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5/10/1993MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 10, 1993 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:31 P.M. on Monday, May 10, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Pernell (arrived at 7:42 P.M.), Swanson, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Larry Courtright, City Treasurer. Lola Ungar, Principal Planner. Marilyn Kern, Deputy City Clerk. Captain William Mangan, 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 Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Meeting of April 26, 1993. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from Chief P. Michael Freeman, County of Los Angeles Fire Department, regarding submission of the Consolidated Fire Protection District Replacement Fire Suppression Benefit Assessment Board Package. RECOMMENDATION: Receive and file. d. Correspondence from Assemblywoman Betty Karnette regarding a workers' compensation reform bill passed in the Assembly. RECOMMENDATION: Receive and file/provide direction. e. Correspondence to the State Assembly Local Government Committee from the City of Rolling Hills Estates opposing AB 1678. RECOMMENDATION: Receive and file/provide direction. Councilmember Swanson moved approval of the receive and file recommendations contained in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried 4-0-1. PLANNING COMMISSION ITEMS A. MR. AND MRS. HARLAN BITTNER, 1 BOWIE ROAD (LOT 15 -CRA) RESOLUTION 93-17: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT PORTIONS OF A RESIDENTIAL STRUCTURE TO ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO PERMIT PORTIONS OF A RESIDENTIAL STRUCTURE TO ENCROACH INTO THE REAR YARD SETBACK, AND APPROVING SITE PLAN REVIEW FOR CONSTRUCTION OF SUBSTANTIAL ADDITIONS IN ZONING CASE NO. 490. Principal Planner Ungar presented the staff report. Councilmember Swanson expressed her concerns about the proposed improvements. She indicated that she would like the City Council Minutes City Council Meeting 5-10-93 _1_ to take jurisdiction of this case to allow them to review the proposed future stable and corral. Councilmember Swanson moved that Council take jurisdiction of this case. Mayor Pro Tem Leeuwenburgh seconded the motion which carried 4-0-1. Mayor Murdock noted that Councilmember Pernell had not arrived and that she would like to wait until his arrival to consider the Traffic Commission item. Hearing no objection, Mayor Murdock called for item 6-A, Ordinance No. 239. PUBLIC HEARINGS -CONTINUED 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 on this item. Mayor Murdock then opened the Public Hearing and called for testimony. • Mr. Al Esser, 73 Crest Road, spoke to the Council regarding Site Plan Review requirements as they relate to attached and detached garages. Councilmembers then discussed the Ordinance and Mayor Murdock indicated that staff would take a look at Mr. Esser's concerns. (Mayor Murdock noted Councilmember Pernell's arrival at 7:42 P.M.) Councilmember Swanson moved that the City Council approve the re -introduction of Ordinance No. 239 as amended and waived reading in full. Councilmember Heinsheimer seconded the motion which passed unanimously. Hearing no objection, Mayor Murdock so ordered. TRAFFIC COMMISSION ITEMS A. ORDINANCE NO. 243. AN ORDINANCE OF THE CITY OF ROLLING HILLS PROHIBITING THE USE OF SKATEBOARDS AND SIMILAR SELF- PROPELLED DEVICES ON HIGHWAYS, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Mayor Murdock briefed those present on proposed Ordinance No. 243 and asked if anyone present wished to speak. • Dr. Ralph Black, 36 Saddleback Road, stated his objections to Ordinance No. 243, and felt it would not deter anyone from skateboarding. He suggested that if skateboarding must be prohibited that perhaps the prohibition it could be limited main thoroughfares'in the City. • Beth King, 9 Wideloop, stated her objections to this Ordinance and expressed her opinion that parental responsibility can not be legislated. • David McKinnie, 3 El Concho Lane, stated his objections to this Ordinance referring to his letter to the Council dated April 18, 1993. • John Resich, 23 Eastfield, stated his objections to this Ordinance and suggested that perhaps only dangerous types of skateboarding should be prohibited. • Gladys Black, 36 Saddleback Road, stated her objections to this Ordinance. • Al Esser, 73 Crest Road, spoke to 'the Council regarding the proposed Ordinance stating that he used to take his children to off street locations, to safely skateboard. Mayor Murdock called for Council's comments on the Ordinance. Discussion then ensued regarding the Traffic Commission's good intention in proposing this Ordinance and their concern for local safety. Councilmember Swanson suggested that the City educate rather than be punitive in this matter. Minutes City Council Meeting 5-10-93 -2- 1 1 1 Mayor Pro Tem Leeuwenburgh reported that the Traffic Commission did not have the benefit of all research material requested by the Council when considering this Ordinance and that their