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MINUTES OF AN
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
December 22, 1986
An adjourned meeting of the City Council of the City of Rolling
Hills was called to order by the City Clerk at 3:30 p.m. Monday,
December 22, 1986 in the City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
PRESENT: None
ABSENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Mayor Pro Tem Swanson, Mayor Pernell
ADJOURNMENT
The meeting was adjourned at 3:35 p.m. due to lack of a quorum
to the next regular meeting on Monday, January 12, 1987 at 7:30
p.m.
APPROVED:
Mayor
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City Clerk V
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MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
January 12, 1987
A regular meeting of the City Council of the City of Rolling
Hills was called to order at the Administration Building, 2
Portuguese Bend Road, Rolling Hills, California by Mayor Pernell
at 7:30 p.m. Monday, January 12, 1987.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
None
Terrence L. Belanger
Michael Jenkins
June Cunningham
Capt. Elmer Omohundro
Robert Brown
Kay Finer
Sgt. McGruff
Ann Johnson
Douglas McHattie
Roy Campbell
Ann Carley
Mr. & Mrs. C. Caldwell
William Cross
Dr. & Mrs. R. Hoffman
Becky Raine
City Manager
City Attorney
Deputy City Clerk
Sheriff's Lomita Station
Southern Calif. Edison
Neighborhood Watch, Inc.
Palos Verdes Estates
Los Angeles Times
South Bay Engineering
Resident
Councilwoman Murdock moved that items on the Consent Calendar
be approved. The motion was seconded by Councilwoman Swanson and
carried unanimously.
APPROVAL OF MINUTES
The minutes of meetings on December 8, 1986 and December 22,
1986 were approved and accepted as presented.
FINANCIAL STATEMENT
The Financial Statement for November 1986 was approved and
accepted as presented.
PAYMENT OF BILLS
Demands No. 1789 through 1807 were voided, Demands No. 1808
through 1820 and 1822 through 1851 in the amount of $34,085.89
were approved for payment from the General Fund and Demands No.
1821 and 1842 totalling $585.34 were approved for payment from
the Municipal Self Insurance Fund.
PRESENTATION, NEIGHBORHOOD WATCH,PROGRAM
Mayor Pernell introduced Kay Finer, President of Neighborhood
Watch, Inc. of Palos Verdes Estates, who was present with McGruff,
the official mascot for Neighborhood Watch, Inc. Mrs. Finer
addressed the Council and expressed appreciation for participation
by the City of Rolling Hills in the Neighborhood Watch Program,
and for assisting in sponsoring a program in May 1986 in recognition
of Neighborhood Watch Month. A video tape of that evening's
presentation, a demonstration by former criminal Mike McCabe, was
presented to the City for use in demonstrating the value of the
Neighborhood Watch Program. Mayor Pernell thanked Mrs. Finer for
the tape, which was then presented to Mrs. Ann Carley, in -coming
president of the Rolling Hills Women's Community Club, to be shown
at neighborhood meetings in the community.
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January 12, 1987
STATUS OF FLYING TRIANGLE, KELLY PROPERTY 140
The City Manager said that in reporting on the status of the
Flying Triangle, he wished to bring to the Council's attention
the order issued on November 24, 1986 to Dr. Larry Kelly, 2 Pinto
Road, concerning abatement of a nuisance on his property consisting
of debris from his residence which has been affected by the
landslide, causing it to collapse. Mr. Belanger reported that
to date the abatement has not taken place, and it was his
recommendation that the Council direct staff to contact the owner
of the property by certified letter, advising that unless the debris
is removed within ten days of receipt of the letter it will be
removed by the City at the expense of the owner. In response to
inquiries by the Mayor, Mr. Belanger said the property has been
declared a public nuisance by the Department of Building and Safety
based on findings that it presents a hazard to public safety, and
is a fire hazard as well. Proper notice has been given the owner
of the property, and he has failed to respond, the Manager said.
Mayor Pernell asked the City Attorney to advise the Council whether
(o there are options to the action recommended by the City Manager.
Lo Mr. Jenkins said findings have been made, and it is appropriate
0) to require the owner of the property to comply with the Council's
LL order to abate the nuisance.
co . Councilman Heinsheimer moved that staff be instructed to proceed
with the abatement procedure as recommended. The motion was seconded
by Councilwoman Swanson and carried unanimously.
