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11/22/2010MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, NOVEMBER 22, 2010 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell 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, Heinsheimer, Hill and Mayor Pernell. Councilmembers Absent: Mayor Pro Tem Lay. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Heidi Luce, Deputy City Clerk. Marvin Jackmon, Regional Manager Public Affairs, SCE. Sam Pena, Municipal Cities Liaison, Allied Waste. 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 8, 2010. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Monthly Financial Statement. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for October, 2010. RECOMMENDATION: Receive and file. E. RESOLUTION NO. 1100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING A PORTION OF PROPERTY LOCATED ALONG POPPY TRAIL, SOUTH OF SADDLEBACK ROAD AND HAVING A.P.N. 7567-001-901. RECOMMENDATION: Approve as presented. Councilmember Black asked that Item 3B be removed from the Consent Calendar for individual consideration. Hearing no objection, Mayor Pernell so ordered. Councilmember Heinsheimer moved that the City Council approve the remaining items on the consent calendar. Councilmember Hill seconded the motion, which carried without objection. B. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Black asked for details on what caused the Animal Control invoice to be higher than usual. Following brief discussion, staff was directed to provide an explanation of the contract, costs, reimbursements and services provided. Councilmember Black moved that the City Council approve the Payment of Bills as presented. Councilmember Heinsheimer seconded the motion which carried without objection. PRESENTATION Southern California Edison Company Update — Marvin Jackmon, Regional Manager, Public Affairs Mr. Jackmon provided an update on Southern California Edison's improved reliability project scheduled to begin in the coming weeks and conclude by December 31, 2010. He stated that the work will be done Minutes City Council Meeting 11/22/10 -1- Monday through Saturday with no work being done on December 25th. Following brief discussion, the City Council requested that no work take place on December 24 and December 31, 2010. COMMISSION ITEMS RESOLUTION NO. 2010-26. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE STRUCTURE TO A RECREATION ROOM AND TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL ELSEWHERE ON THE LOT AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT, (WITH FUTURE STABLE CONSTRUCTION), ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 796, AT 83 CREST ROAD EAST, (LOT 69-C-3MS), (MAVREDAKIS). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Planning Director Schwartz stated that the applicant is requesting a Conditional Use Permit to convert a 645 square foot, legally constructed stable structure to a recreation room and to set aside an area for a future stable and corral in the side yard area of the lot; and a Variance to exceed the maximum permitted disturbed area with the future stable construction, on a property developed with a single family residence and accessory structures at 83 Crest Road East. She stated that the Planning Commission unanimously adopted the Resolution with Commissioner Chelf recusing himself from deliberating and voting in this case due to proximity of his property to subject site. Following brief discussion, Councilmember Hill moved that the City Council receive and file Planning Commission Resolution No. 2010-26. Councilmember Black seconded the motion, which carried without objection. RESOLUTION NO. 2010-27. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN AN "AS BUILT" GUEST HOUSE AND VARIANCES TO RETAIN THE GUEST HOUSE AND A SOLID ROOF DETACHED PORCH IN THE FRONT YARD AREA OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE NO. 794, AT 2960 PALOS VERDES DRIVE NORTH, (LOT 1-B-RH), (STARINIERI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Planning Director Schwartz stated that the applicant is requesting a Conditional Use Permit to retain an "as built" 405 square foot guest house, which was converted from a stable structure and; Variances to retain the guest house and a detached covered patio in the front yard area and to set aside an area for a future stable and corral in the front yard area of the lot, on a property developed with a single family residence at 2960 Palos Verdes Drive North. She stated that the Planning Commission unanimously adopted the Resolution granting the request with the condition that all zoning and building codes for the "as built" guest house and the covered porch be complied with and building permits be obtained for those structures Following brief discussion, Councilmember Hill moved that the City Council receive and file Planning Commission Resolution No. 2010-27. Councilmember Black seconded the motion, which carried without objection. RESOLUTION NO. 2010-28 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS FINDING THAT CONVEYANCE OF A PORTION OF PROPERTY LOCATED ALONG POPPY TRAIL, SOUTH OF SADDLEBACK ROAD AND HAVING A.P.N 7567-001-901 CONFORMS TO THE ROLLING HILLS GENERAL PLAN AND THE ROLLING HILLS MUNICIPAL CODE. City Manager Dahlerbruch stated that before the City Council is a Resolution from the Planning Commission finding that the conveyance of a portion of City owned land to CJPIA is consistent with the General Plan and the Zoning Ordinance. He stated that the Planning Commission unanimously approved the Resolution and that this conveyance is a component of the Settlement Agreement that resulted from the various legal actions that were initiated among and between parties that were impacted by the landslide along Poppy Trail. Minutes City Council Meeting 11/22/10 -2- 1 1 Following brief discussion, Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2010-28. Councilmember Hill seconded the motion, which carried without objection. PUBLIC HEARINGS None. OLD BUSINESS None, NEW BUSINESS CONSIDERATION OF ORDINANCE NO. 321 