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2/25/2013MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, FEBRUARY 25, 2013 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Hill at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill. Councilmembers Absent: Mayor Black (excused). Others Present: Anton Dahlerbruch, City Manager. Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney.. Heidi Luce, Deputy City Clerk. Captain Blaine Bolin, Lomita Sheriff's Station. Bea Dieringer, 7 Buggy Whip Drive. 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 - (1) Adjourned Regular Meeting (Field Trip) of January 28, 2013; and (2) Regular Meeting of January 28, 2013. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of January, 2013. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for January, 2013. RECOMMENDATION: Receive and file. E. CONSIDERATION OF RESOLUTION NO. 1138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS COMPLYING WITH THE WRIT OF MANDATE ISSED BY THE SUPERIOR COURT IN THE CASE ENTITLED HALL V. CITY OF ROLLING HILLS, LOS ANGELES COUNTY SUPERIOR COURT CASE NO. BS 136694 SETTING ASIDE A PORTION OF CITY COUNCIL RESOLUTION NO. 1118 PERTAINING TO REMEDIAL ACTION TO PRESERVE VIEWS ON PROPERTY LOCATED AT 48 SADDLEBACK ROAD RECOMMENDATION: Adopt as presented. CONSENT ITEMS FROM THE TRAFFIC COMMISSION F. CONSIDERATION OF A 'PROPOSED DRIVEWAY APRON FOR 3 APPALOOSA LANE (FOZOONMEHR) RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar as presented. Councilmember Lay seconded the motion. Mayor Pro Tem Hill asked if there are any comments from the public on the Consent Calendar items. Hearing no comments and with no objection from the City Council, the motion carried. Mayor Pro Tem Hill stated that Captain Bolin from the Lomita Sheriff's Station is present this evening to provide an update from the Sheriff's Dept. and asked City Manager Dahlerbruch for introductory comments. City Manager Dahlerbruch distributed a press release that will be distributed on Tuesday Minutes City Council Meeting 02/25/13 -1- concerning the conviction of Mike Hovland related to the ID thefts that occurred and introduced Captain Bolin to provide further details. Captain Blaine Bolin, Los Angeles County Sheriff Dept. Lomita Station addressed the City Council stating that after two recent arrests for theft and shoplifting, Mike Hovland was arrested by Redondo Beach Police on January 7`h for identity theft and narcotics charges and has been in custody ever since. On February 21, Hovland pleaded no contest to grand theft, burglary, identity theft and narcotics charges and he will be sentenced on March 6t'. For the purpose of the sentencing the no contest plea will be treated as a guilty plea. He thanked the residents and City Council for their support during this process. Captain Bolin further reported that there was a drop in thefts reported during the last quarter of 2012. Bea Dieringer, City Council Candidate, 7 Buggy Whip Drive addressed the City Council stating that as a part of the plea agreement, Mike Hovland was issued an order to stay away from the City of Rolling Hills and five residents have indicated that they want a personal restraining order to prevent Hovland from contacting them personally. In response to Councilmember Pernell, Captain Bolin reviewed the new personnel in command at the Sheriff's Dept. stating that James Hellmold is the new Assistant Sheriff and Mike Rothans is the new Commander overseeing the Lomita Station and four other stations in the region. COMMISSION ITEMS RESOLUTION NO. 2013-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pro Tem Hill introduced the item and asked for staff's comments. Planning Director Schwartz stated that in Zoning Case No. 833 at 9 Middleridge Lane South, the applicant is requesting a Conditional Use Permit for a 558 sq. ft. cabana; a 1,350 sq. ft. sports court; and a 405 sq. ft. subterranean wine cellar. She reviewed the applicant's request indicating where the proposed structures will be located on the property. She stated that the Planning Commission approved the applicant's request on a 3-0 vote with conditions as required by the Zoning Ordinance including that the sports court be screened on all four sides. Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2013-03 granting approval of the applicant's request in Zoning Case No. 833 at 9 Middleridge Lane South. Councilmember Lay seconded the motion which carried without objection. PUBLIC HEARINGS AN APPEAL OF A DECISION OF THE PLANNING COMMISSION IN ZONING CASE NO. 747 MODIFICATION FILED BY MR. TERRY REITER, TO CONSTRUCT 300 SQUARE FOOT ADDITION TO THE PREVIOUSLY APPROVED 2,000 SQUARE FOOT GARAGE AT 6 SADDLEBACK ROAD, ROLLING HILLS. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE CALIFRONIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pro Tem Hill introduced the item and asked for staff's comments. City Manager Dahlerbruch briefly reviewed the previous discussions related to this case and stated that since the last meeting, Councilmember Lay has visited the site. He further noted that at the last meeting the City Council requested that the applicant properly stake the site and submit new plans to depict what is being requested and neither have been done. He stated that the applicant has since requested that the application for appeal be continued to April and letter with that request has been placed on the dais. Following brief discussion, Councilmember Heinsheimer moved that consideration of this item be continued to the April 22, 2013 meeting of the City Council. Councilmember Lay seconded the motion which carried without objection. The public hearing was continued. Minutes City Council Meeting 02/25/13 -2- OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING (ORAL). Councilmember Pernell commented that the Lomita Sheriff's Station will be getting a new Mobile Command Unit with delivery estimated in May; and that the CORE Deputies presented details about the School Safety Plan which includes a plan for each of the 57 schools in the area. He further commented that McCormick Ambulance provides excellent service in the area with most calls being handled in less than nine minutes; and in response to two longer than usual. response times in Rolling Hills, a new outpost has been established at Golden Cove to maintain the targeted response times. Mayor Pro Tem Hill commented that Councilmember Pernell was recognized at the meeting with a plaque for his long-term service to the committee. He further noted that the meeting was adjourned in memory of Brandon Hinkle who was killed in the line of duty twelve years ago to the day. MATTERS FROM STAFF WILLDAN ANNUAL UPDATE (ORAL). Planning Director Schwartz reported that since their contract began in 2008, Willdan has provided building and safety services on 15 development projects — six of which are completed and have received final inspection and nine of which are currently in progress. She further commented that the applicants appear to be pleased with Willdan's service. Deputy City Clerk Luce reviewed the upcoming dates and actions related to the City's election scheduled for March 5, 2013. She noted that the processing of the vote by mail ballots will begin on Tuesday, February 26th with signature verification and beginning at 6pm on February 28th those envelopes will be opened and the ballots will be prepared for counting which will take place on election night after the polls close. 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) Christine Greenberg, an individual, v. City of Rolling Hills, City Council of the City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BS140256. The City Council recessed into closed session at 7:56 p.m. to discuss the matter listed above on the closed session agenda. Following the closed session City Attorney Jenkins reported in open session that there was no public comment on the closed session agenda, legal counsel was provided direction and no reportable action was taken. Minutes City Council Meeting 02/25/13 -3- ADJOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Hill adjourned the meeting at 8:40 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, March 11, 2013 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, �_� / Heide r&e Deputy City Clerk Approved, i James Black, M.D. Mayor �/ "PA AlIfS �kA I � Minutes City Council Meeting 02/25/13 -4- 1