STATUS OF SANITARY SEWER FEASIBILITY STUDY 200
The City Manager reported that he has received seven responses
to the City's request for proposal for a sanitary sewer feasibility
study. Mr. Belanger said the next step is to have the seven
responses reviewed and evaluated by the County Sanitation District,
with a request that the Sanitation District recommend three or
four firms to be interviewed by a panel appointed by the City
Council. Mr. Belanger said the process as he described it is a
typical process used for selection of such services, and is an
important preliminary step to a more comprehensive engineering
undertaking of a sanitary sewer system.
Councilwoman Swanson said that with reference to the Manager's
recommendation that the City Council appoint a board to review
the proposals, she wished to suggest that the full Council sit
on the Board, since it is potentially the largest public works
project that the City will undertake in the forseeable future,
and the City Council members should participate in the decision
about who will be retained by the City, taking into consideration
the recommendations of the County Sanitation District and staff.
Further, Councilwoman Swanson urged that consideration be open
to the public for purposes of providing information. Councilwoman
Leeuwenburgh said she agreed with the recommendation, stating that
it is her opinion that all members of the Council should be involved.
Councilman Heinsheimer said such deliberation is competetive between
firms submitting proposals, and to open it would defeat the
competetive nature of the bids. He suggested that in addition
to members of the Council, the panel include residents who express
an interest in taking part in the interviewing process. Mayor
Pernell said the technical competance of firms that have responded
should be judged by the City's technical and engineering advisors
and staff; in addition consideration should be given to any unique
aspects of the responses, also the cost, and finally the
compatibility of the responding firms with the community. Mayor
Pernell said he doesn't think the entire City Council needs to
be involved in the total process; after an initial screening process
the Council can enter into the final two or three steps. Councilman
Heinsheimer said the proposals could be ranked by the City Council
after an initial evaluation by technical staff, based on the
proposals.
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January 12, 1987
Mayor Pernell asked who should establish criteria for the
selection process. Councilman Heinsheimer said criteria should
be established before the bids are considered, and should be
developed by the committee before proceeding with their
consideration. Further, he said the Council can accept the
recommendations of the committee after the ranking process has
been completed, but is not obligated to do so. Mayor Pernell asked
the City Manager to comment. Mr. Belanger said that in terms
of selecting a professional service in a process where a committee
screens the qualifications of firms submitting bids and makes a
recommendation to the City Council, the procedure is a familiar
one to firms that offer the professional service. He said the
panel is seldom a committee of the whole, but usually comprises
a cross section of staff, Council members, and others responsible
for evaluating the proposals. He said the procedure is not governed
by the Government Code, and can be handled in different ways. The
City Attorney agreed. Mayor Pernell said there has been an
indication of strong interest by some members of the Community,
and he noted that Dr. Richard Hoffman has expressed such interest,
and is present at the meeting. Councilwoman Murdock said anyone
who is interested should be given an opportunity to review the
proposals and submit their comments to the staff for transmittal
to the Council. Councilwoman Leeuwenburgh said she thought all
members of the Council should be on the panel, in addition to
interested residents and staff, and she suggested that there are
people in the community who are qualified to serve because of their
hands-on experience. Councilman Heinsheimer suggested that to
keep the panel at a workable number the original committee consist
of one resident, one staff member, and a representative of the
City Council, Community Association and Sanitation District, with
the understanding that the committee can be expanded if necessary.
Further, he suggested that the panel be advisory in concept, that
they be asked to review the proposals and bids, establish a ranking
order and make their recommendations to the Council at the earliest
opportunity. Mayor Pernell so ordered, and said he would contact
the Community Association and ask that a representative be
designated. The Mayor asked for a member of the Council to volunteer
to serve with the City Manager and Dr. Richard Hoffman, who indicated
his willingness to serve as a representative of the community.
Councilwoman Leeuwenburgh volunteered to serve as Council
representative, and Councilwoman Murdock said she would also attend
the meetings to ensure coverage in Councilwoman Leeuwenburgh's
absence. Mayor Pernell appointed Councilwoman Leeuwenburgh Chairman
of the committee, and authorized expansion of the committee if
it is deemed necessary. The Mayor ordered the matter held on the
agenda for a report at the next regular meeting of the City Council.
