Loading...
6/26/2006MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 26, 2006 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Black at 7:33 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Pernell and Mayor Pro Tem Black. Councilmembers Absent: Heinsheimer and Mayor Lay (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 - Regular Meeting of June 12, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of May, 2006. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for May, 2006. RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 2006-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3 -FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6 -GF), (NEGRI). 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. 725. In response to Mayor Pro Tem Black, City Manager Nealis pointed out on the plan where a previous future stable location had been noted on a plan of the property. He indicated that staff feels this previous stable location was not technically feasible due to topographic and access conditions on the property, but that it was reviewed for compliance to standards that were applicable at that time, but not at present. He stated that the Planning Commission required findings to be specifically stated in the resolution that it is not the structural development that is causing the Variance from the requirement to have an area set aside for a Minutes City Council Meeting 06/26/06 -1- future stable and corral but rather the existing topographical conditions on the property before and after the proposed structures. Following discussion, Councilmember Pernell moved that the City Council receive and file Resolution No. 2006-08. Councilmember Hill seconded the motion, which carried unanimously by those Councilmembers in attendance. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 2006-07. RESOLUTION NO. 1004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2006-07 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. RESOLUTION NO. 1005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2006-07 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 2006-07. RESOLUTION NO. 1006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 2006-07 MERIT PAY PLAN. City Manager Nealis provided an update on the estimated FY 2005-06 revenue projections for Building and Safety Fees indicating that since the last meeting, the Finance Director had acquired four more months of actual financial data and that the FY 2005-06 projection is $343,000 which is in keeping with the projection for FY 2006-07. Mayor Pro Tem Black opened the public hearing and called for testimony. Hearing none and no discussion, he closed the public hearing and called for a motion. Councilmember Pernell moved that the City Council adopt Resolution Nos. 1004, 1005 and 1006. Councilmember Hill seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Hill, Pernell and Mayor Pro Tem Black. NOES: None. ABSENT: Councilmember Heinsheimer and Mayor Lay. ABSTAIN: None. OLD BUSINESS RESOLUTION NO. 1007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING TO THE CITY OF ROLLING HILLS ESTATES ITS AVAILABLE PROPOSITION C TRANSPORTATION FUNDS. City Manager Nealis reported that this resolution memorializes the direction given by the City Council at their meeting of June 12, 2006. Hearing no discussion, Mayor Pro Tem Black called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 1007. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. NEW BUSINESS CONSIDERATION OF RESOLUTION NO. 1008. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING CONTINUATION OF THE REIMBURSABLE CONTRACT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT COMMISSION FOR THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, FOR FISCAL YEAR 2006-2007, CONTRACT NUMBER 72263. Minutes Ci Council Meeting 0626 / 06 -2- City Manager Nealis reported that this resolution is required to maintain the City's existing three-year agreement for this program. He indicated that the City accumulates these funds from year to year and provides them to adjoining communities to maintain the City's demonstration of support for low and moderate income housing. Hearing no discussion, Mayor Pro Tem Black called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 1008. Councilmember Pernell seconded the motion, which carried unanimously by those Councilmembers in attendance. REQUEST FOR MODIFICATION OF A CONDITION OF APPROVAL FOR PARCEL MAP NO. 23991 RELATING TO THE UNDERGROUNDING OF CERTAIN UTILITIES AND A REQUEST TO ALLOW AN APPLICANT TO CONTINUE CONSTRUCTION AT 18 PORTUGUESE BEND ROAD. City Manager Nealis presented the staff report providing background regarding the approval of a two -lot Subdivision at 17 Portuguese Bend Road, and the condition of that approval that the owner of the property be required to underground the utilities, remove one pole and move two poles into the easements of the two new lots, the original and amended subdivision improvement agreement, and the subsequent sale of the properties. He indicated that the applicants have provided correspondence requesting relief from the requirement to move the two utility poles on the interior of the properties to the easements and explained the new proposed configuration of the electrical facilities. He reported that the request also includes that the property owner at 18 Portuguese Bend be allowed to continue construction of his residence and explained that the improvement agreement stipulates that building permits will not be issued until the required undergrounding is complete. In response to Councilmember Pernell, City Manager Nealis explained the original requirement that the applicant remove one pole and move two poles into the easements of the two new lots and pointed out the poles on the original plan. He also explained the original concept that was determined to not be feasible by the Edison Company to underground wires in the canyon toward Blackwater Canyon Road. He also explained that the plan still calls for the removal of a pole and undergrounding of the wires over Portuguese Bend Road. Councilmember