1/22/1990 381'
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA �
January 22 , 1990
A regular meeting of the City Council of the City of Rolling
Hills was called to order at 7: 33 p.m. , in the Council Chamber at the
City Hall/Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California, by Mayor Leeuwenburgh on Monday, January 22 , 1990.
ROLL CALL -
PRESENT: Councilwoman Murdock, Councilman Pernell,
Councilwoman Swanson, Mayor Leeuwenburgh "
ABSENT: Councilman Heinsheimer (excused) �
� ALSO PRESENT: Terrence L. Belanger City Manager `
� Michael Jenkins City Attorney
� L. D. Courtright City Treasurer
� Ann Johnson Los Angeles Times
Anne La Jeunesse P. V. Peninsula News
m Fire Chief Corbett L. A. Co. Fire Dept. �
Q Don Cotton Cotton/Beland/Associates
Karen Warner Cotton/Beland/Associates
Flavio Bisignano Resident
Ann Carley Resident Z'
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Jim Carley Resident
Frank Hill Resident
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CONSENT CALENDAR
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Councilman Pernell moved that the items on the Consent Calendar -
be approved and accepted as presented. Councilwoman Murdock seconded �
the motion, and it carried unanimously.
Councilwoman Swanson commended Mr. Courtright, City Treasurer, on '
the preparation and presentation of the monthly financial statements. �
Mr. Courtright expressed his thanks, and noted that the Finance
Officer, Norma Young, also deserves recognition. The Council also ;°
praised the Finance Department for their recent budget award, awarded �:;
by the Government Finance Officers Association.
APPROVAL OF MINUTES
The minutes of a regular meeting of the City Council, held on �
January 8, 1990, were approved as written.
PAYMENT OF BILLS
Demands Nos. 4254 through 4262, and 4264 through 4299, in the
amount of $35, 425. 54, were approved for payment from the General
Fund. Demand No. 4263 was voided. ;.
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FINANCIAL STATEMENT �'
The Financial Statement for the month of December, 1989, was `1
accepted as presented.
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OLD BUSINESS ,�
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There were no matters of Old Business for the Council 's ,}r
consideration. . �_
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NEW BUSINESS
CONSIDERATION OF APPOINTMENT OF PLANNING COMMISSIONERS
The City Manager briefed the Council, and explained that two
Members of the Planning Commission had their terms expire on December
31, 1989. As has been the custom of the Council, the Commissioners
remain in their seats until they are either reappointed or replaced.
The two Commissioners whose terms recently expired are Chairman Allan
Roberts and Commissioner Betsy Raine. Also, a year ago the terms of
two other Commissioners expired. At that time, those Commissioners
indicated an interest in continuing to serve on the Planning
Commission. However, they were never formally_ reappointed.
Councilwoman Swanson moved to reappoint both sets of
Commissioners, those whose terms expired December 31, 1989, and those
whose terms expired a year ago. The motion was seconded by
Councilwoman Murdock.
Councilman Pernell indicated a desire to investigate this matter
more closely. He feels that the Members of the Commission have,
generally, been doing a good job, but would like to explore all
available resources the community may have to offer. Councilman
Pernell suggested that perhaps these positions be advertised.
Councilwoman Swanson expressed concern that this might send an
inaccurate message to the Commissioners.
Councilman Pernell explained that his suggestion, in no way,
indicates any dissatisfaction with the performance of the Planning
Commission.
After some discussion, Councilwoman Swanson withdrew her motion,
and Councilwoman Murdock withdrew the second. Mayor Leeuwenburgh
directed that this matter be placed on the agenda for the adjourned
joint meeting of the City Council and Planning Commission, for
discussion with the Members of the Commission present.
CITY MANAGEMENT SERVICES AGREEMENT
The City Manager noted that the Council had before them for their
consideration, an agreement between the City of Rolling Hills and
Terrence L. Belanger for city management services. He pointed out
three issues that were discussed with the Personnel Sub-committee, two
of which were not incorporated into the agreement in the manner
ultimately agreed upon. The issues are as follows:
1. Clarification of the term of the agreement.
Because of a desire to place compensation adjustments to the
City Manager within the same timeframe as other employees,
' an additional seven months was added to the previously
existing three year agreement. Thus, the term of the
agreement would expire June 30, 1993 , instead of the
previous November 30, 1992 .
2 . Salary to be on a monthly basis.
The proposed agreement reflects an annual amount for
salary. That should be calculated as a monthly amount.
Hence, the salary should be on a monthly basis as opposed to
� an annual basis. This applies to other compensation also;
everything should be on a month=to-month basis within the
context of an annual agreement. The agreement will be
amended to reflect this change.
3 . Compensatory time.
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There is a reference to compensatory time, which was to have
been stricken, and which will be eliminated from the final
agreement.
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Councilman Pernell moved approval of the agreement, subject to `
the above mentioned changes. � Councilwoman Murdock seconded the
motion, and it carried by the following roll call vote:
AYES: Councilwoman Murdock, Councilman Pernell,
Councilwoman Swanson, Mayor Leeuwenburgh
NOES: None
ABSENT: Councilman Heinsheimer
PROPOSED ORDINANCE LEVYING A CHARGE FOR USE OF LAW ENFORCEMENT
PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES
At the previous City Council meeting the Council asked staff to
draft an ordinance which would, if adopted, levy a charge for the use
of law enforcement personnel related to the breaking up of loud and
unruly assemblages. The purpose of the ordinance is to access the
� offending sponsor of such an event the cost of police services
� necessary for dealing with the problems that occur as a result of
� their lack of control of such a gathering. The City Manager pointed
out that the Neighborhood Alert on Drugs and Alcohol (NADA) wrote a
7 letter praising the Council for considering such an ordinance.
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Q Councilwoman Murdock reported that she also received a letter
from Beth Lundy of the Palos Verdes Peninsula Unified School District,
expressing her support for such an ordinance.
Councilwoman Swanson raised questions regarding the noticing
process.
The City Attorney explained that a possible scenario might be
that a written notice would be prepared by the Sheriff, in conjunction
with the City, and, that deputies would carry copies of this notice
with them. The deputies would seek out the host or homeowner, advise
him/her of the problem, and indicate that the City of Rolling Hills
has an ordinance charging the party host for the cost of additional
law enforcement personnel, should it become necessary. The deputy
would then hand the person responsible a copy of the notice, which
would simply be a one page statement of the City's ordinance
requirements.
There was extensive discussion on the noticing process.
Councilwoman Swanson had concerns about a minor signing the notice.
The City Attorney pointed out that often times these are absentee
parent parties. He suggested that the property owner, host or
responsible person at the party be the one to sign the notice.
Councilman Pernell also suggested that the language on page 2, in the
first sentence, be changed to read " . . .and/or on whose property the
� gathering is held. . . " to cover the situation where a house might be
used for a party without the property owners ' or the parents� .
permission.
Councilman Pernell suggested that, with this notice, the
individual be informed of the Sheriff's °rates.
Councilwoman Swanson asked if there were built-in safeguards to
prevent overkill on the part of the Sheriff's Department. The City
Attorney explained that there is no precautionary or limiting
mechanism built into the ordinance. In his opinion, it should be
anticipated that the Sheriff would operate properly, and employee law
enforcement resources in a proper and appropriate manner. The Council
has the discretion to bill an individual for an amount it feels is
appropriate.
Councilman Pernell raised the question of the frequency of these
types of activities. The City Manager explained that these types of t
parties occur about eight to ten times per year, and they usually
occur at very specific times of year. The City Attorney suggested
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that a notice be published in the newsletter around these specific :Y
time periods, notifying residents of the City's ordinance levying a ;;
fee for additional law enforcement personnel to control loud and �
unruly assemblages. `�
Councilman Pernell requested that the Council be informed
whenever this ordinance is brought into play. �,
Councilwoman Swanson verified that the wording of the ordinance
would be amended to require that a signature be obtained on the
serving document, i.e. , notice.
Councilwoman Murdock moved introduction of Ordinance No. 223,
entitled "AN ORDINANCE LEVYING A CHARGE FOR USE OF LAW ENFORCEMENT
PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES", and that reading in full be
waived. The City Attorney confirmed that the language was to be
amended, as previously noted. Councilman Pernell seconded the motion,
and it carried unanimously.
SEWER ADVISORY COMMITTEE REPORT
This matter was held on the agenda for discussion at the February
12 meeting.
OPEN AGENDA
No one addressed the Council on the Open Agenda.
PUBLIC HEARINGS
REVISED GENERAL PLAN
Ms. Karen Warner, Cotton/Beland/Associates, briefed the Council,
and explained that the revised General Plan has gone through several
drafts, based on input from the community, from the community-wide
questionnaire, and from the Planning Commission. The current document
reflects the comments from the Planning Commission, and, where there
have been changes is denoted in the margins.
The Land Use Element keeps the basic existing land use pattern in
the City as it is today, and sets forth a variety of different
policies to maintain the City's existing rural character. The Land
Use Plan provides for a net increase of 59 dwelling units. Also, a
landslide hazard overlay is proposed as a mechanism to show people
potentially interested in developing or purchasing in unstable, active
landslide areas, that this is a unique area and there are additional
factors to consider in developing this area.
