8/28/1989410
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
August 28, 1989
a
A regular meeting of the City Council of the City of Rolling
Hills was called to order at 7:34 p.m., in the Council Chamber at the
Administration Building/City Hall, 2 Portuguese Bend Road, Rolling
Hills, California, by Mayor Pro Tem Heinsheimer on Monday, August 28,
1989.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilwoman Murdock, Councilman Pernell,
Councilwoman Swanson, Mayor Pro Tem Heinsheimer
Mayor Zeeuwenburgh (excused)
Terrence L. Belanger
Kevin Ennis
L. D. Courtright
Kathy Uros
Asst.° Chief Corbett
Ann Johnson
Anne La Jeunesse
Marian Aylesbury
Charles Aylesbury
Tom Boyd
John Rowlands
David Stone
Barton Wachs
City Manager
Asst. City Attorney
City Treasurer
City Secretary
L. A. Co. Fire Dept.
Los Angeles Times
Peninsula News
Resident
Resident
Resident
Resident
Resident
Resident
The matter regarding the agreement between the City and Eberting
Incorporated for architectural services relative to the proposed
remodeling and additions to the City Administration building was
removed from the Consent Calendar, and staff was directed to work with
the architect, City Attorney, and Council Sub -committee in preparing a
mutually acceptable modified agreement to be presented to the City
Council at a later date.
Councilwoman Swanson moved that the remaining items on the
Consent Calendar be approved and accepted as presented. Councilwoman
Murdock seconded the motion, and it carried unanimously.
APPROVAL OF MINUTES
The minutes of a regular meeting of the City Council, held on
August 14, 1989, were approved as written.
PAYMENT OF BILLS
Demands Nos. 3927 through 3956, in the amount of $32,319.77, were
approved for payment from the General Fund.
FINANCIAL STATEMENT
The Financial Statement for the month of July, 1989, was approved
and accepted as presented.
AGREEMENT WITH EBERTING INCORPORATED FOR ARCHITECTURAL SERVICES,
This matter .was held on the agenda until a mutually satisfactory
modified agreement has been prepared.
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OLD BUSINESS
RESOLUTION TO PRESERVE OPEN SPACE
Councilwoman Swanson moved approval of the resolution to preserve
open space, amended by, the Rolling Hills Wildlife Preservation
Committee and forwarded to the Council with a recommendation for
adoption. Councilwoman Murdock seconded the motion, and it carried
unanimously.
EMPLOYEE COMPENSATION
The City Council Personnel Sub -committee and staff have met an
recommend that the City Council approve the proposed adjustments to
the compensation of the City employees, to be effective retroactively
to July 1, 1989. Councilwoman Swanson so moved and Councilwoman
Murdock seconded the motion, which carried unanimously.
NEW BUSINESS
PROPOSED FILMING ORDINANCE
The City Manager gave a brief overview and background to the
impetus behind the proposed filming ordinance, i.e., it has been
generated as a result of recent filming activities in the City and
problems associated therewith. The purpose of the proposed ordinance
would be to place some controls and conditions on filming in excess of
5 minutes within the community. The proposed ordinance is a standard
boilerplate form.
Mayor Pro Tem Heinsheimer clarified that the intent of the
Council, at this time, is to review the proposed ordinance and obtain
input.
Councilman Pernell indicated that he would like the City to adop
some regulations governing this type of activity. He also noted that
pursuant to AB 4680, the proposed ordinance must be submitted to th
California Film Commission for review thirty days prior to its
adoption. Furthermore, it is his understanding that this type of
activity cannot be prohibited; thus, the only recourse is to place
stringent conditions on the permit process to give the City strict
control. Therefore, Councilman Pernell moved to introduce first
reading of the proposed ordinance. Councilwoman Murdock seconded the
motion.
Councilwoman Swanson commented that she was not satisfied with
the boilerplate form of ordinance, and feels that it should be more
specific to the needs and concerns of our community. She feels that
the proposed ordinance is so basic that it does not address the
original reasons for creating the ordinance.
