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6/27/2005MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 27, 2005 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell 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, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. Mike Reader, Consulting Geologist. 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 May 23, 2005 and (2)Regular Meeting of June 13, 2005. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of May, 2005. RECOMMENDATION: Approve as presented. d. Request from the City of Rancho Palos Verdes and the Palos Verdes Land Conservancy for Roberti-Z'Berg funding for the Portuguese Bend Open Space Project. RECOMMENDATION: Approve as presented/provide direction. e. BFI Recycling Tonnage Report for May, 2005. RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion. In response to Councilmember Black, City Manager explained that the check to the City's Election Consultant, Martin and Chapman, was for expenses incurred to conduct the March, 2005 Municipal Election. After the explanation, the motion carried unanimously. PLANNING COMMISSION ITEMS A MINUTE ORDER OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING CONDITIONAL APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND A STABLE IN ZONING CASE NO. 699 AT 40 PORTUGUESE BEND ROAD, (LOT 119-RH) (SU). City Manager Nealis presented the staff report outlining the applicants' request and providing background regarding the property, Planning Commission action relative to Zoning Case No. 699 and the necessity for the minute order in this case. Councilmember Black inquired why the driveway was located in the easement. Mr. Criss Gunderson, applicants' representative, explained that moving the existing driveway to another location would require more grading. He indicated that the driveway was planned in the existing location to minimize the disturbed area and grading quantities and to not disturb mature trees and existing landscaping on the property. Mr. Gunderson indicated that he feels that the applicant would not object to moving the driveway to another location of the property if the City Council desires. Minutes City Council Meeting 06/27/05 -1- Following discussion, this item was held on the agenda to allow time for the applicant to work with staff to relocate the driveway out of the easement. RESOLUTION NO. 2005-18: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE AND CORRAL; GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE INTO A RECREATION ROOM; GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A SITE PLAN REVIEW FOR DEVELOPMENT ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 703, AT 18 EASTFIELD DRIVE, (LOT 69 -A -EF), (RICH). 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. 703. After a brief discussion regarding the Variance to exceed the maximum permitted disturbed area, Mayor Pernell called for a motion. Councilmember Black moved that the City Council receive and file Resolution No. 2005-18. Councilmember Heinsheimer seconded the motion, which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 2005-06. RESOLUTION NO. 983: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2005-06 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. RESOLUTION NO. 984: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2005-06 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, COPS FUND, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C, AND UNDERGROUND UTILITY FUND FOR FISCAL YEAR 2005-06. RESOLUTION NO. 985: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 2005-06 MERIT PAY PLAN. City Manager Nealis indicated that the draft budget is presented this evening in the continued public hearing for consideration of formal adoption and that the resolutions pertaining to the appropriation limit, budget adoption and this year's merit pay plan are attached to the staff report for consideration. Mayor Pernell called for testimony. In response to Councilmember Black, City Manager Nealis explained that to date no residents have proposed forming an underground utility district in their neighborhood. Hearing no public comments and no further discussion, Mayor Pernell closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolutions No. 983, 984 and 985. Councilmember Black seconded the motion, which carried unanimously. Councilmembers thanked the Budget/Finance Subcommittee Members and staff for preparation of the FY 2005-06 Budget. OLD BUSINESS FINAL GEOLOGICAL AND GEOTECHNICAL REPORT RELATING TO LAND MOVEMENT ON POPPY TRAIL ROAD PREPARED BY GROUP DELTA CONSULTANTS. Minutes City Council Meeting 06/27/05 -2- City Manager Nealis provided background regarding the City's agreement with Group Delta Consultants to prepare a Geological and Geotechnical Report and introduced Mike Reader of Group Delta Consultants. Mr. Reader presented an overview of the Final Geological and Geotechnical Report. Mr. Reader provided background regarding the slide that occurred on March 6, 2005 and the scope of services that he was contracted to complete which included interim protective measures and to evaluate a temporary access road. He presented technical information and findings regarding the field exploration, mapping, laboratory testing and engineering analysis that was completed on the slide as outlined in his report dated June 16, 2005. Mr. Reader indicated on the plan the area of land movement and projected boundaries of the larger land feature that is believed to be a component of the slide in the area. He also pointed out another smaller slide feature adjacent to the land area that failed in March. In response to Mr. Robert Jonas, 3 Poppy Trail Road, Mr. Reader explained that the cause of the slide has not been determined and he was not hired to make this determination. In response to Dr. Carmen Schaye, 58 Portuguese Bend Road, Mr. Reader explained the properties that are involved in the slide. In response to Councilmember Black, Mr. Reader explained that typically a slide releases water just prior to a land movement occurrence. In response to Mayor Pro Tem Lay, Mr. Reader explained the proposals that had been outlined for a temporary access for Poppy Trail residents. He pointed out the current proposal that the City Council had reviewed on May 23, 2005. Mr. Jonas commented on a new plan that Bolton Engineering had prepared for the Community Association. Mr. Reader indicated that he had reviewed the plan but further work review needs to be completed on that plan. Hearing no further discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council receive and file the report. Councilmember Hill seconded the motion, which carried unanimously. Councilmembers thanked those in attendance for the input regarding this subject. RESOLUTION NO. 986: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. (REQUIRED STATE RESOLUTION TO MEMORIALIZE PREVIOUS CITY COUNCIL ACTION TO PLEDGE FUNDS AS DESCRIBED IN RESOLUTION NO. 987) RESOLUTION NO. 987: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS PLEDGING ITS PER CAPITA FUNDS TO THE CITY OF RANCHO PALOS VERDES TO PRESERVE OPEN SPACE IN THE PORTUGUESE BEND AREA. City Manager Nealis presented the staff report indicating that Resolution No. 986 and Resolution No. 987 memorialize the previous action by the City Council to pledge these grant funds to the City of Rancho Palos Verdes for the Palos Verdes Peninsula Land Conservancy Open Space Project in the Portuguese Bend Area. