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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