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6/26/2000MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 26, 2000 CALL TO ORDER ? A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. 1 ROLL CALL Councilmembers Present: Heinsheimer, Hill, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: Lay (excused). Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Nan Huang, Finance Director. Lola Ungar, Planning Director. Marilyn L. Kern, Deputy City Clerk. 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 - Regular Meeting of June 12, 2000. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of May, 2000. RECOMMENDATION: Approve as presented. d. Correspondence from Cox Communications adjustment. RECOMMENDATION: Receive and file. e. BFI Recycling Tonnage Report for May, 2000. RECOMMENDATION: Receive and file. f. Correspondence from California Water Service Letter No. 1483 which has been submitted to Commission for approval. RECOMMENDATION: Receive and file. regarding a pending rate Company regarding Advice the California Public Utilities Mayor Pro Tem Murdock moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. PLANNING COMMISSION ITEMS RESOLUTION NO. 2000-06: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AND ILLEGALLY CONDUCTED GRADING TO FILL IN REAR YARD PAD AREAS AT A SINGLE FAMILY RESIDENCE AT 9 CABALLEROS ROAD IN ZONING CASE NO. 604. Mr. Jerry Scarboro, 9 Caballeros Road (Lot 32 -SK) Planning Director Ungar presented the staff report outlining the applicant's request and providing background regarding the Planning Commission's action relative to Zoning Case Minutes City Council Meeting 06/26/00 -1- No. 604. In response to Mayor Pernell, Planning Director Ungar explained the administrative fee for review of as -built projects. Hearing no objection, Mayor Pernell ordered that Resolution No. 2000-06 be received and filed. RESOLUTION NO. 2000-15: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE A SINGLE FAMILY RESIDENCE AT 22 CREST ROAD EAST IN ZONING CASE NO. 609. Mr. and Mrs. William Powers, 22 Crest Road East (Lot 194 -MS) City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the Planning Commission's action relative to Zoning Case No. 609. Councilmembers discussed the specifics of the proposed project and the fact that the Planning Commission vote was not unanimous. City Manager Nealis explained that the reduction in the size of the proposed residence was the result of a suggestion made by the Planning Commission. Councilmember Heinsheimer commented on whether there was any information regarding this project that would possibly prevent it from being completed. City Manager Nealis informed the City Council that a member of the Planning Commission had provided an advertisement to staff announcing the sale of both properties owned by the applicant, with approved plans, at the Planning Commission meeting when this case was approved. Discussion ensued regarding the size of the residence and the possibility of the City Council taking the case under jurisdiction due to the vote of the Planning Commission. Hearing no further discussion and no objection, Mayor Pernell ordered that Resolution No. 2000-15 be received and filed. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION REGARDING PROPOSED ORDINANCE NO. 282: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 10 OF THE MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO MOTORIZED SCOOTERS AND MOTORIZED SKATEBOARDS. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing background regarding the Traffic Commission's recommendation relative to the proposed ordinance. Discussion ensued regarding the provision that motorized scooters would be permitted to be operated on roadways with a speed limit of no more than 25 miles per hour. City Manager Nealis explained that the speed limit on Crest and Portuguese Bend Road North is 30 miles per hour and that without a bike lane, use of the motorized scooters would not be permitted on roadways with speed limits in excess of 25 miles per hour in Rolling Hills. In response to Councilmember Murdock, City Manager Nealis explained that the provisions in the proposed ordinance are exactly as they appear in the California Vehicle Code with a few minor amendments to allow for unique features of the City of Rolling Hills, such as a prohibition of use on equestrian trails. In response to Councilmember Heinsheimer, Councilmember Hill explained that the Traffic Commission had felt that a number of children in the community are utilizing these devices without proper safety equipment and in an unsafe manner. Councilmembers suggested that the Traffic Commission re -review the proposed ordinance and provide specific findings as well as information regarding experiences with these devices in the City. After discussion, the City Council remanded the proposed ordinance back to the Traffic Commission for further study. PUBLIC HEARINGS - Continued CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 2000-01 Minutes City Council Meeting 06/26/00 -2- RESOLUTION NO. 882: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 2000-01 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. RESOLUTION NO. 883: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 2000-01 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, COPS FUND, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C FOR FISCAL YEAR 2000-01. RESOLUTION NO. 884: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 2000-01 MERIT PAY PLAN. City Manager Nealis introduced the Resolutions relating to the adoption of the FY 2000-01 City of Rolling Hills Budget. Mayor Pernell opened the continued public hearing and called for testimony. Mr. Dave Breiholz, President of Caballeros, commented on their request for funds for future Caballeros projects. In response to Mayor Pernell, City Manager Nealis explained that the FY 2000-01 budget contains adequate funds for these projects. Mr. Nealis indicated that individual projects will be brought before the City Council for consideration following adoption of the budget at a future meeting. Hearing no further discussion, Mayor Pernell closed the public hearing and called for a motion. Councilmember Hill moved that the City Council adopt Resolution No. 882, Resolution No. 883 and Resolution No. 884. Councilmember Heinsheimer seconded the motion which carried unanimously. PUBLIC HEARINGS CONSIDERATION OF PROPOSED ORDINANCE NO. 280: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing background regarding the Planning Commission's recommendation relative to the proposed ordinance. Mayor Pernell opened the public hearing. Discussion ensued regarding the proposed ordinance. Councilmember Heinsheimer commented on Paragraphs E and F of Section 6 of the proposed ordinance. He expressed concern regarding the process for considering exemptions to the requirements of the ordinance as drafted. He suggested that the ordinance could be amended to allow the variance process to be used in cases where an exemption is requested. Councilmember Hill stated that he feels that certain minor electrical modifications to properties, without an exemption, would become too expensive to complete. City Attorney Mike Jenkins commented on the provisions for variances in Title 17, Zoning, of the Rolling Hills Municipal Code. Following discussion, staff was directed to amend the ordinance in a manner that would require a variance to consider any exemptions to the underground requirements of the ordinance. Hearing no further discussion or objection, Mayor Pernell continued the public hearing to the next regular meeting of the City Council to be held on Monday, July 10, 2000 for consideration of an amended ordinance. CONSIDERATION OF PROPOSED ORDINANCE NO. 281: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO CLARIFY AND MODIFY RECREATIONAL GAME COURT DEVELOPMENT STANDARDS FOR PROPERTY IN THE RESIDENTIAL ZONES AND TO AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (FIRST READING AND INTRODUCTION) Minutes City Council Meeting 06/26/00 -3- City Manager Nealis presented the staff report providing background regarding the Planning Commission's recommendation relative to the proposed ordinance. Mayor Pernell opened the public hearing. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Hill moved that the City Council waive further reading and introduce Ordinance No. 281. Councilmember Heinsheimer seconded the motion which carried unanimously. Mayor Pernell continued the public hearing to the next regular meeting of the City Council to be held on Monday, July 10, 2000 for consideration of second reading and adoption. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY City Attorney Jenkins provided a brief status report regarding the Cal Compact lawsuit and the most resent actions by Shell Oil and Phillips Petroleum Co. City Attorney Jenkins reported that Assistant City Attorney Kevin Ennis has been appointed as the City Attorney of Carson, CA. Mr. Jenkins indicated that he would select an Assistant City Attorney within the next month for introduction. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:25 p.m., to the next regular meeting of the City Council scheduled to be held on Monday, July 10, 2000, beginning at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, �.k-0� Marilyn L. Kerh Deputy City Clerk Approved, Godfrey Pernell, Mayor Minutes City Council Meeting 06/26/00 -4- 1: