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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' ;�- Jim Carley Resident Frank Hill Resident ;�; CONSENT CALENDAR _. 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. ;. � �,. FINANCIAL STATEMENT �' The Financial Statement for the month of December, 1989, was `1 accepted as presented. �� .�. OLD BUSINESS ,� �t: There were no matters of Old Business for the Council 's ,}r consideration. . �_ t .� � �Y -� �41 Y' � la r� 382 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. � There is a reference to compensatory time, which was to have been stricken, and which will be eliminated from the final agreement. - 2 - 38�3e ;: ;; , 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. � 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 �. - 3 - 384 ` � � 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. - 4 - � i . 3 8�5 � � 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. � � 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. � , :o 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 ' � �: ? ;� a - 5 - ' 386 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 � f 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 � - 6 - � �$�' 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. . A: � SOUTH BAY CITIES .• �: 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 � Pedro. �;; � PALOS VERDES PENINSULA COORDINATING COUNCIL � 7 The Coordinating Council is having a program at noon on Thursday, m on the two proposed hotel projects. � a � 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. �; CLOSED SESSION �' � 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, f ! a i 7 f 388 � for the purpose of conducting a joint meeting with the Planning Commission. i City Clerk APPROVED: Mayor ; I � , � � � � - 8 - i