6/8/1987D
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
June 8, 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 Swanson
at 7:30 p.m. Monday, June 8, 1987.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Mayor Swanson
ABSENT: Councilman Pernell (arrived at 7:45 p.m.)
ALSO PRESENT: Terrence L. Belanger City Manager
Michael Jenkins City Attorney
L. D. Courtright City Treasurer
Kathy Uros Secretary
Capt. Dennis Gillard Sheriff's Dept.
Ann Johnson Los Angeles Times
Ann Carley Resident
William Cross Resident
CONSENT CALENDAR
The City Manager said the Financial Statement for May 1987
was included on the agenda in error and should be removed from
the Consent Calendar. The Mayor so ordered. Mayor Swanson asked
that the minutes of the meeting on May 26, 1987 be removed from
the Consent Calendar for discussion. Payment of Bills remained
on the Consent Calendar and the item was approved on a motion
made by Councilwoman Murdock, seconded by Councilman Heinsheimer
and carried unanimously.
APPROVAL OF MINUTES
Mayor Swanson asked that STATUS OF FLYING TRIANGLE on page
1 be corrected in line 10 to read:" -----expenses for the
reconnaissance study." Delete: "that the representatives from
the City of"--. On page 2, first paragraph, line 8, change
"Council" to Counsel. On page 6, 8th paragraph, change "absent"
to "excused from the rest of the meeting"; on page 8, 4th paragraph,
change line 9 to read: "The City Manager stated that the volume
of dirt moved---"; in the same paragraph, change the final sentence
to read: "The City Manager responded that the hours would be
included on the application", delete --"would not be included in
the ordinance". The minutes as amended were approved on a motion
made by Councilwoman Murdock, seconded by Councilman Heinsheimer
and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell
Mayor Swanson
NOES: None
ABSENT: None
ABSTAINED: Councilwoman Leeuwenburgh
PAYMENT OF BILLS
Demands No. 2117 through 2140 in the amount of $21,317.12
were approved for payment from the General Fund.
STATUS OF FLYING TRIANGLE
HR -6, Water Resources Bill
The City Manager reported that Mr. Del Smith, the Washington
lobbyist working for Rolling Hills and Rancho Palos Verdes, advised
him that HR -6 will be considered on June 9 by the Energy and Water
Resources Sub -committee in the House of Representatives.
1i
439
June 8, 1987
Aqreement With E. Del Smith & Co. for Legislative Advocacy
Mr. Belanger said he met with Mr. Del Smith, legislative
advocate, before the Council meeting to discuss an agreement between
Mr. Smith and the cities of Rancho Palos Verdes and Rolling Hills
in the implementation of HR -6, and a tentative agreement for the
joint services of the lobbyist will be presented to the Council
at the next regular meeting on June 22. Mayor Swanson ordered
the matter held on the agenda.
Abatement of Nuisances in Flying Triangle
The Manager reported that the County of Los Angeles has been
asked to prepare the appropriate notices to notify the owners
of the Barth, Brown and Clayton properties in the Flying Triangle
of the need to remove the foundations and other construction from
the properties, as they are hazardous and impede ingress and egress
in the area. Mr. Belanger said that when the notices are received
from the County they will be sent by Certified Mail to the property
LO owners.
0) CITY COUNCIL APPOINTMENTS
LL
Mayor Swanson said the tentative list of appointment of City
Q Council members to various committees has been distributed, and
in the absence of any request to have an assignment changed, the
appointments and assignments will stand as recommended.
DISCUSSION OF FIRE PREVENTION ACTIVITIES AND MEASURES
The City Manager reported that following disastrous fires
in northern California during the previous w6ek, similar to a
fire that occurred in Rolling Hills several years ago, and because
of a relatively dry year this year, following a few years of
relatively heavy rains, the serious fire situation has been brought
to the City's attention. The Manager said smoking is absolutely
prohibited in the City, including smoking in cars, and residents
will be reminded in the Newsletter of the extreme fire hazard,
and the need to bring properties into compliance with weed abatement
requirements. Further, approximately 40 letters were sent by
certified mail to residents and property owners who have not
complied, following notification of the City by the Fire Department,
following inspection of all properties for compliance with the
Municipal Code.
