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11/28/19882 35' MINUTES . OF AN ADJOURNED MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA November 28, 1988 An adjourned meeting of the City Council of the City of Rolling Hills, was called to order at 6:48 p.m., in the Council Chamber at the City Hall/ Administration Building, 2 Portuguese Bend Road, Rolling Hills, California, by Mayor Murdock on Monday, November 28, 1988. ROLL CALL PRESENT: Councilwoman Leeuwenburgh, Councilman Pernell, Mayor Murdock ABSENT: Councilman Heinsheimer, Councilwoman Swanson 00 ALSO PRESENT: Terrence L. Belanger City Manager LO Betty Volkert Deputy City Clerk Donald Spencer Army Corps of Engineers Anna Zacker Army Corps of Engineers m Bill Cross Resident Q WORK SESSION - ARMY CORPS OF ENGINEERS Anna Zacker and Donald Spencer of the U. S. Army Corps of Engineers gave a presentation on the process involved in conducting a reconnaissance study, which .the Corps of Engineers will be undertaking. Mr. Spencer noted that the Army Corps of Engineers would be conducting a workshop on January 12, 1989, at 7:30 p.m., at Hesse Park in Rancho Palos Verdes, and remarked that everyone is invited to attend. MEETING RECESSED The meeting was recessed at 7:16 p.m., by Mayor Murdock. MEETING RECONVENED Mayor Murdock reconvened the meeting at 7:40 p.m., and asked that the roll be called again to reflect the recent arrival of Councilmembers, staff, and residents. ROLL CALL PRESENT: Councilman Heinsheimer, Councilwoman Leeuwenburgh, Councilman Pernell, Councilwoman Swanson (arrived at 7:41 p.m.), Mayor Murdock ABSENT: None ALSO PRESENT: Terrence L. Belanger City Manager Michael Jenkins City Attorney Larry Courtright City Treasurer Betty Volkert Deputy City Clerk Ann Johnson Los Angeles Times Anne La Jeunesse Palos.Verdes News Carol Ryan Daily Breeze . Approximately 100 Residents - (List Attached) M-El CONSENT CALENDAR Councilwoman Leeuwenburgh moved that the items on the Consent Calendar be approved and accepted as presented. Councilman Pernell seconded the motion, and it carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting of the City Council held on Monday, November 14, 1988, were approved and accepted as written. PAYMENT OF BILLS Demands Nos. 3288 through 3311, in the amount of $29,277.95, were approved for payment from the General Fund. FINANCIAL STATEMENT The Financial Statement for the month of October, 1988, was accepted as presented. OLD BUSINESS WAIVER OF CONDITION OF FINAL MAP FOR NOS. 4 & 6 EUCALYPTUS LANE, The City Manager reported that an agreement has been reached with the Southern California Edison Company and the General Telephone Company with regards to the undergrounding of these two properties on Eucalyptus Lane. Previously, there was question with regard to the assessment of the PUC tax, which has since been resolved. A series of agreements between the City and the utility companies, as well as, between the City and the property owners of these two properties, will be forthcoming to effect the undergrounding. Councilman Pernell commended the City Manager for his efforts in this matter. Mr. John Pollock confirmed with the City Manager that he could use the existing power pole for temporary hookup until the necessary agreements have been prepared. ORDINANCE NO. 221: AN ORDINANCE ESTABLISHING A SITE REVIEW PROCESS IN, THE ZONING ORDINANCE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Mayor Murdock clarified for the audience that the public hearings regarding this matter had been closed at the last City Council meeting. There have been seven public hearings conducted regarding this matter, and at the last City Council meeting the ordinance was introduced and had its first reading. However, the Mayor indicated that comments regarding the proposed ordinance would be allowed but she requested that remarks be limited to approximately two minutes, that they be in an orderly manner and not repetitive, and, additionally, the Mayor indicated that there would not be a one-on-one response from the Council. Mayor Murdock presented a brief background of the evolution of this proposed ordinance. Mr. Stein, 1 Outrider Road, asked why it is necessary for the City to review drainage and grading plans if the County provides this service prior to any construction. The City Manager explained that the City is the governing body, and that the County is an agent of the City by virtue of a