Councilman Heinsheimer explained that the. proposed ordinance
establishes a permit process and would allow some flexibility. He
asked if the Council would prefer to put more administrative detail
into the ordinance.
Councilwoman Swanson requested the opinion of legal counsel. She
remarked that she agrees with the requirement for a permit process
however, feels that specifics need to be better defined; the proces
should not be arbitrary.
Mr. Kevin Ennis, Assistant City Attorney, explained that the
proposed ordinance grants general, broad authority to the City
Manager, and the granting of a filming permit would be at the
discretion of the City Manager. Mr. Ennis commented that difficulties
can arise if the ordinance is too specific. The Assistant City
Attorney also informed the Council that, with respect to
enforceability, any violation of imposed conditions would be a
misdemeanor.
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Councilman Pernell suggested that a way to ameliorate the
ordinance for Councilwoman Swanson might be to insert a paragraph in
Section 5.08.070, stating that there shall not be any undue
interference with the neighboring properties.
The City Manager remarked that the ordinance provides for the
setting of fees for permits by resolution. Furthermore, the ordinance
deals with both public and private property, although, there is an
exception provided for CATV productions.
Mayor Pro Tem Heinsheimer noted that Section 5.08.070, paragraphs
"a", "b" and "c", are generally aimed at protecting the City. He
proposed that a paragraph "d" be added, as follows: "The conduct of
such activity will not unduly disturb the peace and tranquility of the
neighborhood." The motion maker and seconder accepted the proposed
amendment.
Mayor Pro Tem Heinsheimer also pointed out that the faithful
performance bond being proposed for clean-up and restoration, Section
00 5.08.120, is only $500, and asked for the Council's input and feelings
about possibly increasing this figure.
LO Councilwoman Murdock remarked that perhaps a higher bond amount
7 would encourage the proper completion of the job.
Q Councilman Pernell felt that an appropriate amount for the
performance bond could be determined by the City Manager. He had
concerns that a higher performance bond might potentially discourage,
for example, educational institutions trying to provide a learning
experience, which is not the purpose of this ordinance.
Mr. Kevin Ennis commented that it would be possible to specify,
in the ordinance, an exception or waiver for educational institutions.
Councilwoman Murdock suggested that the wording in Section
5.08.120, relative to the performance bond, be as follows: "Such
faithful performance bond shall be filed at the time of the
application in the amount of five thousand and no/100ths ($5,000)
dollars or in an amount determined by the City Manager to be
reasonably required under the circumstances."
Councilwoman Swanson commented that she would hope that
consideration would be given on a case-by-case basis, and that, when
appropriate, staff would consider a request for a waiver.
Councilwoman Swanson asked if the ordinance provides for an
appeal process. Mr. Kevin Ennis pointed out that there is an appeal
provision provided for in Section 5.08.070.
Mayor Pro Tem Heinsheimer invited public comment.
Mr. Tom Boyd, President of the Board of Directors of the Rolling
Hills Community Association, 7 Middleridge Lane South, spoke regarding
this matter, and agreed with Councilwoman Swanson. He feels that it
is important to give this matter proper and adequate review and
consideration. He fears that by establishing an ordinance specifying
regulations and conditions, it would not be possible to prohibit this
type of activity. It is the position of the Community Association
that this type of activity should be banned entirely from the City as
it is not compatible with the rural character and atmosphere of the
City.
Councilman Pernell asked legal counsel if it would be possible to
prohibit all commercial activities in the City, including filming.
Mr. Kevin Ennis commented that State statutes govern how the City
can process permits, however, prima facie the statutes do not appear
to address whether or not it is possible to ban filming, all together.
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Mr. Boyd questioned whether the State statutes are directed at
private communities.
Due to the unanswered questions regarding whether or not it would
be possible to prohibit filming entirely, Councilman Pernell withdrew
his motion for introduction of first reading. Councilwoman Murdock
concurred, and withdrew her second.
The Council chose to continue the consideration of the propose
filming ordinance until it could be determined whether an ordinanc
prohibiting film production would be statutorily permitted. Staff wa
directed to research this question and, if possible, to provide az
opinion at the next Council meeting.
