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MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
June 22, 1992
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Swanson at 7:36 p.m. on Monday,
June 22, 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 Leeuwenburgh, Pernell,
Mayor Swanson
Councilmember Heinsheimer, Mayor Pro Tem
Murdock (excused)
Craig Nealis
L. D. Courtright
Lola Ungar
Lucile Rogers
City Manager
City Treasurer
Principal Planner
Minutes Secretary
Councilmember Pernell moved approval of the Consent Calendar,
Councilmember Leeuwenburgh seconded and the motion passed without
objection.
a. Minutes of the meeting of June 8, 1992.
(Approved as presented)
b. Payment of Bills - Demands Number 6507 through 6544 dated June
22, 1992 in the amount of $31,080.67 were approved for payment from
the General Fund.
C. Financial Statement for the Month of May.
(Approved as presented)
d. Correspondence from California Water Service Company regarding
changes in tariff schedules.
(Received and filed)
PLANNING COMMISSION ITEMS
A. RESOLUTION NO. 92-19: 20 BUGGY WHIP DRIVE (LOT 247 -6 -MS)
GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT
YARD TO CONSTRUCT A STABLE AND CORRAL, AND GRANTING SITE PLAN
REVIEW APPROVAL FOR A PROPOSED NEW STABLE (ZONING CASE NO.
475).
There being no objection, Mayor Swanson ordered that
Resolution No. 92-19 stand as approved by the Planning Commission
on June 16, 1992.
B. RESOLUTION NO. 92-20: LOWER BLACKWATER CANYON ROAD (LOT 83-4H)
GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO
CONSTRUCT A RETAINING WALL AND GRANTING SITE PLAN REVIEW
APPROVAL FOR SUBSTANTIAL ADDITIONS TO THE EXISTING SINGLE
FAMILY RESIDENCE (ZONING CASE NO. 477).
There being no objection, Mayor Swanson ordered that
Resolution No. 92-20 stand as approved by the Planning Commission
on June 16, 1992.
TRAFFIC COMMISSION ITEMS
A. REVIEW OF PROPOSED DRIVEWAY AT 29 CREST ROAD.
City Manager Nealis reported that the current driveway of the
residence at 29 Crest Road is on Johns Canyon Road, leading to
confusion and possibly safety problems. The resident's request to
move the driveway to Crest Road has been recommended for approval
by the Traffic Commission. Councilmember Leeuwenburgh added a
recommendation that the driveway width be 28 feet at its apron to
allow for quick access and turnaround from Crest Road, and that the
surface be roughened for equestrian crossing purposes. The old
driveway must be removed and some landscaping of the area is
required.
Dr. Vincent Yu, the property owner, stated he was agreeable to
all the required conditions.
Councilmember Leeuwenburgh moved approval of the Traffic
Commission's recommendation with the added conditions listed in the
Staff Report. Councilmember Pernell seconded and the motion passed
without objection.
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Rolling Hills City Council Meeting - 6/22/92
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.
Continuing the public hearing from the City Council meeting of
June 8, 1992, City Manager Nealis stated that the only change to
the draft budget is an anticipated increase in the General Fund
revenue balance.
Comments or questions from the audience were invited by Mayor
Swanson. There being none, the public hearing was closed.
City Treasurer Courtright suggested that a Resolution be
prepared for formal acceptance of the City Budget. In accordance
with the Gann Act, Resolution No. 681 approves the appropriations
limit only. The City Manager agreed to have a separate budget
acceptance Resolution prepared for presentation at the next City
Council meeting.
In response to inquiry from Mayor Swanson about the effect of
the anticipated reduction in revenues received from the State, City
Manager Nealis explained that an analysis would be prepared and
presented to the Budget Subcommittee, and then to the City Council,
when the State has finalized its actions. Appropriate adjustments
to the budget may be approved by the City Council in the future.
The City Manager's report on the State budget was requested by
Councilmember Pernell. City Manager Nealis reviewed the current
proposals in the Legislature to recover from the cities one to two
billion dollars of the eleven billion dollar State shortfall. The
proposals involve removing revenues received from property taxes
and vehicle license fees as well as repeal of the "no- and low -
property tax cities" legislation adopted five years ago. The
League of California Cities and City Councils statewide have
expressed their concerns to the Governor and the Legislature.
City Treasurer Courtright pointed out that the City maintains
a contingency fund amounting to 10% of the total General Fund
expenditures; the amount in the 1992-93 budget is $81,618.
Councilmember Leeuwenburgh moved approval of Resolution No.
681 establishing the appropriation limit for the City of Rolling
Hills. The motion was seconded by Councilmember Pernell and passed
without objection.
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Rolling Hills City Council Meeting - 6/22/92
Councilmember Pernell moved adoption of the budget as
presented, Councilmember Leeuwenburgh seconded and the motion
passed 3-0-2. The Staff and Council committee members were
commended for a well-prepared budget.
B. CONSIDERATION OF NUISANCE ABATEMENT AT 63 PORTUGUESE BEND ROAD
(LOT 14 -FT). OWNER: JERRY MARSHAR.