contract, not vice versa. Thus, in this regard, the County is governed by the ordinances of the City.of Rolling Hills. Some residents questioned the usefulness of attending the meeting given the fact that the public hearing had already been closed and, therefore, it seems that their comments would not be taken into consideration. - 2 - 23'x" Councilman Heinsheimer commented that there have been several publicized hearings on this matter, at which everyone has had -an opportunity to express their opinions. Councilman Heinsheimer proceeded to review the history and progression of this proposed ordinance, and its intended purpose. Furthermore, he noted that the Council had recommended that this ordinance be reviewed after one year to determine its practicability. Mr. Fritz Ripley, 91 Crest Road East, voiced his objection to the proposed ordinance and stated that he feels it is unnecessary. Mrs. Margaret Hupp, 17 Wide Loop Road, expressed her support of the City Council and thanked them for their endeavors in trying to maintain the rural atmosphere of the City. Mr. Art Stribley, 8 Outrider Road, commented that he supports the Council on this matter. Mr. Conrad Fischer, 1 Southfield Drive, spoke in favor of the proposed ordinance. He enjoys the country atmosphere and fears that 00 extensive grading could have an adverse effect on land stability. Mrs. Cerami spoke in opposition to imposing a limitation on the size of a home. m Mr. Rutherford stated his support for an ordinance which would Q limit size and growth. Mr. Carl Price, 1 Quail Ridge Road South, expressed his support of the Council in their endeavors. Dr. Jack Lynn, 67 Eastfield Drive, stated that he appreciates the desire to maintain a rural atmosphere, however, he feels that the, existing lot coverage regulations are sufficient to ensure that the rural atmosphere will be maintained, and is opposed to the ordinance. Mr. Tom Cobb, 6 Roadrunner Road, voiced his opposition to more government, and feels that the Architectural Committee has been doing an excellent job and that this ordinance is not necessary. He believes that the existing regulations are sufficient. Mr. Chuck Drexel feels that the process required by the Architectural Committee is adequate. He also feels that this should be put to a vote of the people. Mr. Stephen Taus, commented that at most of the meetings that he has attended it seemed to him that the majority of people were opposed to this ordinance. He feels that the City Council should represent the people, and suggested that the Council poll the residents to determine their feelings on this matter. Mr. Stein also suggested that this proposed ordinance be put to a vote of the people. Mr. Bill Horn expressed his support of the proposed ordinance. He stated further that as homes become larger they generate more noise, e.g., air conditioning systems, which disturb the peace and quite of the neighborhood. Mrs. Fischer congratulated the Council on their efforts and thanked them for giving unselfishly of their time. She stated her desire to see the rural character maintained, and voiced her support of the ordinance. Mrs. Joan Saffo commented that this ordinance does not place a limitation on the size of houses. She explained the necessity for the ordinance and voiced her wholehearted support for the City Council, the Association Board, the Architectural Committee, and for the proposed ordinance. - 3 - 238 Councilwoman Swanson explained the differentiation between the City and the Architectural Committee. The Architectural Committee is a branch of the Community Association, which is a private corporation, and completely independent of the City. Mr. Richard Krauthamer, 41 Crest Road West, questioned the purpose of defining "existing buildable area" in the proposed ordinance. The City Manager explained that the "existing buildable area" is that area of the property where there exists a building pad plus any other continuous area of the property with a slope less than ten percent (10%). It is that area that an individual could reasonably expect to build without significant grading. The City Manager explained that, in many instances, the net lot acreage and the building area are not one and the same. Mr. Jim Cerami, 14 Georgeff Road, feels that this would be a restriction of his property rights, and is opposed to the ordinance. Mr. Carl Price commented that the community has rights too, as well as