6/8/1992MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
June 8, 1992
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Swanson at 7:35 p.m. on Monday,
June 8, 1992 in the City Council .Chambers at the City Hall/
Administration Building, 2 Portuguese Bend Road, Rolling Hills,
California.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Heinsheimer, Mayor Pro Tem
Murdock, Mayor Swanson
Councilmembers Leeuwenburgh (illness), Pernell
(attending conference) (excused)
Craig Nealis
L. D.. Courtright
Michael Jenkins
Lola'Ungar
Nan Huang
Lucile Rogers
City Manager
City Treasurer
City Attorney
Principal Planner
Senior Accountant
Minutes Secretary
Mayor Pro Tem Murdock moved approval of the Consent Calendar,
Councilmember Heinsheimer seconded and the motion passed without
objection.
a. Minutes - Regular Meeting of May 26, 1992.
(Approved as presented)
b. Payment of Bills - Demands Number 6473 through 6506 dated June
8, 1992 in the amount of $27,580.83 were approved for payment from
the General Fund.
C. Correspondence from the City of E1 Segundo regarding Metro
Green Line Light Rail System Southern Extension.
(Received and filed)
d. Correspondence regarding Los Angeles County Household
Hazardous Waste Roundup.
(Received and filed)
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Rolling Hills City Council Meeting - 6/8/92
e. Progress Report regarding Planning Department Computerization.
(Received and filed)
f. Correspondence from City of Palos Verdes Estates to City of
Rancho Palos Verdes regarding Peninsula -wide park and recreation
system.
(Received and filed)
PLANNING COMMISSION ITEMS
None.
TRAFFIC COMMISSION ITEMS
A. ENGINEERING AND TRAFFIC SURVEY FOR SPEED ZONING.
B. ENGINEERING AND TRAFFIC SURVEY FOR MIDDLERIDGE LANE NORTH.
City Manager Nealis reported that the Traffic Commission has
recommended an expenditure of $5,000 for completion of the Fiscal
Year 1992-93 Rolling Hills Speed Zone Survey by Willdan Associates,
to comply with the California Vehicle Code requirement for such
surveys every five years. The study would measure eight zones, as
listed in the staff report, after the new school year has begun in
September.
Mayor Swanson suggested that the Middleridge Lane North survey
be done at the same time and the City Manager explained that a
resident requested, and the Traffic Commission recommended, that
the speed zoning survey to be done immediately because of safety
concerns. Middleridge Lane North is not part of the City's normal
speed zone pattern. Willdan Associates has proposed completion of
the Middleridge Lane North survey for a cost of $500.
Councilmember Heinsheimer moved approval of both traffic
surveys by Willdan Associates and Mayor Pro Tem Murdock seconded
the motion. Mayor Swanson suggested that Staff obtain bids from
other traffic engineering experts for comparison with the Willdan
proposals. Councilmember Heinsheimer modified his motion
accordingly, moving approval of the traffic survey for Middleridge
Lane North and holding approval of the speed zoning traffic survey
until additional costs are obtained. The motion was seconded by
Mayor Pro Tem Murdock and passed without objection.
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Rolling Hills City Council Meeting - 6/8/92
PUBLIC HEARINGS (Continued)
A. CONSIDERATION OF APPEAL OF PLANNING COMMISSION ACTION GRANTING
A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A POOL CABANA
AND GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A TENNIS COURT IN ZONING CASE NO. 473. ADDRESS: 1 MORGAN LANE
(LOT 170 -1 -MS). OWNER: MR. AND MRS. WILLIAM R. HOOVER.'
This appeal was continued from the City Council meeting of May
26, 1992 because of concerns regarding the calculations of lot
coverage and pad coverage and the impact of the project on
surrounding residences. City Manager Nealis indicated the new map
on display showing the proposed construction.
Principal Planner Ungar explained the calculations, reviewed
past applications for tennis courts on Morgan Lane, and stated the
five alternative actions the City Council could take.
Project Designer Jim Bartz distributed color renderings of the
proposed development indicating the amount of open space which will
remain after construction of the tennis court and cabana. He
reminded Councilmembers that the project was approved by the
Planning Commission and the Homeowners Association, and stated that
all concerns have been addressed by the applicants. It was
clarified that the plans are the same as those that were approved
by the Planning Commission.