Mr. Boyd remarked that a proposed filming ordinance should be
specific to the City of Rolling Hills, and should prohibit all
commercial activities in the City.
Councilwoman Swanson requested that, in the interim while the
City is working on an ordinance regarding this matter, the Rolling
Hills Community Association use their discretionary powers in
cautiously issuing road use permits. Mr. Boyd indicated that the
Association is willing to cooperate in whatever way feasible.
Councilwoman Swanson also requested that staff send a follow-up
letter to residents that have expressed an interest regarding this
matter, and that a copy of the proposed ordinance be included with the
letter.
Mayor Pro Tem Heinsheimer indicated that this matter would be
held on the agenda for Old Business until the Council receives advice
from legal counsel on the various options and a revised ordinance.
PROPOSED AMENDMENT TO ANIMAL CONTROL ORDINANCE
The City Manager briefed the Council on the proposed ordinance
He explained that the ordinance proposes to amend that section of the
Animal Control ordinance dealing with animal nuisances involving
obnoxious dogs and other noisy animals. The current ordinance
provides for limited sanctions, however, recent events have shown they
are not particularly effective. Thus, the proposed amendment to the
Animal Control ordinance would establish a procedure for dealing with
barking dogs or dogs creating an audio nuisance, similar to the
process for dealing with aggressive dogs.
Councilwoman Murdock inquired as to whether or not the proposed
ordinance has been submitted to the Southern California Humane Society
for their review. The City Manager responded that a copy of the
proposed ordinance has been forwarded to the Humane Society.
Councilman Pernell commented that it might be appropriate to
review the entire Animal Control ordinance. He feels that since the
ordinance was originally written there has been a significant increase
in the number of residences, and the nature of animal control problems
has changed. Councilman Pernell felt it would be beneficial to have a
report on the number of dog complaints and attacks.
The City Manager explained that the Council has for their revie
two draft ordinances: one being a wholesale revision to the Anima
Control ordinance; and, one amending only that section involving do
nuisances, in particular, barking dogs.
Councilwoman Swanson commented that there has been no indication
that other portions of the Animal Control ordinance need to be
amended, and feels that the Council should concentrate only on the
issue of barking dogs. Councilwoman Murdock agreed with Councilwoman
Swanson.
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Mayor Pro Tem Heinsheimer suggested that a notice be placed in
the newsletter advising residents of the Council's consideration of
this ordinance, and informing them that the proposed ordinance will be
subject to a public hearing in the future. Furthermore, copies of the
proposed ordinance should be made available to the public for their
review and comment.
Mayor Pro Tem Heinsheimer directed that a public hearing to
consider the proposed ordinance amending the Animal Control ordinance,
be scheduled for September 11, 1989, at 7:30 p.m., and, at the request
of Councilman Pernell, directed staff to provide a general report on
other aspects regarding animal control problems, in particular, the
number of attacks.
REJECTION OF CLAIM AGAINST THE CITY FILED BY CALIFORNIA WATER SERVICE
The City Manager indicated that he would prepare the appropriate
form and submit it to the City Council at their next meeting.
00 Mayor Pro Tem Heinsheimer ordered that this matter be held on the
agenda.
LO COUNCILWOMAN SWANSON WAS EXCUSED FROM THE MEETING AT 8:45 P.M.
3
m PETITION FOR SEWER ASSESSMENT DISTRICT
Q The City Manager reported that residents who reside on Chestnut
Lane, and three residents that reside on Johns Canyon Road at the
intersection of Morgan Lane, had submitted a letter to the City
requesting that a sewer assessment district be formed to provide
sanitary sewers for the subject properties.
Mayor Pro Tem Heinsheimer indicated that he might have a
potential conflict of interest regarding this matter, and sought
direction from legal counsel as to the propriety of his participating
in the discussions and consideration of this matter. Following some
discussion, it was determined that it would be appropriate for Mayor
Pro Tem Heinsheimer to disqualify himself from participating in the
discussions and consideration of this issue.
