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4/23/1990422 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA April 23, 1990 A regular meeting of the City Hills was called to order at 7:37 p.m. City Hall/Administration Building, 2 Hills, California, by Mayor Leeuwenburgh ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Council of the City of Rolling in the Council Chamber at the Portuguese Bend Road, Rollin on Monday, April 23, 1990. Councilwoman Murdock, Councilman Pernell, Councilwoman Swanson, Mayor Leeuwenburgh Councilman Heinsheimer (excused) Terrence L. Belanger L. D. Courtright Kevin Ennis Julie Roberts Chief James Corbett Capt. Dennis Gillard Ann Johnson Anne La Jeunesse Douglas McHattie Bill Cross Evie Hankins Frank Hill Betsy Raine Allan Roberts Marge Schmit V'Etta Virtue John Welbourn City Manager City Treasurer Asst. City Attorney Secretary L. A. Co. Fire Dept. Lomita Sheriff's Stn. Los Angeles Times Peninsula News South Bay Engineering Resident Resident Resident Resident Resident Resident Resident Resident Councilwoman Swanson requested that the minutes of April 17, 1990, be removed from the Consent Calendar. She then moved that the remaining items on the Consent Calendar be approved as presented. The motion was seconded by Councilwoman Murdock, and it carried unanimously. APPROVAL OF MINUTES Councilwoman Swanson requested that the minutes of April 17, 1990, be amended to reflect the fact that Resolution No. 606, establishing an investment policy, is an amendment to the City's existing investment policy. Subsequently, April 17, 1990, be the motion, and it PAYMENT OF BILLS Councilwoman Swanson approved as amended. carried unanimously. moved that the minutes of Councilwoman Murdock seconded Demands Nos. 4501 through 4528, in the amount of $23,169.19, approved for payment from the General Fund. FINANCIAL STATEMENT wer The Financial Statement for the month of March, 1990, was accepted as presented. 03, j2ESOLUTION NO. 607: PUBLIC EMPLOYEE'S MEDICAL AND HOSP SAL CARE ACT Resolution No. 607, entitled "RESOLUTION TO BE SUBJECT TO PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT", was unanimously.approved and adopted. OLD BUSINESS ORDINANCE NO. 224: GOVERNING FRANCHISES FOR CABLE TELEVISION - This matter was continued from the Council's meeting on April 17, 1990, to allow the City Attorney the opportunity to prepare a written opinion regarding the City's authority to establish a franchise on private property. The City Attorney is finalizing the opinion, and staff requested that this matter be continued to the Council's meeting on May 14, 1990. There being no objections, Mayor Leeuwenburgh so ordered. PRESENTATION OF PLAQUES OF RECOGNITION Mayor Leeuwenburgh presented Mr. Larry Courtright, City � Treasurer,, with a City plaque in recognition of his many years of Lo dedicated service to the City of Rolling Hills. Councilwoman Murdock presented Planning Commission Chairman Allan (D Roberts with a City plaque as a token of appreciation for his many < years of dedicated service. Councilman Pernell presented Mrs. Evie Hankins, Planning Commissioner, with a City plaque in appreciation of her service and dedication to the community. Planning Commissioner Betsy Raine was presented a City plaque by Councilwoman Swanson, in honor of her service to the City of Rolling Hills. Councilman Pernell recognized Mrs. Marge Schmit, and presented her with a City plaque for her many years of dedicated service on the Rolling Hills Traffic Commission. Mrs. V'Etta Virtue was recognized and honored for her service on the Traffic Commission, and Councilwoman Murdock presented her with a City plague as a token of appreciation. Mayor Leeuwenburgh presented Mr. John Welbourn with a City plaque in honor and recognition of his service on the Traffic Commission. Councilwoman Swanson suggested that the recognition of these individuals be advertised'in the newsletter. NEW BUSINESS REPORT OF PLANNING COMMISSION ACTIONS - APRIL 7, 1990 The City Manager informed the Council that the Principal Planner, Mr. Ray Hamada, was attending a seminar at UCLA, and, thus, was unable to attend the meeting. Therefore, the City Manager indicated that he would be presenting the reports of the Planning Commission. ZONING CASE NO. 405. GLOVER SANDERS. 