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2/11/2008MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 11, 2008 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black 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, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: None. Others Present: Anton Dahlerbruch, City Manager. Mark Hensley, Assistant City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. 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. Regular Meeting of January 28, 2008. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Correspondence from Cox Communications regarding rate changes of select Cox services. RECOMMENDATION: Receive and file. Mayor Pro Tem Hill moved that the City Council approve the items on the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATIONS FOR TRAFFIC IMPROVEMENTS PERTAINING TO ADDITIONAL STRIPING AND THE REMOVAL OF DELINEATORS ON MIDDLERIDGE LANE SOUTH City Manager Dahlerbruch provided information about two traffic accidents that occurred on Middleridge Lane South involving a telephone pole in the vicinity of 27 Middleridge Lane South. He reported that staff had asked Edison to move or underground the pole but that they declined. He reported that Edison had placed bollards next to the pole to protect it and had placed additional reflective strips to make the pole more visible. He further reported that the accidents prompted staff to have the Traffic Engineer review the location and provide a recommendation to the Traffic Commission. He explained the Traffic Commission's recommendation to establish additional striping and the removal of delineators on Middleridge Lane South. Councilmember Heinsheimer moved that the City Council approve the recommendations of the Traffic Commission and Traffic Engineer for the reduction of the number of delineators, the addition of white edge -line striping and yellow reflective pavement markers on the skip yellow centerline in' the vicinity of 27 Middleridge Lane South. Councilmember Pernell seconded the motion. Minutes City Council Meeting 02/11/08 -1- Discussion ensued regarding Edison's reluctance to move or underground the pole. Mr. Scott Gobble, Southern California Edison Company, explained that Edison engineers reviewed the site and made a determination that there was no reasonable rationale for moving or undergrounding the pole. He commented on the number of years the pole has been at the location and stated that Edison believes that the bollards and additional reflective strips are sufficient for a driver who is obeying the traffic regulations and driving safely in the area. The Mayor commented on the City's goal to minimize the number of utility poles, concrete bollards and reflective strips to keep the City as rural as possible. Following a brief discussion regarding the recommendations and safety, the motion carried unanimously. PUBLIC HEARINGS ORDINANCE NO. 309. CONSIDERATION OF AN ORDINANCE TO MODIFY EXTERIOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE Planning Director Schwartz presented the staff report providing background regarding the City's exterior lighting standards which were created to minimize exterior lights with the goal of maintaining the rural character of the community. She explained the Planning Commission review and recommendations relative to the proposed ordinance and provided background information regarding public input received from residents during the Planning Commission review process as well as public input from residents received since the Planning Commission recommendation that the City Council adopt the proposed ordinance. She indicated that correspondence had been received from the RHCA Architectural Committee requesting to further review and comment on the proposed ordinance before its adoption. It was noted that additional correspondence from residents that was received after the agenda was posted and delivered to the Council has been placed before the Council this evening and has been made available to the public. Planning Director Schwartz indicated that the ordinance could be further amended to include some of the resident suggestions if the City Council wishes. Planning Director Schwartz further explained each of the sections in the proposed ordinance highlighting the modifications that had been made during the Planning Commission review. A suggestion was made that the ordinance specifically preclude up -lighting. City Manager Dahlerbruch commented on a clause added to Section 2 relative to Minor Modification for Special Lighting at the request of the RHCA Architectural Committee that states that the Planning Commission may approve or conditionally approve a minor modification application if it finds that it is warranted due to superior architectural design. He indicated that the Architectural Committee has requested to further review the ordinance and make comments. Councilmembers discussed the input from the public and welcomed their participation. It was suggested that the testimony be limited to the considerations that were part of the Planning Commission process. Comments were offered regarding the original intent of the ordinance to not have light spilling out of properties onto adjacent properties and roadways. Councilmembers briefly discussed the 2001 ordinance and the issue of up -lighting. Councilmembers commended the Planning Commission for their work on this matter. Mayor Black opened the public hearing and called for testimony. Mr. Lynn Gill, 31 Chuckwagon Road, stated that he provided correspondence to the City Council outlining his suggestions relative to the proposed ordinance. Mr. Scott Gobble, Southern California Edison Company, urged the City Council to encourage energy conservation in the ordinance. He commented on the use of CFL light bulbs and indicated that the South Bay Energy Savings Center would advise residents on