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11/24/20081 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOVEMBER 24, 2008 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 5:30 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. Paul Tetreault, Rancho Palos Verdes Planning Commission 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 and the representatives of Rancho Palos Verdes. OPEN AGENDA — APPROXIMATELY - PUBLIC COMMENT WELCOME None. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 7:30 p.m. to the regular meeting of the City Council scheduled to be held on Monday, November 24, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Frank Hill Mayor Minutes City Council Meeting 11/24/08 Respectfully submitted, Deputy City Clerk -1- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 24, 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 7:35 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Bleck, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Pianning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Alin, 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 November 10, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of October, 2008. RECOMMENDATION: Approve as presented. d. Correspondence from Cox Communications regarding channel additions and changes. RECOMMENDATION: Receive and file. e. Correspondence from County Sanitation Districts of Los Angeles County regarding Rates for Solid Waste Materials Recovery, Transfer, and Disposal Facilities. RECOMMENDATION: Receive and file. f. Employee Handbook and Personnel Policy Manual. RECOMMENDATION: Receive and file. Following an explanation regarding typographical errors corrected on the Employee Handbook and Personnel Policy Manual, Mayor Pro Tem Heinsheimer moved that the City Council approve the items on the Consent Calendar. Councilmember Lay seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 2008-19. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A GAZEBO AND A BARBEQUE THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT 1 SAGEBRUSH LANE, (LOT 100-A-2-RH) IN ZONING CASE NO. 765, (FAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Councilmember Black indicated that he would abstain from consideration of Zoning Case No. 765 due to the proximity of his residence to the subject property and left the council chambers. 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. 765. Hearing no discussion, Mayor Hill called for a motion. Minutes City Council Meeting 11/24/08 -1- Mayor Pro Tem Heinsheimer moved that the City Council receive and file Resolution No. 2008-19. Councilmember Lay seconded the motion which carried unanimously (Black abstained). Councilmember Black returned to the dais. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS CONSIDERATION OF RELOCATING OR UNDERGROUNDING THE UTILITY POLE AT 8 MIDDLERIDGE LANE SOUTH. City Manager Dahlerbruch presented the staff report providing background regarding this matter. He explained a meeting that was held for residents of Middleridge Road South to learn about and discuss the possibility for residents to fund an undergrounding project. He reported that the residents were told that the City was not responsible for relocating or undergrounding the pole and, Edison representative, Scott Gobble, stated that Edison would not pay the cost to relocate or underground the pole. He stated that the residents responded that they do not wish to fund any portion of the relocation or undergrounding of this pole. Mr. Burt Cutler, 10 Middleridge Lane South, explained the two accidents that occurred on Middleridge Lane South involving the subject pole. He also explained the narrow, steep, curve features of the roadway at the location of the pole and indicated that the residents of Middleridge Lane South are concerned that a serious accident may occur at this location in the future. He expressed that the residents of Middleridge Lane South feel that the Edison Company and/or the City should move or underground the pole. It was noted that the pole is on private property. It was explained that there are many other utility poles located close to the roadway throughout the City and that it is not within the City's purview to underground utilities on private property. In response to a query, the City Manager explained that the RHCA had not been asked to look at this issue. Mr. Ken Johnson, 29 Middleridge Lane, suggested that a guardrail might be useful in this location and would be less costly. Following the discussion regarding the residents concerns about the pole, the City Council's policy to assist residents with private underground districts and the resident's lack of support to fund the undergrounding of the subject pole, staff was directed to query whether the RHCA would consider a project to underground this utility pole and report back to the Council. NEW BUSINESS CONSIDERATION OF A RESOLUTION NO. 1049 OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A FINAL, PARCEL MAP OF A PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 27078, SUBDIVISION NO. 90, ZONING CASE NO. 717, A REQUEST TO SUBDIVIDE ONE EXISTING SINGLE FAMILY LOT CONSISTING OF 8.45 ACRES INTO TWO (2) LOTS LOCATED AT 20 UPPER BLACKWATER CANYON ROAD, (KAZARIAN). Councilmember Black indicated that he would abstain from consideration of Zoning Case No. 765 due to the proximity of his residence to the subject property and left the council chambers. Planning Director Schwartz presented the staff report providing background regarding the subdivision and the request for approval of the final map. Hearing no discussion, Mayor Hill called for a motion. Councilmember Lay moved that the City Council adopt Resolution No. 1049. Councilmember Pernell Minutes City Council Meeting 11/24/08 -2- seconded the motion which carried unanimously (Black abstained). Councilmember Black returned to the dais. DISCUSSION REGARDING PROPOSED DEVELOPMENT AT ST. JOHN FISHER CHURCH AND SCHOOL PROPERTY, 5448 CREST ROAD WEST. City Manager Dahlerbruch reported that at the November 10, 2008 City Council meeting several Rolling Hills residents commented on a proposed development project at St. John Fisher Church located at 5448 Crest Road in Rancho Palos Verdes and that the residents requested that the City Council review the proposed project with regard to its" impact on City residents. He presented the staff report providing background regarding the project details, Rancho Palos Verdes Planning Commission conditions regarding this proposed project, and the Rancho Palos Verdes City Council actions to date regarding the proposed project. He also outlined the residents concerns expressed at the last meeting and the responses from staff at Rancho Palos Verdes addressing the concerns. It was noted that there would be several more hearings before the Rancho Palos Verdes City Council. Discussion ensued regarding the Rancho Palos Verdes policy of noticing persons within a 300- foot radius for public hearings. It was noted that the City of Rolling Hills provides notification to persons within a 1000- foot radius. It was suggested that it would be helpful if the City of Rancho Palos Verdes would provide Rolling Hills residents with notification when a project such as this one will have an effect of them. It was reported that during the Rancho Palos Verdes public hearing that all of the concerns that had been expressed by the Rolling Hills residents were commented on by the Rancho Palos Verdes City Council. Mayor Hill asked if there were anyone present that wished to speak on this matter. The City Attorney stated that this would not be a hearing about the merits of this project but that the Rolling Hills City Council would discuss whether to take any action relative to the projects affect on Rolling Hills. Mr. Richard Colyear, 35 Crest Road West, commented on concerns regarding traffic related to the project and whether an increase in activity at the church would cause problems for Rolling Hills residents entering and exiting the Crest Road Gate. He stated that he feels that there is inadequate parking being proposed for the increased number of activities that will be provided at the church. Dr. Richard Krauthamer, 41 Crest Road West, reported that he attended the Rancho Palos Verdes City Council public hearing regarding this matter. He explained the arguments that were brought up during the hearing and expressed concern that it was mentioned that the sanctuary could be moved to a more central location on the property. He stated that this re -location would greatly impact Rolling Hills. He expressed concern about the bulk and mass of the proposed building. Dr. Krauthamer commented on the up -lighting of the proposed cross structure and stated that it would not be in keeping with the rural ambiance of the area and that it would have an impact on Rolling Hills residents. Discussion ensued regarding the process that Rancho Palos Verdes would follow if there were a change in the plan to re -orientate the structure on the property eastward toward Rolling Hills. The City Attorney indicated that the impact would need to be evaluated by Rancho Palos Verdes if the plan were to change. Dr. Krauthamer commented on the sound study completed for the proposed bells. He stated that lie feels that the Rolling Hills residents in the area of the church would significantly hear the bells. He also commented on the concerns raised about parking and traffic. He suggested that the City prepare a letter to the Rancho Palos Verdes City Council stating the issues that have been expressed by Rolling Hills residents and respectfully requesting that an EIR be completed for the project. He stated that the letter should indicate that the proposed project is not in keeping with the rural nature of the area. Ms. Cathy Nichols, 14 Crest Road West, indicated that she attended the Rancho Palos Verdes