OPEN AGENDA
Mayor Pernell invited comment from persons present on any
item on which they wish to comment which has not been scheduled
on the meeting agenda. There was no one present who wished to
address the Council, and the meeting proceeded.
ZONING CASE NO. 334, MARTINOV - ADOPTION OF RESOLUTION 670
A resolution ratifying the recommendation of the Planning
Commission that a request for a Variance of front setback
requirements be approved and a request for a Variance of height
limitation requirements be denied for Lot 17 -CF, Mr. and Mrs. Victor
Martinov, 33 Chuckwagon Road was presented to the Council. The
City Manager recommended that in Section 5, paragraph . 5 and 6
be modified by deleting "split-level" and inserting "multi-level".
RESOLUTION NO. 557
Councilwoman Murdock moved that Resolution No. 557 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
APPROVING A FRONT YARD SETBACK VARIANCE AND DENYING A HEIGHT VARIANCE
IN ZONING CASE NO. 334 be adopted, and that reading in full be
waived. The motion was seconded by Councilwoman Leeuwenburgh and
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January 12, 1987
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Mayor Pernell
NOES: Councilwoman Swanson
ABSENT: None
PLANNING COMMISSION APPROVALS, DECEMBER 16, 1986 726
Zoning Case No. 336, Craiq Caldwell, 1 Georqeff Road
In a staff report to the City Council the City Manager advised
that at a regular meeting on December 16, 1986 the Planning
Commission approved on a split vote -(3 affirmative votes, 2 negative
votes) a request by Mr. and Mrs. Craig Caldwell , 1 Georgeff Road,
for a Variance of height limitation and a Conditional Use Permit
for construction of a detached structure on their property, Lot
57A -1 -MS, which is proposed to contain a recreational facility
LO and stable facilities. Mr. Belanger explained that the Municipal
Q) Code permits construction of a stable with a loft which must be
(L utilized exclusively for the storage of feed, tack, and stable
m equipment. Because of the proposed mixed use of the 2400 square
Q foot structure, a Variance of height limitation is required, as
well as a Conditional Use Permit for a detached recreation building.
The Manager said staff had recommended that the request be denied;
it was approved following two public hearings and an on-site field
trip.
Councilwoman Murdock moved that the City Council appeal the
decision of the Planning Commission and take jurisdiction in the
matter. The motion was seconded by Councilman Heinsheimer and
carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Swanson, Mayor Pernell
NOES: None
ABSENT: None
Mayor Pernell set a public hearing on the matter for the next
regular meeting of the City Council on Monday, January 26, 1987
at 7:30 p.m.
Zoning Case No. 338, Orrin Pollock, 5 Morgan Lane
In a staff report to the Council the City Manager advised
that at a regular meeting on December 16, 1986 the Planning
Commission unanimously approved a request by Mr. Orrin Pollock
for a Conditional Use Permit for construction of a guest house
on Lot 170C -6 -MS located at 5 Morgan Lane. The Manager said the
decision was arrived at after the Planning Commission conducted
two public hearings and made an on-site field inspection and
determined that the proposed guest house meets all requirements
of the City's Zoning Ordinance and Municipal Code. The information
was received for the file.
Councilman Heinsheimer noted that the Pollock property is
the first property to be developed in the Chacksfield Merit Homes
subdivision, and he suggested that the Planning Commission be asked
to look carefully at all requests for Variances and Conditional
Use Permits submitted for that undeveloped area to avoid future
problems.
PROPOSED ORDINANCE, SITE PLAN AND DESIGN REVIEW PROCESS
The City Manager presented a proposed ordinance entitled AN
ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A SITE PLAN
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January 12, 1987
AND DESIGN REVIEW PROCESS IN THE ZONING ORDINANCE AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE. The Manager explained that the
proposed ordinance provides for a process that would require that
most, if not all, development proposals within the community would
be reviewed by the Planning Commission and the City Council. It
was the Manager's recommendation that if the Council wishes to
pursue the matter the proposed ordinance be referred to the Planning
Commission for review and comment.