individuals. Mr. Kamen, 5 Johns Canyon Road, agreed with previous speakers that this matter should be put to a vote of the residents of the community. Mr. Lohn, 9 Middleridge Lane South, is opposed to more legislation. Mr. Major Langer agreed with Mr. Kamen that the Council should get a consensus of the residents of the community. He feels that this ordinance is an attempt at reviewing all prospective construction in the City, with the intent of levying significant restraints. Mr. Langer feels that this would be a radical change in the policy of the City. He indicated that, if this ordinance is adopted, the alternative is a referendum. Mr. David McKinnie, 3 E1 Concho, commented that the disagreements are not with the concerns of the City Council but with the method being proposed for remedying those concerns. He feels that this would be a duplication of regulations and effort. In Mr. McKinnie's opinion, the review by the Architectural Committee is sufficient. Furthermore, Mr. McKinnie remarked that if the ordinance were to be adopted, it would raise a question in his mind as to the necessity for both organizations. Mr. Fred Calhoun agreed with Mr. McKinnie. He feels that most people support the idea of maintaining the rural character of the City, but are opposed to this ordinance. Mr. Calhoun is concerned about the long-term effects of an ordinance and the various interpretations by different Councils. He also suggested that, if the ordinance is adopted, during the one-year trial period a method be worked out for combining the two governing bodies so that individuals will only be required to deal with one agency. Councilman Pernell explained that, at one time, the two agencies were one. However, it became apparent, for legal reasons, that it was beneficial for both agencies to separate. The legal counsel for the Association has stated that they will have nothing to do with drainage or geotechnical aspects of building. They are interested in design and aesthetics only. Mrs. Debra Fournier, 14 Chuckwagon Road, moved to the community because of its rural character, however, she feels that the concerns are premature. She feels that people are reacting to the loss of greenery which often occurs during a remodel or reconstruction. Mrs. Fournier explained that it takes time for vegetation to grow back, but that new vegetation is being planted to replace vegetation that has been removed.. Once new vegetation has grown in, she feels that many concerns will be alleviated. - 4 - LJ 9' I Mr. Bob Gold, 9 Flying Mane Road, feels that the ordinance does not address the issues of drainage or the maintenance of the rural character. He finds the ordinance confusing. Mr. Stein, 1 Outrider Road, asked how the twenty-five percent (25%) triggering mechanism relates to grading and drainage issues. The City Manager responded that responsibility and authority for grading, drainage, and other structural and safety issues relating to development in the City of Rolling Hills falls under the jurisdiction of the City. Over time, those responsibilities became blurred by the Joint management of the Association and the City. However, there has since been a conscious separation of the Association and the City of Rolling Hills because it became quite apparent that the potential liability, especially to the Association, was such that they were not willing to expose themselves to it any further. The ordinances that dealt with grading and drainage in the past, were fine when dealing with a set piece situation. However, this is no longer a set piece community; the community is evolving. With the expansion and 00 redevelopment of property comes related grading and drainage. 7-1 Mrs. Cerami commented that there are some people who prefer their Lo views and find excessive vegetation offensive. Mr. Charles Hillway, 2 Flying Mane Road, commented that we live in m a vulnerable area and feels that slope stability should be a major Q concern. Mr. Major Langer believes the real issue is a no -growth I policy, and not slope stability or drainage. He suggested that a vote regarding this proposed ordinance be taken at the annual meeting of the Rolling Hills Community Association. Mayor Murdock commented that the Community Association's Annual Meeting would not be. an appropriate forum for polling the residents on a City action. Councilwoman Swanson commented that the Association has made it" very clear that they wish to be