energy efficiency matters. Dr. Juan Corredor, 7 Wideloop Road, commented on the lighting of the driveway to his home and expressed concern about the effect the proposed ordinance would have on security and safety. Minutes City Council Meeting 02/11/08 -2- 1 1 L Dr. Peter Parsa, 55 Crest Road East, commented on the correspondence he provided to the City and his concerns regarding the darkness of the city and the effect the proposed ordinance would have on security and safety. He also expressed concerns regarding residents driving and walking during times of darkness. Dr. Parsa commented on the enforcement of the proposed ordinance. Comments were offered regarding the existing ordinance and the modifications being proposed to make the ordinance more in keeping with what exists in the city today and the intent of the original ordinance adopted in 2001. It was noted that some wattages are proposed to be increased compared to the original ordinance. Mr. Ty Bobit, 10 Buggy Whip Drive, commented on concerns that had been expressed regarding security and stated that he feels that security lighting should be allowed at a higher wattage. He indicated that he feels that burglaries would occur whether properties were lighted or not. He expressed that he would appreciate being able to light his backyard for nighttime entertaining and barbecuing. He expressed support for the grandfathering clause. Mrs. Sue Breiholz, 6 Upper Blackwater Canyon Road, commented on security lighting and stated that she feels that it should be allowed to remain on for as long as needed. She also commented on the pathway lighting and stated that she feels that spacing of pathway lights should be closer that 20 feet apart. Mr. Bill Rogers, RHCA Architectural Committee, indicated that the Committee would like to further review the ordinance and provide comments especially pertaining to lights on structures. He also commented on concerns regarding security and mentioned how low the crime statistics are for the city. He indicated that he feels that exterior lighting would prevent burglaries. Mr. Rogers explained the Committee's review of lighting plans for properties. He said that the Committee makes sure that each light has a task and that there are not too many lights. Mr. Jeff Pieper, 3 Eucalyptus Lane, stated that he feels that the light bulb wattages outlined in the ordinance make sense and explained a lighting test he conducted at his residence. He suggested that the language in the ordinance be less descriptive so that it does not create loopholes. He commented on security and stated that the feels that lighting would deter thefts. Mr. Brad Chelf, 59 Crest Road West, commented on his attendance at the Planning Commission public hearing regarding the proposed ordinance and stated that he feels that the Planning Commission did a good job analyzing the matter and that their suggestions are reasonable. He also stated that as he drives through the city during times of darkness that he does not see an issue with lighting. He indicated that he feels that clarification of the ordinance would make it easier to enforce should there be a complaint filed with the city. Comments were offered that the exterior lighting ordinance is abused by very few people but those infractions of the ordinance are very obvious as you drive through the city at night. Mr. Chelf noted that the Planning Commission was very sensitive to the suggestions offered by the residents during their review of the matter. Mr. Burt Balch, 6 Hackamore Road, stated that he feels that the city should offer an inspection process for residents who do not know if they comply with the exterior lighting ordinance. He said he would especially appreciate an inspection before he provides comments on the proposed ordinance. Mr. Richard Colyear, 35 Crest Road West, commented on up -lighting and stated that he feels that address signs should be allowed to be up -lighted for better visibility for visitors. He commented on the grandfathering of fixtures lawfully installed and indicated that a graphic on a previous flyer created by the city may have confused residents and queried whether these fixtures would be considered lawful. Mr. Spencer Karpf, 14 Caballeros Road, commented on the material he submitted during the Planning Commission review of the proposed ordinance and commended the Planning Commission and staff for their efforts related to this matter. He explained his suggestions regarding up -lighting and grandfathering certain fixtures. He commented on properties in the City that may be egregiously out of compliance and indicated that he would like to see the grandfathering language made clearer so that there will not be any loopholes. Councilmembers discussed the comments offered relative to precluding up -lighting, inspection process for residents who do not know if they comply, permitting pilaster lighting Minutes City Council Meeting 02/11/08 -3- with RHCA approval, clarification of the minor modification section and the non -conforming light fixtures and light bulbs section and addressing the changing energy technologies. The Council further discussed the ordinance as recommended by the Planning Commission. It was suggested that the language in the ordinance remain the same but that the format be revised to have Part 1 state the goals and objectives of the ordinance, Part 2 state what is permitted and Part 3 pertain to lawful installations. Hearing no further discussion and no objection, Mayor Black continued the public hearing to the regular meeting of the City Council to be held on Monday, March 10, 2008. Staff was directed to revise the format of the ordinance with the same information so that it is clearer to the reader for City Council further review. OLD BUSINESS CONSIDERATION OF A LETTER TO THE RANCHO PALOS VERDES CITY COUNCIL CONCERNING THE USE OF TRAILS IN THE CANYON TRAILS AND FORRESTAL ECOLOGICAL RESERVE Discussion ensued regarding the draft letter presented to the City Council and the Municipal Code Section that prohibits bicycles and motorized vehicles on trails in the City. Concerns were expressed about the designation of trails in the City of Rancho Palos Verdes as multiuse that are proposed to dead end at the Rolling Hills City Limits. Concerns were also expressed that the dead end trail designation would not preclude a bicycle rider from entering the trail system in Rolling Hills. Councilmembers discussed that some trails in Rolling Hills traverse private property. Councilmembers also discussed the letter that the RHCA is proposing to send to the City of Rancho Palos Verdes. Following the discussion, Councilmembers directed staff to amend the letter to address the current trail maps that are available that show trails that go through the city and to replace the third paragraph with language similar to the language in the RHCA letter. It was suggested that the Mayor Pro Tem discuss this matter with the Mayor of Rancho Palos Verdes during the monthly Mayor's meeting. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. NEW BUSINESS RESOLUTION NO. 1034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING A 25% SURCHARGE ON LOS ANGELES COUNTY BUILDING AND SAFETY DEPARTMENT FEES FOR AN ALTERNATIVE BUILDING AND SAFETY PERMITTING PROCESS THROUGH A CITY -APPROVED CONSULTANT AND AMENDING RESOLUTION NO. 496 AND RESOLUTION NO. 931. City Manager Dahlerbruch provided brief comments regarding Resolution No. 1034. Hearing no discussion, Mayor Black called for a motion. Councilember Heinsheimer moved that the City Council adopt Resolution No. 1034. Councilmember Lay seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL SUBCOMMITTEE REGARDING APPOINTMENTS TO THE ROLLING HILLS TRAFFIC COMMISSION (ORAL) Mayor Pro Tem Hill announced that a letter had been received from Traffic Commissioner Don Robertson indicating that he is resigning from the Commission due to health reasons and explained that the Personnel Subcommittee recommends that Patrick Wilson be appointed to fill Mr. Robertson's unexpired term, till January 2009 and that V'Etta Virtue and Val Margeta be re -appointed to the Commission. He stated that Mr. Wilson was the only resident submitting a letter of interest to serve on the Traffic Commission and that the Subcommittee felt he was qualified. Mayor Pro Tem Hill moved that the City Council reappoint Traffic Commissioners V'Etta Virtue and Val Margeta to 4 -year terms on the Traffic Commission and appoint Patrick Wilson to fill the unexpired term which expires on January 1, 2009. Councilmember Lay seconded the motion which carried unanimously. Minutes City Council Meeting 02/11/08 -4- CONSIDERATION OF A RECOMMENDATION FROM THE PERSONNEL SUBCOMMITTEE REGARDING APPOINTMENTS TO THE ROLLING HILLS DISASTER PREPAREDNESS (ORAL) The Personnel Subcommittee Members commented on the number of residents who expressed a desire to serve on the Disaster Preparedness Committee and provided the list to the Council. They indicated that the list includes Block Captains and CERT Members as well as two residents who submitted letters of interest in response to the Citywide Newsletter announcement. Mayor Pro Tem Hill moved that the City Council appoint Don Gales, Ron Sommer, Gene Honbo, Scott Holt, Charles Aylesbury, Ed Swart, Donovan Black, Marion Ruth, Kay Lupo, Leslie Stetson, Dave Breiholz, Sue Breiholz, V'Etta Virtue, Diane Montalto, Richard Colyear, Terry Reiter and Susan Chung to serve as the City's Disaster Preparedness Committee. Councilmember Lay seconded the motion which carried unanimously. Mayor Black commented on the construction agreement for 17/18 Portuguese Bend Road that requires that before a Certificate of Occupancy is issued that the utilities must be placed underground. He reported that the property is being advertised for sale. City Manager Dahlerbruch reported that staff has sent correspondence to the property owner and the real estate representative reiterating the conditions relative to underground utilities in the subdivision agreement. Staff was directed to research how the construction agreement can be recorded. MATTERS FROM STAFF CONSIDERATION OF CROSSWALK IMPROVEMENTS ON PORTUGUESE BEND ROAD BETWEEN CITY HALL AND THE TENNIS COURTS City Manager Dahlerbruch presented the staff report providing background regarding the proposed stamped crosswalk that was a part of the Women's Community Club's Main Gate Beautification Project. He explained that the existing crosswalk had been completed before the City's Anniversary Celebration and the costs associated with the proposed new stamped crosswalk. It was explained that the RHCA might wish to complete this project since they control access on the road and provide roadway maintenance. It was noted that a stamped/ painted crosswalk might be difficult to maintain. Councilmembers discussed that in most cases the crosswalk is not being used. Following the discussion, the City Council authorized a grant of $5,000 in support of a new stamped crosswalk if the RHCA/Women's Community Club Beautification Committee is interested in pursuing the project on their own. 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) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. G.C. 54956.9(a) Jonas, et al. v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC033955. G.C. 54956.9(a) Freeman v. City of Rolling Hills, et al., Los Angeles County Superior Court Case No. YC054015. No closed session was held. Minutes City Council Meeting 02/11/08 -5- ADTOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:30 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, February 25, 2008 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, M4� Marilyn Kern Deputy City Clerk Ap d, James Plack Mayor Minutes City Council Meeting 02/11/08 -6- T'V_ 'Ojvt" 1 1 1