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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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Minutes S etary
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