Loading...
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. 434 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. - 2 - 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. - 3 - 436 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 - 4 - 0 4 3-'7: 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. - 5 - ! 16i 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. - 6 - MM 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. - 7 - 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 - 8 - City Clerk