69 EASTFI:FLD DRIVE This is a request to modify the previously approved site plan to allow for the installation of a swimming pool and spa, at 69 Eastfield Drive, and, accordingly, to amend the Resolution of Approval. The City Manager explained that the previous site plan incorporated the building but not the swimming pool or spa. The revised plan will encompass a 495 square foot pool and spa, and approximately 1,310 2 - i 424 square feet of additional decking. This would result in a structural lot coverage of approximately eleven percent (11%) and a total lot coverage of approximately twenty-one percent (21%). The Planning Commission reviewed this matter, and reports a recommendation for approval. There were no questions or objections from the Council, and the report of approval was received for the file. ZONING CASE NO. 412: GORDON SIU. 9 CABALLEROS ROAD: MANSOOR MIRSAIDI. 1 MAVERICK LANE Zoning Case No. 412 is a request, by Mr. Gordon Siu, for a Variance to the side yard setback requirements to construct an addition to the existing residence at 9 Caballeros Road, and for Site Plan Review of the proposed residential additions. A joint application was also filed by Mr. Gordon Siu with respect to 9 Caballeros Road (Lot 32 -SK) and Dr. and Mrs. Mansoor Mirsaidi with respect to 1 Maverick Lane (Lot 31 -SK), requesting a Variance to construct a retaining wall, portions of which lie on both parcels described above. The reason for the joint application is as a result of a court agreement between the Mirsaidis and the previous property owner of 9 Caballeros Road (Stinnett) relating to the use of the easement between these two properties. The Planning Commission approved this application at their April 71 1990, adjourned meeting. Subsequently, Dr. and Mrs. Mirsaidi, pursuant to their letter dated April 23, 1990, have indicated that they have not reviewed or approved the proposed plan, and, therefore, requested that the Council take no action. Staff proposed that the Council take jurisdiction of this matter for the purpose of remanding it back to the Planning Commission for reconsideration. Councilman Pernell moved that the Council take jurisdiction, and that the matter be remanded back to the Planning Commission for clarification and resolution. Councilwoman Swanson seconded the motion, and it carried unanimously. The Council was advised that the appropriate action would be to take jurisdiction and set a public hearing. Following the public hearing, the matter could be remanded back to the Planning Commission. Councilman Pernell moved to reconsider his previous motion. Councilwoman Swanson seconded the motion, and it carried unanimously. Mr. Doug McHattie, South Bay Engineering, indicated that he was also surprised by the correspondence from the Mirsaidis. He feels there is a simple misunderstanding, and that it is possible the problem could be resolved in the next couple of weeks. Councilman Pernell moved to take jurisdiction of Zoning Case No. 412, and schedule a public hearing for May 14, 1990. Councilwoman Swanson seconded the motion, and it carried unanimously. ZONING CASE NO. 414. RICHARD COLYEAR. 35 CREST ROAD WEST This is a request, by Richard Colyear, for a Certificate of Compliance for a Lot Line Adjustment for real property in the vicinity of Chestnut Lane (Lot 241 -A -1 -MS) and real property located at 35. Crest Road West (Lot 241 -A -2 -MS). After three public hearings and a field inspection of the subject parcels, the Planning Commission voted to deny this request, since there was insufficient evidence presented by the applicant to find that Lot 241 -A -1 -MS would comply with Section 17.16.115 of the Municipal Code requiring each parcel to be developed with a driveway to a maintained roadway. The Planning Commission also determined that the two parcels created by the lot line adjustment would not conform - 3 - 0 J 425. to local zoning and building ordinances since Lot 241 -A -1 -MS would not have the required minimum frontage of 150 feet. The Commission also lacked sufficient evidence to find that the two parcels would comply with the Site Plan Review Ordinance standards contained in Section 17.34.040, prohibiting extensive grading and requiring the preservation of natural slopes. Subsequently, Mr. Martin Fischer, legal counsel for Mr. Richard Colyear, wrote a letter, dated April 16, 1990, for the purpose of filing an appeal of the Planning Commission's decision. In addition, the required filing fee was submitted under protest. Councilwoman Swanson moved that a public hearing be scheduled for Tuesday, May 29, 1990, to hear the appeal. Councilman Pernell seconded the motion, and it carried unanimously. OPEN AGENDA Mayor Leeuwenburgh invited comments from the public on any topic not on the agenda. No one spoke on the Open Agenda. 