City Manager Nealis explained that the Planning Commssion had
directed the applicant not to include the tennis court in the pad
coverage calculations because only structural coverage (residence,
pool, other structures) should be included in Site Plan Review. It
is Staff's recommendation that the project be referred back to the
Planning Commission with the recommendation that they include these
calculations in future applications for Site Plan Review. The
project is within the current guidelines for net lot coverage.
Mr. Richard Colyear, 35 Crest Road West, testified in support
of the Hoovers' application. He noted that his 1972 application
for tennis court construction was not approved until 1984, and he
feels the City Council has an obligation to grant approval of the
Hoovers' application without delay. He urged the Hoovers to resist
any attempt to deny them their property rights.
.The public hearing was closed.
Councilmember Heinsheimer moved approval of Resolution No. 92-
17 based upon its being approved by the Planning Commission on the
basis of a policy in existence during the period of their review.
The motion died for lack of a second.
Rolling Hills City Council Meeting - 6/8/92
Mayor Pro Tem Murdock moved
recommendation to refer the matter back
for consideration based on their
recommendation that they review their
future applications. The motion was
Heinsheimer and passed 3-0-2.
OPEN AGENDA
approval of the Staff
to the Planning Commission
current policy, with a
calculation methods for
seconded by Councilmember
Mr. Richard Colyear, 35 Crest Road West, protested the alleged
inaction of the City staff, City Council and Planning Commission,
which he contended is violating his property rights. He commented
on statements made by Assistant City Attorney Kevin Ennis that he
(Colyear) evidenced "relentless hostility." Mr. Colyear asserted
that he believes the City is stealing his property rights, thereby
impinging on his individual liberty, and that conduct is deserving
of hostility. Regarding Mr. Ennis's description of his behavior as
"uncooperative," Mr. Colyear indicated that he was replying to like
behavior, and that the entire matter will ultimately be resolved by
the court. In the meantime, he plans to do some development on his
land and will resist all attempts to take away his property rights.
PUBLIC HEARINGS - Continued
A. CITY OF ROLLING HILLS DRAFT BUDGET, FISCAL YEAR 1992-93.
RESOLUTION NO. 681: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ESTABLISHING THE 1992-93 FISCAL YEAR
APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS.
City Manager Nealis presented the proposed FY 1992-93 budget
for consideration by the City Council. General fund revenues are
expected to be lower than FY 1991-92 revenues, and one-time major
capital improvement programs will increase expenditures. The City
Manager reviewed the projected expenditures, noting where savings
will be achieved, as detailed in the Staff Report and Budget
Message. He stated that this public hearing is to answer questions
and accept suggestions as to the budget, and final adoption of the
budget will be considered at the June 22 City Council meeting.
Senior Accountant Nan Huang was present to answer questions and
provide clarification.
Mayor Switnson opened the public hearing. City Treasurer Larry
Courtright commented that if this budget were not for a
governmental entity, the costs of office remodeling and hardscape
renovation would not be considered as expenses; they would be
capitalized and depreciated over 30 years or so.
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Rolling Hills City Council Meeting - 6/8/92
Mr. Colyear asked for a copy of the draft budget and was told
that copies will be made available at the counter during City Hall
hours. No additional public comment was offered.
Commenting that these are the best prepared budget documents
she has seen, Mayor Swanson directed that the public hearing be
continued to the meeting of June 2:2...
OLD BUSINESS
A. CITY COUNCIL COMMITTEE ASSIGNMEFTS
This item will be kept on the agenda until the meeting of June
22, when the full City Council is expected to be in attendance.
NEW BUSINESS
A. CONSIDERATION OF REQUEST FOR PROPOSALS FOR THE FOLLOWING
PUBLIC WORKS PROJECTS:
(a) CITY ADMINISTRATION FACILITY GRADING PROJECT.
(b) LANDSCAPE RENOVATION PROJECT.
(c) HARDSCAPE RENOVATION PROJECT.
