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1/14/1991MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA January 14, 1991 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:36 p.m. on Monday, January 14, 1991 in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Murdock, Swanson, Mayor Pro Tem Pernell, Mayor Heinsheimer ABSENT: None ALSO PRESENT: Craig Nealis Anne Palatino Michael Jenkins Lucile Rogers Jay Corbett Doug McHattie Kay Solomon Scott Gobble Bonner Kyle Anne LaJeunesse Ann Johnson Thomas Boyd Frank Hill Elizabeth Lam Betsy Raine Cathy Manning Chris Manning CONSENT CALENDAR City Manager Acting Principal Planner City Attorney Minutes Secretary L.A. County Fire Department South Bay Engineering Sheppard Mullin Southern California Edison Resource Integrated Systems P.V. Peninsula News Los Angeles Times Resident Resident Resident Resident Resident Resident Councilwoman Leeuwenburgh requested removal of item 2.e. from the Consent Calendar in order to abstain from voting on that item. Councilwoman Swanson moved approval of all other Consent Calendar items as listed below. The motion was seconded by Councilwoman Murdock and carried unanimously. a. Approval of Minutes - Regular Meeting of December 17, 1990. b. Payment of.Bills - Demands Number 5109 through 5150 dated January 14, 1991 in the amount of $41,805.46 were approved for payment from the General Fund. C. Financial Statements dated November 30, 1990. d. Application No. 90-12-018: Application to Public Utilities Commission of California from Southern California Edison. f. Memorandum from Rolling Hills Community Association re: Use of Landscape Committee. g. Correspondence and related material from Senator Cecil Green, 33rd District, State of California relative to Senate Bill No. 61 which will repeal the provision of SB 2557 dealing with Counties charging fees for booking prisoners. h. Report regarding Assembly Bill No. 7 (Floyd) pertaining to required use of Safety Helmets for motorcycles or motorized bike operation. 1 Rolling Hills City Council Meeting - 1/14/91 i. California Water Service Company Rule No. 14.1 Entitled Mandatory Water Conservation Rationing Plan for East Los Angeles, Hermosa -Redondo, and Palos Verdes District. ITEM REMOVED FROM CONSENT CALENDAR e. Letter from Mayor Hinchliffe, City of Rancho Palos Verdes, requesting support for The Community Helpline. Councilwoman Leeuwenburgh abstained from voting because she is on a monitoring committee for The Community Helpline. This item was approved on a 4-0-1 vote, to receive and file. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING REGARDING APPEAL OF PLANNING COMMISSION'S DENIAL OF ZONING CASE NO. 414; A REQUEST FOR LOT LINE ADJUSTMENT FOR LOT 241 -A -2 -MS (35 CREST ROAD WEST) AND FOR LOT 241 -A -1 -MS (VACANT LOT OFF OF CHESTNUT LANE). City Manager Nealis reported that the first hearing on this appeal was held by the City Council on December 17, 1990. At that time Councilmembers elected to continue the matter to the January 14, 1991 meeting in order to conduct a field trip on Saturday, January 12, 1991. City Manager Nealis recommended that the Council hear testimony but continue approval of the Resolution authorizing the issuance of a Certificate of Compliance until its meeting of January 28, 1991 to permit preparation of an amended Resolution to include the following statements: (1) that the City Council visited the properties on January 12, 1991; (2) that the City does not, by adoption of the Resolution, constitute or represent that the lot line adjustment approves in any form or condition future development within the established zoning standards; and (3) that the Resolution will be recorded with the Certificate of Lot Line Adjustment. Mr. Doug McHattie of South Bay Engineering displayed a map illustrating the existing lot lines and various easements, and the requested lot line adjustment. Councilmembers expressed concerns regarding the perimeter easements and suggested sending a letter to the Rolling Hills Community Association asking their opinion on whether or not the current easements are sufficient. Ms. Kay Sullivan, attorney representing the Colyears, questioned the appropriateness of raising the issue of easements with respect to whether or not a lot line adjustment should be granted. Mr. Richard Colyear, the applicant and property owner, stated that in the two years since he applied for the adjustment no one has ever mentioned easements. He said he has resolved every question or problem raised by the Planning Commission, and wondered if any other issues would be brought up to further delay approval. City Attorney Jenkins noted that the applicant filed an appeal of the Planning Commission denial and paid a fee of $3500 for the appeal. Mr. Colyear found this to be excessive and filed a claim against the City to recover the $3500. The claim was denied. The period of time in which a lawsuit may be -filed against the City to recover the fee expires January 15, 1991. City Attorney Jenkins said it is.his understanding that the applicant will agree not to OA Rolling.Hills City Council Meeting - 1/14/91 file a lawsuit if his lot line adjustment is granted. He suggested the City Council could agree to stipulate to extend the period of time during which such a suit might be brought until the Tuesday following the next Council meeting. Mr. Colyear denied that he had authorized counsel to tie any recovery of the $3500 fee to any action.the Council might take. Attorney Solomon stated that an addition should be made to the map indicating the license agreement along the Western boundary of the property for the bridle trails. Mr. Colyear asked whether it was the intent of the City to ask him to give an easement to someone other than the City. City Attorney Jenkins advised that the City does not accept easements for bridle trails; they are given to the Community Association. A license agreement, however, does not have the same status as an easement and is not as permanent. He said that if the Council elected to, it could correct a problem that was never resolved 20 years ago, the lack of recordation of easements that were imposed on the original tract map that subdivided this property into what is now a legal nonconforming lot. The language in the Map Act and the City subdivision ordinance would permit the City to correct that error. Attorney Solomon raised the concern that this might be the granting of an easement directly to the City and could represent the taking of someone's property for private use. City Attorney Jenkins advised he did not think this would be a problem but he would be happy to discuss the matter with her. Councilwoman Swanson asked the location of the utilities servicing the two lots. Councilwoman Murdock expressed her belief that the original subdivision did have easements and suggested the Council consider the reimposition of easements as they originally existed. Mr. Scott Gobble of Southern California Edison offered to research the matter and report back to the Council. Mayor Pro Tem Pernell suggested it was premature at this time to consider this issue, as this would be considered at the time of development of the property. Mayor Heinsheimer announced the public hearing would be held open until the January 28, 1991 Council meeting. Staff was directed to obtain comments from the Community Association regarding perimeter easements. B. ZONING CASE NO. 443: CONSIDERATION OF CITY COUNCIL APPEAL OF PLANNING COMMISSION ACTION APPROVING SITE PLAN REVIEW TO CONSTRUCT A NEW RESIDENCE AND STABLE. APPLICANT: DR. & MRS. LAM ADDRESS:' 68 SADDLEBACK ROAD (LOT 6-RH) City Manager Nealis reported that at its December 17, 1990 meeting the City Council took this case under its jurisdiction for further explanation of the calculation of the building pad and the structures on the property. Acting Principal Planner Palatino explained that the formula is based on the calculation of the footprint, which is the square footage of the residence, garage, stable and other accessory structures, not including pools, walkways and driveways. Mr. Doug McHattie of South Bay Engineering presented a map and further described the method of calculation. He said the Planning Commission unanimously approved the plans. 3 Rolling Hills City Council Meeting - 1/14/91 Councilwoman Murdock asked what happened to the guest house mentioned in the plans. Acting Principal Planner Palatino explained that the applicants decided not to build the guest house at this time so it has been dropped from the application. Applicant Mrs. Elizabeth Lam requested advice from the Council on what further action is required. Councilwoman Murdock noted that this item first came to the Council on December 17, 1990. Councilwoman Swanson moved approval of Zoning Case No. 443. The motion was seconded by Mayor Pro Tem Pernell and passed unanimously. OPEN AGENDA At 8:00 p.m. Mayor Heinsheimer opened the meeting for public comment. No