The Housing Element deals with policies which describe the City's
unique housing environment, but also, which attempts to meet the
State's requirements for affordable housing. One of the primary
proposals of the Housing Element is the creation of an ordinance to
regulate the development of second units, distinguished from guest
houses, to provide incentives for second units through fee waivers and
reduced parking requirements, and to regulate the rents on these
second units. This is an attempt to meet the City's stated share, as
determined by Southern California Association of Governments (SCAG) ,
of 9 additional affordable housing units in the next 5 year period.
The Housing Element also sets forth programs for the City to continue
contributing funds for its congregate housing in the City of Lomita
for senior citizens, to coordinate with existing shared housing
services in the surrounding communities to provide a referral service
for seniors, and, also to link in with existing reverse mortgage
programs for seniors.
The Circulation Element sets forth policies to maintain the
City's existing system of private roadways, and to require any new
development to adhere to the City's existing standards.
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The Open Space and Conservation ,Element sets forth policies aimed
at conserving the City's natural resources, encouraging the retention �
of natural habitat, regulating grading, preservation of hillsides, and �
also sets forth policies which deal with outdoor recreation.
The Safety Element deals with issues related to natural hazards, �
and sets forth a variety of policies dealing with landslides, �
earthquakes, flooding, etcetera. One of its major proposals is for
the City to develop an emergency response plan.
The Noise Element identifies major sources in the City as its
roadway network, sets forth policies for the location of residences
within given noise areas. It also addresses the need to develop a
community noise ordinance to deal with nuisance noise.
The details of the Housing Element and proposed second unit
ordinance were discussed at length. The City Manager explained that
the proposal would be for an overlay ordinance, as opposed to changing
the underlying zoning of the properties. . The procedure for developing
� such an ordinance was discussed with the City Attorney.
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� The issue was raised about the consequences of not complying with
—� the recommendations of the Department of Housing and Community ;:,
� Development, and the potential impacts upon the City. Mr. Don Cotton
pointed out that the comments from the Department of Housing and
Q Community Development (HCD) are only advisory and not mandatory.
The Council asked for information on other cities similar to
Rolling Hills, and how they are dealing with the State requirements.
The City Manager reported that the League of California Cities (LOCC)
has indicated that, in all likelihood, they will have legislation
introduced this year to try to deal with this issue.
Mayor Leeuwenburgh opened the public hearing, and invited
comments from the audience. No one addressed the Council regarding
this matter.
The Council felt it would be beneficial to discuss this with the
Planning Commission to get their thinking on this matter, and,
therefore, the public hearing was continued to the joint meeting of
the City Council and Planning Commission on Monday, January 29, 1990,
at 7 : 30 p.m. , in the Council Chamber at City Hall.
ENVIRONMENTAL IMPACT REPORT FOR THE REVISED GENERAL PLAN AND ZONING
ORDINANCE
Mr. Don Cotton, Cotton/Beland/Associates, explained that there
has to be environmental documentation prepared with regard to the
General Plan, since the Plan, under the California Environmental
Quality Act constitutes a project, . and, as such, requires an
environmental analysis of that project. The Environmental Impact
Report (EIR) was prepared for the General Plan, and was circulated to
all the appropriate agencies and other interested parties, and was
made available for review to the public for a period of thirty (30)
days. The State Clearing House is responsible for circulating it to
the State agencies, and gives a letter to the City saying that that
was accomplished and includes any comments that those State agencies
might have provided. In the case of the EIR, only 2 or 3 comments
were received, which basically indicated that the responding agency
had no comment. Basically, the Environmental Impact Report indicates -��
that there is no major impact that would be expected from the adoption ��.
of the General Plan. The EIR needs to be certified by the Council ��'
prior to the adoption of the General Plan, and should be retained as '°
the official document in regard to the Plan. �
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Also, the State law was amended last year to require that �
environmental documents have a mitigation monitoring aspect to them. a,
Thus, this document has a mitigation monitoring program, which is 5 �
pages long and deals with the things that are required to assure that '
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the mitigation of any adverse effects is accomplished over the course
of the implementation of the General Plan.
The public hearing was declared open, and public comment
invited. No one spoke to Council on this matter. The public hearing
was continued to Monday, January 29, 1990, at 7: 30 p.m. in the Council
Chamber at City Hall.
MATTERS FROM MEMBERS OF THE CITY COUNCIL :
LIGHTING OF CITY-OWNED TENNIS COURTS
Councilman Pernell recommended that this matter be forwarded to
the Planning Commission for their review. �
There being no objections, the Mayor directed that this matter be
sent to the Planning Commission for their review and consideration, �
and that it be pulled from the February 12 agenda.
The City Manager indicated it would be placed on the February
20th Planning Commission agenda. ;;
SOUTH BAY JWENILE DIVERSION WORKSHOP i,'
Councilwoman Swanson would like an opportunity, at a future ��
meeting, to report to the Council on some of the things that were ��
discussed at the workshop. She found it very beneficial.
