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9/11/2006MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 11, 2006 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike 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. Minutes - Regular Meeting of August 28, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATION OF ORDINANCE NO. 301: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing an explanation of the proposed amendments to the Subdivision and Zoning Ordinance as recommended by the Planning Commission. He said that after working with the most recent amendments to the Subdivision and Zoning Code, staff found a few subjects that require further clarification. Mayor Lay commented on the Planning Commission's recommendation that the total maximum size of 600 sq. ft. for freestanding structures be increased to 800 sq. ft. before a Site Plan Review would be required. Planning Director Schwartz explained that since the 2004 amendment staff has received a number of requests for trellises that are larger than 120 sq. ft. She said that when you add the trellises to some of the larger homes as well as other accessory structures such as barbecues, fountains and gazebos, they often exceed 600 sq. ft. Mayor Pro Tem Black commented on the proposed definition of front yard. He indicated that it is difficult to determine the front yard on someproperties in the City. City Manager Nealis explained that in some cases, property owners have asked the Planning Commission for a determination of their front yard or have petitioned to have the location of their front yard changed. City Manager Nealis also explained that the revision to the definition does not change the current practice but rather gives staff the proper mechanism to explain the limitations of structures in front yards to applicants. Planning Director Schwartz explained Minutes City Council Meeting 09/11/06 -1- that front yards are usually along the roadway easement or in the case of a cul-de-sac, the front yard is along the cul-de-sac bulb. In response to Councilmember Pernell, City Manager Nealis explained that the only proposed amendment that is more permissive is the recommendation that the total maximum size of 600 sq. ft. for the freestanding structures be increased to 800 sq. ft. before a Site Plan Review would be required. Mayor Lay opened the public hearing and called for testimony. Hearing none and no further discussion, Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 301. Councilmember Hill seconded the motion, which carried unanimously. The public hearing was continued to the next regular meeting of the City Council scheduled to be held on Monday, September 25, 2006 for consideration of second reading and adoption. ZONING CASE NO. 726 MR. AND MRS. STEVEN PEDEN, 7 OUTRIDER ROAD, (LOT 79 -EF). REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND VARIANCES TO CONSTRUCT A STABLE IN THE FRONT YARD SETBACK, TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE. After opening the public hearing and hearing no objection, Mayor Lay continued the public hearing at the applicants' request to the City Council meeting to be held on Monday, October 9, 2006. Mayor Lay indicated that he would like to see a clear outline staked which includes the structure but also includes the open area in front of the garage and paddock for the City Council field review of the property. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF BIDS RECEIVED FOR THE MAIN GATE IMPROVEMENT PROJECT. City Manager Nealis presented the staff report providing background regarding the Main Gate Improvement Project and the two bids that were received. He explained the formal challenge submitted by Ryco Construction and that the City Attorney determined that the failure of the Bennett bid to include items identified at the mandatory walk-through and provided to bidders as Addendum No. 1 made their bid non-responsive. Further, he explained that Bennett Landscaping assured us that their bid was responsive to the prevailing wage standard. He recommended that City Council reject all bids and re -bid the project. Councilmembers discussed the matter. City Manager Nealis explained that Bennett indicated that the work identified in Addendum No. 1 would have added about $5,000 to their bid. Councilmembers expressed that they hope that the re -bid will attract more bidders. Councilmember Hill moved that the City Council reject all bids submitted and directed staff to re -bid this project. Councilmember Heinsheimer seconded the motion, which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Scott Gobble, Region Manager, Southern California Edison Company, reported on a recent power outage that was caused by a tree that became involved in the electrical wires at 47 Eastfield Drive. He requested that an article be included in the Citywide Newsletter indicating that trees can cause power outages and the importance of keeping trees trimmed and laced so that they do not become involved in electrical wires. Councilmembers briefly discussed the upcoming rate increase to be imposed by the Edison Company. Mr. Gobble further explained that the rate increase will take place on November 1, 2006 and that Edison is currently providing information to customers on how to conserve electricity. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Black commented on the initiation of crossing guard services at the intersection of Palos Verdes Drive North and Portuguese Bend Road/ Rolling Hills Road. He stated that he had heard many positive comments about the new crossing guard services. He Minutes Ci Council Meeting 09/11/06 -2- suggested that the guard station herself on the northeast corner of Palos Verdes Drive North and Rolling Hills Road. Mayor Lay indicted that he would be absent at the September 25, 2006 City Council Meeting. MATTERS FROM STAFF City Manager Nealis reported on a memorandum received from the Community Association regarding the deteriorated condition of a drainpipe on Poppy Trail and indicated that he would investigate this matter and affect any repairs that may be necessary, if it is determined that it is the City's responsibility. At 7:58 p.m. the City Council recessed into 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. Anticipated Litigation: G.C. 54956.9(b) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below -described existing facts and circumstances, there is a significant exposure to litigation against the City. Claim Submitted by Zaffar & Teresa Hassanally, 6 Poppy Trail, Rolling Hills, California. Claim Submitted by Robert M. Jonas, 3 Poppy Trail, Rolling Hills, California. Claim Submitted by Donna Freeman, 10 Poppy Trail, Rolling Hills, California. Claim Submitted by Ron Sommer, 2 Poppy Trail, Rolling Hills, California. Claim Submitted by Mr. & Mrs. John Lacey, 7 Poppy Trail, Rolling Hills, California. Claim Submitted by Mr. & Mrs. Ramakrishna Reddy, 11 Poppy Trail, Rolling Hills, California. At 8:07 p.m. the City Council returned to open session. City Attorney Jenkins announced that the City Council addressed the issue of the Poppy Trail claims and that no reportable action was taken in closed session. ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 8:07 p.m. in memory of those who lost their lives on September 11, 2001. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, September 25, 2006 in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, qjTamBAlack Mayor Pro Tem Minutes Ci Council Meeting 09/11/06 Respectfully submitted, Marilyn Kern Deputy City Clerk -3-