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7/26/1993MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HffL]LS, CALIFORNIA JULY 26, 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 7:35 p.m. on Monday, July 26, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. 0 ROLL LIL CALIL Councilmembers Present: Heinsheimer, Pernell, Swanson, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Larry Courtright, City 'Treasurer. Iola Ungar, Principal Planner. Marilyn Kern, Deputy City Clerk. Captain William Mangan, Los Angeles County Sheriff's Department - Lomita Station. Don Jensen, California Water Service Company. 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 June 28, 1993. RECOMMENDATION: Approve as presented. b. Payment of Bills. RIECOMMIEN DATffO : Approve as presented. C. Financial Statement for the month of June, 1993. RECOMMENDATION: Approve as presented.. d. Notice of Completion for Grading Component of the Hardscape Project. R EC®MMIENIIDATMN: Approve as presented. e. Correspondence from Mayor Ernie Dell of the City of Long Beach urging the City Council's support for continued production of the USAF/McDonnell Douglas C-17 Globemaster III Airlifter. RECOMMENDATION: Receive and file. f. Report regarding Planning Department Computerization Project Product Development 'Team. RECOMMENDATION: Receive and file. g. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. h. California Water Service Company's Advice Letter No. 1305 which has been filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. Councilmember Pernell moved approval of the recommendations contained in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. Hearing no objections, Mayor Murdock so ordered. Minutes City Council Meeting 7/26/93 -1- PLANNING COMMISSION ITEMS A. ZONING CASE NO. 499 MR. AND MRS. DONALD A. KAZARIAN, 10 SOUTHFIELD DRIVE (LOT 36 - SF) RESOLUTION NO. 93-23: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 499. Principal Planner Ungar presented the staff report outlining the Planning Commission action regarding Zoning Case No. 499. Mayor Murdock called for discussion. Councilmember Swanson questioned staff regarding the height of the retaining wall. Staff responded that this was less than 5 feet. Councilmembers discussed the Association regulations that relate to retaining walls. Hearing no objection, Mayor Murdock ordered that the City Council receive and file Resolution No. 93-23 of the Planning Commission granting site plan review approval for substantial additions to an existing single family residence in Zoning Case No. 499. After discussion, Councilmember Leeuwenburgh expressed her concern that plans were not included in Councilmember's packets. City Manager Nealis reported that this was an oversight and would be corrected in the future. TRAFFIC COMMISSION ITEMS A. CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION FOR REQUEST FOR PROPOSALS FOR FY 93-94 CITYWIDE STREET STRIPING PROGRAM. City Manger Nealis presented the staff report, reviewed various sections of the document and outlined that the only differences from the FY 91-92 Request for Proposal are the additions of the replacement and relocation of the blue reflective markers used to designate the placement of fire hydrants closer to the center of the travel lane to protect them from vehicles and a requirement that the areas being striped must first be cleaned of debris. Mayor Murdock reported that in the past, materials removed during the striping process have been left along the roadway and requested that this be communicated to the contractor awarded the project. Councilmember Heinsheimer indicated that in past projects, a reduction in forfeiture and insurance requirements increased the number of bidders which ultimately reduced the cost and asked if this should be considered for this project. City Manager Nealis reported that this reduction could be incorporated if the Council desires. Councilmember Pernell questioned the increase in the budgeted amount over the FY 91/92 Citywide Street Striping Project to the amount in the FY 93/94 Budget. City Manager Nealis explained that an amount of $30,000 had been budgeted anticipating that the cost for receiving this service will have increased in the past two years. He also indicated that the cost of replacing the blue markers would impact the amount. Councilmember Swanson questioned if this approval granting the striping for this year was an automatic change in policy. City Manager Nealis answered that the document before the Council was an attempt to obtain bids to do the striping and that once bids were received, they would be reviewed by the Traffic Commission for a formal recommendation which has been the procedure in the past. He further explained that the policy is to stripe all roadways every other year and in off years stripe major thoroughfares was implemented two years ago to ensure that roadway striping and marking would be clearly visible during inclement weather. Councilmember Swanson stated that she has no objection to restriping this year and would like to see the item brought before the City Council every year and would not like it to be an automatic process. Minutes City Council Meeting 7/26/93 -2- Mayor Pro Tem and Traffic Commission Chair Leeuwenburgh indicated that the Traffic Commission reviews the street striping and marking every year with the Traffic Engineer and makes a recommendation to the City Council. In response to the higher costs, she indicated that sidelining has been added which has not been done on specific streets before. Councilmember Swanson added that there maybe times when the City Manager might need to use his own discretion to stripe when there is an issue of safety. Councilmember Swanson moved that the City Council approve the recommendation of the Traffic Commission and that staff be authorized to proceed with the request for proposal process. Councilmember Pernell seconded the motion which carried unanimously. i� PUBLIC HEARINGS NONE. OLD BUSINESS A. 