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10/28/1996 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFORNIA OCTOBER 28;1996 CALL TO ORDER , A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Lola Ungar, Principal Planner. Marilyn L. Kern, Deputy City Clerk. CONSENT CALENDAR a 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 - Regular Meeting of October 14, 1996. RECOMMENDATION: Approve as presented. b. Notice of Completion for the FY 1996-97 City of Rolling Hills Re-Roofing Project. RECOMMENDATION: Approve as presented. c. Payment of Bills. RECOMMENDATION: Approve as presented. d. Financial Statement for the month of September, 1996. RECOMMENDATION: Approve as presented. e. Correspondence from California Water Service Company regarding Advice Letter No. 1420, which has been filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. f. Correspondence from BFI regarding the monthly Recycling Report for September, 1996. RECOMMENDATION: Receive and file. g. Consideration of educational flyers prepared by the Wildlife Preservation Committee Entitled "The Facts of Pet Theft--Is Your Pet Safe?" and "Tips On Protecting Birds and Minimizing Predatory Impact on Native Wildlife". RECOMMENDATION: Approve as presented. Mayor Pro Tem Lay moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion which carried unanimously. The City Council concurred with Councilmember Pernell's comment that the educational flyers prepared by the Wildlife Preservation Committee were outstanding. PLANNING COMMISSION ITEMS RESOLUTION NO. 96-19: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 94-26 AND GRANTING SITE PLAN REVIEW MODIFICATION APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GUEST HOUSE IN ZONING CASE NO. 543. Mr. and Mrs. Edgar Capifali, 49 Saddleback Road (Lot 61-RH) Minutes City Council Meeting 10/28/96 -1- , City Manager Nealis presented the staff report and Planning Commission action relative to Zoning Case No. 543. Hearing no objection, Mayor Murdock ordered that Resolution No. 96-19 be received and filed. RESOLUTION NO. 96-20: A RESOLU'�ION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT A N ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENTIAL ADDITION, GRANTING A VARIANCE TO PERMIT A STABLE TO BE CONSTRUCTED IN THE FRONT YARD, GRANTING A VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A STABLE, AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION THAT REQUIRES GRADING IN ZONING CASE NO. 544. Mr. and Mrs. Kenneth Johnson, 29 Middleridge Lane South (Lot 248-A-1-UR) City Manager Nealis presented the staff report and Planning Commission action relative to Zoning Case No. 544. In response to Councilmember Pernell, Principal Planner Ungar stated that Commissioner Margeta did not state a reason for his no vote. Councilmembers discussed the comparison of the proposed improvements to the size of structures on surrounding properties. City Manager Nealis explained that a number of other residences on Middleridge Lane South encroach into the front yard setback due to the adjacent canyon at the rear of the properties. Mayor Murdock expressed concern that granting variances in this neighborhood may set a precedent. She also expressed concern for the size of the proposed stable. Hearing no objection, Mayor Murdock ordered that Resolution No. 96-20 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS -Continued CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING PROPOSED ORDINANCE NO. 263: AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING REVISED STANDARDS FOR NET LOT AREA AND AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report providing background and Planning Commission action relative to Ordinance No. 263 and Ordinance No. 264. Mayor Murdock opened the continued public hearings and called for testimony. In response to Councilmember Pernell, City Manager Nealis reported that the Cit�s Landscape Consultant reviewed and supported the revised standards for maximum disturbed area. Mayor Pro Tem Lay stated that proposed Ordinance No. 263 resolves the issue of citizens applying to the Community Association to have their easements reduced. He also stated that the protection of easements should be encouraged. Hearing no further discussion, Mayor Murdock closed the public hearings and called for motions. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 263. Councilmember Pernell seconded the motion which carried unanimously. Hearing no objection, Mayor Murdock continued the public hearing to the next meeting of the City Council for consideration of second reading and adoption. CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING PROPOSED ORDINANCE NO. 264: AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING REVISED STANDARDS FOR MAXIMUM DISTURBED AREA AND AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. Minutes City Council Meeting 10/28/96 -2- Mayor Pro Tem Lay moved that the City Council waive further reading and introduce Ordinance No. 264. Councilmember Hill seconded the motion which carried unanimously. Hearing no objection, Mayor Murdock continued the public hearing to the next meeting of the City Council for corisid"er'�tion�ef second reading and adoption. OLD BUSINESS CONSIDERATION OF THE REMOVAL OF A TREE AT THE NORTH END OF COURT NO. 2 ADJACENT TO PALOS VERDES DRIVE NORTH. City