5/14/1990L
433'
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING*HILLS, CALIFORNIA
May 14, 1990
A regular meeting of the City Council of the city of Rolling
Hills was called to order at 7:35 p.m. in the Council Chamber at the
City Hall/Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California, by Mayor Pro Tem Pernell on Monday, May 14, 1990.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
Councilwoman Leeuwenburgh, Councilwoman Murdock,
Councilwoman Swanson,*Mayor Pro Tem Pernell
Mayor Heinsheimer (excused)
Terrence L. Belanger
L. D. Courtright
Michael Jenkins
Ray Hamada
Julie Roberts
Capt. Dennis Gillard
Chief Rene Rigaud
Ann Johnson
Anne La Jeunesse
Marie Montgomery
Doug McHattie
Keith Palmer
Don Cotton
Karen Warner
Mr. & Mrs. Brogdon
Dr. Robert Fenton
Dr. & Mrs. Greenberg
Frank Hill
Mr. & Mrs. Manning
Bill Martin
Dr. &-Mrs. Witmer
REPORT FROM FIRE DEPARTMENT
City Manager
City Treasurer
City Attorney
Principal Planner
Secretary
Lomita Sheriff's Stn.
L. A. Co. Fire Dept.
Los Angeles Times
Peninsula News
Daily Breeze
South Bay Engineering
Architect
Cotton/Beland/Associates
Cotton/Beland/Associates
Residents
Resident
Residents
Resident
Residents
Resident
Residents
Fire Chief Rene Rigaud reported that there was a small structural
fire at 33 Crest Road West. The fire was located in the garage, and
was able ° to be contained largely because the roof was of
non-combustible material.
CONSENT CALENDAR
Councilwoman Swanson moved that the items on the Consent Calendar
be approved and accepted as presented. Councilwoman Leeuwenburgh
seconded the motion, and it carried unanimously.
APPROVAL OF MINUTES
The minutes of a regular meeting of the City Council on April 23,
1990, of an adjourned meeting on April 24, 1990, and of an adjourned
meeting on April 30, 1990, were approved as written.
PAYMENT OF BILLS
Demands Nos. 4529 -through 4582, in the amount of $35,005.91, were
approved for payment from the General Fund.
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RESOLUTION NO. 609
Resolution No. 609, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL IN ZONING
CASE NO. 417", was unanimously approved and adopted.
RESOLUTION NO. 610
Resolution No. 610, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, APPOINTING AN ALTERNATE
DIRECTOR TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5
OF LOS ANGELES COUNTY", was approved and adopted unanimously.
RESOLUTION NO. 611
Resolution No. 611, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, APPOINTING THE MAYOR OF THE
CITY OF ROLLING HILLS AS THE DELEGATE AND THE CITY MANAGER OF THE CITY
OF ROLLING HILLS AS THE ALTERNATE TO THE BOARD OF DIRECTORS OF THE
COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY", was unanimously
approved and adopted.
RESOLUTION NO. 612
Resolution No. 612, entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, APPOINTING A DELEGATE AND
ALTERNATE TO THE LOS ANGELES COUNTY WEST MOSQUITO ABATEMENT DISTRICT",
was unanimously approved and adopted.
RESOLUTION NO. 613
Resolution No. 613, entitled "A RESOLUTION ELECTING TO BE SUBJECT
TO PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT AND FIXING THE
EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION
FOR ANNUITANTS AT DIFFERENT AMOUNTS", was unanimously approved and ■
adopted.
OLD BUSINESS
ORDINANCE NO. 224
This is an ordinance that would authorize the City to grant and
govern franchises for cable television systems. This matter was
continued from the Council's previous meeting to allow the City
Attorney the opportunity to provide a written opinion on the City's
authority to grant franchises on private property. Subsequently, in
the City Attorney's opinion, dated May 8, 1990, he indicates that the
City may, by franchise or license, authorize the construction of a
cable television system.
There was no further discussion, and Councilwoman Swanson moved
that Ordinance No. 224, entitled "AN ORDINANCE OF THE CITY OF ROLLING
HILLS GOVERNING FRANCHISES FOR CABLE TELEVISION SYSTEMS GRANTED BY THE
CITY AND AMENDING TITLE 5 OF THE ROLLING HILLS MUNICIPAL CODE", be
adopted and that reading in full be waived. Councilwoman Leeuwenburgh
seconded the motion, and it carried unanimously.
REPORT RE: PLANNING APPLICATION FEES
The City Manager reviewed the staff report regarding this matter,
and indicated several changes to the existing fees. Pursuant to
comments and discussion at the last meeting, staff re-evaluated the
filing fee for an appeal, and recommended that it be changed, such
that the fee would be equal to two-thirds of the amount of the
original categorical application fee.