Mayor Swanson suggested that letters be sent via first class
mail to all residents and property owners advising them of the
fire hazards and urging compliance with requirements of the
Municipal Code.
Councilman Pernell joined the meetinq at 7:45'p.m.
PUBLIC HEARING
Mayor Swanson opened the continuation of a public hearing
on a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING
HILLS PERTAINING TO TENNIS COURTS, AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE. The Manager said that copies of the draft ordinance
were reviewed by the City Council at the meeting on May 26, 1987,
and copies of the proposed ordinance, amended to reflect the
Council's comments, have been distributed to members of the Council.
Mr. Belanger said one item that has not been addressed in the
ordinance is the volume of grading which will be permitted, stating
that a benchmark that could be readily ascertained for inclusion
in the ordinance is not available at this time. When the
information is developed, he said it will be incorporated in the
conditions of approval as a matter of policy.
Q►Z
M1, l; .'1
June 8, 1987
The City Attorney said the ordinance has been reorganized
so that various criteria which are similar in nature have been
grouped together in the document. Mr. Jenkins explained that
items 1 through 5 are zoning items which address lot size, lot
coverage and setbacks. The next set of numbers, 6 through 10,
pertain to grading; 11 and 12 address landscaping; 13 is a new
section dealing with lighting and 14 addresses noise. In discussing
the ordinance at the last meeting there was a concern about view
impairment. Mr. Jenkins said it was determined that view impairment
is a general problem that does not pertain to tennis courts only,
so it has been deleted from the ordinance and is being addressed
as a separate issue. He said he has written a letter to the City
Manager on the subject of view impairment, and copies have been
provided to the City Council. The City Attorney said the letter
outlines a policy that can be initiated immediately in all
discretionary permits, and provides some definitions to help with
the process. Mr. Jenkins said it will be applied to any tennis
court approval, but will not appear as part of the ordinance
regulating tennis courts. Further, Mr. Jenkins said that in his
letter he recommended that the Zoning Ordinance be amended to
incorporate view impairment standards to ensure that they will
be applied to any discretionary permit, as well as applying
City-wide, as a matter of law. Mr. Jenkins said there have been
changes in the language in paragraph 12 for clarification, 13
was added to make the prohibitions of lighting explicit, and 14
was added to give the Planning Commission and Council discretion
on appeal to impose any kind of appropriate noise standard. The
Attorney said that Section 2 states that all provisions of the
ordinance shall apply fully to all applications which were suspended
by the moratorium.
Councilman Heinsheimer suggested that wording from the
Attorney's letter should be included in the tennis court ordinance,
so an applicant would be alerted in advance of the requirements
relative to view impairment. Councilwoman Murdock said that in
paragraph 9 the wording is a bit awkward, stating that grading
shall be required. She suggested that the wording be changed
to state that grading must preserve the existing topography, flora
and natural features to the greatest extent possible to make it
less awkward. The City Attorney said the wording should be changed
to "any grading shall preserve---". Councilman Pernell said grading
does disturb the existing topography, existing flora and natural
features. Councilman Heinsheimer suggested that paragraphs 8
and 9 be incorporated. The Attorney said the wording could be
changed to read: "Any grading shall be minimized---". The City
Manager explained that the section pertaining to grading was
included because there have been cases where gentle slopes,
approximately 4:1 or 5:1 are proposed to be changed to 2:1 slopes
to accommodate a tennis court, and the intent of the requirement
is to preserve the natural slope to the extent possible.
