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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) 1 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. 2 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. 3 � 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. 4 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 5 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. 6 - � 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. 7 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. 8 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. 9 , 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 ...... ' 10