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
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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.
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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
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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
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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
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