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10/25/1993 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OCTOBER 25, 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, October 25, 1993, in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Swanson,Pernell,Heinsheimer, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Michael Jenkins, City Attorney. Lola Ungar, Principal Planner. Marilyn Kern, Deputy City Clerk. Captain Herb Pettus,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 October 11, 1993. RECOMMENDATION: Approve as presented. b. Payment of Bills. _ RECOMMENDATION: Approve as presented. c. Financial statement for the month of September. � RECOMMENDATION: Approve as presented. d. City of Rolling Hills application for certification of franchising authority to regulate basic cable service rates and initial finding of lack of effective competition. RECOMMENDATION: Approve as presented. e. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. f. Correspondence regarding California Water Service Company's Advice Letter No. 1315 relative to the Department of Health Services of Drinking Water Fees Surcharge, Schedule No. DHS-1, for all communities served by California Water Service Company. RECOMMENDATION: Receive and file. Mayor Pro Tem Leeuwenburgh moved approval of the recommendations contained in the Consent Calendar. Councilmember Swanson seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS A. ORDINANCE NO. 243. AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING PLACEMENT OF REFLECTIVE DEVICES ON OR NEAR ROADWAYS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Mayor Murdock called for comments regarding Ordinance No. 243. Councilmember Swanson expressed concern that the meaning of the revised language might be interpreted differently in the future. She indicated that the way she interprets the Ordinance is that it appears to prohibit Minutes City Council Meeting 10-25-93 -1- agenda.cc\102593.min reflective devices in driveways if the mlrror or other reflective device is visible from any roadway at the terminus of any driveway. She stated that she feels that the way this is worded, it can mean that a mirror placed on any driveway, in relationship to another private driveway near a roadway, would be in violation and not permitted by this Ordinance even if it did not have any visual consequences on the road. She e�ressed a feeling that in years from now it would take a legislative analyst to figure out what the City Council enacted in 1993. She e�ressed that while there may be a single instance with a problem with a mirror, that the City Council is over reacting to a particular case and adopting an Ordinance to fit that case. She stated that she is concerned about a potential liability for the City should the council prohibit residents from using a mirror in order to safely and comfortably exit their driveway, either by vehicular traffic or on foot, by themselves or with the children. She indicated that she had given preliminary approval to the intent at the last meeting and will not do so at this meeting. Mayor Pro Tem Leeuwenburgh explained that the Traffic Commission completely studied this � Ordinance and that the City Attorney drafted the Ordinance according to direction of the Traffic Commission and the Traffic Engineer. She stated that the Traffic Engineer has reported that this type of device is not an acceptable traffic control device and that the State of California or other major public entities do not recognize or permit use of mirrors for observation or control of traffic. She further stated that by permitting mirrors, the City would be taking on a liability that they should not have to deal with. She reported that approximately five requests for mirrors have been brought before the Traffic Commission and that these cases were settled at the Traffic Commission level. She reported that the problem with urging the resident who erected the mirror on Portuguese Bend Road prompted the Traffic Commission to take action to recommend this Ordinance. Discussion then ensued regarding the amended language of "and visible from any roadway." Councilmember Heinsheimer suggested that perhaps the meaning would be clearer and still within the intent of the Traffic Commission that the Ordinance state "no mirror or other similar reflective device should be placed adjacent to any roadway. Councilmember Pernell explained that the amended language was added by the City Council so that the Ordinance would not prohibit residents from installing mirrors on their private property as long as the reflective surface is not visible from a roadway. Councilmember Swanson questioned the City Attorney regarding the liability to the City relative to ingress and egress of private driveways on to roadways within the City if the Council were to adopt this Ordinance prohibiting a device which might enhance their