Pernell queried whether there were any other poles in close proximity to the properties that could be undergrounded. Mr. Stan Lamport, representing Mr. Manelaous Saridakis, owner of 18 Portuguese Bend Road and Dr. Robert Marshall the previous owner of 17 and 18 Portuguese Bend Road. He explained the Dr. Marshall had sold the properties but has remained involved. He explained that he recalls that during the subdivision process the emphasis was the undergrounding of the lines across Portuguese Bend Road. He further explained the original concept of undergrounding all of utilities on the property and the difficulties that arose in crossing the canyon. He also explained the revised plan offered by the applicants due to the difficulties in obtaining the required easement consent from neighboring property owners to cross their properties with the Edison facilities. He said that Edison recommends that the existing poles on the north and south of the properties remain in place, although the north pole may be relocated slightly for safety reasons and that Edison would underground the two spans of wires and the one pole between the existing northern and southern poles. He further explained the undergrounding of the lines that currently cross Portuguese Bend Road since the applicants have secured an easement from the property owner of 15 Portuguese Bend Road. Mr. Lamport explained that the property owner of 18 Portuguese Bend Road is requesting to be allowed to resume construction of the residence on his property because of concerns relating to the timing of his construction loan. He indicated that Dr. Marshall has been working for quite a while to resolve all of the issues relating to the undergrounding of utilities on these properties and he further explained the problems that arose when. neighboring property owners would not grant easements for Edison wires to cross their properties and the difficulties in creating a plan that would be satisfactory to all parties involved. He stated that he feels that the City is still receiving a substantial benefit of the original requirement since the utility line that crosses Portuguese Bend Road will be placed underground. Councilmembers discussed the letters from the neighboring property owners at 16 Pine Tree Lane and 1 Lower Blackwater Canyon Road who did not grant an easement to Edison to change the existing layout of the utilities crossing their properties. Mr. Ken Allen, applicants' utility consultant, explained the construction constraints of placing Minutes City Council Meeting 06/26/06 -3- wires underground in a canyon. He further explained the moving of poles into easements and the requirements of Edison for an 8 ft. wide drivable easement to service their facilities and indicated that it is his understanding that the City did not wish to clear these easements to that extent due to the existing trees that are located in this easement. Mr. Allen further explained the revised underground plan and stated that he feels that this is the best option. Councilmember Pernell commented on the economic relief to the applicant should the City Council approve the plan. Mr. Allen explained the costs to Southern California Edison Company to construct and maintain underground utility facilities. Councilmember Hill stated that he feels that the applicants have come to an impasse and in order to move the project forward he would move that the City Council approve the revised underground utility configuration and that the current owner of 18 Portuguese Bend Road be permitted to obtain building permits prior to the undergrounding of the utilities. Mayor Pro Tem Black commented on the two parts to this matter and requested that the request for approval of the new underground configuration plan and the request for permission to allow the owner of 18 Portuguese Bend Road to obtain building permits prior to the undergounding of the utilities be considered separately. In response to Councilmember Pernell, Planning Director Schwartz explained that she had attended several meetings with the applicants, their consultant and representatives of Edison. She explained Edison s requirement to obtain easements from affected neighboring property owners and that the two property owners who would not grant the easements made it difficult for the applicants to complete the required utility configuration. In response to Mayor Pro Tem Black, it was explained that there are overhead wires to the property on Lower Blackwater Canyon Road. Mr. Allen explained the configuration of the utility lines on Lower Blackwater Canyon Road. Councilmember Pernell commented on the economic relief to the applicants. City Attorney Jenkins explained that there would be constraints to asking the applicants to underground an off site area that was not in direct connection with the subdivision. Mr. Lamport explained that there is not a great deal of cost benefit to the applicants under the new configuration. He stated that costs are minimal for moving poles and that the bulk of the costs are for the undergrounding over Portuguese Bend Road. In response to Councilmember Pernell regarding the proposed separation of the two issues at hand, Mr. Lamport explained that the highest priority for the owner of 18 Portuguese Bend Road is to begin construction of the residential structure on the property. Further discussion ensued regarding the proposal for undergrounding presented by the applicants. Mayor Pro Tem Black commented on the visibility from Portuguese Bend Road of northern most pole adjacent to 15 Portuguese Bend Road and queried whether this pole could be made less visible. Mr. Allen explained that grading of the easement that would need to occur to relocate that pole. Mayor Pro Tem Black explained the Community Association's involvement in and support for clearing of easements. Mr. Allen explained that if the pole were to be moved that it would change the angle of the wires and that this affects one of the property owners who refused to grant an easement. He further explained that the pole would be replaced with a taller