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11/13/20061 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 13, 2006 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 5:30 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: Anton Dahlerbruch, Interim City Manager. Mike Jenkins, City Attorney. Loren DeRoy, West Vector Control District Trustee. Debra Brighton, Director, City of El Segundo Library. SPECIAL PRESENTATION AB 1234 ETHICS TRAINING FOR COUNCIL MEMBERS City Attorney Mike Jenkins, Jenkins & Hogin, LLP, presented AB 1234 training to members of the Rolling Hills City Council. OPEN AGENDA — APPROXIMATELY - PUBLIC COMMENT WELCOME None. ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 7:30 p.m. to the regular meeting of the City Council scheduled to be held on Monday, November 13, 2006 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, ,6 �o- /7 B. Allen Lay Mayor Minutes City Council Meeting 11/13/06 Respectfully submitted, Marilyn Kern Deputy City Clerk -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 13, 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 7:35 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: Anton Dahlerbruch, Interim City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning 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 - (1) Adjourned Regular Meeting of October 20, 2006 and (2) Regular Meeting of October 23, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. BFI Recycling Tonnage Report for September, 2006. RECOMMENDATION: Receive and file. d. Consideration of correspondence from LA County Sheriff Lee Baca asking cities to designate the County as its representative in the Los Angeles/Long Beach/ Los Angeles City and County Urban Region for 2007 Urban Area Security Initiative (UASI) Grants. RECOMMENDATION: Receive and file. e. Notice of Completion for FY 2006-07 Street Striping and Pavement Marking Project. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion. Following an explanation from City Attorney Mike Jenkins indicating that the check for legal services contains his time as Acting City Manager and time spent by the firm for the monthly legal services, the motion carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS 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. (RECOMMENDED FOR CONTINUANCE) Minutes City Council Meeting 11/13/06 -1- Interim City Manager Dahlerbruchpresented the applicants' request for a continuance to the second meeting in January 2007. There being no objection, Mayor Lay continued the public hearing at the applicants request to the City Council meeting to be held on Monday, January 22, 2007. ZONING CASE NO. 727 MR. AND MRS. PHILIP CHO, 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH). REQUEST FOR A SITE PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIRES GRADING AND A VARIANCE TO LOCATE THE STABLE AND THE CORRAL IN THE FRONT YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE. Councilmember Heinsheimer abstained from consideration of Zoning Case No. 727 and left the Council Chambers. Planning Director Schwartz presented the staff report providing information regarding the revised plan. She indicated that the applicant has proposed to reduce the size of the stable and covered porch and to relocate the stable on the property in response to concerns expressed by the City Council. She explained that the applicants' representative had queried the Fire Department about the relocation of the stable and the effect that it would have on the brush clearance standards as it relates to the mature natural vegetation areas that are required to be maintained on the property. She stated that the applicants' representative indicated that the Fire Department stated that the distance for clearance would be 100 feet from the structure and that it could be in a lollypop configuration which includes trees interspersed with ground cover. Planning Director Schwartz stated that the trees and groundcover could serve as screening of the area from Portuguese Bend Road. Mayor Lay opened the public hearing and called for testimony. Councilmember Pernell commented on the Fire Department's response regarding brush clearance standards and its effect on the mature natural vegetation area required to be maintained on the property. In response to Councilmember Pernell, Planning Director Schwartz indicated that the applicants' representative had reported the Fire Department's response regarding the brush clearance standards to her however, that she would have this information verified. In response to Mayor Pro Tem Black, Planning Director Schwartz pointed out on the plan the proposed path that animals could access the corral area from the stable. She also pointed out the flat area in the rear of the stable that is proposed for the corral area. Mayor Lay commented that no fencing is shown on the plan for the stable and corral area. In response to Mayor Lay, Planning Director Schwartz indicated that the applicant could place fencing in the side yard setback as long as it is not in an easement. Mayor Pro Tem Black also commented on the lack of fencing in the stable and corral area. Mr. Dale McHattie, Bolton Engineering, stated that the suggestions from the Council regarding fencing would be acceptable. He pointed out on the plan how the horses would access the corral area from the stable. Mayor Pro Tem Black expressed that there is a need to provide access for