Loading...
4/24/2006MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APRIL 24, 2006 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pennell 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. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Captain Jay Zuanich, 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 - (1) Adjourned Regular Meeting of March 27, 2006 and (2) Regular Meeting of April 10, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of March, 2006. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Lay seconded the motion, which carried unanimously. CITY COUNCIL REORGANIZATION Mayor Pernell commented on his pleasure serving as Mayor for the past year and opened nominations for Mayor and nominated B. Allen Lay to serve as Mayor for the upcoming year. Councilmember Heinsheimer seconded the nomination, which carried unanimously. Mayor Lay opened nominations for Mayor Pro Tem and nominated James Black to serve as Mayor Pro Tem for the upcoming year. Councilmember Heinsheimer seconded the nomination, which carried unanimously. PRESENTATION TO MAYOR GODFREY PERNELL RECOGNIZING OUTSTANDING SERVICE DURING 2005-2006 Mayor Lay presented a plaque and watercolor painting of the Caballeros Riding Ring at Hesse's Gap to Councilmember Godfrey Pernell and thanked him for his year of service. COMMENTS FROM 2005-2006 MAYOR GODFREY PERNELL Councilmember Pernell commented on the elected officials responsibility to maintain the health, safety, beauty and integrity of the City. He thanked the numerous volunteers in the community that assist the City Council in this responsibility. Councilmember Pernell thanked residents, Councilmembers, Sheriff, Fire Department Personnel, Community Association and City staff for their cooperation and support during his year as Mayor. COMMENTS FROM 2006-2007 MAYOR Mayor Lay commented on the duties of Mayor and stated that it is an honor to serve as Mayor for the upcoming year and represent the City at various functions. He complimented Minutes City Council Meeting 04/24/06 -1- Councilmember Pernell's performance while serving as Mayor and indicated that it would be difficult for him to follow in his footsteps. He commended the City Council, RHCA and City staff for their efforts during the past year in managing the Poppy Trail land movement event. RECESS FOR RECEPTION Mayor Lay reconvened the meeting at 8:00 p.m. PLANNING COMMISSION ITEMS RESOLUTION NO. 2006-05. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A STABLE AND CORRAL THAT REQUIRE GRADING AND GRANTING VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE NET LOT AND TO IMPORT SOIL FOR THE PROJECT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 722, AT 9 GEORGEFF ROAD (LOT 32 - GF), (CALFAS). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 722. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2006-05. Councilmember Hill seconded the motion. In response to Mayor Pro Tem Black, City Manager Nealis explained the proposed fill area to create a pad for the stable and corral. Discussion ensued regarding the amount of grading proposed and the import of soil. Mayor Lay commented on the number of truckloads of soil that would be required to be imported and queried whether there had been any consideration given to the impact of this project on the neighbors. Mr. Scott Calfas, applicant, stated that at this point he does not have a plan to mitigate the impact of the project on the neighborhood. He indicated that two of his neighbors are supportive of the project and stated that he would be happy to do whatever was necessary to minimize the impact on his neighbors. Councilmember Pernell suggested that the applicant work out a mitigation plan with staff. Mayor Lay indicated that this import of soil is very unique for the City but that it is being allowed because of the equestrian nature of the project. In response to Mayor Lay, City Manager Nealis explained that there is a condition contained in the resolution of approval that states that any modifications to the structural development on property must come back before the Planning Commission. He said if the stable were to change to any other habitable use that it would clearly be a violation. Hearing no further discussion, Mayor Lay called for a vote on the motion. The motion carried unanimously. The applicant was asked to work with his neighbors and staff to mitigate the impact of the soil import in the neighborhood. RESOLUTION NO. 2006-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO ENCROACH WITH A PORTION OF AN ADDITION INTO THE FRONT SETBACK AND A SITE PLAN REVIEW WHERE DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION THIS PROJECT REQUIRES PLANNING COMMISSION REVIEW, AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 723, AT 11 CHUCKWAGON ROAD (LOT 4-CRB), (DELMAN). City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 723. Hearing no discussion, Mayor Lay called for a motion. Mayor Pro Tem Black moved that the City Council receive and file Resolution No. 2006-06. Councilmember Heinsheimer seconded the motion which carried unanimously. RESOLUTION NO. 2006-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT FOR PROPERTIES AT 5 SAGEBRUSH LANE (LOT 100-3-RH, DEVELOPED LOT) AND A VACANT LOT NORTH THEREOF (LOT 100-4-RH) IN ZONING CASE NO. 724, (HAO). Minutes City Council Meeting 04/24/06 -2- City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning Case No. 724. Hearing no discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 2006-07. Councilmember Hill seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION RELATIVE TO A NEW DRIVEWAY APPROACH AT 76 EASTFIELD DRIVE (CULVER). Councilmember Heinsheimer abstained from consideration of this request due to his relationship with the applicant's representative and left the Chambers. City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Traffic Commission action relative to this request. In response to Councilmember Pernell, City Manager Nealis explained that the