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9/13/2004MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 13, 2004 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black (arrived at 7:36 p.m:), Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Captain Jay Zuanich, LASD, Lomita Station. Lt. Greg Ahn, LASD, 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 - Regular Meetings of August 9 and August 23, 2004. RECOMMENDATION: Approve as presented/provide direction. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from Southern California Edison Company regarding Application No. A.04-08-008 for a rate increase filed with the Public Utilities Commission. RECOMMENDATION: Receive and file. Mayor Pro Tem Pernell 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 None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PUBLIC HEARING. RESOLUTION NO. 962: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ESTABLISHING A RESERVE ACCOUNT WITHIN THE GENERAL FUND FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND MAKING APPROPRIATIONS THEREFROM. City Manager Nealis presented the staff report providing background regarding the Citizens Option for Public Safety Program and introduced Resolution No. 962. Mayor Heinsheimer opened the public hearing. Hearing no testimony or discussion, he closed the public hearing and called for a motion. Councilmember Hill moved that the City Minutes City Council Meeting 09/13/04 -1- Council adopt Resolution No. 962. Councilmember Lay seconded the motion, which carried by the following roll call vote: AYES: Hill, Lay, Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Black. Councilmember Black arrived at 7:36 p.m. CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION CONCERNING A PROPOSED ORDINANCE NO. 295: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16, SUBDIVISION, AND TITLE 17, ZONING, AND AMENDING TITLE 16, SUBDIVISION, AND TITLE 17, ZONING, OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report providing information regarding the Planning Commission's review of the Zoning and Subdivision Codes and highlighted the amendments proposed by the Planning Commission. Mayor Heinsheimer opened the public hearing. Councilmembers discussed the recommended changes to the Subdivision Code. Councilmember Black commented on the proposed amendment to allow 36 months after Final Map approval for subdivision applicants to complete required subdivision improvements and the current 18 requirement in the Code. Councilmember Black expressed that utility undergrounding improvements should be completed prior to the Final Map approval. Discussion ensued regarding this proposed amendment. In response to Councilmember Lay, City Manager Nealis explained that many subdivision applicants elect to bond for the completion of the required improvements and that the Subdivision Code currently permits 18 months after Final Map issuance to complete required improvements. City Manager Nealis indicated that comments were made by those in attendance during the Planning Commission review of the Subdivision Code that it usually takes longer than 18 months to complete required improvements. City Manager Nealis continued describing the amendments to the Subdivision and Zoning Code proposed by the Planning Commission. Councilmembers discussed the proposed amendment to not include covered entryways, covered porches or breezeways toward building pad coverage, but to continue to include them in structural, total and disturbed area coverages. Councilmember Lay expressed concern regarding eliminating these structures from the pad coverage calculation. City Manager Nealis explained that project representatives expressed to the Commission that some time in the past, that these structures were not counted toward pad coverage. While discussing the proposal regarding play equipment such as swings, play houses and sand boxes, and the proposed language suggested by the Planning Commission to not regulate these structures when they have less than 120 sq. ft. of roofed area or are less than 12 ft. in height, Councilmember Black suggested that the City Council extend these heights allowances to about 15 feet. City Manager Nealis explained how the current definition in the Zoning Code qualifies this equipment as structures and the proposed language makes exceptions to applying this definition to play equipment, as specified. Councilmember Black expressed that when people buy these structures at retail outlets, that they are generally about 15 feet tall. Councilmembers discussed this subject and whether to regulate playground equipment in any manner. Mayor Pro Tem Pernell expressed concern regarding the electro -magnetic field (EMF) output from cellular telephone antennas. Discussion ensued regarding the requirements that installers of this equipment disclose these specifications due to other regulatory procedures. Discussion ensued whether the City could bond for the removal of these devices if they are determined obsolete and their use is abandoned. Members of the City Council discussed the provision suggested by the Commission that Site Plan Review be required for swimming pools that are greater that 800 sq. ft. City Manager Nealis provided background regarding the discussion at the Commission public hearings and how pools are dealt with when proposed in conjunction with Site Plan Review or as a stand alone project. Discussion ensued over the actual size of the 800 sq. ft. pool and whether that size represents a negative impact to a property. Minutes City Council Meeting 09/13/04 -2- City Councilmembers also discussed the proposal by the Commission that residents be permitted to introduce up to 5 permitted accessory free standing structures, such as covered patios, trellises, outdoor barbecues, fireplaces, gazebos