1/13/1992 MZNUTES OF A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
January 13 , 1992
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Pro Tem Swanson at 7: 36 p.m. on
Monday, January 13 , 1992 in the City Council Chambers at the City
Hall/ Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh,
Mayor Pro Tem Swanson
ABSENT: Councilmember Murdock, Mayor Pernell (excused)
ALSO PRESENT: Craig Nealis City Manager
L. D. Courtright City Treasurer
Michael Jenkins City Attorney
Lola Ungar Principal Planner
Lucile Rogers Minutes Secretary
CONSENT CALENDAR
Councilmember Leeuwenburgh requested removal of item e from
the Consent Calendar, and moved approval of the remainder of the
items. Councilmember Heinsheimer seconded and the motion passed
without objection.
a. Minutes - Meeting of December 23 , 1991
(Approved as presented)
b. Payment of Bills - Demands Number 6044 through 6091 dated
January 13 , 1992 in the amount of $42, 380. 73 were approved for
payment from the General Fund. ,
c. Report regarding first year recycle collection levels in the
City of Rolling Hills.
(Received and filed)
d. Correspondence from Browning-Ferris Industries Regarding a
Proposed Annual Spring Clean-up Scheduled for May 9 and 16, 1992.
(Approved as recommended)
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Rolling Hills City Council Meeting - 1/13/92
f. Correspondence regarding implementation costs associated with
AB 939.
(Received and filed)
g. Correspondence from South Bay Cities Association regarding
West Basin Water Recycling Project.
(Received and filed)
h. Correspondence from West Basin Municipal Water District
regarding recycled water.
(Received and filed)
i. Policy Statement from California lntegrated Waste Management
Board with regard to the review of Source Reduction and Recycling
Elements (SRREs) .
(Received and filed)
ITEM REMOVED FROM CONSENT CALENDAR
e. Correspondence from Mountains Recreation and Conservation
Authority requesting support for the Los Angeles County Park, Beach
and Recreation Act of 1992 .
Councilmember Leeuwenburgh requested that the Rolling Hills
City Council join with the other Peninsula cities in supporting
the placement of the Los Angeles County Park, Beach and Recreation
Act of 1992 on the June 1992 ballot.
Councilmember Leeuwenburgh moved approval of the request of
�he Mountains Recreation and Conservation Authority and directed
:�taff to implement the process. The motion was seconded by
Councilmember Heinsheimer and passed without objection.
Mr. Richard Colyear, 35 Crest Road West, asked to make a
statement regarding the minutes of the December 23 , 1991 City
Council meeting. He said the minutes reflected only a portion of
his testimony regarding the draft amendment to the Housing Element
of the City of Rolling Hills General Plan. Mr. Colyear requested
the addition of a sentence saying that he objected to the findings
which specify the adverse impacts of second units on public health,
safety and welfare.
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Rolling Hills City Council Meeting - 1/13/92
PLANNING COMMISSION ITEMS
A. ZONING CASE NO. 463
Applicant: Dr. and Mrs. Guy Lemire
Address: 40 Chuckwaqon Road (Lot 23-CF)
RESOLIITION OF APPROVAL 92-1
Grantinq variances for encroachment and a Conditional IIse
Permit for a quest house.
Principal Planner Ungar reported that at their December 17,
1991 meeting the Planning Commission granted the requested
variances for encroachment into the side yard setbacks for a
breakfast nook, bay window, and former stable converted to a guest
house. Resolution of Approval No. 92-1 was accepted by the City
Council without objection.
B. ZONING CASE NO. 403
Applicant: Mr. Steve Calhoun
. Address:, 2864 Palos Verdes Drive North (Lot 992-A-RH)
RESOLUTION OF APPROVAL 92-2
Reapprovinq and modifyinq an expired variance to encroach and
reapproving and modifyinq an expired site plan review
application for a sinqle family residence.
City Manager Nealis reported on Zoning Case No. 403 , which
was approved by the Planning Commission on December 17, 1991.
Resolution of Approval No. 92-2 was accepted by the City Council
without objection.
C. ZONING CASE NO. 402
� Applicant: Mr. Dana John MacRay
Address: 4 Buqqy Whip Drive (Lot 24�-MS)
RESOLUTION OF APPROVAL 92-3
Reapprovinq and modifyinq an expired variance to encroacb and
reapprovinq and modifyinq an expired site plan review
application for a new sinqle family residence.