City Manager Nealis reported that the City of Rolling Hills
and the Rolling Hills Community Association have agreed to jointly
participate in the hardscape renovation project. Bid documents
have been prepared and all plans and specifications are complete
except for the irrigation plan. He requested that the City Council
authorize Staff to proceed with the bid process upon receipt of the
irrigation plan. A time line has been developed showing how the
projects are interrelated and will be carried out in planned time
sequences. Staff also recommended that Mr. Tom Montague be hired
as Project Manager to oversee completion of the projects, at a cost
of 15 percent of the construction costs, not to exceed $25,000.
Mayor Swanson questioned the phrase in the bid documents,
"Know all men by these presents," suggesting the wording might be
modified to address both genders. She also suggested that the Time
For Completion section require that any changes be agreed upon in
writing.
City Treasurer Larry Courtright suggested that a letter of
understanding be drawn up between the City and the Community
Association regarding the proposed method of the City paying 100%
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Rolling Hills City Council Meeting - 6/8/92
Mr. Colyear asked for a copy of the draft budget and was told
that copies will be made available at the counter during City Hall
hours. No additional public comment was offered.
Commenting that these are the best prepared budget documents
she has seen, Mayor Swanson directed that the public hearing be
continued to the meeting of June 2:2...
OLD BUSINESS
A. CITY COUNCIL COMMITTEE ASSIGNMEFTS
This item will be kept on the agenda until the meeting of June
22, when the full City Council is expected to be in attendance.
NEW BUSINESS
A. CONSIDERATION OF REQUEST FOR PROPOSALS FOR THE FOLLOWING
PUBLIC WORKS PROJECTS:
(a) CITY ADMINISTRATION FACILITY GRADING PROJECT.
(b) LANDSCAPE RENOVATION PROJECT.
(c) HARDSCAPE RENOVATION PROJECT.
City Manager Nealis reported that the City of Rolling Hills
and the Rolling Hills Community Association have agreed to jointly
participate in the hardscape renovation project. Bid documents
have been prepared and all plans and specifications are complete
except for the irrigation plan. He requested that the City Council
authorize Staff to proceed with the bid process upon receipt of the
irrigation plan. A time line has been developed showing how the
projects are interrelated and will be carried out in planned time
sequences. Staff also recommended that Mr. Tom Montague be hired
as Project Manager to oversee completion of the projects, at a cost
of 15 percent of the construction costs, not to exceed $25,000.
Mayor Swanson questioned the phrase in the bid documents,
"Know all men by these presents," suggesting the wording might be
modified to address both genders. She also suggested that the Time
For Completion section require that any changes be agreed upon in
writing.
City Treasurer Larry Courtright suggested that a letter of
understanding be drawn up between the City and the Community
Association regarding the proposed method of the City paying 100%
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Rolling Hills City Council Meeting - 6/8/92
of the construction costs and the Community Association reimbursing
the City for 50% of the costs.
Councilmember Heinsheimer recommended that the bid documents
specify that the work at .City Hall will continue during the period
of construction. The City Manager said this will be pointed out at
a bidders meeting to be held after receipt of the irrigation plan.
Mayor Swanson asked if award of the Project Manager contract
would be subject to the bid process. City Manager Neal -is stated
that Staff is recommending that Mr. Montague be selected due to his
knowledgeability of the area and the project.
Mr. Roy Campbell, 3 Running Brand, suggested that all projects
be put out to bid to general contractors and have them provide a
Project Manager. Councilmember Heinsheimer commented that hiring
individual contractors for each project rather than a general
contractor would make for more competition and spread the amount of
local expertise. He said a Project Manager is needed before even
holding the bidders conference.
In reply to City Treasurer Courtright's question as to a
precedent for the 15%/maximum $25,000 cost, Mr. Montague replied
that 15-20% was standard for a project of this size.
Regarding concerns expressed by the Mayor regarding settlement
of possible disputes, City Attorney Jenkins advised that as the
City's agent, the Project Manager would have authority to give
directions to contractors and for making limited decisions as to
work progress. The ultimate authority, however, is with the City,
which will require payment bonds and performance bonds from all
contractors.