The City Manager described the steps in the process, and
explained that once the formal process of petitioning is completed,
i.e., determining the sufficiency of the petition and waiver for
special assessment proceedings, and the sufficiency of the bonding for
reimbursement of costs, the City Council would then consider the
adoption of a resolution of intention to form a district.
Mayor Pro Tem Heinsheimer clarified that at the next meeting the
Council could take whatever action would be appropriate, at that time,
depending upon the status of the petitioning process.
Mr. Larry Courtright, City Treasurer, commented that
consideration should be given to the issue of financial feasibility,
and the manner in which the City would be involved with the accounting
or financing. He pointed out that this is an integral part of the
formation of a district.
Mayor Pro Tem Heinsheimer directed staff to address the issues of
financing.
Mr. Tom Boyd asked which seven homes are involved. He inquired
as to the effect of the formation of this district upon the community
as a whole.
The City Manager identified the seven properties involved, and
explained that this is really an isolated case and, basically, would
not affect the rest of the community.
Councilman Pernell suggested that the City's Wastewater Disposal
Advisory Committee be kept apprised of the status of this matter.
330
Mayor Pro Tem Heinsheimer concurred that an informational meeting
would be beneficial. 0
The City Manager indicated that the Wastewater Disposal Committee
would be meeting next month, and that they would discuss this matter.
DEVIATION FROM AGENDA
For the sake of convenience to residents in the audience, the
Council agreed to discuss some of the agenda items out of sequence.
OPEN AGENDA
Mayor Pro Tem Heinsheimer invited comments from the audience on
any matter not specified on the agenda.
No one addressed the Council.
PUBLIC HEARINGS
ZONING CASE NO. 396, MARION RUTH, 5 OUTRIDER ROAD
This is a request for a Site Plan Review to determine the
compatibility of the proposed residential reconstruction with the
site, and a request for a front yard setback variance for a proposed
stable site at 5 Outrider Road, Lot 80 -EF.
The City Manager reported that at the last meeting the Council
voted to take jurisdiction of this matter, and scheduled a public
hearing for this evening.
Councilwoman Murdock further noted that at the last meeting
meeting there had been some concerns on the part of the Council
regarding the potential encroachment into the front yard setback for a
stable.
The City Manager explained that this was presented to the Council
at their last meeting as a report of approval from the Planning
Commission.
Mayor Pro Tem Heinsheimer suggested that a field trip to the site
be scheduled prior to taking public input. Subsequently, a field trip
was scheduled for September 11, at 6:30 p.m. Staff was directed to
advise applicant.
The Council was informed that Mrs. Ruth was unable to attend
tonight's meeting due to her husband's health.
Mayor Pro Tem Heinsheimer opened the public hearing.
Mr. Barton Wachs, 6 Outrider, spoke on this matter and expressed
concern that the stable be set far enough back so that it would be
safe for children.
There being no further comments, the public hearing was continued
to Monday, September 11, at 6:30 p.m.
PROPOSED RESOLUTION INCREASING PLANNING/ZONING FEES
The City Manager reported that the planning and zoning
application fees for conditional use permits and variances were
established in August 1982, and have remained unchanged since that
time. Furthermore, as a result of recent developmental activities,
there has been a drastic increase in planning and zoning
applications. The proposed resolution is intended to recover the
estimated actual costs related to the processing of an application.
Therefore, it is staff's recommendation that the City Council adopt
the proposed resolution.
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Councilwoman Murdock moved to adopt the proposed resolution
increasing planning and zoning fees, to meet the current needs.
Councilman Pernell seconded the motion.
Councilman Pernell raised the question of how the cost for a
combination application would be calculated.
Following some discussion, it was agreed that a combination
application would be calculated as follows: the cost of the highest
fee plus fifty percent (50%) of the fee for the second and subsequent
applications.
Mr. Tom Boyd addressed the Council on this matter. He questioned
whether or not related expenses for the processing of these
applications have increased to warrant the proposed increase in fees,
and requested to review the cost analysis prepared by staff.
Councilwoman Murdock commented that the proposed increase in fees
oo is not intended to be arbitrary. Staff was directed to prepare a cost
71 analysis and, based upon that analysis, recommended the proposed
LO increase in fees.
