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5/12/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 12, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. 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 April 28, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of adoption of a Mediation Services Agreement. RECOMMENDATION: Approve as presented. Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously. City Manager Dahlerbruch introduced Ms. Laura Walters, the Community Relations Officer for the Los Angeles County Fire Department. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS REQUEST FOR MODIFICATION OF AN IMPROVEMENT AGREEMENT FOR UNDERGROUNDING OF UTILITY LINES PURSUANT TO CONDITIONS OF APPROVAL OF PARCEL MAP NO. 23991, AS AMENDED, TO OBTAIN FINAL INSPECTION AT 18 PORTUGUESE BEND ROAD. City Manager Dahlerbruch presented the staff report providing background regarding the property owners' request for a modification to the second amended agreement, effective July 10, 2006, to relieve them from the requirement that no final inspection and / or occupancy permit be given by the Los Angeles County Building and Safety Department for the new residence until utility lines are undergrounded subject to the layout in the second amended Minutes City Council Meeting 05/12/08 -1- agreement. He provided an update regarding the progress of utilities associated with the project that have been undergrounded to date which involve the wires that cross Portuguese Bend Road. He explained that according to the property owners' representative, Verizon is experiencing staffing problems that have prevented them from removing their wires that span across Portuguese Bend Road but that this work will be completed in approximately 10 days. City Manager Dahlerbruch explained the plans for the second phase of undergrounding on and in the rear of 17 and 18 Portuguese Bend Road is still being discussed relative to how, when and if that can happen. He reported that correspondence received after the agenda had been posted and delivered to the Council from NextG Networks, Inc., Verizon, and Cox Communications explaining constraints being experienced to complete this work have been placed before the City Council this evening and that copies have been provided to the public. He also indicted that copies of a letter from Dr. Ralph Black, 36 Saddleback Road, received after the agenda had been posted and delivered to the Council expressing concern regarding this matter had also been placed before the Council and made available to the public. City Manager Dahlerbruch explained the recommendations outlined in the staff report. Mr. Ken Allen, property owners' utility consultant, explained the second phase to the rear of 17 and 18 Portuguese Bend Road and indicated that two property owners in the area of the proposed second phase plan had denied the required easements to Edison and further explained the constructions constraints outlined in the correspondence from NextG, Verizon and Cox. He further explained an alternative plan that could be implemented in which the two poles between 17 and 18 Portuguese Bend Road would remain but would be lessened in height. Mr. Menelaos Saridakis, 18 Portuguese Bend Road, commented on the correspondence from the utility companies explaining the constraints that are preventing them from completing this work. It was noted that in the case of the correspondence from NextG that they are indicating that the work could be done but that it may be cost prohibitive due to logistical challenges. Mr. Saridakis further explained the problems that occurred over the years preventing him from completing the required undergrounding. He also explained that he must refinance his construction loan to a regular mortgage. Mayor Pro Tem Heinsheimer moved that the City Council: • Approve the request for a final inspection of 18 Portuguese Bend Road, • Withhold approval of turning on natural gas to the property and withhold occupancy to the residence, • Extend the July 10, 2008 due date for completion of the undergrounding for six months to January 12, 2009, • Require an additional $150,000 be placed in the existing escrow account by the property owner of 18 Portuguese Bend Road for undergrounding if the property is sold prior to achieving resolution of the undergrounding requirement to the satisfaction of the City, • Authorize the City Manager and City Attorney to prepare and execute a third amended agreement incorporating #1, #2, #3 and #4 above and record the agreement, • Direct the City Manager to work with the property owner of 18 Portuguese Bend Road to develop for the City Council's consideration a satisfactory resolution for the remaining undergrounding requirement. Councilmember Lay seconded the motion. Discussion ensued regarding the request. Comments were offered regarding another property owner in the area who worked diligently to urge the previous property owner of 17 and 18 Portuguese Bend Road to underground the utilities along with an underground project on their property. It was stated that when the current property owners purchased the property that they understood the undergrounding conditions. It was noted that the option subject to the seconded amended agreement could be accomplished sooner than the revised plan. Following further discussion regarding the difference between the latest version of the underground plan and the previous version and an explanation that no gas meter would be permitted to be installed as a condition of releasing a certificate of occupancy, the motion carried by the following roll call vote: AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. Minutes City Council Meeting 05/12/08 -2- NEW BUSINESS CONSIDERATION OF THE WILDLIFE PRESERVATION COMMITTEE'S PROPOSED SCOPE AND STRUCTURE City Manager Dahlerbruch presented the staff report outlining the proposed scope and structure of the Wildlife Preservation Committee. He indicated that Councilmember Pernell had suggested that the Committee also address gardeners' practices in the City, involve the City's volunteer landscape consultant in the Committee's activities and address the use of pesticides and herbicides. Mr. Roger Sommer, Chair of the Wildlife Preservation Committee, commented on the meetings he and the Council's liaison to the Committee conducted regarding the restructuring of the Committee. He reported that Brent Barns has expressed a desire to head the proposed Environmental Assessment Subcommittee, Steve Shultz has expressed a desire to head the proposed Green Plans and Programs Subcommittee and that he is talking with Pam Crane