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1/28/2008 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JANUARY 28, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:31 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Lay, Pernell, 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. 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 January 14, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement with Investment Report for the month of December, 2007. RECOMMENDATION: Approve as presented. d. Fiscal Year 2008/09 Budget Preparation Calendar. RECOMMENDATION: Approve as presented. e. Correspondence from California Water Service Company regarding changes in its tariff schedules applicable to its Palos Verdes District filed with the Public Utilities Commission, Advice Letter No. 1849. RECOMMENDATION: Approve as presented. f. Allied Recycling Tonnage Report for December 2007. RECOMMENDATION: Receive and file. Mayor Pro Tem Hill moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously. The City Manager explained the formal noticing and public hearing required for an anticipated increase in solid waste collection fees outlined in the budget calendar. PLANNING COMMISSION ITEMS RESOLUTION NO. 200&Ol. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT TO REPLACE AN EXISTING RESIDENCE; GRANTING A MINOR VARIANCE TO ENCROACH WITH BASEMENT LIGHT WELLS INTO SIDE YARD SETBACKS; GRANTING A VARIAIVCE TO LOCATE THE FUTURE STABLE AND CORRAL IN THE FRONT YARD; AND GRANTING A VARIANCE TO EXPORT SOIL IN ZONING CASE NO. 746, LOCATED AT 3 PACKSADDLE ROAD EAST, (LOT 25-SF), (LIN). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and the Planning Commissiori s action relative to Zoning Case No. 746. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-01. Mayor Pro Tem Hill seconded the motion. In response to questions from the Council, Planning Director Schwartz explained how the drainage for the property would be handled. She also explained a previous location for a future stable and corral on the property that was approved in 2002 and the concerns raised about a future stable location during the current Planning Commission review expressed by neighboring property owners. She said that the Minutes City Council Meeting Ol/28/08 -1- neighbors expressed concern that the proposed stable location would block the view from their properties. She indicated that due to the concerns expressed that any future stable and corral location on the property must be reviewed by the Planning Commission. Concerns were expressed regarding a 10 ft. high hedge located along Packsaddle Road East that is noted on the plan. It was explained that the City Council discourages hedge fiype landscaping. Planning Director Schwartz explained the condition related to landscaping in the resolution adopted by the Planning Commission which states that the property shall be landscaped and screened from adjacent properties and that shrubs shall be planted in an offset manner as not to create a hedge but a see through screen. The Council also discussed the landscaping required at the rear of the property to mitigate concerns expressed by the neighboring property owner regarding privacy. Concerns were expressed that due to the hedge shown on the plan that the plan is in conflict with the Resolution. The City Attorney explained that if a specific condition is contained in the resolution that the resolution would be the controlling factor but the City should make sure that the plan corresponds. The Planning Director explained that when a landscape plan is presented that staff and the landscape consultant review the plan to assure that it meets the conditions in the resolution of approval. Mr. Criss Gunderson, applicants' representative, explained the existing landscaping in the front yard, which he said includes at 10 ft. deep offset pattern of a series of tall shrubs. He indicated that he could change the terminology on the plan. Discussion ensued regarding the landscape condition in the resolution which was described by the Planning Director. Staff was directed to review the landscape plan required to be submitted for this proposed development to assure that the landscaping in front along Packsaddle Road East is not a 10-foot high hedge. 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. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS NIGHTTIME DELINEATION OF THE TRIANGLES AT SADDLEBACK ROAD/POPPY TRAIL/PORTUGUESE BEND ROAD AND UPPER BLACKWATER CANYON ROAD /PORTUGUESE BEND ROAD City Manager Dahlerbruch presented the staff report providing background regarding the nighttime delineation of the two triangles located in the City. Concern was expressed regarding the number and brightness of the reflectorized bots dots installed at the Saddleback Road/Poppy Trail/Portuguese Bend Road triangle. It was explained that this triangle was previously outlined with wood and that following several accidents at the location that reflectors were added to them. It was suggested that fewer reflectorized bots dots be installed at the triangle on Upper Blackwater Canyon Road/Portuguese Bend Road. Hearing no further discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council authorize the installation of reflectorized bots dots at the appropriate corners of the Saddleback Road/Poppy Trail/Portuguese Bend Road and Upper Blackwater Canyon Road/Portuguese Bend Road triangles. Councilmember Heinsheimer seconded the motion which carried unanimously. Staff was directed to minimize the number of reflectorized bots dots installed at the triangle at Upper Blackwater Canyon Road/Portuguese Bend Road. NEW BUSINESS CONSIDERATION OF AN AGREEMENT WITH BOLTON ENGINEERING FOR AS- NEEDED CONSULTING Minutes City Council Meeting Ol/28/08 -2- City Manager Dahlerbruch presented the staff report outlining the agreement which would be used for projects such as the geological consultant's recommendation