Manager Nealis presented the staff report. , � • Mr. Dave Oberman, 1 Acacia Lane, stated that he objects to the removal of the tree and presented a petition from area property owners objecting to the removal of the tree. • Mr. Joe Hummel, Rolling Hills Tennis Club Facilities and Equipment Chair, explained that the Tennis Club feels that the debris from the tree poses a problem for players. He stated that this tree is not part of the original landscape and inappropriate for the location. ' • Mrs. Hilliary Post, 1 Acacia Road, stated that she objects to the removal of the tree and suggested that trimming of the tree would be a better solution. • Mr. Hummel indicated that trimming the tree would be a short term solution. Mayor Murdock reported that the Community Association has requested the opportunity to review this matter. Hearing no objection, Mayor Murdock continued consideration of this item to give the RHCA Board of Directors the opportunity to review this matter. NEW BUSINESS ` ORDINANCE NO. 265: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.64 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE. (Traffic) , City Manager Nealis presented the staff report providing background regarding Ordinance No. 265 and Ordinance 265-U. In response to Mayor Murdock, City Manager Nealis stated that the California Vehicle Code uses the term passenger restraint system to describe a child safety seat. Hearing n o further discussion, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council waive further reading and introduce Ordinance No. 265. Mayor Pro Tem Lay seconded the motion which carried unanimously. Hearing no objection, Mayor Murdock continued the public hearing to the next regularly scheduled meeting of the City Council for consideration of second reading and adoption. ORDINANCE NO. 265-U: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.64 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. (Traffic) Councilmember Pernell moved that the City Council waive further reading and adopt Ordinance No. 265-U. Mayor Pro Tem Lay seconded the motion which carried unanimously. RESOLUTION NO. 799: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING BAIL/FINE SCHEDULE FOR TITLE 10 VIOLATIONS. (Traffic) City Manager Nealis presented the staff report. Hearing no discussion, Mayor Murdock called for a motion. Minutes City Council Meeting 10/28/96 -3- Mayor Pro Tem Lay moved that the City Council adopt Resolution No. 799. Councilmember Hill seconded the motion which carried unanimously. RESOLUTION NO. 795: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. RESOLUTION NO. 796: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997. RESOLUTION NO. 797: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997. RESOLUTION NO. 798: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997 BE MADE BY THE CITY CLERK. City Manager Nealis presented the staff report regarding Resolutions No. 795, 796, 797 and 798 relating to the General Municipal Election to be held on March 4, 1997. Hearing n o objection, Mayor Murdock called for a motion. Councilmember Pernell moved that the City Council adopt Resolution Nos. 795, 796, 797 and 798. Councilmember Hill seconded the motion which carried unanimously. CONSIDERATION OF A REPORT REGARDING PROPOSITION 218. RESOLUTION NO. 800: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA OPPOSING PROPOSITION 218. City Manager Nealis presented the staff report regarding the request from the League of Women Voters of the Palos Verdes Peninsula for the City Council to publicly oppose Proposition 218. Councilmembers discussed the proposed Proposition and the impact it may have on the City of Rolling Hills. Concern was raised for the great number of items on a ballot and the difficulty the City Council would have in publicly supporting or opposing all of them. Councilmembers concurred that they would prefer to maintain their practice of not publicly taking a position on such matters. Hearing no objection, Mayor Murdock ordered that the report regarding Proposition 218 be received and filed. ORDINANCE NO. 266: AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING CHAPTER 13.12, OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO SOLID WASTE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report on Ordinance No. 266. Councilmember Hill moved that the City Council waive further reading and introduce Ordinance No. 266. Mayor Pro Tem Lay seconded the motion which carried unanimously. Minutes City Council Meeting 10/28/96 -4- Hearing no objection, Mayor Murdock continued the public hearing to the next regularly scheduled meeting of the City Council for consideration of second reading and adoption. OPEN AGENDA -APPROXIMATELY 8:00(P.M. -�P}gyU- BLIC COMMENT WELCOME _ ��r�y95��������9Y'7Z^.p,K•uS' _. None. . .� � MATTERS FROM MEMBERS OF THE CITY COUNCIL • Councilmember Pernell reported on his attendance at �the retirement for Senator Robert Beverly. • Councilmembers wished Mayor Murdock Happy Birthday. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. ADTOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 8:05 p.m., to the next regular meeting of the City Council scheduled for Monday, November 11, 1996. Respectfully Submitted, Marilyn L. ern Deputy City Clerk Approved, , Jo M dock Mayor Minutes City Council Meeting 10/28/96 -5-