00REPORT RE: PLANNING APPLICATION FEES The City Manager presented a brief staff report on recommended LD changes to the various Planning, Zoning and Subdivision fees. The City Manager advised the Council that there must be notice m given of the Council's intention to reconsider the fees charged for Q the various planning activities, and the report must be available for public review for 15 days, prior to the Council taking action. The proposed changes were highlighted, as follows: Minor Site Review Minor Variance Subdivision Map Filing Fee Code Amendment (non -City initiated) Filing an Appeal $ 750.00 (new) $ 750.00 (previously $1,000) $1,500.00 (new) $2,000.00 (previously $2,.500) Varies -- (previously $3,500) The fee shall be equal to the amount of the original categorical application fee to which the appeal relates. Staff re-evaluated the previous $3,500 filing fee for an appeal of a Planning Commission decision, and concluded that the fee may have created a barrier to reasonable access to the appeal process. Thus, it was suggested that a more reasonable fee for filing an appeal would be the amount of the original categorical application. It was noted, however, that there had been justifiable evidence in past cases to justify the $3,500 fee. The staff report indicated that the fee for a Variance is $1,500.00. The City Manager advised that this was a typographical error; the amount should be $1,250.00, and will be so corrected. Councilman Pernell expressed concern about the fee potentially discouraging an individual from availing himself/herself of the appeal process. There was discussion regarding the fee for filing an ppeal. Staff explained the basis for the fee determination. The ouncil was advised that the fee is based on the estimated reasonable oat of processing an application, per staff analysis. Councilman ernell suggested that in the "Analvsis of Cost Profiles" section of the report, a column be added for "Appeal", with the appropriate cost breakdowns. Councilwoman Swanson suggested that reflect the current versus proposed fees, Fees". - 4 - the report be revised to on the attached "Schedule of HMO The format of the report will be revised, per the comments and suggestions of the Council, and this matter will be brought back to the Council for consideration at their meeting on May 14, 1990. PUBLIC HEARINGS - CONTINUED ZONING CASE NO. 417. KENT BROWNING. 64 SADDLEBACK ROAD The purpose for continuing the public hearing to this evening, was to schedule a field trip that would be mutually acceptable to all the Members of the City Council. Therefore, a field trip was scheduled for Monday, April 30, 1990, at 7:30 a.m. Staff was asked to inform Councilman Heinsheimer of the date of the field trip, and to advise the applicant's architect to have all proposed development staked. REVISED GENERAL PLAN AND ENVIRONMENTAL IMPACT REPORT FOR REVISED GENERAL PLAN AND ZONING ORDINANCE This public hearing was continued from the February 12th Council meeting. At that meeting the Council directed the Consultant, Cotton/Beland/Associates (CBA), to perform some specific work related to developing criteria which may or may not be utilized if a second -unit provision were to be incorporated into the General Plan, and, ultimately, the Zoning Ordinance. The Consultant has been working on the development of those criteria. Subsequently, there have been some text changes to the General Plan and to the Environmental Impact Report. The changes to'the Environmental Impact Report have been determined not to be substantive, and, therefore, the EIR would not have to be recirculated. Thus, staff recommended that the public hearing on the Revised General Plan be continued to May 14, 1990, and that the public hearing be renoticed. Further, regarding the Environmental Impact Report, staff recommended that, following the public hearing this evening, the public hearing be closed and that this matter be continued to the Council meeting on May 14, 1990. The purpose for closing the public hearing on the EIR is to end the public comment period, so that all written and oral comments can be incorporated into the final report. Mayor Leeuwenburgh opened the public hearing, and invited comments from the audience on the Revised General Plan and on the Environmental Impact