The Council commended staff on the report, and directed that the
appropriate resolution be prepared for their next meeting.
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pRAFT POLICY FOR MIXED-USE PLANNING APPLICATIONS
The Council discussed the draft policy on mixed-use structures,
prepared by staff. Staff recommended that the draft policy be
remanded to the Planning Commission for review and consideration, if
the Council is in agreement with the suggested conditions.
Councilwoman Murdock suggested that the Planning Commission,
during their consideration of this matter, explore the feasibility of
placing a size limitation on these types of structures.
Mayor Pro Tem Pernell suggested that the Planning Commission
consider the issues of size of structure, and number and types of
vehicles relative to the vehicular access conditions. It was also
suggested that the last sentence in condition 6 (A) should read, "...
number of vehicle trips may be ..."I
Councilwoman Swanson asked the City Attorney to review the
enforcement mechanism. The City Attorney explained that one
suggestion would be that the applicant be required to post a bond for
00 'the cost of demolition of the structure, if it became necessary, in
conjunction with an agreement that would allow the City right of
Lo access to the property to facilitate the removal.
7 Councilwoman Leeuwenburgh requested that the Planning Commission
Co closely examine the use of these types of structures. She feels that
Q these buildings are essentially warehouses, and may be considered a
commercial storage structure.
Mayor Pro Tem Pernell that the Planning Commission, among the
other issues mentioned above, consider the function of these mixed-use
structures, and their appropriateness.
There being no further discussion, the draft policy memorandum
was referred to the Planning Commission for review and consideration.
OPEN AGENDA
Mayor Pro Tem Pernell invited comments from the audience on any
matter no outlined on the agenda.
Mr. Chris Manning, 14 Crest Road West, addressed the Council on
the matter of the proposed Hon development in Rancho Palos Verdes, at
the Rolling Hills boundary. He briefed the Council on the development
proposal, and requested that the City review the proposed development
plans with respect to land stability and its potential effect on
property in Rolling Hills.
The matter was referred to staff. The City Manager indicated
that a report on this matter would be prepared for the next meeting.
ENVIRONMENTAL IMPACT REPORT FOR REVISED GENERAL PLAN AND ZONING,
ORDINANCE
Staff reported that all the comments received by the City have
been incorporated into the Environmental Impact Report. Staff
recommended that the EIR be adopted, and that Council direct staff to
prepare the appropriate ratification and certification documents.
The City Attorney commented that certification of the
Environmental Impact Report indicates that it is complete and in
compliance with the California Environmental Quality Act. The EIR is
strictly an informational document. It can be updated with new
information, but is not amended. The General Plan can be amended up
to four (4) times a year. To certify the Environmental Impact Report,
a Resolution of Certification would need to be prepared, finding that
no significant environmental impacts have been identified.
Certification of the Environmental Impact Report can be a separate
action, or combined with the General Plan.
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Mr. Don Cotton, Cotton/Beland/Associates, commented on this
issue. He suggested postponement of certification of the
Environmental Impact Report until all public testimony has been taken
on the Revised. General Plan. The City Attorney concurred with this
suggestion. Therefore, the matter was continued until the final
review and public hearing on the General Plan has occurred.
CITY TREASURER, LARRY COURTRIGHT, WAS EXCUSED FROM THE MEETING.
NEW BUSINESS
REPORT OF PLANNING COMMISSION ACTIONS - APRIL 18, 1990, & MAY 5, 1990
ZONING CASE NO. 411. DR. ROBERT FENTON. 77 EASTFIELD DRIVE
Mr. Ray Hamada, Principal Planner, reported that the Planning
Commission took action to approve this request for a Variance to
encroach ten feet (101) into the side yard setback to construct an
addition to the existing residence of approximately 200 square feet.
During their consideration of this matter, there was concern expressed
regarding the issue of access to the rear stable/garage structure,
and, thus, the Planning Commission granted approval subject to
condition "G" on page 3 of the Resolution of Approval.
There was no further discussion, and the Council received the
report of approval for the file.
ZONING CASE NO. 419. WILLIAM MARTIN. 17 CABALLEROS ROAD
Mr. Hamada reported that the Planning Commission denied this
request for a Variance to encroach into the rear yard to construct a
retaining wall and an addition to the existing residence.
Subsequently, pursuant to requests by the applicant, the Planning
Commission reconsidered this application twice, and voted to uphold
their denial.
Councilwoman Swanson inquired whether or not anyone had expresse
opposition to the proposed development. Mr. Hamada advised that no
one had expressed opposition.
Councilwoman Swanson asked what the distance was from the
proposed development to the nearest residence. Mr. Hamada indicated
that it is approximately 200 feet to the center of the nearest
residence, or approximately 150 feet to the edge of the nearest
residence, located on Maverick Lane.