one present wished to speak on the open agenda. PUBLIC HEARINGS (CONTINUED) C. ORDINANCE NO. 230: INTRODUCTION AND FIRST READING OF AN ORDINANCE ESTABLISHING A MINIMUM SIZE FOR STABLES AND CORRALS AND AMENDING THE MUNICIPAL CODE. City Manager Nealis reported that current zoning requirements mandate a minimum stable size of 200 square feet be constructed or an area maintained on a property for future stable use. The Planning Commission, in reviewing recent projects, wished to consider the need to increase this area for future projects. Research was done at the Planning Commission level and a recommendation was arrived at to require 400 square feet as a minimum size for stables and a 600 square feet contiguous corral area, for a minimum total of 1,000 square feet. Mayor Pro Tem Pernell moved introduction of Ordinance No. 230, waiving reading in full. The motion was seconded by Councilwoman Leeuwenburgh. Mrs. Cathy Manning, 14 Crest Road, spoke in favor of the proposed ordinance. She testified that as new residents of Rolling Hills who were unfamiliar with horses, the fact that there was a stable requirement encouraged them to buy horses and they have learned to enjoy them. They have since learned how important sufficient space is to the maintenance of horses and the safety of riders. Mr. Chris Manning, 14 Crest Road, also favored the ordinance, stating that it is better to have two horses than one, and sufficient space is an important consideration. He mentioned the market value importance of maintaining the equestrian atmosphere of Rolling Hills. Mr. Doug McHattie of South Bay Engineering stated that there are some lots in the RAS -1 zone that are on sloping lots and not suitable for horses or facilities of this size, especially corrals. He suggested a more fair way of approaching the ordinance would be to differentiate between RAS -1 and RAS -2 zoning. Ms. Betsy Raine, 71 Portuguese Bend Road, spoke for the ordinance, stating that if the hillside.lots are developed to the maximum and less than 1,000 square feet is left for stables and corrals, it negates the possibility of having horses on them and people who are looking for an equestrian community will have to 4 a Rolling Hills City Council Meeting - 1/14/91 look someplace other than rHills. 1,000 square feet is thepminimum ace for two horses should be povided, and practical amount. Councilwoman Swanson urged an increase in the suggested square footage, and the possibility of having larger requirements for the larger lots. ck favored increasing the minimum Councilwoman Murdo requirement but suggested tying the number of horses into it, allowing a certain number of square feet for each horse. She also suggested looking at the adequacy of the current requirement for a minimum distance of 35 feet from a stable to the neighboring residence. Major Heinsheimer advised this should be done as a separate item through the Planning Commission process. Mayor Pro Tem Pernell suggested limiting the number of horses to be allowed on a property depending on the size of the facilities provided. Councilwoman Swansoouncilnsaid this shou d not trysto limit t the number a very sensitive issue, and suggested the of animals allowed. In response to a query from Mayor Pro Tem Pernell, it was stated that if the ordinance is passed, the 400 square fthe et required for a stable will be calculated as part hardscape/lot coverage whetherarea but will sn t actually partuilt f the or nlot The corral area will reserved coverage area. Mayor Pro Tem Pernell expressed his appreciation for horses ts and their importance in making Rolling and bridal trail easemen Hills the beautiful community that it is. It was noted that service access to horse facilities is required. City Attorney Jenkins advised that the ordinance should ohave a triggering mechanism, to indicate whether it would apply ny property for which the site plan was approved o fter developments which date of the ordinance, the effective whether it would apply etc. A clause are not completed in a certain period of time, could be added stating that "every lot or parcel devtoped given for oa single family home for which site plan app roval isextended after (insert effective date of the ordinance) shall have an area ." This would cover any new site plan approval after the effective date and any site plan review extension applications. This suggestion was discussed and it was stated that current policy is that when an applicant comes in for a