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10/11/2004 MINUTES OF A REGULAR MEETING OF THE � ROLLING HILLS CITY COUNCIL AND AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION MONDAY, OCTOBER 11,2004 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Tom Heinsheimer and an adjourned regular meeting of the Planning Commission was called to order by Chairman Roger Sommer 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, Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Commissioners Present: DeRoy, Hankins, Margeta,Witte and Chairman Sommer. Commissioners Absent: None. Others Present: Craig Nealis, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Lt. Greg Ahn, LASD, Lomita Station. CONSENT CALENDAR None. ITEMS FOR DISCUSSION CONSIDERATION OF DRAFT UNDERGROUND UTILITY FUND POLICY. City Manager Nealis presented the staff report providing information regarding the draft Undergound Utility Fund Policy prepared by Mayor Heinsheimer and the $250,000 that has been allocated for the newly created Underground Utility Fund. Councilmembers and Commissioners discussed the draft policy and the $250,000 Underground Utility Fund Budget. Discussion ensued regarding the costs of undergrounding utilities. City Manager Nealis explained that the current Rule 20A Underground Utility Project on Crest Road cost was approximately $125,000. He explained that private or City sponsored underground projects would cost more because telephone and cable utilities are not required to pay for the undergrounding of their facilities as they are under Rule 20A projects. Mayor Heinsheimer commented on the Rule 20A project on Crest Road and indicated that the benefits of this project and future projects completed due to the new policy would be significant and would serve as and example of the aesthetic benefits of undergrounding utilities. Mayor Pro Tem Pernell commented on the Planning Commission's review of projects and their encouragement of residents to underground utilities whenever possible. Discussion ensued regarding Paragraph 3(b) in the draft policy. Councilmember Black indicated that he feels that there should be a requirement that residents underground the utilities from the pole to their homes when a project is identified in their vicinity. Mayor Heinsheimer explained that the policy is intended to advance the undergrounding of utilities by setting forth a policy of the City Council for prudent expenditure of funds allocated to the Underground Utility Fund. He indicated that he hopes that this policy will encourage the undergrounding of utilities in the City. Discussion ensued regarding the ideas that are set forth in the policy that the projects alongside or within view of the major thoroughfares of Crest Road, Portuguese Bend Road and Eastfield Drive would be given first priority for funding and that private residents may submit requests for funding the preliminary engineering cost estimate for private underground utility projects within a specified Minutes City Council/Planning Commission Joint Meeting 10-11-04 -1- neighborhood. City Manager Nealis explained Underground Utility Assessment Districts, which would obligate all residents in a specific area to underground their utilities. In response to Chairman Sommer, Mayor Heinsheimer explained that the Underground Utility Fund would carry over from year to year if the funds were not expended within a specific year. Discussion ensued regarding Rule 20A projects. Mayor Pro Tem Pernell queried whether the City could augment the Rule 20A fund balance. City Manager Nealis reported that Rule 20A _ funds are ratepayer generated and indicated that he would research this subject. Discussion ensued regarding whether there would be a problem with wireless communication companies whose equipment is located on a pole that would be scheduled for removal during an underground utility project. City Attorney Jenkins explained the wireless communications companies' rights under the Telecommunications Act. He indicated that there are other alternative ways for these companies to provide service. He explained that wireless communication companies must obtain approval from the RHCA to place their equipment on the poles in the City because they are technically on private property. Mayor Heinsheimer indicated that he feels that the wireless communication companies would be willing to work with the City in this respect. Commissioner DeRoy commented on the discussions that took place at the RHCA relative to sharing in the costs for underground utility projects and concerns expressed about funds being allocated equitably. She commented on the draft underground policies stipulation that projects on major thoroughfares would have first priority. She indicated that she would favor the special district process, which would require public participation. Councilmember Hill indicated that the RHCA was in favor of the Underground Utility Fund but chose not to participate due to current economic constraints. Those in attendance further discussed the