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.
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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
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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
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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".
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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.
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the issue of the length of
in the City. This seems to
like to revisit this issue.
scheduled for the May 29th
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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.
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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
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City Clerk