield Drive, stated that he feels that it would be beneficial for the City Council to review the site in the field and for them to review this material submitted this evening. City Attorney Jenkins stated that the view represented by Mr. Lamport in his correspondence is inconsistent with the advice that was given to the Committee on Trees and Views. He indicated that the Committee and the City Council has the discretion to determine what constitutes an appropriate abatement of a significant view impairment and that it is not dependent upon the view of the homeowner who is contending that there is a view impairment. He indicated that his opinion on this matter is that it is within the Committee or City Council's discretion to make that determination. Minutes City Council Meeting 11/22/04 -3- After discussion with the City Attorney regarding the legal aspects of this matter, the public hearing was continued to January 11, 2005 at 7:30 a.m. for the purpose of conducting a field review of the properties. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 970, A RESOLUTION OF THE CITY OF ROLLING HILLS ADOPTING THE NATURAL HAZARDS MITIGATION PLAN. City Manager Nealis presented the staff report and Resolution No. 970. Councilmembers thanked the consultant for her efforts in preparing this document. Hearing no further discussion, Mayor Heinsheimer called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 970. Councilmember Lay seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF A REPORT AND RECOMMENDATION FROM THE PERSONNEL SUBCOMMITTEE RELATIVE TO EMPLOYEE BENEFITS. Councilmember Lay presented the Personnel Subcommittee's report and recommendation relative to employee benefits. After discussion, the City Council directed that the Personnel Subcommittee again review the employee health benefit costs in Fall, 2005 for rates that take effect in January, 2006 and directed the City Manager to modify the Personnel Policies and Procedures to allow staff to accrue up to 40 days of vacation, but not to exceed the level of vacation earned in 2 years of employment. Councilmember Black expressed concern regarding the employee and employer's contribution to the retirement system. City Manager Nealis explained that the two terms are defined and used by PERS in the PERS contract. Councilmember Black expressed that the terms are misleading as to who actually contributes each portion. Councilmember Black suggested that the term of employer contribution be used. Councilmember Black commented on procedures for considering view impairment cases and suggested that the City Council may want to be the body that reviews these cases. Councilmemers discussed this suggestion and concurred that the Committee on Trees and Views acts as a buffer between the community and the City Council and could resolve these matters. Mayor Pro Tem Pernell commented on the use of automatic defibrillators and suggested that the City may wish to investigate having one at the RHCA Main Gate House. Staff was directed to research this subject and provide a report to the City Council. 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. Minutes City Council Meeting 11/22/04 -4- 1 �I i No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor. Heinsheimer adjourned the meeting at 8:30 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, December 13, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn Keri eputy Approved, TKioma He'jSfieimer Mn or lL/ y Minutes City Council Meeting 11/22/04 -5-