visibility. City Attorney Michael Jenkins reported that this is an issue of balancing safety interests. He stated that if there is a reasonable perception that the safety of the traveling public is impaired by having the mirror, then Council is certainly capable of determining how it wants to balance the respective safety interests of the person exiting the driveway versus the safety of the public using the street. He eXpressed his opinion that he does not think that the Council could be faulted or found liable for making that sort of judgement. He further reported that the street itself is not owned by the City, but privately owned and that the City is not responsible for dangerous conditions on the roadway. He reported that it is his assumption that the Traffic Commission's recommendation was that their has been a perception that it is dangerous to the traveling public to have mirrors or reflective surfaces visible from the roadway, and this is what prompted the Ordinance. Mayor Pro Tem Leeuwenburgh confirmed that this was the intent of the Traffic Commission and reported on the history of the mirror that was placed on Portuguese Bend Road and the efforts made by the Traffic Commission and the City Manager to see that the mirror was removed. She stated that this was not an arbitrary decision, but rather the first time the Traffic Commission had a problem with a resident not complying with a recommendation and that their was nothing on the books to enforce their recommendations. Councilmember Swanson responded that she encountered the mirror on Portuguese Bend Road and while she did notice the mirror, she did not feel it was a problem or a danger. She further stated that in her opinion, while the Traffic Engineer has been hired to make recommendations to the City, the City Council, even though at times they may not agree, are the ultimate decision � makers that make the final decision as to whether a recommendation is good or not. Mayor Murdock called for further discussion on the issue and Councilmembers discussed that when the driveway on Portuguese Bend Road was constructed, that there was no Planning or Traffic Commission and that the vegetation and population were not at the same level as today and that the Council needs to react to the changes. Councilmember Swanson stated that the Council Minutes City Council Meeting 1�-25-93 -2- agenda.cc\102593.min � _ , :.:. .r s�;�,., .* -y,�,! .:�i-;;w`lx�����ir�;�' �.�'�:�. �. e�ects the residents to be good neighbors�'aiid that�the Council as a body should not just legislate but also be a good neighbor. She suggested that an appropriate individual talk with residents to reasonably explain a situation instead of spending numerous hours discussing the enacting of an Ordinance that will be a punitive for everybody. She further stated that there are no two driveways within the City that are alike and that the Council will be enacting an Ordinance that will apply to the entire City because it cannot deal-witk�;�onej4dri�eway. ��,u;.:��.�,c.r.:, �-. , Mayor Murdock responded that she felt that the Council was not prohibiting anyone from using any kind of a reflective device within the confines of their own driveway but rather only when it is visible from a roadway. She stated that she found the mirror extremely distracting. Hearing no further discussion, Mayor Murdock called for a motion. Councilmember Heinsheimer - moved that the City Council waive further reading and adopt Ordinance No. 243 regarding placement of reflective devices on or near roadways and amending the Rolling Hills Municipal Code. Councilmember Pernell seconded the motion which carried by the following vote: AYES: Councilmembers Pernell, Heinsheimer, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. NOES: Councilmember Swanson. PUBLIC HEARINGS A. ZONING CASE NO. 480 DR. AND MRS. BARTON WACHS, 6 OUTRIDER ROAD (LOT 72-A-EF) AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. City Manager Nealis introduced Zoning Case No. 480 and called on Principal Planner Ungar to present the staff report. Mayor Murdock opened the public hearing and called for testimony. • Criss Gunderson, Architect for the applicant, described the improvements and what the applicants are trying to accomplish with these improvements. He reported that the applicants have a need for additional space for their family and that the way the house is situated on the lot as well as the size of the lot make it difficult to build within the setbacks of the property. He also explained previous improvements to the property and the pad coverage figures that the Planning Commission took exception to. Mayor Pro Tem Leeuwenburgh questioned Mr. Gunderson regarding the width of the frontage on the street and Councilmember Swanson asked if approval had been granted by the Community Association Architectural Committee. Discussion then ensued regarding the