Councilwoman Murdock said that on the bottom of page 2 of
the proposed ordinance there is a note reading: (Add here additional
design standards) and she asked at what point it would be appropriate
for the Council to add additional design standards, before or after
review by the Planning Commission. Mr. Belanger said it would
be appropriate for the Council to make additions after review by
the Planning Commission. Mayor Pernell said the proposed ordinance
addresses construction, also expansion, addition, alteration or
repair to existing buildings. He asked whether it would be feasible
to implement or activate the ordinance when property changes
ownership. The City Attorney explained that the ordinance is
basically designed to monitor aesthetics and site planning in
connection with construction of new structures or substantial
modification of existing structures, to ensure that there is
compliance with current architectural and aesthetic standards,
and is not designed to go beyond that point. Mayor Pernell said
he thought the ordinance should address functional as well as
aesthetic considerations, and the City should be informed
automatically, through implementation of an ordinance, of any
existing non-compliance with existing building codes or ordinances.
Mr. Jenkins said he has drafted another ordinance that addresses
those concerns, and which could be used simultaneously. Mr. Belanger
said the Planning Commission will be reviewing two proposed
ordinances; one establishing a site plan and design review process
and one establishing building inspection requirements, which will
address the concerns expressed by Mayor Pernell. He explained
that the ultimate goal is for the City to have an oppurtunity to
review in advance plans which may conform to zoning requirements,
but which result in construction that, although in compliance with
City requirements and approved by the Architectural Committee of
the Rolling Hills Community Association, result in construction
which is not in keeping with the concept of the community, and
generate complaints by residents.. The City Attorney explained
that it is not the intent of the ordinance to create new policy,
but rather to provide a mechanism which will require that applicants
apply for discretionary approval by having such items as building
size and placement on the lot reviewed early in the process by
the City. Mr. Jenkins recommended that the City Council advise
the Planning Commission what things they want dealt with, and should
avoid duplicating any part of the process that is already covered
elsewhere. Mayor Pernell said a work session has been scheduled
for the Planning Commission and representatives of the City Council,
and he asked that staff work with the Planning Commission and convey
the intent of the City Council regarding the proposed new review
process.
Councilman Heinsheimer moved that the proposed ordinance be
referred by the Council to the Planning Commission. The motion
was seconded by Councilwoman Murdock and carried unanimously.
MATTERS FROM THE CITY COUNCIL
YOUTH ON PARADE
Mayor Pernell reported that he represented the City of Rolling
Hills in the Youth on Parade festivities on Saturday, January 10,
1987, commenting that it was a nice Peninsula function.
SCAG GENERAL ASSEMBLY
Councilwoman Swanson said she plans to attend the SCAG General
Assembly on January 29, 1987 as voting delegate for the City of
Rolling Hills. There will be consideration of increasing dues
from .02% per capita to .03% per capita. It was noted that the
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January 12, 1987
proposed increase from 2C to 3� percapita of member cities population
is a 50% increase in dues.
APPOINTMENT TO TRANSPORTATION AND PUBLIC WORKS POLICY COMMITTEE
Councilwoman Swanson informed the City- Qpunci-1 that she has
been appointed to the Transportation and Public Works Committee
for the State of California by the President of the League of
California Cities. Mayor Pernell congratulated Councilwoman Swanson.
MEETING WITH SCHOOL DISTRICT REPRESENTATIVES
Councilwoman Murdock reported that she and Mayor Pernell met
with Jack Bagdasar and Martin Dodell, members of the School Board,
to discuss the La. Cresta School site and preparations being made
for disposal of the site. Although nothing has been decided,
Councilwoman Murdock said it was an informative meeting - and an
effort is being made to keep the lines of communication open and
consider certain options. She said a committee will be appointed
Lo Which will include representatives of the City, Community
Association, the community -at -large and the School District before
0) any action is taken.
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co Mayor Pernell said the School District is sensitive to the
< concerns of the cities and scheduled the meeting to report on their
use of the La Cresta School site, as they had agreed to do, and
to ascertain the level, of satisfaction in the City of that use
in order to determine future use of the site. Mayor Pernell said
he conveyed the City's satisfaction with the current use of the
site, and discussion of possible uses for the remainder of the
site ensued.
