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1/22/2001 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JANUARY 22, 2001 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. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Principal Planner. 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 January 8, 2001. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. c. Financial Statement for the month of December, 2000. RECOMMENDATION: Approve as presented. d. Consideration of rejection of claim against the City. RECOMMENDATION: Approve as presented. e. Southern California Edison Notice of Application for a Rate Increase. RECOMMENDATION: Receive and file.� f. BFI Recycling Tonnage Repbrt for December, 2000. RECOMMENDATION: Receive and file. Mayor Pro Tem Murdock moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Hill seconded the motion which carried unanimously. SPECIAL PRESENTATION PRESENTATION OF A�PLAQUE TO LONG TIlVIE ROLLING HILLS RESIDENT MRS. BEATRICE FISCHER ON TI� OCCASION OF HER 90� BIRTHDAY AND � IN APPRECIATION OF HER ADVOCACY, DEDICATION, ENHANCEMENT AND PRESERVATION OF'THE EQUESTRIAN LIFESTYLE IN TI�COMMUNTTY. Mayor Pernell presented a plaque to Mrs. Beatrice Fischer on the occasion of her 90"' Birthday and in appreciation of her advocacy, dedication, enhancement and preservation of the equestrian lifestyle in the City. Councilmembers and those in attendance congratulated Mrs. Fischer. - PLANNING COMMISSION ITEMS RESOLUTION NO. 2001-01: A RESOLUTION OF TI� PLANNING COMMISSION OF TI� CITY OF ROLLING HILLS GRANTIl�iG A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTTON OF SUBSTANTIAL ADDTITONS TO AN EXIST'Il�TG SINGLE FAMILY RESIDENCE AT 17 WIDELOOP ROAD,ZONING CASE NO. 624 Dr. Peter Spennato , 17 Wideloop Road (Lot 3-A-EF). City Manager Nealis introduced Resolution No. 2001-01. Principal Planner Yolanta Schwartz presented the staff report outlining the applicant's request, background regarding the property and Planning Commission action relative to Zoning Case No. 624. Hearing no objection, Mayor Pernell ordered that Resolution No. 2001-01 be received and filed. Minutes City Council Meeting 01/22/01 -1- TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CONSIDERATTON OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO ESTABLISH EXTERIOR LIGHTING STANDARDS AND AMEND TITLE 17 (ZONING)OF TI�ROLLING HILLS MUIVICIl'AL CODE. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing background regarding the proposed ordinance and the response from the Rolling Hills Community Association regarding this subject. Mayor Pernell opened the continued public hearing and called for testimony. City Manager Nealis commented on previous discussions regarding motion sensor security lights and said the draft is silent on that issue. He suggested that the City Council may wish to provide direction regarding the inclusion of motion sensor security lights. In response to Councilmember Hill, City Manager Nealis stated that the draft is also silent on holiday lights and the City Council may wish to provide direction on holiday lighting as well. Discussion ensued regarding language in the draft ordinance proposed by Councilmember Heinsheimer. City Attorney Jenkins explained that the sentence "exterior lighting not necessary for safety is prohibited" was added to provide emphasis to the subject of this paragraph. Councilmember Heinsheimer commented that this language may address the issue of motion sensor lighting. City Attorney Jenkins indicated that the previous paragraph related to bulb wattage may not address motion sensor lighting. Discussion ensued regarding methods to address the wattage of bulbs suggested for exterior lighting. Councilmember Hill commented on the provision in the draft ordinance related to garden path lighting. He suggested that the language be amended to reflect that they shall be spaced no closer than twenty feet apart. Discussion then ensued regarding outdoor lighting for temporary events and holiday lighting. Councilmembers concurred that an exception should be added for a special event as well as for holiday lighting. Councilmember Lay commented on the two draft ordinances. He expressed concern for the numerous exterior lighting situations present in the City today that would be grandfathered as a result of this ordinance. Councilmembers discussed methods to enforce exterior lighting standards. Councilmembers also discussed the rural environment of Rolling Hills and the goal to keep it as rural as possible. Councilmember Heinsheimer stated that he feels guidelines relative to exterior lighting will achieve this goal. Discussion ensued regarding the differences between the two draft ordinances. Councilmembers concurred that the two drafts should be merged into one document so the City Council could review one comprehensive