roof line and the size of the lot. Mayor Murdock eapressed concern that the plans do not accurately depict the size of the lot. Mr. Gunderson responded that the break lines on the plans.indicate that the property lines continue further and depicting them in this manner is a common engineering technique. He stated that he would be happy to provide the City Council with an accurate plan showing the entire property at the field trip. • Mr. Barton Wachs, 6 Outrider Road, addressed the Council regarding the project and e�lained that they had e�cplored other options to construct the room his family needs and that the present plan best fits their needs and budget. After discussion and hearing no objection, Mayor Murdock ordered that the public hearing be continued to an adjourned regular meeting of the City Council scheduled for Saturday, November 13, 1993, at 8:00 a.m. for the purpose of conducting a field trip. B. ZONING CASE NO. 497 MR. AND MRS. BERNARD HOWROYD, 7 MAVERICK LANE (LOT 28-SK) AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO CONSTRUCT A GARAGE IN THE SIDE YARD SETBACK IN ZONING CASE NO. 497. Minutes City Council Meeting 10-25-93 -3- agenda.cc\102593.min Principal Planner Ungar presented the staff report. Mayor Murdock opened the public hearing and called for testimony. • Criss Gunderson,Architect for the applicant, e�rplained that the applicants were not familiar with zoning rules and regulations when they converted their garage into living space. He reported that the present plan is an attempt to mitigate this problem. In an effort to explain the hardship placed on his client, Mr. Gunderson presented an example to the Council which depicts other residences in the area showing that other properties in the area encroach into the setbacks. Councilmember Heinsheimer requested that staff provide information at the field trip relative to how many of the homes on the applicants example were actually variances granted by the City or pre-existing conditions. • Mr. Bernard Howroyd, applicant in Zoning Case No. 497, addressed the Council regarding his plan to construct a garage and explained the history of his previous approvals and how the costs to complete those plans became to great for him to complete. He further etcplained his family's need for more living space and defended the conversion of his garage into living space. Discussion then ensued regarding the previous approval and the setbacks on the property. Councilmember Pernell questioned why the applicant could not move the swimming pool. City Manager Nealis reported to the Council on the previously approved plans for a subterranean garage and other improvements to the property that have since e�cpired, the Planning Commission felt that another location for a swimming pool would not be acceptable. Mayor Pro Tem Leeuwenburgh requested that 10 foot and 20 foot setbacks be indicated on the plan. • Criss Gunderson, Architect for the applicant, responded to Councilmember Pernell's concern regarding other alternatives. He reported that other alternatives were researched however, Community Association Architectural Committee felt those alternatives were not acceptable as they relate to the roof line. • Mr. Cosimo Cataldi, 4 Hackamore Ln., spoke to the Council regarding the Zoning Case and indicated that he feels that residents should follow the rules and regulations of the City and that he objects to this project. Discussion ensued regarding the process of permitting variances and Mayor Murdock e�cplained that the basis of hardship is decided upon the property, not on the property owner. Hearing no objection, Mayor Murdock ordered that the public hearing be continued to an adjourned regular meeting of the City Council scheduled for Saturday, November 13, 1993, at 8:00 a.m. for the purpose of conducting a field trip. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. OLD BUSINESS None. NEW BUSINESS A. CONSIDERATION OF A PROPOSAL BY THE WILDLIFE PRESERVATION COMMITTEE FOR A NATIVE PLANT DEMONSTRATION PROJECT ADJACENT TO THE TENNIS COURTS. City Manager Nealis presented the staff report. Councilmember Pernell asked how much space that the Wildlife Preservation Committee is requesting to use for the Native Plant Demonstration Project. City Manager Nealis reported that approximately 400 square feet has been proposed by � the Committee. Councilmembers discussed this plan and indicated that the neighbors in the surrounding areas should be notified of the Committee's intentions and that the landscape consultant should be consulted as well. It was suggested that the Committee submit a written plan regarding the project. Councilmembers concurred that staff should invite a representative of the Wildlife Preservation to the next meeting to provide a written and oral report before funds would Minutes City Council Meeting 10-25-93 -4- agenda.cc\102593.min . .. � . . -:�;; be allocated for this project. Mayor Murdock reported that she has received correspondence from the Wildlife Preser�ation Committee regarding a video on the flora and fauna of Rolling Hills which will be available to residents and requesting that Councilmember Swanson record the introduction to that video �,er��,x��r��.