Councilwoman Swanson requested that the Council take jurisdiction
of this matter. She commented that, from the information provided,
she was not able to support the Planning Commission's decision, and
felt it would be appropriate for the Council to review this matter.
In deference to Councilwoman Swanson's opinion, Councilwoman
Murdock and Councilwoman Leeuwenburgh concurred. Councilwoman Murdock
commented that this action should not be viewed by the applicant as an
implied approval.
Therefore, the Council took jurisdiction of this matter, and
scheduled a public hearing for June 11, 1990, at 7:30 p.m.
ZONING CASE NO. 420. DR. AND MRS. STEVE GREENBERG. 5 HILLSIDE LANE
Mr. Hamada reported that the Planning Commission approved this
request for Site Plan Review for a proposed new residential
reconstruction. This application is for Site Plan Review for the
proposed redevelopment of the site, with a new 7,380 square foot
residence, 1,076 square foot attached garage, swimming pool, and 1,163
square foot stable. The size of the residence has been reduced by
approximately 700 square feet from the original proposal, and the plan
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was further modified to create a side yard setback of thirty feet
(301), in response to concerns regarding the proximity to the Hoffman
property.
There was no further discussion, and the report of approval was
received by the Council.
ZONING CASE NO. 421, CHARLES HILLWAY, 2 FLYING MANE ROAD
Mr. Hamada reported that this is a request for Variances to
reduce the lot frontage required for additional driveway accesses, to
encroach into the front yard setback to construct a retaining wall, to
exceed the 7% maximum allowable grade for the first twenty feet of a
driveway, and a request for a Conditional Use Permit for an additional
driveway access. Following two public hearings and a field
investigation of this site, the Planning Commission voted to grant
this request. This proposed additional driveway access was also
reviewed and approved by the Traffic Commission.
There was no additional discussion, and the Council received the
00 report of approval for the file.
T -J ZONING CASE NO. 423, STEPHANIE ENRIGHT, 35 CHUCKWAGON ROAD
LO Mr. Hamada reported that the Planning Commission approved Zoning
Case No. 423, a request for a Variance to the side yard setback
requirements to allow construction of additions to the existing
Q nonconforming residence, and for Site Plan Review for the proposed
additions and raised.wood deck.
The City Manager commented that most, if not all, of the
requested improvements are necessity, due to the fact that the
property in the rear has settled, which is affecting the existing
structure.
Councilwoman Murdock noted that Section,6 (A) of the resolution
needs- to be reworded, i.e., the sentence "The project conforms to
Zoning Code setback..." would indicate a variance is not necessary.
Staff indicated that the resolution would be corrected, accordingly.
There being no further discussion, the report of approval was
received by the Council.
ZONING CASE NO. 424, DONALD BORDEN, 5 QUAIL RIDGE ROAD NORTH
Mr. Hamada reported that Zoning Case No. 424, a request for a
Conditional Use Permit for a guest house, and for Site Plan Review for
the proposed guest house, was approved by the Planning Commission.
The proposed guest house will be approximately 800 square feet, and
detached. The Commission determined that there would be no visual
impact, as the guest house will be located away from the roadway and
the surrounding properties.
The Council received the report of approval for the file.
PUBLIC HEARINGS
ZONING CASE NO. 412. GORDON SIU/MANSOOR MIRSAIDI. 9 CABALLEROS ROAD/
1 MAVERICK LANE
Staff explained that this matter was previously reported to the
Council as approval by the Planning Commission. However, one of the
Co -applicants, Mr. and Mrs. Mirsaidi, submitted a letter, dated April
23, 1990, expressing concern about the proposed development plan for
the easement between the two properties. Thus, the Council took
jurisdiction of this matter and set it for a public hearing for this
evening. To date, there has been no indication of resolution of the
concerns expressed by the Mirsaidis.
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Mayor Pro Tem Pernell opened the public hearing.
Mr. Doug McHattie, South Bay Engineering, addressed the Council
and explained that he is the representative for both applicants. He
commented that it was his understanding that the Mirsaidis were
concerned that their attorney had not had an opportunity to review the
development plan, which appeared to have an item omitted.
Subsequently, the plan was prepared and submitted to their attorney
last Friday afternoon, who reviewed it and indicated that it is
acceptable. However, there has been no communication from the
Mirsaidis since their attorney has reviewed the plan. The court
document specified that there would be a twenty foot (201) section
from their driveway onto the easement. Mr. McHattie explained that he
had not specified the figures on the plan, which is what the Mirsaidis
were concerned about.
Mr. Michael Jenkins, City Attorney, suggested that the Council
request that a letter be submitted from the Mirsaidis and their
attorney, indicating agreement with the proposed development plan, as
revised.