document. Councilmembers discussed lighting as it relates to security and safety. Councilmembers concurred that provisions should be added to the draft ordinance that security lighting be operated by motion sensors. Mr. Robert Wolfenden, 60 Eastfield Drive, commented on the various wattage of light bulbs and the many types of outdoor lighting fixtures. He also discussed methods to measure light. Councilmembers discussed pilaster lighting and emphasis in the draft ordinance that lighting should be cast downward. Councilmember Hill commented on entryway lighting that focuses on the address of the property but that does not illuminate the street. Councilmember Lay indicated that he feels that City's ordinance should mirror the Community Association's CC&R's in order to be consistent and not create a situation where one is played against the other. Hearing no further discussion, Mayor Pernell continued the public hearing to the next regular meeting of the City Council to be held on Monday, February 12, 2001. Staff was directed to incorporate both draft ordinances into one document, and to include an exception for special event or holiday lighting and provisions that security lighting be operated by motion sensors. CONSIDERATION OF PROPOSED ORDINANCE NO. 285 OF TI� CITY OF ROLLING HILLS REGARDING RETROACTIVE PERMITS AND AMEND TIT'LE 17 (ZONING) OF THE ROLLING HILLS MUNICII'AL CODE. THE PURPOSE OF TI� ORDINANCE IS TO CODIFY AN EXISTIl�iG CITY POLICY REGARDING RETROACTIVE PERMITS FOR WHICH DISCRETIONARY PERMITS ARE REQUIRED BY TI� ZONING ORDINANCE BUT NOT OBTAINED PRIOR TO CONIMENCEMENT OF THE CONSTRUCTION. (FIRST READING AND INTRODUCTION) Minutes City Council Meeting Ol/22/O1 -2- City Manager Nealis presented the staff report providing background regarding the proposed ordinance and its review and recommendation by the Planning Commission. Mayor Pernell opened the public hearing and called for testimony. Mr. Robert Wolfenden, 60 Eastfield Drive, commented on the proposed ordinance. In response to Mr. Wolfenden, Mayor Pernell explained that the proposed ordinance will allow the City to establish procedures for retroactive permitting. He also explained the public hearing process. Hearing no further discussion Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 285. Councilmember Lay seconded the motion which carried — unanimously. The public hearing was continued to the next regular meeting of the City Council to be held on Monday, February 12, 2001. CONSIDERATTON OF PROPOSED ORDINANCE NO. 286 OF TI� CITY OF ROLLING HILLS REGARDING GRADING AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. 'TI� PURPOSE OF TI� ORDINANCE IS TO CODIFY AN EXISTIl�IG CITY POLICY REGARDING MAJOR MODIFICATION OF PREVIOUSLY APPROVED GRADING FOR WHICH DISCRETIONARY PERMITS ARE REQUIRED BY TI� ZONING ORDINANCE. � (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing background regarding the proposed ordinance and its review and recommendation by the Planning Commission. In response to Mayor Pernell, City Manager Nealis explained that this policy does not represent any change in the process or procedure that exists today. He said that proposed ordinance re-identifies that a grading modification, in addition to a structural modification, can cause a re-application before the Planning Commission. Mayor Pernell opened the public hearing and called for testimony. Mr. Robert Wolfenden, 60 Eastfield Drive, queried what constitutes a major modification and stated that he feels that a major or minor modification should be quantified. City Manager - Nealis explained that a major modification could include a grading quantity change. He explained the Site Plan Review process and explained a condition that the Planning Commission had requested that any modification that constitute additional structural development must come back before the Commission. City Attorney Jenkins explained that some changes may not actually change quantities but might be considered major because grading is occurring in a different location than was originally contemplated. He said that a modification may be deemed major if it is significantly different from the plan that was reviewed and approved by the Planning Commission and/or the City Council. He also explained how a project may be deemed in substantial conformance with the plan that was reviewed by the discretionary body. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 286. Councilmember Lay seconded the motion which carried unanimously. T'he public hearing was continued to the next regular meeting of the City Council to be held on Monday, February 12, 2001. Mayor Pernell called upon Mrs. Jeanne Saks, 33 Crest Road West, who indicated that her son, Michael, was attending the City Council meeting in an effort to earn a merit badge. Mayor ;_> � Pernell invited Michael to join him at the Council table and explained the proceedings to Michael. _-;s� � OLD BUSINESS CONSIDERATTON OF AMENDMENT TO TI� CIVIC CENTER LANDSCAPE � MAINTENANCE CONTRACT. City Manager Nealis presented the staff report providing the revised amendment to the civic center landscape maintenance contract as requested by the City Council at their last meeting. Hearing no discussion, Mayor Pernell called for a motion. Minutes City Council Meeting 01/22/01 -3- Councilmember Lay commended the City Manager for his work in this regard and moved that the City Council approve the amendment to the Civic Center Landscape Maintenance Contract and that the City Manager be directed to execute the agreement. Councilmember Heinsheimer seconded the motion which carried unanimously. NEW BUSINESS RESOLUTTON NO. 897: A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF ROLLING HILLS AUTHORIZING PARTTCIl'ATION IN TI� LOS ANGELES COUNTY MUNICIl'AL APPLICATION FOR RE-ISSUANCE OF WASTE DISCHARGE REQUIREMENTS AND AN NPDES PERMIT. � Mayor Pernell called upon Michael Saks to introduce Resolution No. 897. Hearing no �! discussion, Mayor Pernell called for a motion. " Councilmember Heinsheimer moved that the City Council adopt Resolution No. 897. Councilmember Hill seconded the motion which carried unanimously. CONSIDERATION OF JOINING TI� CALIFORNIA JPIA PROPERTY INSURANCE PROGRAM. Councilmember Heinsheimer moved that the City Council join the California jPIA All Risk Property Program and authorize staff to sign the necessary documents to join this insurance program to be effective February 1, 2001. Councilmember Lay seconded the motion which carried unanimously. Discussion ensued regarding the earthquake/food insurance component of this insurance proposal. The City Council elected to not include earthquake/flood insurance at this time. OPEN AGENDA-APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Mr. Robert Wolfenden, 60 Eastfield Drive, commented on the discretionary review process and expressed concern for the length of time that it takes for the Planning Commission to review projects. He also commented on staff's discretion to determine whether a modification is major or minor. Mr. Wolfenden reported on the modifications to his residential development project that are going to be presented to the Planning Commission. In response, City Manager Nealis commented on the status of this case. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Lay reported on the South Bay Cities Council of Governments' 2nd Annual General Assembly and meeting on Thursday January 25, 2001. He indicated that he will be attending. Councilmember Heinsheimer thanked the City Council for the support given to him during his presentation on underground utilities at the public meeting of the Community Association conducted just after the RHCA Annual meeting. MATTERS FROM STAFF City Manager reported that he will have the zoning map and aerial photograph of the City re- hung in the Council Chambers unless there are any objections. The Council supported this action. City Manager Nealis also reported on Southern California Edison's power outage repair policy. He reported that a letter asking for support from Caballeros, the Tennis Club and the Women's Club regarding the undergrounding of utilities is being prepared. There were no _ - objections of this action by the City Council. Further, he suggested that the City Council may � wish to consider sending a citywide mailing relative to the undergrounding of utilities. Councilmember Heinsheimer indicated that he would like to consult with the RHCA "" Subcommittee member on this second subject. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Minutes City Council Meeting Ol/22/01 -4- Existing Litigation: G.C. 54956.9(a) Name of Case: Shell Chemical Company, et al. v. County of Los Angeles, et al, U.S.D.C. Case No. CV 00-01917 MRP (MANx);Phillips Petroleum Company v. County of Los Angeles, et al., U.S.D.C..Case No. CV 00-1938 MRP (MANx) City Attorney Jenkins reported that the City Council accepted the offer of the petroleum company cross complainants to settle the matter and directed him to prepare the necessary settlement documents. ADTOURNMENT Hearing no further business before the City Council, Mayor Pernell stated that long time Rolling Hills resident and wife of former Rolling Hills Community Association Board Member Tom Boyd, Carol Boyd, passed away recently. With the support of the City Council, the City Council meeting was adjourned in memory of Mrs. Carol Boyd. The meeting was adjourned at 9:14 p.m., to a regular meeting of the City Council to be held on Monday, February 12, 2001, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. Respectfully submitted, �. � . ���;�/�'� Marilyn L. Kern Deputy City Clerk Approved, Go fr ` . . . Ma r Minutes City Council Meeting � 01/22/01 -5-