Site Plan Review he is subject to the ordinances existing at that time. Under the in Site Plan Review ordinance, if constructionroval is not ori if coencework his one year after Planning Commission app suspended or abandoned for a period of oritor ah public plan expires. The applicant can apply to extend hearing must be held and approval granted. The Mayor suggested a general clause be put in the ordinance stating that any time you come in for an extension you have to meet the ordinance as it exists at that time. City Attorney Jenkins noted that a new zoning ordinance will be brought to the Council ultimately, and this clause can be considered at that time. He suggested that the proposed ordinance under discussion should state that the new minimum size for stables and corrals will be in force on the effective date of the ordinance, 30 days after second reading and adoption. 5 Rolling Hills City Council Meeting - 1/14/91 Councilmembers discussed the need to make sure the application is very clear as to all the requirements. City Attorney Jenkins suggested an addition to Section 1, Paragraph G, to read as follows: G. Every lot or parcel developed with a single family home for which a Site Plan Review is approved or extended after {City Clerk to insert effective date of this ordinance --normally 30 days after second reading and approval) shall have an area designated for a stable of no less than . . . . Further discussion was held regarding the Caballeros' recommendation of requiring 432 sq. ft. for a stable. It was decided that a minimum area of 450 sq. ft. would be an easier figure to work with. The total requirement of 1,000 square feet for the combined stable and corral is to remain. Mayor Pro Tem Pernell amended his original motion to approve Ordinance No. 230, to change the area designated for a stable to read no less than 450 square feet and the contiguous corral area to read 550 square feet. The amended motion was seconded by Councilwoman Leeuwenburgh and passed unanimously. RECESS At 9:15 p.m. Mayor Heinsheimer called for a recess. The meeting was reconvened at 9:25 p.m. OLD BUSINESS i A. CITY OF ROLLING HILLS ESTATES - MODIFIED STRIPING PLAN FOR PALOS VERDES DRIVE NORTH. City Manager Nealis reviewed a memorandum from Deputy Traffic Engineer Tom Sorrentino in which comments were given on the City of Rolling Hills Estates' suggested changes in lane configurations at the intersection of Palos Verdes Drive North and Portuguese Bend Road. The impacts of these changes on the City of Rolling Hills were stated as increased delays to vehicles exiting the City on Portuguese Bend Road and a potential for increased sideswipe accidents. Councilwoman Leeuwenburgh said the City of Rolling Hills Estates understands the concerns of Rolling Hills and seem to be in no hurry to implement the changes. She expressed her desire to have the Rolling Hills Traffic Commission look at the recommendations at their meeting of January 18, 1991. City Manager Nealis said he would ask the Traffic Engineer to provide input to the Traffic Commission at their January 18 meeting. B. AGREEMENT AMENDING THE JOINT POWERS AGREEMENT FOR THE SOUTH BAY CORRIDOR STUDY, PHASE III (IMPLEMENTATION). City Manager Nealis reported that the Mayor of Palos Verdes Estates has requested that the City of Rolling Hills approve an amendment to the Joint Powers Agreement for the South Bay Corridor Study, Phase III. The proposed amendment provides for the creation of a Technical Advisory Committee to consist of the City Manager/ City Engineer or his/her designee from each of the 16 member cities, to meet at least quarterly and provide information and recommendations to the South Bay Corridor Study Steering Committee. In addition, the South Bay Corridor Study Steering Committee would meet quarterly rather than monthly. 