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING SECTION 10.64.050 PERTAINING TO THROWING SUBSTANCES AT VEHICLES; ADDING SECTIONS 10.64.210 AND 10.64.220 PERTAINING TO DRIVING OFFENSES AND EVIDENCE OF FINANCIAL RESPONSIBILITY; REPEALING SECTION 10.76.030 AND AMENDING SECTION 10.76.040 PERTAINING TO ARRESTS; REPEALING SECTION 10.84.010 PERTAINING TO FELONIES; AMENDING SECTION 10.84.030 PERTAINING TO INFRACTIONS; AND ADDING SECTION 1.08.015 PERTAINING TO GENERAL PENALTIES OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Dahlerbruch stated that in September 2009, at the recommendation of the Sheriff's Department, the City Council approved a bail/frle schedule for using a wireless telephone or device that is not "hands-free" while driving. He stated that while the Municipal Code Sections were citied in the Resolution, an Ordinance was never presented to the City Council and approved, establishing the violations within the Municipal Code. He further stated that the Los Angeles County Court, Bail Committee, called this oversight to staff's attention and at the time, they also brought to staff's attention that select traffic violations in Title 10 (Vehicles and Traffic) of the City's Municipal Code were inappropriately designated as a felony. He stated that in subsequent consultation with the City Attorney, staff confirmed that municipalities do not have the authority to cite for a felony; the City may only cite for a misdemeanor. He stated that the proposed Ordinance codifies the Bail/Fine Schedule Resolution previously approved by the City Council to make using a wireless telephone or device when driving that is not "hands-free" a violation of the Municipal Code and removes all references to "felony" in Title 10. Following brief discussion, Councilmember Heinsheimer moved that the City Council introduce Ordinance No. 321 for first reading, waive full reading and schedule the second reading of the Ordinance. Councilmember Black seconded the motion, which carried without objection. CONSIDERATION OF AN AGREEMENT WITH MULLIGAN ,LANDSCAPE SERVICES, INC. FOR LANDSCAPING MAINTENANCE OF THE CITY HALL CAMPUS AREA INCLUSIVE OF THE TENNIS COURT AND MAIN GATE AREAS. City Manager Dahlerbruch stated that as a result of the expiration of the City's agreement with Mulligan Landscape Services, Inc., staff initiated a Request for Proposal for landscaping maintenance of the City Hall campus area including the tennis courts and main. gate areas. He stated that specifications for landscape maintenance were prepared by City staff and reviewed by both the City's volunteer landscape designer and the Chairperson of the Women's Community Club Beautification Committee. He stated that five companies responded to the RFP and that staff is recommending a three-year agreement with Mulligan Landscape Services, Inc at their proposed monthly rate of $588.00, beginning January 1, 2011. He further stated that the agreement maintains the same rate for the term of three (3) years and that by mutual agreement of the parties, the agreement may be extended for an additional two (2) years (5 years in total). He stated that the agreement also provides that the City may terminate the agreement at any time, with or without cause. Following brief discussion, Councilmember Heinsheimer moved that the City Council approve the agreement with Mulligan Landscape Services, Inc for landscaping maintenance of the City Hall campus area inclusive of the tennis court and main gate areas and authorize the City Manager to sign said agreement. Councilmember Black seconded the motion, which carried without objection. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Sam Pena, Municipal Cities Liaison, Allied Waste addressed the City Council stating that the October Minutes City Council Meeting 11/22/10 -3 - green waste pickups went very well and Allied collected a lot of greenwaste. He mentioned that some residents left out bulky items and those items were picked up as well. He also mentioned that since the Christmas and New Year holidays fall on Saturday this year, there will be no change in service over the holidays. MATTERS FROM MEMBERS OF THE CITY COUNCIL UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Councilmember Hill provided an update on the discussions that occurred at the Palos Verdes Regional Law Enforcement Committee meeting held on Thursday, November 18, 2010. He stated that overall, crime is down and ambulance service is excellent. He noted that the Sheriff's Dept. provided a demonstration of their drug -sniffing dog. No action was taken. MATTERS FROM STAFF City Manager Dahlerbruch stated that the AB 1234 Ethics Training is scheduled for Monday, January 24, 2011 from 5:30-7:30 p.m. and that as has been done in the past, Councilmembers and Planning Commissioners from the neighboring Cities will be invited to attend. He also stated that staff will be responding to the invitation from Rolling Hills Estates to participate in their Holiday Parade that the following Councilmembers will attend: Councilmember Frank Hill and his wife Maureen; Councilmember James Black and his family; and Councilmember Thomas Heinsheimer and his grandsons. 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) Norman La Caze, Individual, Plaintiff, vs City of Rolling Hills and California Joint Powers Insurance Authority, Los Angeles County Superior Court, Case No. BS 129255. The City Council recessed into closed session at 8:13 p.m. City Attorney Jenkins reported that the City Council recessed into closed session to discuss the La Caze case as listed on the closed session agenda and that the City Council was advised that the case appears to be settled. No reportable action was taken. The meeting was back in open session at 8:22 p.m. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:23 p.m. to a regular meeting of the City Council scheduled to be held on Monday, December 13, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Godfrey Pernell, AS. Mayor Minutes City Council Meeting 11/22/10 Respectfully submitted, Heidi Luce y Deputy City Clerk ME 1