major concern was safety on Rolling Hills Roads and protecting the liability of residents, the Rolling Hills Community Association and the City. Mayor Pro Tem Leeuwenburgh further cited other activities and programs provided for youths in the City. Discussion then ensued regarding the use of helmets and other safety measures which could be implemented by skateboarders. Councilmember Pernell called upon Captain Mangan to address the Council regarding this Ordinance. Captain Magnan reported that Sheriffs Deputies will respond to a request from a citizen who perceives that unsafe activity is taking place whether an Ordinance is in place or not. However, he stated that it is helpful in most extreme situations to have some sort of authority to achieve cooperation. Councilmembers then discussed various aspects of this Ordinance and the various suggestions as to alternatives to the Ordinance. It was suggested that an educational program with a focus on safety be initiated. Further discussion ensued regarding enforcement of this Ordinance and liability. Discussion then ensued regarding whether the Council should take action to reject this Ordinance, table it, or have it continued for further research. After discussion, Councilmember Heinsheimer moved that the City Council reject Ordinance No. 243 and focus on an educational program on safety for dissemination into the Community. Councilmember Pernell seconded the motion. Hearing only one objection by Mayor Pro Tem Leeuwenburgh, Mayor Murdock so ordered. PUBLIC HEARINGS -CONTINUED 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 and the Council discussed the proposed amendments to Ordinance No. 240. Councilmember Swanson moved that the City Council introduce Ordinance No. 240 as amended and waived further reading in full. Councilmember Leeuwenburgh seconded the motion. Hearing one abstention by Councilmember Heinsheimer, Mayor Murdock so ordered. 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 requested that this item be continued. He stated that this item was still being reviewed by the Planning Commission. Hearing no objection, Mayor Murdock ordered that this Public Hearing be continued to the next regularly scheduled meeting to be held on Monday, May 24, 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. Principal Planner Ungar presented the staff report. Councilmember Pernell moved that the City Council approve introduction of Ordinance No. 242 Minutes City Council Meeting 5-10-93 -3- and waived further reading in full. Councilmember Swanson seconded the motion. Hearing no objection, Mayor Murdock so ordered. OLD BUSINESS A. CONSIDERATION OF SOIL IMPORT/EXPORT SCHEDULE OF FEES APPROVED BY THE ROLLING HILLS COMMUNITY ASSOCIATION BOARD OF DIRECTORS. Hearing no objection, Mayor Murdock ordered that this item be removed from the agenda at the request of staff until such time as the County provides input on this matter. NEW BUSINESS A. CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Murdock requested that Councilmembers evaluate the present assignments as listed on the Rolling Hills City Council Committee Assignments sheet attached to the staff report. She further requested that Councilmembers prioritize the assignments indicating each Councilmember's wishes. B. CONSIDERATION OF REQUEST FROM MR. AND MRS. JULIAN TIELENS FOR WAIVER OF REFUSE COLLECTION AND/OR PENALTY FEES FROM THE 1987 AND 1988 TAX BILL. City Manager Nealis presented the staff report. Council then discussed refuse collection fee and policies. After discussion, Councilmember Swanson moved that the City Council deny the waiver of refuse collection and/or penalty fees requested by Mr. and Mrs. Julian Tielens from their 1987 and 1988 tax bill. Councilmember Pernell seconded the motion which carried unanimously. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pro Tem Leeuwenburgh reported on her attendance at the Los Angeles County West Mosquito Abatement District Annual Open House and Field Trip held Saturday, May 8, 1993. • Councilmember Pernell reported on his attendance at a special luncheon sponsored by Supervisor Deane Dana. He reported that the main topic for this luncheon was the State budget crisis. MATTERS FROM STAFF • City Manager Nealis reported on the latest word from the League of California Cities on the Governor's proposed budget. He also reported on the Community Association Board's objection to the RWR Pascoe contract to provide the lighting plan specifications for the hardscape improvements. He reported that he contacted RWR Pascoe who were willing to eliminate the mileage reimbursement clause from their proposal which was of concern to the Association. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION None. Minutes City Council Meeting 5-10-93 10 1 1 ADJOURNMENT Hearing no further business, Mayor Murdock adjourned the meeting at 9:07 P.M. to the next regularly scheduled meeting which will be held on Monday, May ,- 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Jody d � Mayor Minutes City Council Meeting 5-10-93 -5- Marilyn Kern Deputy City Clerk