STUDENT AND THE LAW PROGRAM
Councilwoman Murdock reported that she has been appointed
by Regional Law Enforcement to a sub -committee to observe and
evaluate the "Student and the Law" program recently approved by
cities participating in the Regional Law Enforcement program at
Rolling Hills High School and Rancho Del Mar High School. A report
will be sent to the Mayor after it has been signed by other members
of the sub -committee. Councilwoman Murdock said it was her
impression that it is a valuable program and is having good results.
SHERIFF'S REGIONAL IDENTIFICATION PROGRAM
Councilwoman Swanson said she has received an invitation sent
to all Council members for the Sheriff's Regional Identification
Program. Captain Omohundro said the program will take place on
January 27 and 28, 1987.
AIR QUALITY MANAGEMENT DISTRICT
Councilman Heinsheimer reported that the Air Quality Management
District may be undergoing significant re -structuring, and he said
information is being sent to all City Councils.
MATTERS FROM STAFF
Contract Cities Legislative Conference
The City Manager reported that the annual Contract Cities
Legislative Conference will be held in Sacramento January 20 -
January 22, 1987, which conflicts with the Annual Meeting of the
Rolling Hills Community Association.
30TH BIRTHDAY, CITY OF ROLLING HILLS
The City Manager said the City of Rolling Hills was incorporated
on January 25, 1957, and he suggested that the City's 30th Birthday
be noted at the next regular meeting on Monday, January 26. Staff
was asked to include theinformationin the next Newsletter.
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January 12, 1987
REALTY ADS RE:TENNIS COURTS
Councilman Heinsheimer said properties in Rolling Hills continue
to be advertised with the statement that there is room for a tennis
court; he asked whether an effort has been made to request that
realtors refrain from using the statement, which may be factually
true, but also misleading, given the conditions required for approval
of tennis courts, and the existing moratorium on construction of
tennis courts. Mr. Belanger said he has written to the Realty
Boards, and continues to contact realtors when misleading information ,
is called to his attention.
PLANNING COMMISSION WORK SESSION
The City Manager said the Planning Commission will meet at
7:30 p.m. Tuesday, July 13, 1987 for a work session which will
also be attended by a sub -committee of the City Council and the
City Attorney. Mr. Belanger said Councilwomen Leeuwenburgh and
Murdock are the liaison members with the Planning Commission.
In discussing the 'meeting Mayor Pernell asked that emphasis
be placed on the fact that when requesting either a Variance or
Conditional Use Permit, the burden of proof is on the applicant,
who should furnish all facts necessary to the case so the Planning
Commission can judge each request based on facts submitted: The
Manager said the Planning Commission has discretionary powers,
and he agreed that there is a need for amendments to the process
of submitting applications so that all information pertinent to
the request is readily available to the Planning Commission:
Councilwoman Leeuwenburgh said it appears that in some recent
decisions the recommendation of staff has not been followed by
the Planning Commission, and it is her opinion that the Commission
should not override staff recommendations. Mayor Pernell asked
that the City Manager furnish to the City Council an analysis of
staff recommendations and votes by the Planning Commission relative
to the recommendations. Councilman Heinsheimer said there is a
provision for an applicant to appeal a denial by the Planning
Commission to the City Council. Councilwoman Swanson said it appears
the community would like a "helping hand" approach from the Planning
Commission. Councilwoman Murdock said the procedure for appearing
before the Planning Commission and requesting a Variance or
Conditional Use Permit cannot be casual, and she suggested that
the procedures need to be clarified. Councilman Heinsheimer said
applicants should understand that there are no short cuts, and
that such requests involve a long process. Councilwoman Swanson
suggested that members of the Planning Commission should be
encouraged to attend hearings before the City Council on an appeal
filed in connection with denial of a request by the Planning
Commission.
Mr. Belanger said there are seminars offered to members of
Planning Commissions by the League of California Cities, and
information on the training sessions will be given to the Planning.
Commission. The City Manager said a report of the work session
in the form of minutes of the adjourned Planning Commission meeting
will be available to the City Council at the next regular meeting:
ADJOURNMENT
The meeting was adjourned at 9:45 p.m. to the next regular
meeting on Monday, July 26, 1987 at 7:30 p.m.
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City Clerk
APPROVED:
Mayor
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