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 986 and Resolution No. 987. Mayor Pro Tem Lay seconded the motion, which carried unanimously. NEW BUSINESS CONSIDERATION OF A FINAL MAP FOR A PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 26356, SUBDIVISION NO. 89, ZONING CASE NO. 615, LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE IS ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE, (LOTS 169 -A -MS AND 169- B -MS). CONSIDERATION OF RESOLUTION NO. 988: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A FINAL PARCEL MAP NO. 26356 SUBDIVISION NO. 89, A SUBDIVISION OF EXISTING TWO LOTS TOTALING 67.64 ACRES INTO FOUR SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF JOHNS CANYON ROAD AT STORM HILL LANE WHERE THERE IS ONE RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING CASE NO. 615. Minutes City Council Meeting 06/27/05 -3- Councilmember Heinsheimer indicated that he will abstain from consideration of his item due to the proximity of his residence to the subject property and left the Chambers. City Manager Nealis presented the staff report providing background regarding the Final Map for Subdivision No. 89 and indicated that all conditions are in order for this Final Map and that the County of Los Angeles has recommended approval of the Subdivision. He reported that the Community Association has also approved the Subdivision. In response to Mayor Pernell, City Manager Nealis indicated that the Tentative Map for this Subdivision was first submitted to the City Council in November, 2000. Hearing no discussion, Mayor Pernell called for a motion. Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 988. Councilmember Hill seconded the motion. Mr. Richard Colyear, 35 Crest Road West, commented on view preservation and reported that he had contacted the applicant regarding limiting tree heights prior to the Subdivision of the property. Mr. Colyear urged the City Council to place a condition on this Subdivision limiting the tree heights on the properties before it becomes a problem. In response to Mayor Pernell, City Attorney Jenkins explained that under California Law approval of a Final Map is a ministerial act of the City Council and that the City Council is obligated to approve the Final Map if all of the conditions of approval in the Tentative Map have been satisfied. He explained that the City would have opportunities in the future to consider development on each lot at which time conditions could be considered regarding the height of trees that may be planned in conjunction with each development. City Attorney Jenkins explained the parameters of the City's review of a Subdivision. He said the Subdivision Ordinance does not deal with aesthetic or view issues, but serves as the process to divide land into individual lots. Mayor Pro Tem Lay indicated that the Planning Commission is very sensitive to preventing future view obstructions caused by new landscaping or roof heights that may occur when reviewing site plan review applications. Councilmember Black stated that he feels that it would be better to deal with view issues at this juncture rather than wait until there is a problem. He commented on the guideline that trees not exceed the height of a roofline. Councilmember Black indicated that enforcement of this height limit would eliminate view problems in the future. After discussion, the motion carried and Resolution No. 988 was adopted unanimously with Councilmember Heinsheimer abstaining due to the proximity of his property to the subject property. Councilmember Heinsheimer returned to the Council Chambers. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL REPORT FROM THE CITY COUNCIL PERSONNEL SUBCOMMITTEE RELATIVE TO A RECOMMENDATION TO FILL THE UNEXPIRED TERM ON THE PLANNING COMMISSION. Mayor Pro Tem Lay reported that the Personnel Subcommittee had met and interviewed the four candidates and indicated that it was a very difficult decision due to the qualifications of all candidates. He reported that the Subcommittee recommends Dr. Richard Henke to fill the unexpired term on the Planning Commission. He commented on Dr. Henke's experience m the Community and his service on the City's Traffic Commission and the Rolling Hills Community Association Board of Directors. Mayor Pro Tem Lay moved that the City Council appoint Dr. Richard Henke to fill the unexpired term on the Planning Commission. Councilmember Heinsheimer seconded the motion. Councilmember Black asked if the Subcommittee had questioned the applicants on their opinions on view impairment and the previously proposed walking path on Crest Road. In response to Councilmember Black, Mayor Pro Tem Lay explained that the walking path on Crest Road had not been discussed because it was a Community Association matter and that Minutes City Council Meeting 06/27/05 -4- 1 1 the interviews centered on the applicants' views on carrying out the City's General Plan. He indicated that view issues were discussed briefly and that all candidates had similar thoughts on view issues. After discussion, the motion carried unanimously. Mayor Pro Tem Lay thanked all of the applicants and encouraged them to stay involved in the community and to apply for future openings on City Commissions and Committees. 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. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:16 p.m. to. the regular meeting of the City Council scheduled to be held on Monday, July 11, 2005, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. • Approved, Godfrey Per B/ Mayor Minutes City Council Meeting 06/27/05 Respectfully submitted, Marilyn Kern Deputy City Clerk -5-