about heading the proposed Education and Outreach Subcommittee. He indicated that the Committee could involve more people in the community as a result of the revised scope and structure of the Committee. Hearing no further discussion, Mayor Hill called for a motion. Mayor Pro Tem Heinsheimer moved that he City Council support the Wildlife Preservation Committee's proposal, recommend that staff be directed to prepare a Resolution for redefining the scope and structure of the Wildlife Preservation Committee and recommend that staff be directed to initiate the process for filling Committee member terms that expired January 2008. Councilmember Lay seconded the motion which carried unanimously. RECOMMENDATION TO SELL PARCEL NUMBER #7574-020-900 TO THE ROLLING HILLS COMMUNITY ASSOCIATION IN THE AMOUNT OF $ AND DIRECT THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE THE AGREEMENT FOR THE SALE Following an explanation from the City Manager regarding the history of the acquisition of the property from the County of Los Angeles and proposed sale of the Crest Road property to the Rolling Hills Community Association, the City Council unanimously approved the sale of 9,264 +/- acres of City -owned property on Crest Road upon which the westbound lane and Gate House are located to the Rolling Hills Community Association for the amount of $35,000 and directed the City Manager and City Attorney to execute the agreement for the sale. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell reported on his attendance at a recent California Contract Cities Association meeting and stated that Rolling Hills Estates Councilmember Frank Zerunyan had been elected to serve as the 2008-2009 President of the organization. He also reported that Rolling Hills Estates Councilmember Judy Mitchell is in line to become the President of the League of California Cities. REPORT REGARDING THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL) Councilmember Pernell reported on his attendance at the Palos Verdes Peninsula Regional Law Enforcement Committee meeting held on May 8, 2008. He suggested that staff prepare a letter to McCormick Ambulance acknowledging their services and responsiveness to the Committee's request for data. Councilmembers supported this suggestion and directed staff to prepare a letter for the Mayor's signature. MATTERS FROM STAFF FOCUS GROUP OBSERVATIONS AND RECOMMENDATIONS REGARDING DEVELOPMENT City Manager Dahlerbruch presented the staff report providing background regarding the formation of the City Manager's Focus Group and indicated that the group has been focusing Minutes City Council Meeting 05/12/08 -3- on the development process. He summarized the recommendations and observations of the Focus Group for the Council. Councilmembers discussed the observations and recommendations and it was noted that they fall into three categories related to transparency, process and rules. It was suggested that the Focus Group specifically review their recommendations as they relate to why they are a good idea, how they would affect the City and what the impact would be. Ms. Cathy Nichols, 14 Crest Road West, provided comments regarding the education of prospective buyers before they actually purchase property in the City relative to the development rules and regulations, regarding the discussions of the focus group about the development process and the varying opinions expressed by the members about the size of homes and grading. Comments were offered regarding the positive accomplishments of the Focus Group and the varying opinions of the group's members and whether a consensus could be obtained. It was noted that the group's discussions of the issues have been good for the community. Discussion ensued regarding the uniqueness of each of the individual properties in the City and how the differences would affect the group coming to a consensus about the issues. Dr. Rick Rutgers, 5 Packsaddle Road East, commented on the development process and on the City's rules and regulations that have an effect on smaller size properties as they relate to the size of a home that can be accommodated on the property. He also commented on the negotiations and compromises that fit the particular situations on each property that are reached during Planning Commission review process. He indicated that he feels that there is a majority opinion in the Focus Group that the City should relax the building pad coverage guideline. Mr. Marc Jacobowitz, 20 Portuguese Bend Road, thanked the City Manager and Planning Director for their hard work with the Focus Group. He commented on the varying opinions of the group and the difficulty in coming to a consensus regarding the size of homes that should be allowed to be built in the City. He indicated that focus of the recommendations was on the smaller lots. He stated that some members of the group wished to maintain the rural character of the City but that they felt that it is not realistic for a family to live in a house of less than 3- 4,000 sq. ft. He commented on grading on a property to accommodate a larger home and the how relaxing of the pad coverage would may cause less grading to be done. Following the discussion, the City Council supported the idea that the Focus Group review their observations and recommendations and further define their recommendations and provide examples of why and how the group came to their conclusions. It was suggested that the recommendations be categorized in three categories; transparency, process and rules. At 9:07 p.m. the Council adjourned 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. 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 Labor Negotiator G.C. 54957.6 City Negotiator: Anton Dahlerbruch, City Manager Unrepresented Employees: Finance Director, Planning Director, Deputy City Clerk / Secretary to the City Manager and Clerk Typist / Receptionist. Minutes City Council Meeting 05/12/08 -4- 1 1 U �I 1 Fil 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: Rolling Hills Community Association Under Negotiation: Price and Terms of Payment The City Council reconvened in open session at 10:50 pm. It was reported that the Council discussed personnel matters during closed session, that direction was given to the City Manager and that no reportable action was taken in closed session. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 10:50 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, May 26, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approve FrargT. Hill Mayor Minutes City Council Meeting 05/12/08 Respectfully submitted, Marilyn Kern Deputy City Clerk -5-