Councilman Pernell asked the City Manager to respond to Mr.
Boyd's comments.
Q The City Manager explained that there was no intention of raising
fees just. for the sake of raising fees. The purpose is to partially
recapture the costs involved in processing these zoning applications.
There may be situations where the cost of processing one application
may exceed the fee and the related costs of processing another
application may be less than the established fee; the proposed fee is
based on an average cost.
Mayor Pro Tem Heinsheimer commented that it has been a matter of
policy to charge adequate fees so as not to draw from the General Fund
to subsidize planning and zoning activities. The cost associated with
development projects within the community should be borne by those
propertie's that are directly receiving those services.
The comparison of Rolling Hills' fees with other cities was
discussed. Councilman Pernell confirmed that the proposed fees were
determined on the basis of our own calculations, and were not based on
comparisons with other cities.
There being no further comments, Mayor Pro Tem Heinsheimer called
for a vote on the motion on the floor. The motion carried
unanimously.
RETURN TO AGENDA OUTLINE
The agenda sequence was resumed.
TRAFFIC COMMISSION REPORTS - JULY 28, 1989
TURNOUTS ON PORTUGUESE BEND ROAD
The Traffic Commission recommends to the City Council that the
City not proceed with vehicle turnouts on Portuguese Bend Road
(southbound). The Commission's recommendation is based on concerns
for vehicular safety and potential liability.
IMPROVEMENTS AT CRENSHAW GATE HOUSE
The Traffic Commission recommends to the City Council that the
improvements to the Crest Road (Crenshaw) Gate House be approved. The
recommendation for approval is subject to the Commission's review and
approval of the proposed traffic signing and channelization plan;
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which will be evaluated by the City Traffic Engineer as to compliance
with established standards of traffic safety.
NEW DRIVEWAY AT 6 CINCHRING ROAD
The Traffic Commission recommends to the City Council that the
location of the new driveway at 6 Cinchring Road be approved. The new
driveway is associated with the construction of a new residence at
this location.
COUNCIL'S ACTIONS ON TRAFFIC COMMISSION RECOMMENDATIONS,
Councilwoman Murdock moved approval and acceptance of all three
Commission recommendations. Councilman Pernell seconded the motion,
and it carried unanimously.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
COMPLIMENTS TO COUNCILWOMAN SWANSON
Councilwoman Murdock complimented Councilwoman Gordana Swanson on
her representation and presentation, on behalf of RTD, on television
with Ruth Ashton Taylor.
PROGRESS OF RECYCLING PROGRAM
Councilman Pernell inquired as to the status of the recycling
program.
The City Manager responded that the process has begun in the
development of a recycling plan in conjunction with Browning-Ferris
Industries, who provides refuse collection services for the City. The
City has received an allocation of $5,000.00 from the Los Angeles
County Sanitation District for the purpose of funding the preparation
of a recycling program. Furthermore, the City of Rancho Palos Verdes
has been requested to provide us with all their information on
statistics regarding their recycling program. A proposed recycling
program will be presented to the City Council within the next sixty
days.
Councilman Pernell requested that this matter be held on the
agenda.
STATUS OF CATV
Councilman Pernell requested a status report on the investigation
of a potential cable television franchise in the City of Rolling
Hills.
The City Manager reported that he had spoken with the General
Manager of CATV last Friday, August 25, who indicated that the data
has been forwarded to the President with the recommendation for
approval to proceed with the establishment of a cable television
franchise in the City of Rolling Hills.
MATTERS FROM STAFF
The City Manager announced that Ray Hamada's wife gave birth to a
baby girl last Friday, who they named Heather. Ray will return to
work on Wednesday, August 30.
CLOSED SESSION
It was determined that a Closed Session was not necessary.
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ADJOURNMENT,
Mayor Pro Tem Heinsheimer adjourned the meeting at 9:24 p.m., to
Monday, September 11, at 6:30 p.m., at 5 Outrider Road, thereafter, to
proceed to the Council Chamber at City Hall.
APPROVED:
G Mayor
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