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 explained the NPDES Program. Principal Planner Ungar then presented the staff report. Mayor Murdock asked how this storm water control would be communicated to residents. Principal Planner Ungar reported that a Resolution has been drafted which addresses a City-wide Urban Runoff Pollution Education Program and City Manager Nealis added that the requirements for projects under construction will be included in the Resolutions of Approval adopted by the Planning Commission. A discussion ensued regarding a public hearing requirement for this Ordinance and City Attorney Jenkins indicated that a public hearing was not required. Councilmember Pernell questioned staff regarding enforcement of this Ordinance. City Manager Nealis reported that enforcement would be done by the Building Official which consists of the City as well as the County of Los Angeles. City Manager Nealis further stated that adding these requirements to the conditions of approval for new developments would initiate an inspection process by the County. Other complaints would be handled on a case by case basis as received by City Hall. Councilmember Pernell pointed out that on page 5, 5.A of Ordinance No. 241, reference is made to additional penalties which may be imposed by the Community Association and questioned the need for this item. City Manager Nealis reported that this was included since representatives of the Community Association are in the field quite frequently and could report violations. Hearing no objection, Mayor Murdock ordered that on page 5, 5.A of Ordinance No. 241 that the sentence "In addition, violations may be subject to separate and additional penalty provisions of the Rolling Hills Community Association for the improper use of its drainage facilities" be deleted from the document. Mayor Murdock called for a motion to introduce Ordinance No. 241 as amended. Councilmember Pernell moved that the City Council waive further reading and introduce Ordinance No. 241 as amended. Councilmember Swanson seconded the motion which carried unanimously. Minutes City Council Meeting 7/26/93 -3- B. RESOLUTION NO. 710: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING MEASURES TO IMPLEMENT THE CITY'S NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) ORDINANCE NO. 241. City Manager Nealis reported that Resolution No. 710 was prepared to implement the City's NPDES Ordinance No. 241. Councilmember Pernell referred to the annual evaluation outlined in Resolution No. 710 and questioned what sort of administrative burden this would impose. City Manager Nealis reported that this was unknown at this time since no one has yet experienced this procedure. He further indicated that the City is required by the United States Government and the California Regional Water Quality Control Board to adopt Ordinance No. 241 and Resolution No. 710. Discussion ensued regarding the enforcement of this Ordinance and who will be responsible for follow-up and inspections. City Attorney Jenkins reported that this is something that the federal government has told local agencies that they have to control what goes into the ocean and we are doing it by way of contracting with the County as our agent to do this work. Councilmember Heinsheimer pointed out that certain requirements outlined in Ordinance No. 241 are consistent with the desires of the City and the Community Association. Councilmember Pernell moved that the City Council adopt Resolution No. 710 adopting measures to implement the City's NPDES (National Pollutant Discharge Elimination System) Ordinance No. 241. Councilmember Leeuwenburgh seconded the motion which carried unanimously. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME • Dr. W.D. Basque, 49 Eastfield Drive, addressed the Council regarding a view obstruction caused by a pepper tree and other vegetation on property located at 41 Eastfield Drive. He referred to previous actions taken on this matter by the Planning Commission and the City Council and directed the Council's attention to copies of minutes relating to previous City Council and Planning Commission actions regarding this problem. Discussion ensued regarding what procedure should take place to eliminate this view obstruction. Dr. Basque 1 indicated that letters from Principal Planner Ungar were sent to the property owners requesting pruning of the large pepper tree as indicated in an attachment to the resolution of approval outlined by the Planning Commission and the City Council. Mayor Murdock noted that it seems as though Dr. Basque is in the process of working this out and that there would be little the City Council could do at this time. Discussion then ensued regarding the view impairment process and other means by which this view obstruction might be mitigated. After discussion, Mayor Murdock directed staff to continue to work with Dr. Basque and the property owner at 41 Eastfield Drive to resolve this matter and report the results back to the City Council. NEW BUSINESS A. RESOLUTION NO. 709: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FINDING THE CITY TO BE IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING THE CMP CONFORMANCE CHECKLIST. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 709 finding the City to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP conformance checklist. Councilmember Leeuwenburgh seconded the motion which carried unanimously. Hearing no discussion or objection, Mayor Murdock so ordered. B. CONSIDERATION OF DRAFT POLICY ON FACILITY USE PERMITS. City Manager Nealis presented the staff report and informed the Council that the Women's Club has requested that the Council provide direction to their request for use of the courtyard area on October 2, 1993 if the process is not finalized this evening. Councilmember Swanson stated that she is opposed to this policy. She further indicated that the community has been inconvenienced Minutes City Council Meeting 7/26/93 -4- during the construction process and that they are anxious to see what it looks like. Councilmember Swanson further noted a comparison between the policy set forth by the City of Rolling Hills Estates and expressed her concern for the, amount of liability insurance coverage required in the draft permit use regulations. ii. mi- Mayor i Mayor Murdock explained that since this area is public property, there is a need to protect the City and citizens from lawsuits. Discussion then ensued regarding past events held at the City Hall facility. Councilmember Leeuwenburgh indicated that she feels that the $500,000 liability insurance coverage is too low mentioning that other events held at private homes are required to have, a $1,000,000 liability insurance policy naming the City and the Community Association as additional insured. She cited that since being public property, all residents would be liable should an accident occur during an event. Councilmember Heinsheimer stated the idea of having a facility use policy would make it easier to facilitate community groups using the area and if Council feels the criteria stated in the draft regulations are too restrictive, that they can be amended. He indicated that this draft was an attempt to authorize staff to work with community groups who wish to meet and use the facility and outline guidelines to simplify the process. Councilmember Swanson indicated that she still would like to see this process handled in a simpler, more neighborly way. Councilmember Pernell stated that the $500 refundable deposit and liability insurance coverage is excessive for some groups and that the City Manger be authorized to use his discretion concerning these requirements. City Manager Nealis reported that the Coachella Valley Joint Powers Insurance Authority has a program to provide special events insurance to groups who are not able to provide insurance themselves. Discussion then ensued regarding the $500 refundable deposit which will be held until after the event to offset any costs for damage caused during the event. Mayor Murdock expressed her opinion that all fees should be the same for all groups. Councilmembers then discussed that this policy has been drafted to cover the outside courtyard area only and that use of inside rooms for community meetings would remain the same. Councilmember Heinsheimer suggested that a reasonable amount for a deposit be amended into the policy and noted that it could always be changed later. Councilmember Pernell suggested that this fee be $150. Councilmember Heinsheimer further suggested that in response to Councilmember Swanson's concerns, the first paragraph in the draft be amended to state "encourage community activities by" in lieu of "allow limited use." Discussion then ensued regarding Section 9 relating to the regulations not applying to activities or events sponsored by the City and it was suggested that this section be amended. The City Council authorized the City Attorney to rework the language in Section 9 to reflect that the City intends to conform to these same standards as far as use of the facility but would not need to provide a deposit. It was suggested by Councilmember Leeuwenburgh that in the introductory paragraph that it be spelled out that the City is the owner of the property. During further discussion of the conditions set forth in the policy, Councilmember Swanson questioned the meaning of item 4. b) in which sound amplification is prohibited and was it intended to prohibit music altogether. Councilmember Leeuwenburgh answered that any amplified sound would have a negative effect on surrounding neighbors. Mayor Murdock indicated that it would not prohibit live instrumental music but sound amplification. Discussion ensued regarding whether or not to include microphones. Councilmembers discussed that perhaps this condition be amended to restricting the sound volume. Councilmember