Mayor Pro Tem Pernell so directed staff, and continued the public
hearing to the next meeting.
Mayor Pro Tem Pernell commended staff on the presentations on the
reports of the Planning Commission's actions.
PUBLIC HEARING - CONTINUED
REVISED GENERAL PLAN
The City Manager advised the Council that the Consultants,
Cotton/ Beland/Associates, have prepared the latest version of the
General Plan, and the revised pages have been inserted into their
binders. This matter was continued to allow the Consultants the
opportunity to review the Housing Element, and implications that might
arise if the Housing Element, as currently proposed, were to be
approved. The City Attorney's office has reviewed, extensively, the
General Plan and has provided numerous comments, which have been
incorporated into the General Plan.
Ms. Karen Warner, Cotton/Beland/Associates, commented that the
changes that have been made are primarily a result of comments from
the City Attorney's office, ensuring consistency and compatibility
with the Environmental Impact Report. The remaining issue to be
resolved is the Housing Element, and its ability to meet the City's
low and moderate income housing requirement. One approach taken was
to develop an ordinance allowing the development of second units, with
specific criteria to be met. Ms. Warner explained that, now, they are
seeking direction from the City Council on what approach to take in
developing the Housing Element.
Mayor Pro Tem Pernell opened the public hearing, and invited
comments from the audience.
Mr. Frank Hill, 11 Cinchring Road, queried whether the City could
legitimately claim that the increased density would adversely affect
the seemingly fragile geological conditions, and, therefore, would be
a detriment to the public health and safety.
Mr. Don Cotton, Cotton/Beland/Associates, explained that that
would be difficult to substantiate while, at the same time, allowing
other development.
Following a lengthy discussion on the various policies to be
established relating to the Housing Element, and, ultimately, the
General Plan, Mayor Pro Tem Pernell proposed that a Sub -committee be
formed to explore all possibilities and develop recommendations to
present to the Council. It was decided that the Sub -committee would
consist of Councilwoman Swanson and Councilwoman Murdock.
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Ultimately, the public hearing was closed, and staff indicated
that when the Sub -committee has completed its research, developed
input and suggestions, and the document is revised accordingly, the
matter would-be renoticed for a public hearing.
The Sub -committee felt that a reasonable period. of time to
research this matter would be sixty days. Therefore, Mayor Pro Tem
Pernell suggested that this matter tentatively be scheduled to be
brought back to the Council for consideration and discussion at their
first meeting in July.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
COUNCIL COMMITTEE ASSIGNMENTS.
It was noted that these would be decided at the Council retreat.
DROUGHT AND WATER CONSERVATION
Mayor Pro Tem Pernell requested that staff request input from the
00 California Water Service Company on the status of its water supply.
t J The City Manager indicated that a status report would be provided in
Lo the weekly information memorandum packet.
Councilwoman Swanson also suggested that water conservation tips
Qbe published in the newsletter.
j,,EAGUE OF CALIFORNIA CITIES (LOCC) MEETING
Councilwoman Leeuwenburgh reported that at the League of
California Cities meeting, the incumbent, Mr. Tom Jackson, was
re-elected to the LAFCO seat.
MATTERS FROM STAFF.
1990 COUNCIL RETREAT
The City Manager announced
scheduled for May 31 - June 2,
Arrowhead, to discuss the actio
for the 1990/91 year.
SENIOR ACCOUNTANT POSITION
that the 1990 Council Retreat is
1990, at the Saddleback Inn, Lake
n plan for the City of Rolling Hills
The City Manager reported that today was the closing date for
receiving applications for the senior accountant position. There were
sixty-five (65) applications received. Staff will review.and screen
the applications, and the finalists will be invited for an interview.
COMPUTERIZED PROPERTY DEVELOPMENT SOFTWARE,
The City Manager explained that he and the Principal Planner have
been exploring software to track property development. The "Land
Bank" system would provide information and data related directly to a
discrete assessor number, and would provide an inventory for an
individual parcel. The "Project Tracking System" would allow staff to
track, step-by-step, development projects.
Mayor Pro Tem Pernell suggested that the City Treasurer, Mr.
Larry Courtright, be included in any presentations relating to this
matter.
CITY MANAGER RESIGNATION
The City Manager announced that he'has, regretfully, submitted
his resignation, to accept a position with the City of Diamond Bar as
Assistant City Manager.
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Mayor Pro Tem Pernell commented that the Council has begun its
search for a replacement. Proposals have been submitted from
professional search firms.
CLOSED SESSION
A Closed Session was not requested.
ADJOURNMENT
Mayor Pro Tem Pernell adjourned the meeting at 9:58 p.m.
APPROVED:
Mayor
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City Clerk