completely separate and independent from the City. Councilman Heinsheimer commented that it is important that the process be as simple and as streamlined as possible for individuals who are developing their property. In addition, the process for submittal of plans to the City and the Association should be made as clear and as straightforward as possible, while at the same time rigorously maintaining the separation of the City functions and the Association functions. Councilman Heinsheimer pointed out that the City Manager has been directed to work with the Association Manager to prepare flow charts indicating the various steps in the development process, and to ensure that there is a minimum of duplication of effort. Councilman Heinsheimer moved that Ordinance No. 221, an ordinance entitled "AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A SITE REVIEW PROCESS IN THE ZONING ORDINANCE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE" be adopted and that reading in full be waived. Councilwoman Leeuwenburgh seconded the motion. There being no objections, the motion carried unanimously. MEETING RECESSED Mayor Murdock recessed the meeting at 8:50 p.m. MEETING RECONVENED The meeting was reconvened at 9:15 p.m., by Mayor Murdock. - 5 - 240 NEW BUSINESS REJECTION OF CLAIM A claim against the City has been filed by Deidre Jackson. Staff recommends that this claim be rejected and that the claimant be notified of the Council's action. Councilwoman Swanson moved that the claim filed by Deidre Jackson be rejected. Councilwoman Leeuwenburgh seconded the motion, and it carried unanimously. PUBLIC HEARING APPEAL OF ZONING CASE NO. 369, 9 WIDELOOP ROAD The City Manager reported that an appeal of the Planning Commission's denial of Zoning Case No. 369, has been filed by the applicants, Mr. and Mrs. William King. Zoning Case No. 369 is a request for a variance of the lot coverage regulations to allow for the construction of residential additions at 9 Wideloop Road. Several letters from neighboring property owners have been received in support of the variance request. In addition, the applicants prepared a packet of material for the Council's information and review. If the proposed additions were allowed, it would result in a lot coverage of 24.2%. Currently, the maximum allowable lot coverage for structures is 20%. However, without the proposed new additions, the existing lot coverage is approximately 20.8%, and is, therefore, nonconforming. The current lot coverage existed when the lot coverage regulation in the zoning ordinance was changed from 25% to 20%. Total lot coverage would be within the City's regulation of 35%. Councilwoman Swanson confirmed with the City Manager that the applicants have requested a de novo hearing. Councilman Pernell moved that the applicants' request for a de novo hearing be accepted, that public testimony be taken, and that a field trip to the site be scheduled. Councilwoman Leeuwenburgh seconded the motion, and it carried unanimously. A field trip to the site was scheduled for Tuesday, December 6, at 7:30 a.m., and the applicant was requested to have the proposed additions staked. The public hearing was continued to the next City Council meeting on December 12, 1988. OPEN AGENDA There were no additional comments. MATTERS FROM MEMBERS OF THE CITY COUNCIL There were no additional matters from the Council. MATTERS FROM STAFF RECONNAISSANCE STUDY The City Manager noted that representatives from the U. S. Army Corps of Engineers met with Members of the City Council earlier in the evening to discuss the South Peninsula Landslide Feasibility Study, the first phase of which is the Reconnaissance Study. They outlined what the process would be to effect the Reconnaissance Study. 00 Lo 7 M Q 2'41 ANNUAL HOLIDAY OPEN HOUSE The City Manager announced that the City's Annual Open House would be held on Monday, December 19, 1988, between the hours of 5:00 p.m. and 8:00 p.m. Everyone is invited. CLOSED SESSION There were no additional matters to discuss in closed session. ADJOURNMENT Mayor Murdock adjourned the meeting at 9:30 p.m., to 9 Wideloop Road, Tuesday, December 6, 1988, at 7:30 a.m. APPROVED: Mayor - 7 - r City Clerk �) v,4) Elf 2 4"T Jc 0r"t A�lr co _ .71 —� Lo Sherr Le za,�,Dc-- Illy Alt C',1, •�rl''.-�isY� PLS �. - 9 - 244 `c�' 2� �Cl<{ �sFl(�i . 2. i�uEar(m ou�(c . .�Ee_ �c,.f' u �!Z--fie �--< �I�ti� 4- sA AI GrLUAof DsbII/Y 70- LWAIM, A, rl). I