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2/28/2005MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 28, 2005 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, and Mayor Heinsheimer. Councilmembers Absent: Mayor Pro Tem Pernell (excused). 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, LASD, 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 - Adjourned Regular Meeting of February 14, 2005. Minutes - Regular Meeting of February 14, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of January, 2005. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for January, 2005. RECOMMENDATION: Receive and file. Counclmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Lay seconded the motion, which carried unanimously (Councilmember Black abstained from consideration of the minutes of the 2/14 regular meeting due to absence). PLANNING COMMISSION ITEMS RESOLUTION NO. 2005-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A CABANA AND A VARIANCE TO ENCROACH WITH THE CABANA INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 698 AT 5 LOWER BLACKWATER CANYON ROAD, (LOT 82-RH), (RUZIC). City Manager Nealis presented the staff report outling the applicants'request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 698. Hearing no discussion, Mayor Heinsheimer called for a motion. Councilmember Black moved that the City Council receive and file Resolution No. 2005-06. Councilmember Lay seconded the motion which carried unanimously. RESOLUTION NO. 2005-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF ADDITIONS, PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACKS AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 700 AT 40 CHUCKWAGON ROAD, (LOT 23 -CF), (LONG). Minutes City Council Meeting 02/28/05 -1- City Manager Nealis presented the staff report outling the applicants'request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 700. Hearing no discussion, Mayor Heinsheimer called for a motion. Councilmember Black moved that the City Council receive and file Resolution No. 2005-07. Councilmember Hill seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FROM THE PALOS VERDES ART CENTER FOR THE CIRCLE HOMES TOUR ON APRIL 22 AND 23, 2005. Mayor Heinsheimer abstained from consideration of this request due to the fact that this tour involves his residence. City Manager Nealis presented the staff report providing information regarding the proposed homes tour and the Traffic Commission recommendation that the City Council approved the request. Hearing no discussion, Councilmember Lay called for a motion. Councilmember Black moved that the City Council approve the recommendation of the Traffic Commission to allow the Palos Verdes Art Center to conduct a homes tour on April 22 and 23, 2005 subject to conditions. Councilmember Hill seconded the motion, which carried unanimously (Mayor Heinsheimer abstained). CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A REQUEST FROM THE PALOS VERDES WOMAN'S CLUB FOR A GARDEN TOUR ON MAY 7, 2005. City Manager Nealis presented the staff report providing information regarding the proposed garden tour and the Traffic Commission recommendation that the City Council approved the request. He reported that the Palos Verdes Woman's Club has requested that the hours of the tour be extended from 3:30 p.m. to 4:00 p.m. Hearing no discussion, Mayor Heinsheimer called for a motion. Councilmember Lay moved that the City Council approve the recommendation of the Traffic Commission to allow the Palos Verdes Woman's Club to conduct a garden tour on May 7, 2005 subject to conditions. Councilmember Black seconded the motion, which carried unanimously. PUBLIC HEARINGS - Continued CONSIDERATION OF AN APPEAL OF COMMITTEE 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 indicated that correspondence had been received from the applicants' representative requesting a continuance to the March 14, 2005 City Council meeting because the applicants are exploring further opportunities to settle this matter with Mr. Juge. Hearing no objection, Mayor Heinsheimer continued the public hearing at the request of the Tyndall's representative to the next regular meeting of the City Council scheduled to be held on Monday, March 14, 2005. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A REPORT RELATIVE TO POTENTIAL UNDERGROUNDING OF UTILITIES AT TWO LOCATIONS IN THE CITY. City Manager Nealis presented the staff report providing background regarding the establishment of the Underground Utility Fund and information regarding the two locations on Crest Road proposed for undergrounding. He explained the meetings with representatives of the Edison Company, Verizon and Cox Communications and provided photographs of the two locations for review by the City Council. He also explained the estimated costs to complete these projects. City Manager Nealis reported that RHCA Board Minutes City Council Meeting 02/28/05 -2- Member Ralph Black has provided. him with a list of private contractors that work with the Edison Company to complete underground utility projects. Councilmembers discussed the proposed locations and the estimated costs associated with the two projects. In response to Mayor Heinsheimer, City Manager Nealis explained the engineering costs associated with the projects. Also in response to Mayor Heinsheimer, Mr. Scott Gobble of the Edison Company indicated that all three utility companies would prepare plans and specifications and that they would be provided to the City for bidding purposes. In response to Councilmember Lay, Mr. Gobble indicated that he was not sure if Cox and Verizon would require engineering costs. Discussion ensued regarding the engineering costs. Mr. Gobble indicated that these engineering fees are usually in the range of $5,000 -$6,000 for each project. Hearing no further discussion, Mayor Heinsheimer called for a motion. Councilmember Lay moved that the City Council authorize the expenditure of up to $11,000 for staff to work with the Edison Company and the Underground Utility Subcommittee to develop plans and specifications for the two projects on Crest Road, evaluate the feasibility of removing a second pole at Location No. Two and submit the appropriate plans and specifications to the City Council for consideration of going to bid. Councilmember Hill seconded the motion, which carried unanimously. The Underground Utility Subcommittee was also directed to approach the RHCA regarding their potential participation in this project at an appropriate time. Mr. Gobble commended the City Council for their efforts in the Rule 20A Undergrounding Project recently completed on Crest Road. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Black queried whether the City could require completion of building projects in the City where the building permits remain open for many years. The City Attorney was directed to provide a report regarding this matter at April 11, 2005 City Council meeting. 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. ADIOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 7:49 p.m. to then next regular meeting of the City Council scheduled to be held on Monday, March 14, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn Kern 0 Deputy Approv , T m s Heinshe er r Minutes City Council Meeting 02/28/05 -3-