6 Rolling Hills City Council Meeting - 1/14/91 Councilwoman Swanson moved approval of the agreement. The motion was seconded by Councilwoman Murdock and passed unanimously. C. CONSIDERATION OF PARTICIPATION IN THE PALOS VERDES UNIFIED SCHOOL DISTRICT TRAFFIC COMMITTEE. City Manager Nealis advised that this item, which was previously considered at the December 17, 1990 City Council meeting, was being presented again for the consideration of the Council. Councilmembers agreed that they favor forming a traffic committee for the entire Peninsula covering all traffic issues, not just the School District issues. Mayor Pro Tem Pernell noted that this subject was discussed at the Mayors Meeting and there was agreement as to the desirability of forming a Peninsula -wide traffic/circulation committee as described in correspondence dated December 19, 1990 from the Mayor of Rolling Hills Estates (Agenda Item No. 5.A). The first meeting of the Peninsula -wide committee has been set for 2:00 p.m. on January 16, 1991, with a meeting of the PVPUSD committee to follow at 3:00 p.m. The City Manager stated it would be in order to receive and. file Agenda Item 4.0 (participation in the PVPUSD traffic committee) and formally approve Agenda Item 5.A (participation in the Peninsula -wide committee). There were no objections from City Councilmembers, and this was so ordered by Mayor Heinsheimer. NEW BUSINESS A. CONSIDERATION OF PARTICIPATION IN THE PENINSULA -WIDE TRAFFIC CIRCULATION COMMITTEE. This item was covered under Agenda Item 4.0 above. MATTERS FROM MEMBERS OF THE CITY COUNCIL A. STATUS REPORT OF CITY ADMINISTRATION FACILITY HARDSCAPE RENOVATION PROJECT. City Manager Nealis reported that the hardscape renovation plan submitted by the Community Association has been reviewed by Traffic Engineer Sorrentino, whose homments and recommendations are outlined in the memorandum of January 14, 1991. Mr. Tom Boyd of the Rolling Hills Community Association presented a drawing of the preliminary plans, and discussion ensued regarding spaces to be reserved for handicapped parking and the area designated for recycling. Concern was expressed as to whether the area for recycling and/or overflow parking was large enough for trucks to enter and turn around. This area, which consists partly of a right-of-way belonging to Rolling Hills Estates, was considered as a possible area to park heavy vehicles which otherwise would have to park on the streets. It was felt the entrance and egress should be redesigned so that trucks could be parked offsite and be able to re-enter the traffic flow safely. The question of where to locate the BFI staging area was raised as another problem to be addressed. 7 Rolling Hills City Council Meeting - 1/14/91 MATTERS FROM STAFF A. CONSIDERATION OF SITE PLAN REVIEW BUILDING PAD COVERAGE CALCULATION STANDARDS. Mayor Heinsheimer suggested holding this item until the next Council meeting. Councilwoman Murdock stated the Chairman of the Planning Commission expressed his desire to have a joint meeting with the City Council to discuss certain policies and concerns they are facing. Since the City is hiring a new Principal Planner it would appear to be,,a good time to h#ve a joint meeting and consider this item. Councilwoman Murdock `requested staff to provide its recommendations at this meeting for walkways, patios, decks, square footage calculations, etc. at this meeting. Councilwoman Swanson suggested a half-day "retreat" with the new Principal Planner and the Planning Commission. B. CONSIDERATION OF CITY MANAGER ATTENDANCE AT THE PUBLIC AGENCY RISK MANAGERS ASSOCIATION CONFERENCE. Councilmembers expressed their support for the City Manager's attendance at the subject conference. C. CONSIDERATION OF DRAFT GOALS AND OBJECTIVES EXPRESSING THE CITY'S APPROACH TO COMPLIANCE WITH PROVISIONS OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939). City Manager Nealis referred to the material provided by Resource Integrated Systems and recommended that it be considered as the City's draft goals and recommendations in compliance with AB 939. The material will be amended to eliminate references not applicable to Rolling Hills. Ms. Bonner Kyle of Resource Integrated Systems described the work she has done to finalize the mitigation, education and source reduction goals for the City. Ms. Kyle reported she has been focusing on the unique attributes of Rolling Hills and trying to develop plans which will not disturb its ambience. Under the law, every type of waste has to be addressed, but in Rolling Hills the largest area of concern is green waste and manure. It was suggested that the City look at the possibility of providing manure and green waste disposal service and getting credit for it. Green waste, for instance, could be ground up and spread on the trails in the City. In response to a query as to how the volume of waste is measured, Ms. Kyle stated that Resource Integrated Systems has subcontracted this portion of the study to Clements Engineering, and they survey haulers to determine volume. Rolling Hills has only one hauler contracted, but there are many private gardeners and