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3/22/19931 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 22, 1993 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Swanson at 7:35 p.m. on Monday, March 22, 1993 in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Leeuwenburgh, Pernell, Mayor Pro Tem Murdock and Mayor Swanson. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Michael Jenkins,. City Attorney. Lola Ungar, Principal Planner. Marilyn Kern, Deputy City Clerk. Lt. Peavy, Los Angeles County Sheriff's Department, Lomita Station. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Council member may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Meeting of March 15, 1993. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of February. RECOMMENDATION: Approve as presented. d. Correspondence from the Los Angeles County adoption of Ordinance No. 93-0022, relating containers and marker pens. 1993. Board of Supervisors regarding the to the sale of aerosol spray paint RECOMMENDATION: Receive and file. e. Correspondence from the City of Lomita regarding CDBG allocation. RECOMMENDATION: Receive and file. Councilmember Leeuwenburgh moved approval of the recommendations contained in the Consent Calendar. Mayor Pro Tem Murdock seconded the motion which carried 5-0-0. PLANNING COMMISSION ITEMS A. Mr. and Mrs. Moon Kim, 73 Crest Road East (Lot 69 -E -2 -MS) RESOLUTION NO. 93-13: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR CONDITIONAL USE PERMIT APPROVAL TO CONSTRUCT A DETACHED GARAGE AFTER A REHEARING BY THE COMMISSION IN ZONING CASE NO. 474A. City Manager Nealis presented the staff report outlining the background regarding the subject Zoning Case. Hearing no objection, Mayor Swanson ordered that Resolution No. 93-13 be received and filed: A Resolution of the Planning Commission of the City of Rolling Hills denying a request for Conditional Use Permit approval to construct a detached garage after a rehearing by the Commission in Zoning Case No. 474A. Minutes City Council Meeting 3-22-93 -1- TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS A. ORDINANCE NO. 239: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING THE 1993 ZONING ORDINANCE AS AMENDED. City Manager Nealis presented the staff report outlining the background regarding Ordinance No. 239. He reported that this document is currently being reviewed by staff relative to certain areas of it being in conflict with the Community Association's CC&R's and Building Regulations. In response to Mayor Swanson's question regarding the proposed change to Section 17.46.020.A (e) (Site Plan Review), City Manager Nealis reported that under the new Zoning Site Plan Provision, more projects would come under the purview of the Planning Commission for discretionary hearing rather than less. Mayor Swanson then opened the public hearing and called for public testimony. • Mr. Don Cotton, Cotton/Beland & Associates, the City's consultant for updating the City's Zoning Ordinance, explained that this draft has been reviewed by the Planning Commission and that their concerns have been addressed. He further reported that the final Ordinance would reflect any further changes of the City Council. He explained that this document is more user friendly. Discussion then ensued regarding the requirement that an application for Site Plan Review be required when a building or structure is increased by more than 25%. Councilmember Pernell expressed that some consideration should be given to smaller homes. City Councilmembers concurred that an amendment should be made to this component of the Zoning Ordinance. City Manager Nealis suggested that staff review past cases and determine an average to use as a standard square footage or percentage to trigger Site Plan Review. Councilmember Heinsheimer also requested that staff report to the Council at the next meeting the status of items that were in conflict with the Association's CC&R's and Building Regulations. Discussion then centered around Section 17.16.010 RA -S Zones. Councilmember Pernell suggested that language be added to this section that recognizes the City's sensitivity to the environment. Councilmembers discussed the other provisions in the draft Zoning Ordinance that relate to landscaping. It was determined that a sentence that states the intent in developing any property in this zone is to be sensitive to the environment and preserve the natural character of the property should be added. Mayor Swanson then called for further public testimony. Hearing none and hearing no objection, Mayor Swanson ordered that this Public Hearing be continued to the Regular City Council meeting to be held on Monday, April 12, 1993. B. ORDINANCE NO. 240: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING WATER EFFICIENT LANDSCAPING REQUIREMENTS IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTION 65594, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report outlining the background on this Ordinance. He reported that this Ordinance was still being reviewed by the Planning Commission and recommended that this item be continued to the City Council meeting scheduled for May 10, 1993. Mayor Swanson opened the Public Hearing and called for public