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10/13/2008 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, OCTOBER 13,2008 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: Councilmembers Black, Lay, Pernell, and Mayor Hill. Councilmembers Absent: Mayor Pro Tem Heinsheimer (excused). 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 September 22, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills RECOMMENDATION: Approve as presented. Councilmember Black moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 200&16. A RESOLUTTON OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO RETAIN AN "AS BUILT" WATERFALL AND WATER SLIDE IN THE SIDE AND REAR YARD SETBACKS, AND AN UNDER THE DECK POOL EQUIPMENT IN THE REAR YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 759, AT 5 CREST ROAD WEST, (LOT 55-B-MS), (SODERSTROM). Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to Zoning .Case No. 759. Following brief discussion regarding the lack of an easement between this property and the neighboring property, Mayor Hill called for a motion. Councilmember Pernell moved that the City Council receive and file Resolution No. 2008-16. Councilmember Lay seconded the motion which carried unanimously by those Councilmembers in attendance. RESOLUTION NO. 200&15..A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL GRADING FOR SLOPE STABILIZATION AT 3 APPALOOSA LANE AND ON TWO ADJACENT PROPERTIES, (17 AND �9 BUGGY WHIP DRIVE) AND FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, POOL AND A FUTURE STABLE ON A VACANT PARCEL OF LAND AT 3 APPALOOSA LANE IN ZONING CASE NO. 757(LOT 246-MS), (FOZOONMEHR). Councilmember Black stated that he would abstain from consideration of Zoning Case No. 757 due to the proximity of his residence to the subject property and left the dais. Minutes � City Council Meeting 10/13/08 -1- Planning Director Schwartz presented the staff report outlining the applicant's request and providing background regarding the property� and Planning Commission action relative to Zoning Case No. 757. She provided an explanation of the special conditions of approval the Planning Commission imposed due to the magnitude of the proposed development. In response to a query, the Planning Director explained that the condition that the applicant reimburses the City for an independent consultant is to ensure that certain key conditions are met. She reported that the consultant would not be on site at all times but rather would monitor the project by occasional inspections especially at certain milestones during the project and would monitor the mitigation measures. The City Attorney explained that this requirement would be pre-funded and if payment is not made the City would stop the project. It was reported that staff would manage the agreement between the City and the consultant. Councilmembers discussed the agreement that is required for two adjacent property owners. The Planning Director reported that the neighbors have expressed support for an agreement and that the City would receive a recorded copy. She explained that she has not yet seen the agreements but essentially they would give the applicant permission to go onto the neighbors' properties to perform a portion of the slope stabilization. In response to a query, the Planning Director explained that the County would estimate the size of the bond for any repairs necessary to the Appaloosa Lane. Discussion ensued regarding the magnitude of the project and the estimated length of time it would take to complete the grading portion of the project. Concerns were expressed about the length of time the neighborhood would be disrupted and about the closure of the Glory trail that traverses the property. Other concerns were expressed about what would happen if the applicant fails to complete the project once it is started. The Planning Director explained the County's requirement for a grading bond on behalf of the City. It was also explained that if the applicant did not complete the project that the County would use the bond to restore the site to a natural condition. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-15. Further concerns were expressed about the estimated time of completion for the grading portion of the project and the amount of time the Glory trail would be closed. It was reported that the City could not place time limit or deadline conditions on a project. It was reported that the project could continue as long as the permit issued by the County remains active. Comments were offered regarding the benefits to the area that will be provided by this proposed project. Mr. Bob Schmit, 17 Buggy Whip Drive, explained his concerns about the portion of the slope stabilization that will occur on his property and indicated that his attorney is reviewing the agreement with the applicant. He stated that he is inclined to give his permission for this work to occur on his property as long as the agreement with the applicant contains an indemnification clause. Mr. Criss Gunderson, applicant's representative, stated that the grading portion of the project only encompasses 2-1/2 acres of the property and that the work would be done in segments on the property. He pointed