components outlined in the draft policy, ideas on how to prioritize proposed projects and ways to encourage residents to underground their utilities from the poles to their homes. The Commission's efforts in requiring undergrounding of utilities during Subdivision review and in Site Plan Review resolutions were also discussed. Discussion ensued regarding the provision in the draft policy that the fund may assist funding the preliminary engineering service cost estimate for privately proposed underground utility projects in a specific neighborhood. City Manager Nealis explained that there have been a few neighborhoods that have approached the City about undergrounding. He said that funding the preliminary engineering costs would assist in those private undergrounding efforts as it would remove this economic constraint. It was the consensus of those in attendance that a City sponsored project along one of the major thoroughfares such as Crest Road or Portuguese Bend Road would serve as an example to residents of the benefits of undergrounding the utilities on their properties. Mayor Heinsheimer suggested that the Rule 20A project and the Underground Utility Fund project efforts be reported at the RHCA Annual meeting. Councilmember Black requested that staff look into whether a private contractor rather than Edison could be used for undergrounding project. After the discussion, the draft policy was held. Staff was directed to identify a location or locations for a City sponsored underground utility project(s) (Rule 20B) on Crest Road or Portuguese Bend Road and prepare a report for City Council consideration at a future City Council meeting. Staff was also directed to research if the City could contribute funds from the Underground Utility Fund to the Edison Rule 20A Fund and whether a private contractor in lieu of Edison could be used for the construction of a City sponsored underground project. LANDSCAPING PLAN REQUIREMENTS FOR ADMINISTRATIVELY APPROVED PROJECTS AND LANDSCAPING CONDITIONS FOR RESOLUTIONS. Mayor Heinsheimer introduced the item. Commissioner Witte commented on his suggestion that landscaping plans be required for administratively approved projects with water conservation and views in mind. He stated that he would also like to see that administratively approved projects meet development standards imposed by the Planning Commission. Minutes City Council/Planning Commission joint Meeting 10-11-04 -2- In response to Mayor Heinsheimer, Commissioner Witte stated that the landscape plan would be an attachment to the basic plan submitted for over the counter approval. Mayor Heinsheimer commented on this proposed process and indicated that he feels that it may undermine the idea of an over the counter approval. Commissioner Witte expressed that a landscape plan should be required for swimming pools that do not require grading because the Commission would impose landscape requirements for swimming pools that come before them that do require grading. � , Discussion ensued regarding imposing landscape requirements on administratively approved projects. City Manager Nealis commented on the memorandum from the City Attorney relative to this subject that had been placed before the Council and Commission this evening. � He reported that the memorandum indicates that if staff were to require a landscape plan to be submitted for an over the counter approvals such as a swimming pools or barns that do not require grading, that staff could condition or require certain types of landscaping but not beyond the scope of the proposed development. Discussion ensued regarding the difficulty in determining what constitutes the development site on these types of projects. Discussion ensued regarding the standard conditions for landscaping that are placed in Resolutions by the Commission. Councilmember Lay commented on the City's Landscape Committee that reviews the landscape plans when they have been required by the Commission to make sure that they are consistent with the provisions set forth by the Commission. He indicated that the feels that staff could have the authority and responsibility to review landscape plans for over the counter projects if they feel that one is required. Discussion ensued regarding the challenges in determining the extent or impact of the project in determining the extent of a landscape plan submitted for over the counter approval. Councilmember Black commented on the memorandum from the City Attorney and indicated that he would like to make a motion. Commissioner Witte indicated that he would like to further discuss this subject. He commented on certain types of trees that may block views and also the development standards that are imposed by the Commission. He indicated that he would like staff to review over the counter projects with the development standards in mind. Discussion ensued regarding the over the counter review process administered by staff and the Commission requirement for a landscape plan on specific development projects. In response to