for the redesign of a drainage pipe at 1 Poppy Trail. He said that other needs such as this may arise in the future and that it would be good to have an agreement with Bolton to cover the work. Councilmember Heinsheimer moved that the City Council approve the agreement between the City and Bolton Engineering for as-needed consulting. Councilmember Lay seconded the motion. Discussion ensued regarding the proposed agreement and associated costs. The City Attorney explained that the City's Purchasing Ordinance sets certain spending limits that the City Manager can authorize as long as there are funds in the budget to cover the costs and that the City Council must approve funds that are above this limit. Following the discussion, the motion carried unanimously. OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL � CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL SUBCOMMTTTEE REGARDING APPOINTMENTS TO THE ROLLING HILLS PLANNING COMMISSION AND TRAFFIC COMMISSION (ORAL) Personnel Subcommittee Member Councilmember Allen Lay reported that the Committee had met to interview candidates and consider appointments to the Planning Commission and Traffic Commission per the city's policy which requires incumbent members of the Commissions to apply for their position along with members of the community expressing a desire to serve. He stated that the Personnel Subcommittee recommends the reappointment of Loren DeRoy and Arvel Witte to the Planning Commission for a new term of 4-years. He stated that all candidates were very well qualified and that each was considered on his or her merits considering their experience, motivation, and interests along with the chemistry of the Commission members. He indicated that the Committee felt that the incumbents were well focused on the activities of the planning Commission and that the Commission is currently working well together therefore the Committee felt that this is not the time to disrupt this process. He stated that the Committee requests that the appointments to the Traffic Commission be held on the agenda. Hearing no further discussion, Mayor Black called for a motion. Councilmember Lay moved that the City Council re-appoint Planning Commissioners Loren DeRoy and Arvel Witte to a 4-year term on the Planning Commission. Councilmember Heinsheimer seconded the motion which carried unanimously. There being no objection Mayor Black continued the appointments to the Traffic Commission to the next meeting of the City Council to be held on Monday, February 11, 2008. Mayor Pro Tem Hill reported that longtime resident and one of the first presidents of the Women's Community Club of Rolling Hills Mrs. Virgina Doak is moving away and suggested that the Council recognize her. Councilmembers supported the recognition of Mrs. Doak, providing Mayor Pro Tem Hill with the authority to decide the form and format of the recognition. Councilmember Pernell commented of the upcoming public hearing relative to the exterior lighting ordinance recommended by the Planning Commission. He suggested that the City Council discuss up-lighting and lighting of tennis courts during the public hearing. Councilmember Pernell commented on the Planning Commission January, 2008 Meeting Action Memorandum and a condition to a resolution of approval that prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. Planning Director Schwartz explained that this is a standard procedure but that the Commission felt that it should be formalized in writing. Mayor Black commented on the $400,000 Proposition 1B funds to be used for traffic improvements and the suggested use of the funds for the relocation of the brown signal control box off of the southeast corner of Portuguese Bend Road/Rolling Hills Road/Palos Minutes City Council Meeting Ol/28/08 -3- Verdes Drive North. He suggested that there might be other traffic related projects that would benefit Rolling Hills residents. Mayor Black commented on the undergrounding of utilities at 17 and 18 Portuguese Bend Road. The City Manager explained that the parties are working toward a solution and should be reporting their findings at an upcoming City Council meeting. He stated that a certificate of occupancy would not be issued until the.undergrounding of utilities has occurred. MATTERS FROM STAFF City Manager Dahlerbruch provided a copy of a draft letter to the Rancho Palos Verdes City Manager regarding brush clearance in the Canyons Ecological Reserve areas immediately bordering Rolling Hills. He also reported that the draft letter from the Rolling Hills City Council to Rancho Palos Verdes City Council regarding the pedestrian and equestrian use of trails in the Ecological Reserve that are adjacent to Rolling Hills would be amended based on feedback he has received. He provided the Council with an updated schedule for the low- pressure sewer feasibility study. City Manager Dahlerbruch reported that the City had received the Distinguished Budget Award presented by the Government Finance Officers Association. Councilmembers thanked and commended the Finance Director Nan Huang for her efforts. City Manager Dahlerbruch reported that the League of California Cities has indicted that the Governor has not yet exercised the option to declare a fiscal state of emergency per Proposition 1A and therefore the state, at this time, does not appear to be borrowing property tax monies from cities. 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) 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. No closed session was held. ADTOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:18 p.m. in memory of long time Rolling Hills resident Mrs. Nora Ullrich and former long time resident Mrs. Marilyn A. Lund. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, February 11, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn Ker Deputy City Clerk Ap ed, james ack � Mayor Minutes City Council Meeting Ol/28/OS -4-