Report for the Revised General Plan and Zoning Ordinance. There were no public comments on these issues. Councilwoman Swanson moved that the public hearing on the Environmental Impact Report for the Revised General Plan and Zoning Ordinance be closed, and that consideration of the final EIR be set for the meeting on May 14. Further, that the public hearing on the Revised General Plan be continued to the Council meeting on May 14, 1990, and that the public hearing be renoticed. Councilman Pernell seconded the motion, and it carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL COMMITTEE ASSIGNMENTS Mayor Leeuwenburgh advised the Members of the City Council to mark their selections, and forward their preferences to Mayor Pro Tem Heinsheimer at their earliest convenience. Staff was also reminded to prepare the appropriate resolutions designating the delegates and alternates to the various boards. DURATION OF CONSTRUCTION PERIOD Councilwoman Swanson commented on construction time on development projects be an on-going problem, and she would Therefore, the matter was tentatively meeting. - 5 - the issue of the length of in the City. This seems to like to revisit this issue. scheduled for the May 29th 4V CALIFORNIA CONTE►CT CUIES ASSOC ION (CCCA) MEETING Councilman Pernell reported that he attended the California Contract Cities Association (COCA) meeting, at which the following officers were elected: James Van Horn, 1st Vice President; Dennis McDonald, 2nd Vice President; Randy Bomgaars, Treasurer; Ruth Aldaco, Secretary. SANITATION DISTRICT Mayor Leeuwenburgh reported on the activities of the County Sanitation District. TRAFFIC IMPACT ON PALOS VERDES DRIVE NORTH Mayor Leeuwenburgh requested that staff monitor the discussions concerning the possible closure of Via Valmonte at the Torrance boundary. If it happens it would have a tremendous impact on the traffic on Palos Verdes Drive North. Additionally, staff was asked to request that Rolling Hills be included on the EIR review mailing list. 00 MATTERS FROM STAFF LD RECYCLING PROGRAM [� The City Manager reported on the progress of the development of a Q recycling program for the City, and indicated that a sample recycling container, the kind that would be used at individual residences, would be available this week for the Council's inspection. The City Manager discussed the state mandate, enacted by AB 939, that each city prepare and adopt a Recycling Element, and that it be implemented by 1992. It is anticipated that the City of Rolling Hills will have a recycling program established by July, 1990. Councilman Pernell and Councilwoman Swanson suggested that the City staff provide a leadership role by recycling, wherever possible, at the work place. ,FARTH DAY The City Manager that the Earth Day celebration was April 22nd, at Palos Verdes High School, and it was a huge success. The City's Wildlife Preservation Committee had a booth at this event, and it generated a great deal of interest and activity. The City Manager noted that he obtained a small paperback book of environmental tips. Hence, staff will attempt to publish some type of environmental tip in each newsletter. STATUS OF 1989 COUNCIL RETREAT ITEMS This matter was held on the agenda until the full Council can be present. STATUS OF REHABILITATION OF PORTUGUESE BEND ROAD SOUTH There, was no new additional information to report at this time. Staff will .continue to monitor the situation. SENIOR ACCOUNTANT POSITION The City Council Personnel Sub -Committee and Rolling Hills Community Association Personnel Committee met with staff last week to develop a position description and salary for the position that will replace the Assistant Finance Officer position when Norma Young retires in July. Councilman Pernell commented that the meeting was a very positive one. - 6 - M Subsequently, the City Manager reported that the recruitment process has begun. JOHNS CANYON/CHESTNUT LANE SEWER PROPOSAL Staff is awaiting information from Evensen Dodge, Financial Consultants, on estimated funding costs for this project. COUNCIL REORGANIZATION Since Mayor Pro Tem Heinsheimer was unable to attend, due to his flight being delayed, the Council reorganization was postponed until tomorrow evening. CLOSED SESSION A Closed Session was not requested. ADJOURNMENT Mayor Leeuwenburgh adjourned -the meeting at 9:45 p.m., to Tuesday, April 24, 1990, at 5:00 p.m. in the Council Chamber at City Hall. APPROVED: Mayor 7 - City Clerk