In response to the Mayor's question, the City Attorney advised
that the ordinance should be introduced at this meeting and adopted
at the next meeting, in order to meet the time frame established
by the moratorium, and he said that grading requirements could
be determined, stating that it could be included at this time,
or by an urgency ordinance after further study. Councilman
Heinsheimer said it is important to include all criteria in the
ordinance so the intent of the Council is known to applicants,
and he recommended that paragraph 9 should address grading, 11
should address view obstruction and grading volume should be
included; he stated that it is easy to change the numbers, but
if the requirement is not included it will be a more difficult
change. Members of the Council agreed that the intent should
be included, but the number will require additional study. The
City Attorney suggested that the ordinance include the "volume
and extent" to enable the City Manager to arrive at a more
definitive figure. Councilwoman Leeuwenburgh said she has recently
had grading done on her property and is now aware of the implication
-3-
443
June 8, 1987
of specific limitations without a provision for relief, and she
would not be in favor of a .,,specific figure. Councilman Pernell
said inclusion of restrictions would"apply to tennis courts only.
Councilman Heinsheimer suggested that in section 7 the words "and
shall not exceed 750 cubic yards" be inserted, leave 8 as it
is, and in 9 state that "grading shall preserve--".
The City Attorney said the view impairment section applies
to the section of the Code which requires conditional use permits,
and the particular section being reviewed applies to tennis courts
which require conditional use permits. It is the Attorney's
recommendation that the view impairment standards be incorporated
as a requirement for all discretionary permits from now on, whether
for a tennis court or for any other use which requires a conditional
use permit or variance, until such time as it is included in the
Zoning Ordinance in another section which will deal with view
impairment City-wide.
The City Manager said that when an application is received
for a Conditional Use Permit the applicant is given a list of
LO conditions which are required -for tennis courts, guest houses
and servants' quarters; from now on all applicants for either
a Conditional Use Permit or Variance will be given the City's
LL policy on view impairment. Following a discussion of the method
Co by which residents will be notified of applications for improvements
Q which might impair their view, members of the Council agreed that
notification of all residents within 1000 feet would not be
sufficient, since neighbors at a greater distance are often
affected. The Council agreed that a notice of all applications
made to the Planning Commission should be printed in the City's
Newsletter.
Mayor Swanson invited comment from persons present at the
meeting. Mrs. Ann Carley, 2900 Palos Verdes Drive North, said
she is concerned about view impairment, and stated that property
owners other than adjacent neighbors can be affected. She urged
that an effort be made to keep as much open space as possible,
while considering the private rights of property owners. L.D.
Courtright, 42 Eastfield Drive, said the view from his home is
virtually unobstructed, and while he would object to a view of
unlimited tennis courts, he wished to state that removal of a
number of trees and shrubs which may obstruct the views from some
properties, but which also add to the beauty of the community,
could make Rolling Hills a less desirable area. Mr. Courtright
said there are many areas where it is unlawful to cut down a tree,
.and while he does not object to the Council's attempt to develop
a policy regarding view impairment, he said there are two sides
to consider before requiring removal of landscaping. There were
no other comments, and Mayor Swanson closed the public hearing.
Councilman Heinsheimer moved that an ordinance entitled AN
ORDINANCE OF THE CITY OF ROLLING HILLS PERTAINING TO TENNIS COURTS
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE be introduced and
that reading in full be waived. Councilman Pernell seconded the
motion, with insertion in line 1 of paragraph 12 of the words
"the court and/or the present or future landscaping required by
paragraph 11". The motion as amended was carried by the following
roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Pernell, Mayor Swanson
NOES: None
ABSENT: None
OPEN AGENDA
Mayor Swanson invited comment from persons present at the
meeting on any item not on the agenda. There was no comment,
and the meeting proceeded according to the agenda.
-4-
June 8, 1987
PUBLIC HEARING, PROPOSED BUDGET, FISCAL YEAR 1987-88
Mayor Swanson opened a public hearing on the proposed Budget
for Fiscal 1987-88. The City Manager said a copy of the proposed
Budget has been sent to members of the City Council, with a short
budget message, and rather than review the budget item by item,
he asked whether there were any questions. He said it is
anticipated that the Budget for Fiscal 1987-88 will be adopted
at the next City Council meeting.
