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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. 326 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. 32'7 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. 328 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. 32 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. 3131" 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; 332 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. 33.3 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 7 m Q 4vv, /-, A'�" City Clerk / /