Loading...
12/22/1986LO LL m Q ,1 .41wJMDJ 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 C 0C. &"" e - City Clerk V 1: 4i �, 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. 11 1 391 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. -2- ro,1; j 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 -3- 393 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 -4- REE 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 -5- 395 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. LL 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. a M. 396 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. jl� �• n^ City Clerk APPROVED: Mayor -7-