Councilmember Heinsheiner moved approval of the Staff
recommendation to proceed with the bid procurement upon receipt of
the irrigation plan, and to draft an agreement between the City and
Mr. Montague for Project Manager services for approval at the June
22 City Council meeting. The motion was seconded by Mayor Pro Tem
Murdock and passed 3-0-2. Mayor Pro Tem Murdock noted that some
dates and area codes need to be changed in the documents.
B. STAFF REPORT REGARDING THE CITY OF RANCHO PALOS VERDES'
PROPOSAL TO REMOVE SOILS ADJACENT TO THE CITY OF ROLLING
HILLS.
Regarding the City of Rancho Palos Verdes Redevelopment
Agency's proposal to export 100,000 cu. yds. of soil from the
Portuguese Bend landslide area, City Manager Nealis reported that
he has written a letter to the City Manager of Rancho Palos Verdes
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Rolling Hills City Council Meeting - 6/8/92
outlining the concerns expressed at the Rolling Hills City Council
meeting of May 26, 1992. Staff has also met with Engineering
Geologist Arthur G. Keene, who has indicated his willingness to
evaluate the Rancho Palos Verdes response from a geological
perspective at a cost expected to be under $300.
Councilmember Heinsheimer moved approval of the staff
recommendation that the matter be continued and the City Manager be
authorized to contract with Arthur G. Keene to analyze the Rancho
Palos Verdes response on behalf of the City of Rolling Hills. The
motion was seconded by Mayor Pro Tem Murdock and passed without
objection.
C. RESOLUTION NO. 682: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE APPLICATION
FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN
SPACE AND RECREATION PROGRAM FOR INTERPRETIVE SIGNAGE FOR
GEORGE F CANYON.
Councilmember Heinsheimer moved approval of Resolution No.
682, Mayor Pro Tem seconded and the motion passed without
objection.
D. ORDINANCE NO. U-54: AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE UNIFORM BIIILDING CODE, 1991 EDITION,
AND AMENDMENTS THERETO; LOS ANGELES COUNTY CODE, BIIILDING
CODE, TITLE 26, AND AMENDMENTS THERETO; LOS ANGELES COUNTY
CODE, ELECTRICAL CODE, TITLE 27; THE UNIFORM PLUMBING CODE,
1991 EDITION, AND AMENDMENTS THERETO; LOS ANGELES COUNTY CODE,
TITLE 28, AND AMENDMENTS THERETO; THE UNIFORM MECHANICAL CODE,
1991 EDITION, AND AMENDMENTS THERETO; LOS ANGELES COUNTY CODE,
TITLE 29, AND AMENDMENTS THERETO; ADOPTING AMENDMENTS TO SAID
CODES, READOPTING PORTIONS OF TITLE 15 OF THE ROLLING HILLS
MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
City Manager Nealis reported that the City Attorney has
advised that the urgency declaration be removed from the subject
ordinance.
Councilmember Heinsheimer moved introduction of Ordinance No.
U-54 on first reading as Ordinance No. 237. Mayor Pro Tem Murdock
seconded and the motion passed without objection.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
After discussion of possible dates for the annual City Council
retreat, August 13-15 was tentatively selected, to be confirmed at
the June 22 City Council meeting.
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Rolling Hills City Council Meeting - 6/8/92
MATTERS FROM STAFF
City Manager Nealis advised that the California State
Legislature is currently reviewing proposals to help balance the
State budget by utilizing local vehicle license fees and property
tax revenues rather than returning them to the cities. If
implemented, these measures would be fiscally devastating to the
cities. The Mayor and the Staff have communicated by letter, fax
and telephone to members of the State Legislature, and further
efforts will be made by the California Contract Cities and the
League of California Cities.
Road maintenance work being performed this week by the
Community Association was reported by the City Manager.
Approval was granted for the City Manager to attend a
conference of the International City Management Association to be
held in September in Reno.
MATTERS FROM THE CITY ATTORNEY
None.
CLOSED SESSION
There was no need for a closed session.
ADJOURNMENT
The meeting was adjourned at 9:10 p.m. to Monday, June 22,
1992 at 7:30 p.m.
APPROVED:
Mayor
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Minutes Sec Lary
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