testimony. Hearing none and hearing no objection, Mayor Swanson ordered that this Public Hearing be continued to the Regular City Council meeting to be held on Monday, May 10, 1993. Minutes City Council Meeting 3-22-93 -2- C. ORDINANCE NO. 241: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING A STORM WATER RUNOFF CONTROL ORDINANCE FOR THE REDUCTION OF RUNOFF AND POLLUTANTS LEAVING A PROPERTY OR PROPERTIES IN ACCORDANCE WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION..: SYSTEM (NPDES) PERMIT NO. CA0061654- CI6948 ISSUED BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION (CRWQCB), AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report outlining the background on this Ordinance. He reported that this Ordinance is still being reviewed by the Planning Commission and recommended that this item be continued to the City Council meeting scheduled for May 10, 1993. Mayor Swanson then opened the Public Hearing and called for public testimony. Hearing none and hearing no objection, Mayor Swanson ordered that this Public Hearing be continued to the Regular City Council meeting to be held on Monday, May 10, 1993. D. ORDINANCE NO. 242: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Councilmember Heinsheimer expressed concern regarding this Ordinance and how it could be interpreted in the future. After discussion, it was suggested that staff further research the language in this Ordinance to somehow express the City's concern for trip reduction and travel demand measures while not encouraging non-residential development in the City. City Attorney Jenkins explained that this Ordinance would be uncodified in the Municipal Code. Council then discussed the deadline by which this Ordinance must be adopted and the penalty for the City not adopting this Ordinance. It was suggested that staff further research this ordinance and report back to the City Council. Mayor Swanson opened the Public Hearing, called for public testimony and following discussion, ordered that this Public Hearing be continued to the Regular City Council meeting to be held on Monday, April 12, 1993. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME • Dr. Ronald Sommer, 2 Poppy Trail, spoke on behalf of Dr. Bernard Weiss, 11 Buggy Whip Drive and himself. The doctors expressed concern for individuals picketing on Palos Verdes Drive North and on Portuguese Bend Road in the vicinity of the Main Gate. OLD BUSINESS A. CONSIDERATION OF REPORT FROM THE CITY COUNCIL LANDSCAPE SUBCOMMITTEE RELATIVE TO PROPOSED CHANGES TO THE HARDSCAPE/LANDSCAPE PLAN. City Manager Nealis presented the staff report outlining the background on this item. Councilmember Leeuwenburgh then presented to the Council the Committee's proposed changes to the hardscape and landscape plans. Councilmembers then discussed the proposal and concurred that eliminating and down sizing certain items on the plans would accomplish the monetary savings desired while maintaining the aesthetics of the project. Rolling Hills Community Association Board Member James Roberts voice support for saving money on this project. With the City Council's concurrence, Mayor Swanson directed the Landscape Subcommittee (Murdock/Leeuwenburgh) to meet with the Community Association's Subcommittee to finalize the proposed changes in the Landscape/Hardscape plans, make the necessary changes and report the final decisions to the Council. Staff was directed to coordinate the changes with the Project Manager and the Contractor. Minutes City Council Meeting 3-22-93 -3- NEW BUSINESS A. CONSIDERATION OF SOIL.. IMPORT/EXPORT SCHEDULE. OF FEES APPROVED BY THE ROLLING HILLS COMMUNITY ASSOCIATION BOARD OF DIRECTORS. City Manager Nealis presented the staff report. He requested that this item. be continued to the next regularly scheduled meeting 'pending receipt of written assurances from the Community Association relative to their taking responsibility for possible slide damage caused by importation of soil for road repair and other questions the City had relative to these requirements. . Following discussion and hearing no objection, Mayor Swanson ordered that this.item be continued to the next Regular City Council meeting to be held 6h Monday; April 12, 1993.. :. B. RESOLUTION NO. 701: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING THE LOCAL PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. City Manager Nealis presented the staff report. After discussion, Councilmember Heinsheimer moved that the City Council waive further reading and adopt Resolution No. 701. Councilmember Pernell seconded the motion which carried 5-0-0. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pro Tem Murdock reported on inquiries that she has received from residents requesting that the Sheriffs Department make a presentation regarding preparations for civil unrest. Staff was directed to discuss this with Captain Mangan. • Mayor Swanson reported on the Sanitation District meeting. • Mayor Swanson reported that she, Councilmember Leeuwenburgh and City Manager Nealis attended a memorial dedication for former Rolling Hills Estates Mayor and Councilmember Jerome Belsky. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION At 9:30 p.m., Mayor Swanson recessed the meeting to a Closed Session to discuss pending lease negotiations. The meeting reconvened at 10:03 p.m. and no action was taken regarding the closed session. ADJOURNMENT Hearing no further business, the meeting was adjourned at 10:04 p.m. to the next regularly scheduled meeting which will be held on Monday, April 12, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. rCA A,,, m i. iq livi Marilyn L. kern, Deputy, City Clerk proved, G rdana Swanson ayor M' mutes City Council Meeting 3-22-93 -4- 1 1 regarding the Driveway Requirements Section. Staff responded that this requirement was recommended by the Fire Department. Mayor Swanson suggested that staff investigate this with the Fire Department and report back to Council. Councilmember Heinsheimer moved that Ordinance No. 239 be introduced with the incorporation of amendments recommended by staff. Staff was directed to return this Ordinance for Council consideration with further information regarding the wording in Section 17.46.020 (A) (3) (Page 67) (Applicability Site Plan Review) relative to the size of building or structure which would require a Site Plan Review. Staff was also directed to return with information regarding Section 17.16.160 (A) (3) (Page 26) (Driveway Requirements) relative to short driveways. Councilmember Pernell seconded the motion which carried 4-0-1. At this time, Mayor Swanson introduced the new Assistant Fire Chief Hershel Clady. Assistant Chief Clady reported on his background and answered questions from Council. B. ORDINANCE NO. 242: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Mayor Swanson opened the Continued Public Hearing and called for testimony. Hearing none and hearing no objection, Mayor Swanson continued this Public Hearing to May 10, 1993. OLD BUSINESS A. CONSIDERATION OF AWARD OF BID FOR PROCUREMENT OF PLANNING DEPARTMENT COMPUTER EQUIPMENT. City Manager Nealis presented the staff report. Councilmember Pernell expressed his concern that only one bid was submitted. The City's consultant on this project reported that certain language was inserted into the RFP to make certain that bidders were qualified as vendors of Apple equipment as well as having certified technicians. Based on his knowledge in the field, he indicated that Sun's qualifications and prices were well within the fair market. Hearing no objection, Mayor Swanson ordered that this item be continued to the next regularly scheduled City Council meeting. Staff was directed to return with information regarding why other vendors chose not to submit a bid and for how long would Sun Computers hold the prices quoted in their bid. Staff was also directed to investigate with Sun Computers the possibility of the City's computer equipment being stored and programmed by the City's consultant at their facility until such time as the City could receive it. B. CONSIDERATION OF SOIL IMPORT/EXPORT SCHEDULE OF FEES APPROVED BY THE ROLLING HILLS COMMUNITY ASSOCIATION BOARD OF DIRECTORS. City Manager Nealis presented the staff report. Hearing no objection, Mayor Swanson ordered that this item be continued to the next regularly scheduled meeting. NEW BUSINESS A. RESOLUTION NO. 702. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THE LEASE AGREEMENT BETWEEN THE CITY AND THE ROLLING HILLS COMMUNITY ASSOCIATION. City Manager Nealis presented the staff report. Mayor Swanson called upon the Subcommittee to report on the Lease Agreement. Councilmember Heinsheimer reported that the Subcommittee Minutes City Council Meeting 4-12-93 -3- has been working diligently over the past several months to negotiate this lease and that the Community Association has agreed to the provisions in this lease. Mayor Swanson thanked the members of the Subcommittee for their efforts in negotiating this lease and expressed her concern regarding the exclusion of the CPI. She stated that a fixed lease for ten years without a CPI may create a problem down the line. She indicated that she is in favor of this lease and feels .that it is fair to the Association as well as the City, however, she is opposed to not having the CPI included. Councilmember Pernell responded in favor of the lease as submitted. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 702 approving the Lease Agreement between the City and the Rolling Hills Community Association and authorize the Mayor to execute the document. Councilmember Pernell seconded the motion which carried 4-0-1. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF • City Manager Nealis announced that BFI has suggested May 15, and 22, 1993 for the "Spring Clean-up." The City Council concurred with these dates and directed staff to proceed. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION At 8:50 p.m., Mayor Swanson recessed the meeting to a Closed Session to discuss pending litigation. The meeting reconvened at 9:05 p.m. and no action was taken regarding the closed session. ADJOURNMENT Hearing no further business, the meeting was adjourned at 9:06 p.m. to the next regularly scheduled meeting which will be held on Monday, April 26, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills; California. APPROVED, ANA SWANSON, MAYOR Minutes City Council Meeting 4-12-93 MARILYN LL KERN, DEPUTY CITY CLERK -4- 1 �I 1