and sheds to their property, that do not exceed a combined total area of 600 sq. ft. or require grading, without activating Site Plan Review. City Manager Nealis explained how the 1000 sq. ft./25% threshold of Site Plan Review would apply for additions to an existing residential structure and that the Commission felt the new provision wold not violate that standard. He also explained how the definition of a structure currently applies. City Councilmembers also discussed the rationale for the Planning Commission to allow for approvals to be for 2 years, rather than current single year. Following discussion, Mayor Heinsheimer suggested that the City Council continue consideration of this Ordinance to the next City Council meeting and that staff be directed to prepare "Pros and Cons" for the following subjects: ■ allowing 36 -months after filing of a Final Map for the completion of: all subdivison improvements. ■ requiring that all subdivision improvements be completed prior to acting on the Final Map. ■ permitting 36 months to complete other improvements, but require that the utility improvements be completed prior to issuance of Final Map. ■ allowing attached structures (breezeways, entryways, covered porches) to not be counted toward building pad coverage, but counted toward structural, total and disturbed area coverages. ■ regulation of play equipment, as proposed, or not to regulate play equipment. ■ requiring swimming pools 800 sq. ft. or larger to be subject to Site Plan Review. ■ to permit up to 5 freestanding accessory covered structures that do not exceed a combined total area of 600 sq. ft. to be administratively approved. Hearing no further discussion, Mayor Heinsheimer continued the public hearing to the next regular meeting of the City Council scheduled to be held on Monday, September 27, 2004. OLD BUSINESS CONSIDERATION OF ORDINANCE NO. 294: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO SPEED-LUvM ON SPECIFIED PRIVATE STREETS. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report. Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 294. Mayor Pro Tem Pernell seconded the motion, which carried by the following roll call vote: AYES: Black, Hill, Lay, Pernell and Mayor Heinsheimer. NOES: None. ABSENT: None. RESOLUTION NO. 963: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE DECISION OF THE CITY MANAGER AND ORDERING THE PERMANENT CONFINEMENT OF A DOG "TODD" TO THE OWNERS PROPERTY. City Manager Nealis presented the staff report indicating that Resolution No. 963 memorialized the previous action of the City Council in this case. He also indicated that the Craig's had complied with the licensing and vaccination requirements. Mayor Pro Tem Pernell moved that the City Council adopt Resolution No. 963. Councilmember Lay seconded the motion, which was so ordered by Mayor Heinsheimer without objection. . NEW BUSINESS Minutes City Council Meeting 09/13/04 -3- CONSIDERATION OF AN AMENDMENT TO A PROFESSIONAL CONTRACT AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE IMPLEMENTATION OF THE CLEAN WATER ACT INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES), TOTAL MAXIMUM DAILY LOAD (TMDL) REQUIREMENTS AND THE WASTE DISCHARGE REQUIREMENTS FOR RESIDENTIAL ONSITE WASTEWATER TREATMENT SYSTEMS (SEPTIC TANKS). City Manager Nealis delivered the staff report providing background regarding the contractual relationship between the City and Kathleen McGowan, P.E. of Environmental Consulting and Regulatory Analysis. City Manager Nealis indicated, that there have been several provisions for regulation of septic systems on residential properties which are coming to light but which were not known at the time that the City Council adopted the original agreement with Environmental Consulting and Regulatory Analysis in November, 2003. City Manager Nealis described the actions of the Consultant to alert the City of these regulations and the recommendation to adjust her contract to reflect her increased attendance at meetings and attention to these regulations on behalf of the City. He further described the Consultant's efforts to minimize costs by sharing certain services with an adjoining municipality. Councilmember Black discussed the proposed amendments. He requested specific information from the Consultant regarding her activities relating to public education outreach programs. Kathleen McGowan, P.E., Environmental Consulting and Regulatory Analysis, responded to Councilmember Black and described her efforts to place advertisements in local newspapers and provide a public information booth at a recent public event in another municipality on the Peninsula. She described her efforts to assist the City with compliance with the NPDES and TMDL requirements and her efforts at the County Regional Board Meetings to represent the City. Following discussion, Councilmember Lay moved that the City Council authorize staff to amend the contract to include the additional scope of services as described in the staff report. Councilmember Hill seconded the motion, which carried by the following roll call vote: None. None. None. AYES: Black, Hill, Lay, Pernell and Mayor Heinsheimer. NOES: None. ABSENT: None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME MATTERS FROM MEMBERS OF THE CITY COUNCIL MATTERS FROM STAFF MATTERS FROM THE CITY ATTORNEY CLOSED SESSION 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. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. ADTOURNMENT Minutes City Council Meeting 09/13/04 -4- D 1 1 1 1 1 Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 9:10 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, September 27, 2004, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, ilyn Kern Deputy City Clerk Approved, Tho 9ei eiri Ma r Minutes City Council Meeting 09/13/04 -5-