Pernell suggested that the wording in the policy be "music amplification" rather than "sound amplification." Councilmember Pernell suggested that items 4. b), c) and d) could be eliminated entirely noting that barbecues and pancake breakfasts are held by certain organizations within the City and should be allowed. Councilmember Swanson stated that this policy should only address those concerns that are absolutely necessary to protect the City and are not overly restrictive to the applicants. Minutes City Council Meeting 7/26/93 -5- Discussion ensued regarding private individuals conducting parties on this property. Councilmembers discussed that only organizations that are recognized within the community would be allowed to hold events in this area. City Manager Nealis relayed to the Council that the Association Board of Directors has asked that the least possible restrictions be imposed and that their understanding during discussions on developing the area was that this area would be a park- like setting where community parties would be held and enjoyed by the residents. City Manger Nealis asked for direction regarding the liability insurance for the Women's Club event. It was suggested that they are under the umbrella of the Community Association insurance and that the City would have to be named as an additional insured. He also reported that the Women's Club would be required to obtain a Department of Alcoholic Beverage Control permit since they will be selling alcohol at their event. He stated that he will follow-up with the Event Chair of the Women's Club. Councilmember Pernell moved that consideration of a draft policy on facility use permits be continued to allow staff to work on amendments suggested during discussion and that the City Manager be authorized to work with the Women's Community Club of Rolling Hills to facilitate their request to hold their annual fund raising event scheduled for October 2, 1993 in the newly constructed courtyard area located on City property. Councilmember Swanson seconded the motion which carried unanimously. • Mr. Frank Hill, 11 Cinchring, spoke to the Council regarding the City's deductible for liability insurance for events which the City sponsors. City Manager Nealis and City Attorney Mike Jenkins answered his concern by describing the City's participation in the Coachella Valley Joint Powers Insurance Authority and the City's Municipal Self Insurance Fund. C. RESOLUTION NO. 711: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING A COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF LOS ANGELES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mayor Murdock introduced Resolution No. 711 to the City Council. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 711 adopting a cooperation agreement between the City and County of Los Angeles for the Community Development Block Grant Program and that the Mayor be authorized to sign the Agreement. Councilmember Leeuwenburgh seconded the motion which carried unanimously. Mayor Murdock asked for discussion or objection. Hearing none, Mayor Murdock so ordered. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Councilmember Swanson reported that she has received inquiries from Rolling Hills residents regarding the City's non -participation in the Dial -A -Ride program for disabled and elderly persons. She reported that there may be more persons residing in Rolling Hills who have a need for such a service. Staff was directed to prepare a future agenda report on the demographics of the City of Rolling Hills as it relates to disabled and elderly and existing Dial -A -Ride Programs on the Peninsula. • Councilmember Swanson reported that the South Bay Cities have organized a National Women's Political Caucus. She reported that it is the first time in one-quarter of a century that the South Bay has had such an organization. Councilmember Pernell announced that Councilmember Swanson was President of this new organization. • Councilmember Leeuwenburgh reported on the Mosquito Abatement District's concerns regarding killer bees. She indicated that she has asked the Mosquito Abatement District staff to prepare a report and guidelines to distribute to residents in Rolling Hills who keep bees on their property. Minutes City Council Meeting 7/26/93 in 1 MATTERS FROM STAFF • City Treasurer Larry Courtright reported on the City's policy regarding the City Council approving any category which exceeds the, � original budget and requested that the City Council take action on such items -".City.;. Manager Nealis reported that he would prepare an appropriate agenda item for the next City -Council. meeting. • City Manager Nealis reported the need to adjourn to a closed session. MATTERS FROM THE CITY ATTORNEY NONE. CLOSED SESSION At 9:40 p.m., Mayor Murdock recessed the meeting to a Closed Session to discuss pending litigation. The meeting reconvened at 9:55 p.m. and no action was taken regarding the Closed Session. ADJOURNMENT Hearing no further business, the meeting was adjourned at 9:56 p.m. to the next regularly scheduled meeting of the City Council which will be held on Monday, August 9, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. Approved, w Jody Mu ock Mayor Minutes City Council Meeting 7/26/93 -7- Marilyn L. Kern Deputy City Clerk