City Manager Nealis stated the staff recommendation is to
continue this zoning case to the next City Council meeting since
Councilmember Heinsheimer would abstain due to the proximity of the
subject property to his residence, leaving only two Councilmembers
to decide on the matter. The Council concurred, and the matter
was ordered placed on the January 27, 1992 agenda.
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Rolling Hills City Council Meeting - 1/13/92
D. ZONING CASE NO. 468
Applicant: Mr. Franz Fischer
Address: 2862 Palos Verdes Drive North (Lot 992-B-RH)
RESOLUTION OF APPROVAL 92-4
For construction of a stable.
Principal Planner Ungar reported that after the Planning
Commission denied the applicant's request for a stable less than
25 feet from the rear property line, the applicant changed his
request to conform with the Zoning Code and the Planning Commission
approved it. Resolution of Approval No. 92-4 was accepted by the
City Council without objection.
E. ZONING CASE NO. 432A
Applicant: E.S. Development
Address: 6 Rinqbit Road West (Lot 8-A-2-SF)
RESOLUTION OF APPROVAL 92-5
Grantinq a variance to encroach and site plan review approval.
City Manager Nealis stated the staff recommendation is that
this item be continued to the January 27, 1992 meeting because
substantive changes were made to the Resolution of Approval by the
Planning Commission which require legal review prior to
consideration. The City Council concurred, and the matter was
ordered placed on the January 27, 1992 agenda.
PUBLIC HEARINGS - CONTINUED
A. FINAL DRAFT OF THE CITY'S SOORCE REDIICTION AND RECYCLING
ELEMENT (SRRE)
City Manager Nealis explained that the latest revision of the
draft SRRE was made subsequent to the October 28, 1991 meeting of
the City Council where the figures reported for green waste and
pruning were questioned. The standards used at that time pertained
to all the Peninsula cities and were not appropriate for Rolling
Hills Ibecause of its larger lot sizes. When average lot sizes were
re-evaluated and the figures recalculated, the existing diversion
rate was changed from 36% to 44�. City Manager Nealis stated that
the primary means of reaching the 50% goal are through increased
educational efforts and on-site composting by residents. He said
the SRRE will be periodically reviewed and modified as appropriate.
Mayor Pro Tem Swanson expressed her pleasure with the response
of the community to the requirements of AB 939, the California
Integrated Waste Management Act of 1989.
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Rolling Hills City Council Meeting - 1/13/92
Councilmember Heinsheimer moved approval of the final draft
Source Reduction and Recycling Element, Councilmember Leeuwenburgh
seconded and the motion passed without objection. •
B. CITY TREASIIRER
Mayor Pro Tem Swanson welcomed City Treasurer Larry Courtright �
to the meeting after his absence due to recuperation from injuries
suffered in a fall in November. Treasurer Courtright reported that
he has reviewed the financial statements prepared in his absence
and everything seems to be in order.
C. CONSIDERATZON OF AN APPEAL OF VIEW PRESERVATION COMMITTEE
RESOLUTION NO. 91-1-VPC DECLARING A VIEW IMPAZRMENT CAOSED BY
SPECIFIC TREES.
LOCATION: 11 Quail Ridqe South
PROPERTY OWNER: Doris McNabb
COMPLAINANT: Samuel and Burt Arnold, 2 Spur Lane
APPELLANT: Doris McNabb
City Manager Nealis reported that this appeal was filed
following a public hearing before the View Restoration Committee
which resulted in Resolution No. 91-1-VPC declaring a view
impairment and directing restorative action. A private agreement
signed by Mrs. McNabb and Mr. Arnold has not been implemented.
City Manager Nealis recommended that a field trip be scheduled when
all members of the City Council could participate.
The public hearing was opened.
Mr. David M. Turner, attorney for Mrs. McNabb, presented an
expanded photograph of the ocean view from the Arnolds' property,
pointing out the specific trees which are being objected to, as
well as taller trees on other property which are not the subject
of objections. He expressed his opinion that the problem was one
of long-standing animosity between the parties rather than actual
view impairment.