entry flare of the driveway is 16 feet and that the 20 feet in depth before the gate will allow a vehicle to be off of the roadway before the gate activates. Hearing no further discussion, Mayor Lay called for a motion. Mayor Pro Tem Black moved that the City Council approve the recommendation from the Traffic Commission relative to a new driveway approach at 76 Eastfield Drive. Councilmember Pernell seconded the motion which carried unanimously by participating City Councilmembers. Councilmember Heinsheimer returned to the Chambers. PUBLIC HEARINGS ZONING CASE NO. 717 SUBDIVISION NO. 90, AND TENTATIVE PARCEL MAP NO. 27078, A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 8.45 ACRES INTO 2 PARCELS THAT WILL NOT BE LESS THAN 2 ACRES NET EACH WHERE THERE IS ONE EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND ACCESSORY USES AND REQUEST FOR A VARIANCE TO ALLOW PARCEL 2 TO HAVE LESS THAN THE MINIMUM REQUIRED WIDTH. THE PROPERTY IS LOCATED AT 20 UPPER BLACKWATER CANYON ROAD (LOT 101-RH) AND IS BEING IMPLEMENTED BY MR. AND MRS. KAZARIAN. Mayor Pro Tem Black indicated that he would abstain from consideration of this subdivision due to the proximity of his residence to the subject property and took a seat in the audience to participate as a resident. City Manager Nealis presented the staff report providing background regarding previous City Council action relative to the proposed subdivision. He indicated that the applicant has revised the tentative parcel map to meet the 150 -foot frontage requirement of Parcel 2 and is no longer seeking a Variance. He pointed out the area on the plan and indicated that a fence would need to be removed from the existing corral area on the developed lot and that the stable could be retained without creating an encroachment. He said that the applicant will need to receive approval from the RHCA relating to the location of the easements in conjunction with the revised design. Councilmembers discussed the revisions of the plan and the conditions outlined in the Planning Commission resolution. Councilmembers commended the applicant for creating a design that met the Code. Mayor Lay opened the public hearing and called for testimony. Hearing none, he closed the public hearing. Councilmember Pernell moved that the City Council direct staff to prepare a resolution approving the proposed subdivision. Councilmember Heinsheimer seconded the motion which carried unanimously by participating City Councilmembers. Mayor Lay requested that a condition be placed in the -resolution that this approval does not authorize or endorse the demonstrated pad size or demonstrated grading quantities for this development. Mayor Pro Tem Black returned to his seat. Minutes City Council Meeting 04/24/06 -3- CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report and the revised language that had been requested at the last meeting of the City Council. Mayor Lay opened the public hearing and called for testimony. Hearing none, he closed the public hearing. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 299. Councilmember Hill seconded the motion. Discussion ensued regarding the proposed ordinance. Mayor Lay indicated that he feels that the revised language will reinforce the City's view on balanced cut and fill and that it highlights that a Variance will only be granted under special circumstances. In response to Counclmember Pernell, City Attorney Jenkins explained the findings that the Planning Commission and City Council must make in order to grant a Variance. City Attorney Jenkins further explained the technical discrepancy between the language in the Zoning Ordinance and the Building Ordinance and indicated that if the City Council did not wish to grant a Variance for the import of soil that they have the discretion to amend the Municipal Code to prohibit it, but that he feels that this would tie the hands of the Council because of the limited situations in which this would occur. Hearing no further discussion, Mayor Lay called for a vote on the motion. The motion carried unanimously. The public hearing was continued to the next regular meeting of the City Council scheduled to be held on Monday, May 8, 2006 for the purpose of second reading and adoption. OLD BUSINESS CONSIDERATION OF APPEAL FILED BY MR. MARK THOMAS, 1 WRANGLER ROAD, PURSUANT TO ROLLING HILLS MUNICIPAL CODE SECTION 6.24.040, REGARDING AN ORDER TO PERMANENTLY REMOVE A DOG FROM THE CITY. City Manager Nealis provided a brief background regarding this subject and presented the withdrawal of the appeal filed by Mr. Thomas. He reported that Mr. and Mrs. Thomas have complied with the original order and that they have permanently removed their dog from the City. Councilmember Heinsheimer moved that the City Council accept the withdrawal of the appealpresented by Mr. Mark Thomas. Councilmember Pernell seconded the motion which carried unanimously. Councilmember Pernell asked that staff prepare a report for an upcoming meeting regarding the penalties for unlicensed dogs in the City. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. OLD BUSINESS - continued CONSIDERATION OF RESULTS OF CROSSING GUARD SURVEY AT THE INTERSECTION OF PORTUGUESE BEND ROAD, PALOS VERDES DRIVE NORTH AND ROLLING HILLS ROAD. City Manager Nealis presented the staff report providing background regarding this subject and information and statistics regarding the most recent Crossing Activity Survey conducted by the City of Rolling Hills Estates and the crossing activity trends between the first survey conducted in 2004 and the second survey conducted in 2006. He also provided information regarding school enrollment at Dapplegray Elementary School. City Manager Nealis indicated that the City Council may wish to consider requesting the City of Rolling Hills Estates to introduce an adult crossing guard at this intersection based upon the results in the second survey, the trends between the two surveys and the increased Rolling Hills' student enrollment at Dapplegray