landscape contractors who also carry out a lot of waste. City Manager Nealis noted that since a permit is needed to enter the City, these commercial haulers and landscape companies can be contacted and asked to provide information on quantities of waste they are hauling. Councilwoman Murdock suggested surveying the residents to determine how they dispose of manure. Mayor Heinsheimer directed staff to place this item on the agenda for further discussion at the January 28, 1991 meeting, and asked that the material be amended so that it is more applicable to Rolling Hills. City Manager Nealis requested that if any Councilmembers have specific remedies to suggest, they contact him so he can incorporate them into the document. 8 Rolling Hills'City Council Meeting - 1/14/91 City Manager Nealis noted there is a town meeting scheduled for January 31, 1991 at Hesse Park, which will be held by the contractor to educate the public regarding the AB939 Program. Councilwoman Swanson suggested also reporting this information at the next Community Association meeting. Mr. Boyd invited the City Manager to attend this meeting as well as Councilmembers. MATTERS FROM MEMBERS OF THE CITY COUNCIL (CONTINUED) B. Councilwoman Leeuwenburgh reported she attended the dedication of the new Miraleste Fire Station, which As an excellent, state- of-the-art, drive-through facility. C. Mayor Pro Tem Pernell reported he will attend a meeting sponsored by the San Gabriel Valley Cities on the Rail Hauling concept, on January 17, 1991. Councilmembers expressed interest in hearing a report on the meeting. D. Councilwoman Swanson reported she has received requests from City Councilmembers for tours of the RTD facilities. She announced that all Rolling Hills Councilmembers, as well as Council representatives from the other South Bay cities, will be invited to tour the RTD facilities on the mornings of February 5 and 6. Buses will be provided to transport people from a South Bay location. Invitations with more details will be forthcoming soon. MATTERS FROM STAFF (CONTINUED) D. City Manager Nealis reported he will be convening a meeting of the View Impairment Committee regarding the McNabb/Arnold case. _ The one-year terms of the three committee members have expired. It was agreed that they would be reappointed, subject to their willingness to serve. The City Manager also reported expired terms of several members on the Traffic Commission and the Planning Commission. He suggested placing a notice of upcoming vacancies in the City newsletter. Councilwoman Swanson expressed her view that this might appear to indicate dissatisfaction with the job being done by current Commission and Committee members. She also questioned the wisdom of one-year (as opposed to longer) terms. It was decided to place this matter on the agenda for discussion at the January 28, 1991 Council meeting. Councilwoman Murdock noted that last year interviews were held individually with each member of the Planning Commission to discuss how things were going. She felt this was helpful, and that present Commission members should be asked if they would like to serve again. Planning Commission Liaison Murdock and Traffic Commission Liaison Leeuwenburgh will discuss this with their respective Commissions. E. City Manager Nealis reported he will attend a Regional Law Enforcement.meeting on January 17, 1991. F. City Manager Nealis reported that Steve Fowler of Dimension Cable TV indicated the construction schedule should be available by the end of the week. When the system is installed it will be the most innovative fiberoptic system in the state. G. The City Manager was asked to place on the agenda for the January 28, 1991 meeting the subject of an incentive system for building contractors. A staff report was requested, to include 0 Rolling Hills City Council Meeting - 1/14/91 documentation of the problem with specific examples. Input from the Planning Commission and the Community Association was suggested. MATTERS FROM THE CITY ATTORNEY The City Attorney had no additional matters for discussion. CLOSED SESSION The meeting was adjourned at 10:35 p.m. to a closed session for the purpose of discussing personnel and legal matters. MEETING RECONVENED The meeting was reconvened at 10:35 p.m. after discussion of personnel matters and pending litigation. Mayor Heinsheimer adjourned the meeting at 10:51 p.m. to Monday, January 28, 1991 at 7:30 p.m. APPROVED: Ma,yor Pro 'Lem, 10 r/�2c:CGI� Minutes S etary r