Councilmember Lay, City Manager Nealis explained that in addition to the standard landscaping conditions, the Commission has started to limit vegetation associated with the development to the ridge height of the proposed structures. Councilmember Lay suggested that staff apply the standard landscape conditions to a landscape plan requested for an over the counter approval project. In response to Councilmember Hill, Commissioner Witte explained that his suggestion that staff require a landscape plan for over the counter projects is driven by the desire to limit future view impairment issues. He also explained that he feels that the normal development standards should apply to over the counter projects. Commissioner Witte commented on the requirement that staff determine that a property can sustain a future stable during administrative approval. City Manager Nealis explained that this requirement is proposed in the draft Zoning Code which is currently under review by the City Council. Further discussion ensued regarding the proposal that staff require landscape plans during administrative approval. City Manager Nealis explained the process of reviewing administrative plans and that sometimes these plans are submitted by residents or their representatives with the expectation of taking them to the County for their building permits that same day. Those in attendance discussed how to best require landscape plans for over the counter projects and the discretion that staff would have to require a landscape plan. They discussed concerns about how extensive these plans should be. City Manager Nealis explained the sign-off certifications related to erosion control and roofing material and suggested that staff could create a similar statement for landscaping for over the counter projects. Councilmember Black commented on types of landscaping that residents may desire which may included trees that may block neighbors views in the future and indicated that for this reason he feels that a landscape plan for over the counter projects should be required. He stated that a landscape plan could cost$180.00. Discussion ensued regarding the suggestion of requiring a landscape compliance statement for administratively approved projects. City Attorney Jenkins summarized the issues and indicated that a statement could reflect if a resident does not have a landscape plan or does not intend to provide one then they cannot plant anything that violates the standard landscaping Minutes City Council/Planning Commission joint Meeting 10-11-04 -3- conditions such as native, drought resistant and not exceed a certain height. He said that this would be enforceable in the same manner as requiring a landscape plan. Commissioner Hankins commented on screening of swimming pools and indicated that she feels that this should be required. Mayor Heinsheimer indicated that he feels that there should be a clear indication to the public regarding these requirements and suggested that staff prepare a report incorporating the suggestions regarding landscaping for administratively approved projects discussed this evening. Mayor Pro Tem Pernell suggested that landscaping requirements should take fire safety into consideration. After discussion, staff was directed to prepare a report for the Commission to consider for recommendation to the City Council, regarding landscape plan/landscape compliance statement submittal procedures adhering to standard Commission landscaping plan requirements for projects that are administratively approved. CONSIDERATION OF SUBJECTS RELATIVE TO FIRE SAFETY: VEHICULAR ACCESS (DRIVEWAY) DIMENSIONS TO RESIDENTIAL PROPERTIES. BUILDING REGULATIONS RELATIVE TO SPARK ARRESTORS, ENCLOSED EAVES AND ROOFING MATERIALS. AUTOMATIC GAS SHUTOFF VALVES. POOL WATER ACCESS VALVES FOR THE FIRE DEPARTMENT. HIGH WATER CONTENT LANDSCAPING MATERIALS ADJACENT TO STRUCTURES AND OVER HANGING TREES. Councilmember Hill commented on landscaping materials and fire safety. He indicated that some native plants and shrubs are very flammable. He commented on driveways and concerns expressed by the Fire Department regarding long narrow driveways. He indicated that 20 ft. wide driveways would assist the Fire Department response should a fire occur and also provide off street parking on narrow roadways in the City. Councilmember Hill explained fire safety related to wood structures, exposed eaves and roofing materials. He indicated that in past fires stucco buildings with tile roofs have survived fires in other communities. Discussion ensued regarding the concerns regarding wood roofs in the City. Councilmember Lay suggested that consideration should be given a time limit for replacements of wood roof for residences that still have them. Discussion ensued regarding spark arrestors. Councilmember Hill suggested that spark arrestors made from stainless steel are best and that they need to cover the entire stack. It was suggested that an article be placed in the Citywide Newsletter regarding spark arrestors. Councilmember Lay