animals from the stable to the corral area. Ms. Julie Roberts, RHCA Representative, stated that there is a trail in the area to provide access to and from the proposed stable. Hearing no further testimony, Mayor Lay closed the public hearing. Councilmembers discussed their options relative to this Zoning Case. In response to Interim City Manager Dahlerbruch, Planning Director Schwartz stated that the Planning Commission has not seen the applicants' revised plan. Following brief discussion, Councilmember Pernell moved that the City Council remand Zoning Case No. 727 back to the Planning Commission for further review of the revised location of the proposed stable, the manner in which animals will ingress and egress the corral area from the stable and the impact of the Fire Department brush clearance standards on the mature natural vegetation areas that are required to be maintained on the property. Mayor Pro Tem Black seconded the motion which carried by the following roll call vote: AYES: Councilmembers Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: Councilmember Heinsheimer. Minutes Ci Council Meeting 113/06 -2- 1 1 fl Councilmember Heinsheimer returned to the Council Chambers. OLD BUSINESS RESOLUTION NO. 1015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THE APPLICATION FOR BICYCLE AND OR PEDESTRIAN FUNDS UNDER SB 821. Interim City Manager Dahlerbruch presented Resolution No. 1015 indicating that this resolution memorializes the action by the City Council to allocate one half ($10,501) of the City of Rolling Hills TDA Article 3 Transportation Funds to the City of Rolling Hills Estates and one half ($10,501) be allocated to the City of Rancho Palos Verdes for eligible projects in those cities. Hearing no discussion, Mayor Lay called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 1015. Councilmember Heinsheimer seconded the motion which carried unanimously. SANITARY SEWER UPDATE. Planning Director Schwartz provided a brief summary of the findings of the Sanitary Sewer Feasibility Study conducted in the City between 1985 and 1988. She indicated that following the presentation at the October 9, 2006 City Council meeting regarding a low-pressure sewer system, the contractor has agreed to conduct a study, at no cost to the City, to evaluate the installation of the low-pressure sewer -system in the Eastfield area. Following brief discussion regarding the importance of maintaining septic systems in good working order, the City Council received and filed the report. NEW BUSINESS CONSIDERATION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT TO ALLOW FOR THE RELOCATION OF PORTABLE CLASSROOMS TO RANCHO DEL MAR CONTINUATION HIGH SCHOOL CAMPUS AT 38 CREST ROAD WEST. In response to Mayor Lay, Planning Director Schwartz reported that the agreement was originally presented to City staff in September, 2006 however the revised version was presented on October 31, 2006. Interim City Manager Dahlerbruch presented the staff report outlining the request from the Palos Verdes Peninsula Unified School District to locate thirteen portable classrooms to the Rancho Del Mar Continuation High School site. He provided a drawing and photograph of the site where the portable classrooms are proposed to be stored. Interim City Manager Dahlerbruch explained that the temporary storage is necessary for no more than five years, according to the District, in order to receive State funding for new permanent classroom construction and for the District to maintain its physical classroom capacity. He said that the District has said that these portable classrooms would be boarded and fenced so that they would not become an attractive nuisance. Ms. Pearl Iizuka, PVPUSD Deputy Superintendent of Business, explained that in order to accept over $5 million dollars in State funding for the construction of new classrooms at Peninsula High School, the District must increase classroom capacity and in order to achieve this, the existing portable classrooms must be maintained on school property. She further explained that it is the desire of the District to store the portable classrooms in an orderly fashion and that they would appear as an additional wing of the existing Rancho Del Mar Continuation High School. Ms. Iizuka explained the security measures that the District plans for the area. She indicated that if the District has a need for additional classrooms elsewhere in the District that some of these portable classrooms may be relocated. She also indicated that if during the move any of the portable classrooms are damaged that they would be demolished. In response to Councilmember Pernell, Ms. Iizuka stated that the District does not currently have plans to use the portable classrooms elsewhere but that the District could possibly market them elsewhere. In response to Mayor Lay, Ms. Iizuka stated that the District felt that the Rancho Del Mar site had the most space and was the least obtrusive for the placement of these portable classrooms. In response to Mayor Pro Tem Black, Ms. Iizuka explained the location were the portable classrooms are proposed to be place and pointed out the location on the drawing provided to .the Council. Minutes City Council Meeting 11 / 13/06 -3- Councilmembers discussed the issue and expressed concern about all of the portable classrooms being placed on the Rancho Del Mar site. Other locations such and the PVPUSD Administration Facility and Sanitation