Mr. Burt Arnold, 2 Spur Lane, presented a photograph of the
view from his residence 35 years ago. He said that he and his
father realize they can never get back the original view and are
not asking for the removal of trees, but would like to retrieve
their coastline view through the topping of some of the trees. He
stated that trimming would make the trees healthier and would not
take away from the privacy of the appellant. Mr. Arnold expressed
his eagerness to have Councilmembers visit the properties and have
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Rolling Hills City Council Meeting - 1/13/92
the matter settled. He stated that the recommendation of the View
Preservation Committee to trim the trees to the level of the top
of a nearby telephone pole would still leave them well above the
McNabb roofline.
City Attorney Jenkins asked the parties to comment on their
perception of the status of the private agreement they entered
into. Mr. Turner replied that the Arnolds are in breach and there
is an action pending to rescind on the basis of the breach. Mr.
a Arnold said they have been trying to qet the trees trimmed ever
since the agreement was signed in March, and now their attorney has
had the lawsuit postponed pending the action of the City Council
at this meeting. ' -
Mayor Pro Tem Swanson advised the parties that the public
hearing would be continued to the next Council meeting when all
Councilmembers would be present. At that time a field trip will
be scheduled and both parties will be notified of the scheduled
visit. No decision will be made at the field trip; the items will
be scheduled on the agenda for the following meeting (February 10,
1992) .
OLD BIISINESS
A. CONSIDERATION OF RECOMMENDATIONS RELATIVE TO PROPERTY PROFILE
COMPUTER SYSTEM STUDY.
City Manager Nealis reported that Mr. Ron Osborne of Mac
Solutions has proposed a one-year Consultant Agreement to assist
the City in establishing a property profile computer system. Under
the proposed agreement, Mac Solutions would work in conjunction
with the City to address the data collection plan, procurement of
the City equipment, implementation of the software processes,
installation of the system at City Hall, training of City staff,
and implementation of system maintenance procedures. The total
cost is $3 , 635. The City Attorney has reviewed the agreement.
Mr. Ron Osborne of Mac Solutions, San Pedro, said this is the
first step in implementation of the system. He said when the
system is completed the City will have a three-dimensional
capability to display information graphically on a screen from any
given point on a property.
Councilmember Heinsheimer announced that this week in San
Francisco there is a major expo (MacWorld) on the use of advanced
computer techniques, and suggested the City send Mr. Osborne and
the City Manager to the expo if they are able to schedule it.
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Rolling Hills City Council Meeting - 1/13/92
Councilmember Heinsheimer moved approval of the staff
recommendation to implement the Consultant Agreement, with the
addition of authorization to send the City Manager and Consultant
to the expo in San Francisco. Councilmember Leeuwenburgh seconded
and the motion passed without objection.
OPEN AGENDA
Mr. Richard Colyear, 35 Crest Road West, wished to speak on
two separate issues, beginning with a request for action by the
City Council.
He testified that in June of 1991 he submitted an application
for Site Plan Review. His application was not favorably received,
and in August of 1991 he sent a letter to Principal Planner Ungar
suggesting that the City of Rolling Hills was not dealing in good
faith. He said it was becoming clear that his application would
be continually delayed in order to prevent its review by the
Planning Commission. Mr. Colyear stated that since that time he
has been attempting to schedule the Site Plan Review application
for a hearing before the Planning Commission. On Friday, January
10, 1992, Mr. Colyear visited City Hall to confirm that his
application would be heard later that month, and was told by the
Principal Planner that the City Attorney had instructed her not to
schedule a hearing on the application until further notice. Mr.
Colyear asserted that this constitutes a denial of his right to
equal protection under the law and a violation of. his
constitutional right to due process. He contended it is
circumstantial proof of the City's malicious intent and will serve
to increase the damages sought in a pending lawsuit. His attorney
will be looking into the possibility of pursuing a conspiracy
theory against all parties involved in this action. He requested
that the City Council order the Planning Commission at its next
meeting to do whatever they choose to do with his six-month old
application for a Site Plan Review and send it to the City Council
at their very next meeting.
Second, Mr. Colyear again expressed his opinion that the
minutes of the December 23 , 1991 Council meeting were incorrect in
stating that the comments of the State Department of Housing and
Community Development had been addressed in the latest draft
revised Housing Element. As a taxpayer he objected to the City's
payment of $100, 000 to Cotton/Beland.