indicated that residents should give consideration to placing pool water access valves on their swimming pools. Discussion ensued regarding building regulations and enclosed eaves. Commissioner DeRoy indicated that there is strong opposition to this from the architectural committee. She indicated that she feels that stucco and enclosed eaves would take away from the ranch style look of homes in the City. Councilmember Hill commented on how stucco can be made to look like other materials. Discussion ensued regarding the benefits of automatic gas shutoff valves. Councilmembers and Commissioners discussed pool water access valves. In response to Mayor Heinsheimer, Councilmember Hill indicated that he would be willing to determine how the City could move forward to encourage residents to install pool water access valves. Councilmember Black commented on information he had received from Mr. Dave Breiholz regarding these types of devices. , Discussion ensued regarding types of plants that are fire retardant. Minutes City Council/Planning Commission joint Meeting 10-11-04 -4- After discussion, staff was directed to place an article in the Citywide Newsletter advising residents to have their chimney spark arrestors inspected for safety and the benefits of stainless steel spark arrestors. OPEN AGENDA -APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM THE CITY COUNCIL AND THE PLANNING COMMISSION Councilmembers commended and thanked the Commission for the excellent job they have done in maintaining the rural atmosphere of the City. The City Council also commended the Commission on the excellent job of updating the Zoning and Subdivision Codes. Discussion ensued regarding the character of the City and how the Commission can assist in maintaining the rural atmosphere of Rolling Hills. Councilmember Lay commented on the trend of requests for encroachment into the front and side yard sefbacks. He indicated that these requests are usually associated with the remodeling of existing homes. Councilmember Lay expressed concern for projects that exceed the disturbed area. Chairman Sommer commented on the larger size home applications that the Commission has reviewed. In response to Chairman Sommer, City Manager Nealis indicated that at least twice a year he addresses the local real estate associations and explains local development standards. He indicated that several times a year a real estate certification class visits City Hall and that he and the Planning Director explain the development standards to them as well. Commissioner DeRoy indicated that.she worries about the course of the City of the long term. She comrnented on the trend for basements and that she feels they are done to increase the pad size. She requested that staff determine how much the City has grown within the last 10 years. Mayor Heinsheimer indicated that he feels that the City has remained static over the years. He indicated that he feels that basements will ultimately serve to maintain the feeling of the City for the next 30 years, because homes tend to be rebuilt every 30 years. Councilmember Lay encouraged the Commission to protect the setbacks and graded areas. Commissioner DeRoy commented on electrical lines and septic systems and their long-term impact. Mayor Heinsheimer indicated that the population of the City has not grown much over the years. He indicated that the water system had been upgraded in the City. Councilmember Black commented on the pros and cons relative to the Zoning and Subdivision Code updates that had been provided to the Commission. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY At 10:20 p.m., City Attorney Jenkins reported that an item related to existing litigation had come to his attention after the agenda materials were posted and delivered to the members of the City Council and therefore, requested that a City Council closed session item be added to the agenda by a four-fifths vote of the City Council. Councilmember Lay moved that this item be placed on this evening's agenda. Mayor Pro Tem Pernell seconded the motion, which carried unanimously. The closed session was held for the City Council. 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 action was taken in closed session. Minutes I�I City Council/Planning Commission �I joint Meeting 10-11-04 -5- ADTOURNMENT � Hearing no further business before the City Council or Planning Commission, at 10:26 p.m. Mayor Heinsheimer adjourned the City Council meeting to the next regularly scheduled meeting of the City Council to be held on Monday, October 25, 2004, beginning at 7:30 p.m. (Planning Commission adjourned prior to the Closed Session to an adjourned regular meeting scheduled to be held on Tuesday, October 19, 2004 at 5:30 p.m. for the purpose of conducting a field review at 20 Eastfield Drive) in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � Marilyn Kern Deputy City Clerk Approved, � d V Thom H insheimer Mayor , �• Roger So mer Chairman � � Minutes City Council/Planning Commission joint Meeting 10-11-04 -6-