one, which would probably be more visible from Portuguese Bend Road. Mr. Allen stated that poles must be placed on a level pad and not on a slope for maintenance purposes. He further explained Edison construction and safety constraints related to construction of underground and overhead utilities and explained where the poles in question would most likely be placed. Mr. Manelaous Saridakis, reported that a pole will remain on his property that will be in his view. He explained the $400,000 escrow deposit that was made to assure that the underground utility work would be done. Mr. Saridakis stated that he would like to move forward with his project. Mayor Pro Tem Black indicated that Councilmember Hill had made a motion, which had not JJ." been seconded. He indicated that he would still like to keep the two issues separated and stated that he does not support granting permission for the owner of 18 Portuguese Bend Road to move forward. The motion died for a lack of a second. City Attorney Jenkins stated that it would be appropriate to separate these two items. Councilmember Hill moved that the City Council approve the revised underground utility configuration. Councilmember Pernell seconded the motion. Minutes City Council Meeting 06/26/06 -4- Discussion ensued regarding the separation of the two items. Mayor Pro Tem Black reiterated that he is not in favor of the City Council granting the property owner of 18 Portuguese Bend Road permission to move forward with his development before the underground utilities have been constructed. Councilmembers discussed an amendment to the motion that the underground utilities must be complete before building permits are issued. Mr. Lamport expressed concern about this amendment and indicated that Edison has expressed that it would take six to nine months to complete the work and reiterated the concerns of Mr. Saridakis regarding his construction loan. Mayor Pro Tem Black expressed concern regarding delays in beginning the undergrounding on these properties. Mr. Lamport indicated that the applicant would be willing to research further alternatives to the undergrounding but the critical issue is that Mr. Saridakis needs to move forward with the development due to his construction loan. Dr. Robert Marshall, former owner of 17 and 18 Portuguese Bend Road, explained that he has done everything in his power to keep this project moving forward. He presented a timeline that begins in October, 2003 and provided a copy of a preliminary design and engineering agreement with a copy of a check for $10,000 for Edison to begin the design work. He explained the difficulties in obtaining easement approvals from the neighboring property owners and the time it took to reconfigure the utility lines. He stated that there were numerous delays and indicated that he feels that he diligently worked to begin the process in a timely fashion. Dr. Marshall provided information regarding the Cox Communications and Verizon bids to complete the work. Dr. Marshall further explained the easement approvals that were needed for neighboring property owners and the time it took to obtain them and the other delays that he encountered. Dr. Marshall urged the City Council to allow Mr. Saridakis to move forward with the development on his property. Following discussion, Councilmember Hill withdrew his motion that the City Council approve the revised underground utility configuration and stated that he feels that there would be an undue hardship on Mr. Saridakis if he is not allowed to move forward with the development on his property. He commented on the delays in the process that were encountered during the planning phase of the undergrounding of the utilities on these properties. Councilmember Hill suggested that the City Council may wish to place a condition on any approval for the property owner of 18 Portuguese Bend Road to move forward with his development that no Certificate of Occupancy would be issued for the structure until the underground utility requirements are met. Councilmember Pernell withdrew his second. Councilmember Hill moved that the City Council approve the revised underground utility configuration presented by the subdivider of 17 and 18 Portuguese Bend Road and that the current owner of 18 Portuguese Bend Road be permitted to obtain building permits prior to the undergrounding of the utilities and that a Certificate of Occupancy and final permit not be issued until the revised underground utility configuration is constructed. Councilmember Pernell seconded the motion. Councilmember Pernell provided comments regarding the City's intent to have the original agreement made by the subdivider abided by as close and as soon as possible. Councilmember Hill stated that he feels that the City is in a much more compelling position to have the underground work completed if Mr. Saridakis is allowed to continue with construction. Discussion ensued regarding whether the City Council should hold off on acting on this item until all .Councilmembers are present and whether a field trip was in order. Councilmembers concurred to move forward with the motion on the floor. Following the discussion, the motion carried by the following roll call vote: AYES: Councilmember Hill and Councilmember Pernell. NOES: Mayor Pro Tem Black. ABSENT: Councilmember Heinsheimer and Mayor Lay. ABSTAIN: None. Staff was directed to return with revisions to the improvement agreement to memorialize this action at the next City Council meeting. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Minutes City Council Meeting 06/26/06 -5- MATTERS FROM MEMBERS OF THE CITY COUNCIL None. 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. 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. No closed session was held. ADIOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Black adjourned the meeting at 8:50 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 10, 2006 in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, p'� S _ ) z Marilyn Kern Deputy City Clerk A d, James ack Mavo ro Tem Minutes City Council Meeting 06/26/06 1