public hearing and site visit regarding this proposed development. She indicated that she also feels that the City should send correspondence to the Rancho Palos Verdes City Council stating the issues that have been expressed by Rolling Hills residents. She also stated that she feels that since this is a major change in the community that an EIR should be done. She explained that the church was originally to be placed in a commercial corridor in Rancho Palos Verdes however church officials felt that the church should be located on a hill in a rural environment. Ms Nichols expressed concern about the proposed expansive development and indicated that it is not in keeping with the surrounding rural environment. Mr. Roger Hawkins, 37 Crest Road West, stated that he feels that Rancho Palos Verdes should provide Minutes City Council Meeting 11/24/08 -3- notice to residents within 1,000 ft radius of a project. He urged the City Council to provide correspondence to the Rancho Palos Verdes City Council expressing the concerns raised by Rolling Hills residents about noise, lighting, traffic and the location of the structure on the St. John Fisher property. Mr. Spencer Karpf, 14 Caballeros Road, expressed concern about the impact the proposed development will have on the aesthetic quality of the City of Rolling Hills. He indicated that he feels that the City Council should be involved and take a position regarding this development due to its impact on Rolling Hills and its residents. He commented on the hearings being conducted by the Rancho Palos Verdes City Council and stated that he feels that Rolling Hills should provide comments in opposition to this project as soon as possible. Following discussion regarding the City Council's options, the City Council directed staff to prepare a letter with Mayor Pro Tem Heinsheimer's input for the Mayor's signature conveying to the Rancho - Palos Verdes City Council the concerns regarding noise, lighting, traffic, possible reorientation of the building to the east toward Rolling Hills and the lack of an EIR for the development. It was suggested that the residents who are impacted by the development participate in the Rancho Palos Verdes public hearings related to this development and that Councilmembers individually discuss the Rolling Hills residents concerns with members of the RPV City Council. CONSIDERATION OF A POLICY IN REGARD TO RECOGNIZING DONATIONS TO THE CITY OF ROLLING HILLS. City Manager Dahlerbruch presented the staff report providing background regarding a request from a resident for formal recognition of a donation made to the City. Discussion ensued regarding the City's current practice to provide a letter of thanks to a donor rather than to have plaques or memorial markers. It was suggested that a recognition policy would encourage others to donate to the City. Following the discussion, no changes were made to the current policy. CONSIDERATION OF RETAINING CONSULTANT SERVICES FOR NEGOTIATION AND PREPARATION OF THE CITY OF ROLLING HILLS SOLID WASTE FRANCHISE AGREEMENT. City Manager Dahlerbruch presented the staff report providing background regarding staff's request to retain a consultant to assist with negotiation and preparation of a new solid waste franchise agreement. Following brief discussion regarding the benefits of retaining a consultant to assist the city in the preparation of a new solid waste franchise agreement, Councilmember Lay moved that the City Council direct staff to prepare and solicit proposals for consultant services for assistance in negotiations and preparation of a new solid waste franchise agreement. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell conveyed a neighbor's concern about Edison Company response time and customer service. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Councilmember Pernell reported on the statistics provided at a recent Palos Verdes Peninsula Regional Law Enforcement Committee Meeting. He indicated that response times and level of service concerns in Rolling Hills were also discussed and that the Captain is working on these concerns. MATTERS FROM STAFF ORAL REPORT ON THE GOLDEN GUARDIAN EXERCISE City Manager briefly reported on the positive outcomes of the exercise and thanked the City Council for their support of this exercise. Minutes City Council Meeting 11/24/08 -4- 1 CONSIDERATION OF AN AD HOC SUBCOMMITTEE ON WIND TURBINES Mayor Hill appointed Mayor Pro Tem Heinsheimer and Councilmember Black to an Alternative Power Sources Ad Hoc Subcommittee. 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(x) 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. No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 9:3.5 p.rn- to a regular meeting of the City Council scheduled to be held on Monday, December 8, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Fran —E. Hill Mayor Minutes City Council Meeting 11/24/08 Respectfully submitted, Deputy City Clerk -5-