MATTERS FROM STAFF
RECYCLING PROGRAM
The City Manager reported that BFI is developing a proposal,
which they have indicated they will have to us before the end of the
month. He expects a more detailed report available for the February
12th Council meeting.
CITY HALL RENOVATION AND REMODEL
The City Manager indicated that by the next meeting, a
boilerplate bid packet would be prepared that would provide for a
design and build type of bid process, and, subsequently, the
renovation and remodel of the front office area would go to bid.
PETITION FOR ESTABLISHMENT OF SEWER ASSESSMENT DISTRICT (JOHNS CANYONJ
CHESTNUT LANE)
The petition has been given to the homeowners on Johns Canyon
Road to circulate. We expect to hear back from them in the near
future. The City Manager spoke with the two proponents of the
petition, Dr. Stone and Mr. Peters, and they will be bringing back the
petition to the Council as soon as they get the signatures affixed to
it. The petition notices the property owners to the fact that if the
sewer assessment district is formed, whatever costs that we accrue in
the process of establishing it (engineering costs, legal costs, and
other incidental costs) would be attributable to each of the property
owners on a pro rata basis.
Mr. Courtright had a question about the type of bond. The City
Attorney explained that they would be assessment bonds and not general
obligation bonds, and would be payable only from the assessments from
the property. Neither the City nor its general revenues would, in any
way, be responsible or liable for repayment of the bonds, under any
circumstances. y
ARMY CORPS OF ENGINEERS RECONNAISSANCE STUDY �
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The City Manager reported the reconnaissance study whxch was
supposed to have been completed by the end of 1989, has been extended
into the Spring of 1990, due to the fact that the City of Rancho Palos �
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Verdes was able to obtain an additional $90, 000 to have the shoreline
along Portuguese Bend/Abalone Cove' evaluated. When that report is
complete, public workshops will be� set up so that the reconnaissance
study can be explained to�the citizens of the Peninsula, specifically,
Rolling Hills and Rancho Palos Verdes.
RETIREMENT OF ELMER OMOHONDRO
The City Manager reminded the Council that there will be a
retirement celebration for Elmer Omohondro of the Sheriff' s Department
on March 16, beginning at 6: 30 p.m. at the Golden Star restaurant in
Whittier.
� Mayor Leeuwenburgh asked staff to research whether or not a
plaque was presented to Captain Omohondro when he left. .
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SOUTH BAY CITIES .•
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On Thursday evening, South Bay Cities will have a speaker from °
RTD to speak on MetroRail. The meeting will be at Ante' s in San
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� PALOS VERDES PENINSULA COORDINATING COUNCIL
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7 The Coordinating Council is having a program at noon on Thursday,
m on the two proposed hotel projects. �
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SB 255
The City Manager explained that this is a piece of legislation,
approved some time ago, fostered by Senator Bergeson, that requires
all development within 2 miles of an airport to be reviewed by the
Regional Planning Agency, in this case the County of Los Angeles. The
City of Rolling Hills is within 2 miles of the Torrance Municipal
Airport, so we fall within the SB 255 range. Several of the City
Managers in the South Bay met last Wednesday, and will be meeting
again January 25 to discuss this matter, after which, a more extensive
report will be forthcoming. Essentially, this bill specifies that
everything has to go to the County of Los Angeles before the City can
issue any permits. However, the County of Los Angeles does not have
any discretionary authority, to our knowledge, under this legislation;
they simply review plans.
ALL WEATHER ACCESS
This is an issue that has recently arisen. A meeting will be
scheduled with the Mayors and City Managers of Rolling Hills, Rolling
Hills Estates, and Palos Verdes Estates, to discuss ways of dealing
with the County's Fire Code requirement of "all weather access" , and
the apparent conflict with that requirement and with the goals and
objectives of, certainly, our General Plan. There will also be a
meeting scheduled with Assistant Fire Chief Corbett to discuss this
matter.
LETTER FROM MR. ESSER
Mr. Esser has written a letter to the Council regarding drainage
in the area of the landslide. The City Attorney has prepared a memo
regarding possible ways that those kinds of activities proposed by Mr.
Esser could be funded. A report will be prepared responding to Mr.
Esser's comments.
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CLOSED SESSION �'
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There were no matters for discussion in Closed Session. �
ADJOURNMENT .
Mayor Leeuwenburgh adjourned the meeting at 9: 36 p.m. , to Monday,
January 29, 1990, at 7: 30 p.m. in the Council Chamber at City Hall,
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for the purpose of conducting a joint meeting with the Planning
Commission.
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City Clerk
APPROVED:
Mayor
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