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Rolling Hills City Council Meeting - 1/13/92
NEW BOSINE33
A. RE30LUTION NO. 661: A RESOLUTION OF THE CITY COIINCIL OF THE
CITY OF ROLLING HILLS APPROVING THE LICENSE AGREEMENT BETAEEN
THE CZTY OF ROLLZNG HILLS AND THE CITY OF ROLLING HILLS
ESTATES FOR OSE OF THE PUBLIC RIGHT-OF-WAY LOCATED BETAEEN
PALOS VERDES DRIVE NORTH AND THE CITY OF ROLLING HILLS CITY
HALL/MAINTENANCE FACILITY PROPERTY.
Councilmember Leeuwenburgh moved adoption of Resolution No. �
661, Councilmember Heinsheimer seconded and the motion passed 3-0
on a roll call vote.
H. CONSIDERATION OF RESURFACING CITY TENNI3 COIIRT3
City Manager Nealis reported that the tennis courts have not �
been resurfaced in at least six years, and the Rolling Hills Tennis
Club has requested bids for their resurfacing. Three bids were
received, ranging from a low of $4 , 500 to a high of $7,200. The
low bid was received from Taylor Tennis Courts of San Pedro, who
were hiqhly recommended by several references.
Mr. Charles Ramsdell, 8 Williamsburg Lane, the Tennis Club
President, said they felt the price was excellent and this is the
time to get the work done. He said the entire job will take ten
days.
Councilmember Heinsheimer moved and Councilmember Leeuwenburgh
seconded approval of the staff recommendation to proceed with the
tennis court resurfacing project in cooperation with the Tennis
Club. The motion passed without objection.
C. CONSIDERATION OF APPOINTMENTS TO THE ROLLING HILLS TRAFFIC
COMMISSION
City Manager Nealis reported that Commissioners Virtue,
Welbourne and Wiener have indicated their desire to be reappointed
to one-year terms on the Traffic Commission. Commissioner Schmit
has tendered her resignation from the Traffic Commission and has
recommended Mr. William B. Stringfellow for her replacement as
Community Association Board representative.
Councilmembers Heinsheimer moved the reappointment of
Commissioner.s Virtue, Welbourne and Wiener and the appointment of
Mr. Stringfellow to one-year terms on the Traffic Commission. The
motion was seconded by Councilmember Leeuwenburgh and passed
without objection.
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Rolling Hills City Council Meeting - 1/13/92
Mayor Pro Tem Swanson directed that a letter be sent to the
new Commissioners thanking them for volunteering their time to the
City.
D. CON3IDERATION OF APPOINTMENTS TO THE ROLLING HILLS PLANNING
COMMISSION
City Manager Nealis reported that the four-year term of
Planning Commissioner Frost expired on January 1, 1992 , and Mr.
Frost has indicated his willingness to continue serving for another
four years. The vacancy was publicized in the Newsletter and in
the local newspapers.
Councilmember Leeuwenburgh moved reappointment of Commissioner
Frost to a four-year term on the Planning Commission, Councilmember
Heinsheimer seconded and the motion passed without objection.
E. CONSIDERATION OF A CONTRACT FOR VIEW IMPAIRMENT MEDIATION
SERVICES
City Manager Nealis presented a proposed agreement with
. Anthony J. Mohr for--..-mediation services for the view impairment
complaint filed by David and Avis State, 1 Reata Lane. The rate
for the mediation services will be $125 per hour, not to exceed
$1, 500 (the same as the previous agreement with Mediator Mohr) .
Councilmember Heinsheimer moved approval of the agreement,
Councilmember Leeuwenburgh seconded, and the motion passed without
objection.
MATTERS FROM MEMBERS OF THE CITY COIINCIL
Councilmember Leeuwenburgh reported that the Torrance City
Council voted 7-0 to join the Mosquito Abatement District.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
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Rolling Hills City Council Meetinq - 1/13/92
CLOSED SESSION
There was no need for a closed session.
ADJOORNMENT
The meeting was adjourned at 8: 35 p.m. to Monday, January 27,
1992 at 7 : 30 p.m.
;�' � �
Minutes S, etary
APPROVED:
r ......
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