District property were suggested. Ms. Iizuka explained that the District felt that it would be easier and less expensive to place all of the portable classrooms at one location. She explained that District is currently out to bid for the construction of the new building at Peninsula High School and that the portable classrooms need to be moved as soon as possible. Councilmembers concurred that a field trip to the site may assist them in their review of this request. Councilmembers suggested that the District consider placing one-half of the portable classrooms at the Rancho Del Mar site due the large impact these buildings would have on the existing open area at the site and the view of the site from neighboring properties. In response to Mayor Pro Tem Black, Ms. Iizuka reported that the Costume Closet has been provided permanent space elsewhere in the District and therefore it would not be necessary for them to use these portable classrooms. Further discussion ensued regarding the placement of the portable classrooms at the Rancho Del Mar Site and the expense of moving them. Ms. Iizuka explained that it would cost the District approximately $200,000 to move the portable classrooms. She further explained the Districts' desire to receive State funding for new permanent classroom construction at Peninsula High School and the requirement that in order to received these funds the District must maintain its physical classroom capacity on District property. Councilmember Hill explained the concerns raised by neighboring property owners over other uses the District has proposed at the Rancho Del Mar site. Mr. Matt Covella, PVPUSD Director of Maintenance and Operations, explained the area that the District proposes to store the portable classrooms at Rancho Del Mar and indicated that the site is large enough to accept all thirteen. He said that other sites in the District were not as feasible because they are used by local youth sports groups. Following the discussion, the City Council continued consideration of this item to a field review to be conducted on Friday, November 17, 2006 beginning at 8:00 a.m. at Rancho Del Mar High School, 38 Crest Road West, Rolling Hills, California for the purpose of conducting a field review of the location proposed by the Palos Verdes Peninsula Unified School District to place portable classrooms at the site. Mayor Lay was authorized to discuss the concerns expressed by the Council with the President of the Palos Verdes Peninsula Unified School District Board of Education and Interim City Manager Dahlerbruch was authorized to discuss the matter with the Superintendent of Schools. Mayor Pro Tem Black commented on the requirement that the potential classroom capacity must be shown in order to receive the State funds. He suggested that the District should lobby the legislature about this issue. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Pro Tem Black commented on the required undergrounding of utilities at 17 and 18 Portuguese Bend Road. Planning Director Schwartz explained the delays and challenges that have taken place related to the required undergrounding of utilities. Staff was directed to have Scott Gobble of the Edison Company provide a report to the Council at an upcoming City Council meeting regarding the delays. Councilmember Pernell provided an overview of the Palos Verdes Peninsula Regional Law Enforcement Committee meeting held on November 9, 2006, which included regional and local crime data and the service levels of Westmed/McCormick Ambulance service since initiation of service on the Peninsula. MATTERS FROM STAFF UPDATE REGARDING NUISANCE ABATEMENT AT 1 POPPY TRAIL. Interim City Manager Dahlerbruch explained that the City has not heard from the property owner regarding the City's action to abate the nuisance at 1 Poppy Trail and that staff is Minutes Ci Council Meeting 11 / 13/06 -4- prepared to take further action on December 10, 2006 to obtain a warrant from the court to enter the property to complete the required winterization measures on the property recommended by the consulting geologist. Interim City Manager Dahlerbruch reported that a press release had been distributed regarding the Craig Nealis Memorial Fund for the Education of Brian and Rebecca Nealis. Staff was directed to forward the press release to Cox Communications for display on the local cable channel. At 8:30 p.m. City Council recessed to 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. Pending Litigation: G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. Conference with Real Property Negotiator Government Code Section 54956.8 Property Address: Los Angeles Assessors Parcel # 7574-020-900 City Negotiator: City Manager Negotiating Parties: County of Los Angeles Under Negotiation: Price and Terms of Payment The meeting reconvened in open session at 8:40 p.m. and City Attorney Jenkins reported that the City Council discussed the matters on the closed session agenda and that no reportable action was taken in closed session. ADJOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned 8:41 p.m. to an adjourned regular meeting of the City Council scheduled to be November 17, 2006 beginning at 8:00 a.m. at Rancho Del Mar High School, West, Rolling Hills, California. Approved, 4 B. Allen Lay Mayor Minutes Cid Council Meeting 11/13/06 Respectfully submitted, Marilyn Kern Deputy City Clerk -5- the meeting at held on Friday, 38 Crest Road