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5/14/2007MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 14, 2007 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black 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, Pernell, Lay, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, 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 April 23, 2007. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Notice of Completion for the City of Rolling .Hills City Hall Exterior Painting Project. RECOMMENDATION: Approved as presented. d. Allied Waste Recycling Tonnage Report for March 2007. RECOMMENDATION: Receive and file. e. Caballeros Del Rancho Palos Verdes 2006 Financial Report RECOMMENDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the recommendations in the consent calendar. Councilmember Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 732 MR. AND MRS. BRADFORD CHELF, 22 MIDDLERIDGE LANE NORTH, (LOT 1 -MR). REQUEST FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE; . REQUEST FOR VARIANCES TO ENCROACH WITH THE NEW RESIDENCE INTO THE FRONT SETBACK AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT. (RECOMMENDED FOR CONTINUANCE) Councilmember Lay moved that the City Council continue the public hearing at the applicants' request. Councilmember Pernell seconded the motion which carried unanimously. Mayor Black ordered that the public hearing be continued at the request of the applicants to the regular City Council meeting to be held on Monday, June 25, 2007. Minutes City Council Meeting 05/14/07 -1- OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A REQUEST FROM COSTUME CLOSET TO REFUND FEES RELATING TO ZONING CASE NO. 682 AND 686, A REQUEST FOR A ZONING CODE AMENDMENT, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW AT THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT PROPERTY AT 38 CREST ROAD WEST Planning Director Schwartz presented the staff report providing background regarding the request from Costume Closet. She reported that the Costume Closet representatives are seeking a refund because the School District has provided another facility and therefore there is no need to construct the proposed building on the School District site at 38 Crest Road West in Rolling Hills. City Manager Dahlerbruch indicated that staff is also recommending that the City Council direct staff to prepare a policy for refunding planning and zoning fees for discretionary hearings in the future. Councilmembers discussed the actual costs incurred by the City to process the zoning application submitted by the Costume Closet. Planning Director Schwartz indicated that these fees also included the future process and inspections of the site. Councilmember Lay commented on previous cases where the City has refunded fees for planning and zoning discretionary hearings and the fact that it would be difficult to go back and determine the actual costs of this case at this time. He stated that he feels that the fees should be refunded because the Costume Closet provides a general service to the School District and community. Councilmember Lay moved that the City Council refund the fees relating to Zoning Case No. 682. Councilmember Pernell seconded the motion. Discussion ensued regarding calculating staff costs should there be requests for refunds in the future. It was expressed that the City actually did incur costs associated with the Costume Closet's application as well as the City actually changed its' zoning code to accommodate the request. Following discussion regarding the amount to be refunded, Mayor Black called for a roll call vote. AYES: Councilmembers Heinsheimer, Lay, Pernell, and Mayor Pro Tem Hill. NOES: Mayor Black. ABSENT: None. ABSTAIN: None. Mayor Black suggested that the City Council receive the report from the Chairman of the 50" anniversary Celebration Committee at this time. There being no objection, he so ordered. MATTERS FROM STAFF Mr. Donovan Black, Chairman of the 501h Anniversary Celebration Committee presented an overview of the plans for the event and highlighted the costs. City Manager Dahlerbruch provided copies of the site plan, commorative program and the mug to the Councilmembers. Mr. Black reported that the Committee has attempted to be fiscally responsible but that costs have esclated mainly due to the costs of food due to the overwhelming number of RSVP's that have been received. Discusison ensued regarding the proposed living history video that is proposed to be created for the event and provided to each household in the City. Comments were offered regarding the quality of the first interviews of long time residents conducted by Maureen Nunn. It was reported that second/ multiple generation residents as well as other long-time residents would Minutes City Council Meeting 05/14/07 -2- 1 1 1 be given an opportunity for an interview on the day of the event and that Maureen Nunn's crew would add the new interviews to the DVD. It was suggested that the historical photographs be added to the DVD if possible. Councilmembers commended and thanked the volunteers who have work on the planning of the event and expressed their pleasure with the response by the community to this event. Councilmember Heinsheimer moved that the City Council approve an admended budget for the Anniversary Celebration up to $40,000 for the event, to include copies of the living history video created for the event for each Rolling Hills household. Councilmember Lay seconded the motion which carried unanimously. NEW BUSINESS -Continued CONSIDERATION OF A RECOMMENDATION FROM STAFF TO ESTABLISH A POLICY FOR REFUNDING PLANNING AND ZONING FEES FOR DISCRETIONARY HEARINGS City Manager Dahlerbruch presented the recommendation from staff relative to establishment of a procedure for refunding planning and zoning fees so when questions arise in the future that a policy is in place. Discussion ensued regarding the actual costs incurred by the City for discretionary hearings. It was suggested that the policy address how much had actually been spent on the review and a refund of the balance. It was also suggested that the refund be based on a percentage and that criteria be established for any exceptions for community groups such as the School District. Following the discussion, staff was directed to develop a policy for refunding planning and zoning fees for discretionary hearings. RESOLUTION NO 1018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING THE CITY ATTORNEY AS CITY PROSECUTOR FOR CRIMINAL ENFORCEMENT OF THE ROLLING HILLS MUNICIPAL CODE City Manager Dahlerbruch reported that in reviewing code enforcement strategies with the City Attorney, it was observed that the City Attorney is not designated as the City Prosecutor. He said that as City Prosecutor, the City Attorney would have the authority to prosecute violations to the Municipal Code if or when the District Attorney is not a viable option. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 1018. Councilmember Hill seconded the motion. City Attorney Jenkins commented on the costs associated with his being appointed as the Prosecutor as compared to the LA County District Attorney fees. He explained that zoning violations are not a high priority for the County District's Attorney office and that the County process may not move as fast as having a City Prosecutor due to the County's workload. The City Attorney indicated that he works closely with another firm on these types of cases. Discussion ensued regarding previous violations of the municipal code in which the City had contacted the District Attorney's office to review. It was noted that there had not been many over the years. Mayor Black expressed that he would not be in favor of prosecuting residents. Councilmembers discussed the enforcement of the City's municipal code and the fact that City does not actively look for violations. It was reported that the City enforces municipal code violations when the City is made aware of a violation, for example, through receipt of a complaint. It was expressed that there needs to be some recourse for the City to enforce its ordinances. Following discussion, the motion carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, and Mayor Pro Tem Hill NOES: Mayor Black. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 05/14/07 -3- PLANNING COMMISSION VACANCY City Manger Dahlerbruch presented the staff report and letter from Evie Hankins. He indicated that Mrs. Hankins is retiring from her service of the Planning Commission due to her health. He provided a timeline for the appointment of a new commissioner. Following brief .discussion, the City Council accepted the resignation of Planning Commissioner Evie Hankins and directed staff to invite Mrs. Hankins to be acknowledged at the June 11 joint meeting of the Planning Commission and City Council. Staff was also directed to begin the process of advertising for the vacancy with the goal of filling the position for the July Planning Commission meeting. It was suggested that those interested in submitting letters of interest should attend the joint meeting of the City Council and Planning Commission on Monday June 11, 2007 beginning at 5:00 p.m. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Black commented on the L.A. County Fire Department's weed abatement process and reported on the toxins associated with poison oak during a wildfire. Following discussion regarding fire safety, methods of weed abatement and the L.A. county Fire Department weed abatement inspection process, staff was directed to further report on this matter at an upcoming City Council meeting. CITY COUNCIL COMMITTEE ASSIGNMENTS Mayor Black provided his suggestions for the FY 08-09 City Council Committee Assignments. Hearing no discussion, he called for motion. Councilmember Heinsheimer moved that the City Council adopt the City Council Committee Assignments as presented by Mayor Black. Councilmember Lay seconded the motion which carried unanimously. MATTERS FROM STAFF 2007/08 REVENUE PROJECTIONS AND SCHEDULE OF FEES AND CHARGES City Manager Dahlerbruch reported that the 2007/08 revenue projections and schedule of fees and charges has been presented to the City Council for their information. Hearing no discussion, Mayor Black ordered that the report be received and filed. CITY RECOGNITION POLICY City Manager Dahlerbruch presented the staff report outlining the proposed policy for City recognition. It was suggested that the policy be amended to reflect that acknowledgement will occur when it comes to the attention of the City. Councilmembers briefly discussed the possibility that individuals may wish to make donations to the City and the tax deduction process for such donations. Hearing no further discussion, Mayor Black called for a motion. Councilmember Pernell moved that the City Council adopted the City Recognition Policy as amended to reflect that it is not the City's role or intention to research when a resident is eligible to be recognized and that acknowledgement will occur when it comes to the attention of the City. Councilmember Hill seconded the motion which carried unanimously. TOPICS FOR DISCUSSION AT THE JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING. City Manager Dahlerbruch presented the discussion papers prepared for review by the City Council and Planning Commission at the joint meeting and indicated that they have been presented to the City Council in advance of the meeting for the Council's information. He reported that the Planning Commission has suggested that the meeting start at 5:00 pm to Minutes City Council Meeting 05/14/07 -4- allow further time to discuss these important matters. It was reported that the City Council meeting would begin at 8:00 that evening. It was suggested that another meeting could be scheduled if the City Council and Planning Commission find that more time is necessary to discuss the topics or a particular topic on the agenda. Planning Director Schwartz provided a copy of information that had been submitted by Planning Commission Chairman Arvel Witte to the City Council. It was suggested that the City Council consider the long range global planning on topics such as emergency preparedness, underground utilities and sewer systems at a meeting in the future. or even perhaps a special retreat type meeting. Following the disucssion, the City Council received and filed the report and directed staff to make the RHCA Architectural Committee aware of the joint meeting of the City Council and Planning Commission. The City Council agreed to start the meeting at 5:00 p.m. MATTERS FROM STAFF (ORAL) Relative to PV Transit, City Manager Dahlerbruch asked if the City Council would be interested in establishing a liaison representative to meet with a counterpart on the PV Transit Board a few times a year. Staff was directed to provide a list of PV Transit Board members, an example of a Board agenda, the frequency of their Board meetings and an explanation of how the Board members are appointed. Regarding recognition of a neighboring jurisdiction, the City Council concurred that they would visit the 5/22 meeting of the Rolling Hills Estates and present a certificate acknowledging the City of Rolling Hills Estates' 50"' Anniversary of incorporation. City Manager Dahlerbruch acknowledged that it was his daughter Katie's birthday. The City Council wished Katie a happy birthday. 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. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. 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 No closed session was held. ADIOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:25 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, Minutes City Council Meeting 05/14/07 -5 May 28, 2007 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn Kern Deputy City Clerk 5Approved, jjames lack Mayor E E Minutes City Council Meeting 05/14/07 -6-