-��i��:,. because she was the Mayor at the time the Comniittee was formed. Mayor Murdock reported that Councilmember Swanson has graciously agreed to do the introduction. Councilmembers questioned if there were any costs related with the production of this video and staff indicated that there were not. Hearing no objection, Mayor Murdock ordered that consideration of the proposal by the Wildlife � Preservation Committee be continued to the next regularly scheduled meeting. Staff was directed to invite members of the Wildlife Preservation Committee to provide a written report regarding the purpose and a description of the project and to make an oral presentation to the City Council on their proposal at that meeting. B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Discussion ensued regarding the benefit of regulating collection of solid waste by Ordinance versus an agreement. City Manager Nealis reported that the Ordinance would enable the City to enforce participation of residents and various other regulations relating to solid waste collection, as well as a section relating to the issuance of a franchise agreement is addressed in the Ordinance and not in the agreement. City Attorney Jenkins explained minor changes that have been made to the Ordinance and discussed with the City Council the impact that this Ordinance would have should the City decide . to join into a Joint Powers Agreement with other cities to provide solid waste collection. City Attorney Jenkins stated that the Ordinance would improve the process. Councilmember Heinsheimer moved that the City Council waive further reading and introduce the Ordinance. Mayor Pro Tem Leeuwenburgh seconded the motion which carried unanimously. • Chip Sholtz, BFI representative, reported to the City Council on green waste collection and recycled compost that is being offered by BFI. He also invited the Council to tour the BFI Facilities. C. CONSIDERATION OF REPORT REGARDING DIRECTION FOR LANDSCAPE MAINTENANCE SERVICES. City Manager Nealis presented the staff report. City Councilmembers discussed the landscaping requirements needed now that the new landscape improvements have been completed. Councilmember Heinsheimer explained the advantage of having one contractor providing all landscape maintenance service for the entire City Hall complex and suggested that City should continue with Peninsula Landscaping on an interim basis. During further discussion, it was suggested that staff expand the advertisement for the landscape maintenance service to include the Los Angeles Times, Daily Breeze as well as the Palos Verdes Peninsula News. It was also suggested that staff contact a local gardeners association to solicit bids. Hearing no objection, Mayor Murdock ordered that staff prepare bid documents for Landscape Maintenance Services for the purpose of soliciting bids for this service. Staff was further ordered to return the bid documents to the City Council for consideration at the next regularly scheduled meeting on November 8, 1993. MATTERS FROM MEMBERS OF THE CITY COUNCIL A. CONSIDERATION OF APPOINTMENTS TO THE PUBLIC SAFETY ASSISTANTS PROGRAM. Mayor Murdock reported that she and Mayor Pro Tem Leeuwenburgh will submit the names of Joe Hummel and John Welbourn for appointment to the Public Safety Assistants Program at the Regional Law Meeting on Thursday, October 28, 1993. Minutes City Council Meeting 10-25-93 -5- agenda.cc\102593.min • 1Vlayor Murdock reported on correspondence received regarding National Family Week. • Councilmember Heinsheimer expressed his gratitude to Councilmembers and staff for the kindness shown after the death of his father. • Councilmember Swanson reported on the City Selection Committee's recommendation to the Executive Board that Nell Soto be appointed to the position on the AQMD seat vacated by Henry Morgan. MATTERS FROM STAFF • City Manager Nealis provided an update on the Peninsula City Managers' discussions regarding possible consolidation of municipal services on the Peninsula. -- MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION None. AD TOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting in honor of long time Rolling Hills resident and former School Board Member Arthur F. Stribley,Jr. at 9:50 p.m. to the next regularly scheduled meeting of the City Council which will be held on Monday, November 8, 1993,in the City Council Chambers a the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. � � . ���� MARILYN KERN DEPUTY CITY CLERK Approved, JOD MU OC MAYOR Minutes City Council Meeting 10-25-93 -6- agenda.cc\102593.min