Elementary School. Mrs. Anne Carley, 2900 Palos Verdes Drive North, commented on a crossing survey completed by members of the Women's Community Club at the intersection of Palos Verdes Drive North, Portuguese Bend Road and Rolling Hills Road and explained the amount of Minutes City Council Meeting 04/24/06 -4- 1 1 1 vehicles that are entering and leaving the City during the afternoon when school children are returning home from school and crossing the intersection. She expressed concern about the traffic conditions at this intersection, and requested that the City Council consider doing something about this situation. Mrs. Carley offered suggestions of "children crossing" signage near the intersection, issuance of tickets for vehicles pulling too far out into the intersection when turning right on to Palos Verdes Drive North or requesting a RHCA Gate Guard assist with crossing activities. Dr. Karen Black, 2 Appaloosa Lane, explained that she has five young school age children and thanked staff for their assistance in obtaining the survey and keeping her informed regarding this matter. She also thanked the Women's Community Club for their involvement. She commented on the statistics and urged the City Council to request that the City of Rolling Hills Estates establish crossing guard services at the intersection. Mrs. Beth Howell, 2 Saddleback Road, representing the Women's Community Club of Rolling Hills Beautification Committee, stated that the Beautification Committee supports the introduction of crossing guard services at this intersection. She provided a letter from the Committee dated April 24, 2006 expressing their support and encouraging the City Council to request that Rolling Hills Estates establish crossing guard services at this intersection. She commented on the Main Gate Improvement Project and explained that crossing guard services might reduce the need for a pedestrian walking path on the West side of Portuguese Bend Road next to the tennis courts. Following brief discussion, Councilmember Heinsheimer moved that the Mayor and staff approach the City of Rolling Hills Estates to request implementation of crossing guard services at this location. Mayor Pro Tem Black seconded the motion which carried unanimously. Staff was directed to keep the City Council and interested parties advised of the progress regarding this matter. NEW BUSINESS CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Lay requested that Councilmembers communicate their choices to the City Manager who will coordinate the information. CONSIDERATION OF ALLOCATION OF CITY OF ROLLING HILLS PROPOSITION C LOCAL TRANSPORTATION FUNDS. City Manager Nealis presented the staff report and requests from Rolling Hills Estates and Rancho Palos Verdes to receive an allocation of Rolling Hills' Proposition C Local Transportation Funds. In response to Councilmember Pernell, City Manager Nealis explained how these funds have been allocated in past years. In response to Mayor Lay, City Manager Nealis reported that approximately $12,000 of these funds is scheduled to lapse on July 1, 2006. Hearing no further discussion or objection, Mayor Lay continued consideration of this item to the May 22, 2006 City Council meeting. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS FOR THE UNDERGROUNDING OF UTILITIES AT TWO LOCATIONS ON CREST ROAD AND AUTHORIZATION TO SEEK BIDS. City Manager Nealis presented the staff report and plans and specifications for the proposed undergrounding of utilities at two locations on Crest Road. He indicated that these two projects may exceed the original cost estimates due to the passage of time, but that the bidding process will ultimately determine the actual costs. Councilmember Heinsheimer commented on the City Council's goal and support to encourage residents to underground their utilities and moved that the City Council approve . the plans and specifications and that staff be directed to solicit bids for the undergrounding of utilities projects. Councilmember Hill seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Black reported that Councilmember Hill's son was accepted to medical school. Councilmember Pernell commented on upcoming Household Hazardous Waste Collection events. He also asked staff to stay informed regarding condominium development projects being considered in the City of Rolling Hills Estates. Minutes City Council Meeting 04/24/06 -5- Mayor Lay reported that the City Council Personnel Subcommittee had met earlier in the evening to consider the City Manager's Employment Agreement and that a recommended 5% salary adjustment for the City Manager would be presented at the next City Council meeting. He also indicated that the Committee considered an employee dependent healthcare contribution policy and that, if it was the desire of the City Council, a recommendation for employees to pay a percentage of the dependent healthcare costs would appear on the next agenda. Mayor Pro Tem Black requested that the report be presented. Mayor Pro Tem Black requested that an item relative to the terminology used in the PERS contributions be prepared for the next City Council meeting. Mayor Lay indicated that the City would be celebrating its 50`'' anniversary of incorporation next January and requested that funds be included in the FY 2006-07 budget for a City celebration. MATTERS FROM STAFF None. At 9:05 p.m. the City Council recessed into a closed session. 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. G.C. 54956.9(a) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. At 9:20 p.m., City Attorney Jenkins reported that both the Hassoldt and Sheen litigation were discussed and that no action was taken in closed session. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:21 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 8, 2006 in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, B. Allen Mayor Minutes City Council Meeting 04/24/06 Respectfully submitted, Marilyn Kern Deputy City Clerk 0