out on the plan the various azeas of the property that are proposed to be graded and stated that the last portion would involve the area of the Glory Trail and therefore the trail would not be closed for the entire time. The applicant was encouraged to place any sanitary facilities used during the project out of the view of the public. Following the discussion, Councilmember Pernell seconded the motion which carried unanimously by those Councilmembers in attendance (Black abstained). The City Manager commended the Planning Director for her work on this project. It was noted that the Planning Commission did a great job evaluating this project. Councilmemember Black returned to the dais. TRAFFIC COMMISSION ITEMS None. Minutes City Council Meeting 10/13/08 -2- PUBLIC HEARINGS None. � OLD BUSINESS � None. NEW BUSINESS (1) RESOLUTION NO: 1045: A RESOLUTION OF THE CTTY COUNCIL OF THE CITY . OF ROLLING HILLS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2009, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF.CALIFORNIA RELATING TO GENERAL LAW CTTIES. (2) RESOLUTION NO. 1046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2009. � (3) RESOLUTION NO. 1047: A RESOLUITON OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR . � CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2009. � � City Manager Dahlerbruch presented the,staff report providing background regarding the Resolutions associated with the Municipal Election to be held on March 3, 2009. Hearing no discussion, Mayor Hill called for a motion. . Councilmember Lay moved that the City Council adopt Resolution Nos. 1045, 1046 and 1047. Councilmember Black seconded the motion which carried unanimously by those Councilmembers in attendance. CONSIDERATION OF PROPOSED POLICIES FOR THE CONTENT OF THE CITYWIDE NEWSLETTER, USE OF THE EMERGENCY MASS NOTIFICATION SYSTEM AND CONSERVATION PRACTICES. City Manager Dahlerbruch presented the staff report outlining the proposed policies. Following brief discussion regarding the policies, Councilmember Lay moved that the City Council support the recommended policies with the following amendment to the paragraph regarding other uses of the Mass Notification Policy System: "The emergency notification system may be used for other notification purposes only with the advance approval of the City Council , ' , .' . Councilmember Pernell seconded the mohon which carned unanimously by those Councilmembers in attendanee. OPEN AGENDA- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Frank Gargas, 19 Buggy Whip Drive, expressed concern about the lack of cellular telephone sites in the City. It was reported that staff has initiated a conversation with Verizon about improved service. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilembmer Lay indicated that he would be absent from the October 27 and November 10 City Council meetings. In response to Councilmember Lay, City Attorney Jenkins explained that if the City and a developer cannot agree.on bond amounts that no building permits would be issued. Councilmember Pernell commented on the extra traffic enforcement statistics provided to the City Council and suggested that the extra enforcement patrols concentrate more on speeding during the commute hours and on weekends. Minutes . City Council Meeting 10/13/08 , -3- MATTERS FROM STAFF UPDATE REGARDING THE GOLDEN GUARDIAN EXERCISE (ORAL). City Manager Dahlerbruch provided an update on the City's participation in the upcoming Golden Guardian training exercise which will be based on a major earthquake scenario. He highlighted that the exercise will involve City staff, RHCA staff, City EOC Volunteers, CERT Members, Block Captains, Fire Department, Sheriff's Department, the Disaster Communications group, County Building Department and the Women's Club and that it will be conducted in two phases. He said that the morning session would involve a tabletop exercise and critique and the afternoon session would involve lunch, a community wide damage assessment survey and critique. It was explained that a series of articles would be placed in upcoming newsletters about the exercise and encouraging residents to individually prepare to sustain themselves during a major disaster. At 8:55 p.m. the meeting was 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. 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. � Conference With Labor Negotiator _ G.C. 54957.6 City Negotiator: Anton Dahlerbruch, City Manager Unrepresented Employees: Finance Director, Planning Director, Deputy City Clerk / Executive Assistant and Administrative Assistant. The City Attorney reported that the City Council discussed the Sheen litigation listed on the closed session agenda and that no reportable action was taken during closed session. The Council returned to open session at 9:08 p.m. ADTOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:08 p.m. in memory of long time Rolling �3ills resident Edsel Dunford. The meeting was adjourned to the next regular meeting of the City Council scheduled to be held on Monday, October 27, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � � � � u.�,.� Marilyn Kern Deputy City Clerk Approve , � � Fr E. Hill Mayor Minutes City Council Meeting 10/13/08 -4-