The Mayor said she wished to thank Mr. Courtright, City
Treasurer, for his expertise and assistance in the budget
preparation, and she asked whether he had any comments. Mr.
Courtright said certain policies which are inherent in the Council's
approval of the budget should be reviewed before the next meeting,
and he discussed with the Council the present policy regarding
reserves and working capital, and said the City does not receive
property tax revenues until December. Mr. Courtright said that
in the past legal contingency has been provided solely on the
basis of estimates made at the end of the year. The Budget
Committee has decided that it is not necessary to have a legal
contingency at this time, and the fund has been eliminated, since
legal services by the City Attorney are provided for under
Professional Services in another part of the budget, and there
is provision for additional legal services in the Municipal
Self -Insurance Fund. The City Manager said the Self -Insurance
Fund, not the General Fund, would be the obvious source of funds
for additional legal services. Councilman Pernell said he considers
the Self -Insurance Fund a source of funds for additional insurance
and to cover emergencies, and it is his opinion that a legal
contingency reserve should be established. Mr. Courtright said
that to establish the fund would decrease the budget contingency
fund, which is exactly 100 of the total expenditures, in compliance
with budget policy.
Councilman Heinsheimer suggested that the Recreation Fund
should be credited with interest earned by that specific fund,
since money was allocated to be used for equestrian, tennis and
other recreation purposes. Mr. Courtright said the Recreation
Fund has been building up over the years, and there is a requirement
that a certain portion has to be spent. He asked whether there
is a long-term plan for expending some of the Recreation Fund.
Councilwoman Murdock said the Recreation Fund includes funds
received through the Quimby Act, and those funds must be spent
within a specific time after they are received. She said a decision
will have to be made regarding use of the funds next year. Mr.
Courtright said there is no reason why the earnings accrued to
the Recreation Fund cannot be credited to that fund rather than
to the General Fund, and with the concurrence of the City Council
the change was made.
Mr. Courtright said there are other policies, including the
City Manager's recommendation that a balance of $500,000 be kept
in the Insurance Fund, and he said they are formal enough to be
considered City policies, and should be included in a policy manual.
Mayor Swanson thanked Mr. Courtright for his comments and .
ordered the proposed Budget held on the agenda for adoption at
the next regular Council meeting.
MATTERS FROM THE CITY COUNCIL
West Basin Water Association Meeting
Councilwoman Leeuwenburgh reported that she attended the
West Basin Water Association's 41st Annual Meeting. A presentation
was made regarding the State Board Delta Committee hearings which
are expected to last three years.
-5-
June 8, 1987
Ban on Fireworks
Councilman Pernell asked whether the Council plans to take
any action regarding fireworks. The Mayor said the residents
will be reminded in the Newsletter that fireworks are illegal
on the entire Palos Verdes Peninsula.
MATTERS FROM STAFF
View Impairment
The City Manager reported that the City Attorney's letter
dated June 3, 1987 addressing View Impairment will be reviewed
by the Planning Commission at their next regular meeting on Tuesday,
June 16, 1987. Also, the Commission will be. advised of the
Council's desire to have a comprehensive view impairment ordinance
developed.
Policy For Draininq Swmminq Pools
The City Manager said policies and procedures are being
U) developed regarding draining of swimming pools, especially in
0) the Flying Triangle and adjacent areas. Mr. Belanger said he
LJL would keep the Council informed as to the progress of this matter.
m
Q CLOSED SESSION
The City Attorney said there was no need for a Litigation
Session. The City Manager said there was no need for a Personnel
Session.
ADJOURNMENT
Mayor Swanson adjourned the meeting at 9:50 p.m. to the next
regular date, Monday, June 22, 1987 at 7:30 p.m.
City Clerk
APPROVED:
Mayor
445