On this continued public hearing, Principal Planner Ungar
reported that the residence has been leveled up and the property
cleaned up, as documented in a letter from the owner, who is ready
to move in. An abandoned vehicle still remains on the property but
is expected to be removed shortly, a vinyl liner has been ordered
for the pool, and clearing of the overgrown vegetation is under
way.
Ms. Myrna Culbreath, representing the property owner, reported
on the progress of the nuisance abatement, estimating completion of
the work in four to six weeks. City Manager Nealis recommended
that the Fire Department inspect the property this week and advise
the property owner on weed abatement requirements.
With the concurrence of the Council, Mayor Swanson directed
the property owner to complete the weed abatement measures in one
week, to prepare a timetable showing how all abatement measures
will be complete in a maximum of six weeks, and to report back to
the City Council at their July 13 meeting. The public hearing was
continued to the meeting of July 13.
OPEN AGENDA
No one present wished to speak on the open agenda.
OLD BUSINESS
A. CITY COUNCIL COMMITTEE ASSIGNMENTS
Due to the absence of two Councilmembers, this matter was
continued to the meeting of July 13, 1992.
B. ORDINANCE NO. 237: 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,
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Rolling Hills City Council Meeting - 6/22/92
1991 EDITION, AND AMENDMENTS THERETO; LOS ANGELES COUNTY CODE,
TITLE 29, AND AMENDMENTS THERETO; ADOPTING AMENDMENTS TO SAID
CODES, AND READOPTING PORTIONS OF TITLE 15 OF THE ROLLING
HILLS MUNICIPAL CODE.
Councilmember Pernell moved adoption of Ordinance No. 237 on
second reading, Councilmember Leeuwenburgh seconded and the motion
passed without objection.
NEW BUSINESS
A. RESOLUTION NO. 683: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING AN AGREEXZNT
BETWEEN THE CITY OF ROLLING HILLS AND THE SOUTHERN CALIFORNIA
HUMANE SOCIETY TO PROVIDE ANIMAL CONTROL SERVICES FOR THE
CITY.
Mr. Donald Anderson, Vice President of the Humane Society,
explained that rising costs have required some increases in service
fees to the City; however, costs are passed on to the pet owner
whenever possible.
Councilmember Leeuwenburgh moved approval of Resolution No.
683, Councilmember Pernell seconded and the motion passed 3-0-2.
B. RESOLUTION NO. 684: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 1992-93
MERIT PAY PLAN.
Councilmember Pernell moved adoption of Resolution No. 684,
Councilmember Leeuwenburgh seconded and the motion passed without
objection.
C. STORAGE OF VEHICLES ON UNIMPROVED LOTS IN THE FLYING TRIANGLE
AREA.
City Manager Nealis reported that in accordance with direction
from the City Council to survey the Flying Triangle area to see
what kinds of vehicles are being stored on lots there, Principal
Planner Ungar has found some lots with three or more vehicles on
the premises. The current Code prohibits the storage of cars on
unimproved lots. Vehicle storage is to be only in conjunction with
a house, and then no more than three recreational vehicles are
permitted per lot.
Mr. Kenneth Thomas, owner of the property at 54 Portuguese
Bend Road, stated his opposition to the vehicle storage prohibition
and demanded that the City show good cause why he should not be
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Rolling Hills City Council Meeting - 6/22/92
permitted to use his property for such storage. He said he was
required by the City to tear down his existing garage after the
landslide occurred and asserted the City is now attempting to
prevent him from any use of it. He threatened to sue the City if
such attempts are continued.
Mr. Bob Lamb, 56 Eastfield, said he sold the property to Mr.
Thomas six months ago for use as a horse training property. He
suggested reasonable alternatives such as. landscaping should be
pursued to work out the situation.
Alternatives to the present policy were outlined by the City
Manager. The definition of recreational vehicles was requested by
Councilmember Leeuwenburgh, and the City Manager said he would
check the Vehicle Code.
Councilmember Pernell suggested that "formerly improved"
property might be treated differently from unimproved property, and
further suggested that permitted vehicles be defined by size and
operability. Councilmember Leeuwenburgh commented that all the
properties would probably have been improved if the landslide had
not occurred. Mayor Swanson added her concern that in the event of
an emergency there might be associated liability to the City.
Councilmember Pernell suggested a requirement for securing vehicles
on such property.
Mayor Swanson directed Staff to prepare a report proposing
conditions to be included in a draft ordinance, and to retain this
item on the agenda for the meeting of July 13, 1992.
D. CONSIDERATION OF ASSURANCES AND UNDERSTANDINGS REGARDING THE
USE OF PROPOSITION C FUNDS.
Councilmember Leeuwenburgh moved approval of the Staff
recommendation to authorize the City Manager to execute the
Assurances and Understandings document regarding the receipt and
use of Proposition .0 funds. The motion was seconded by
Councilmember Pernell and passed without objection.
E. CONSIDERATION OF AGREEMENT FOR PROJECT MANAGEMENT SERVICES
City Manager Nealis reported that the draft agreement with Tom
Montague for project management services for the City Hall Grading/
Hardscape and Landscape Project includes an adjustment of the
method of compensation from the 15% discussed earlier to an hourly
rate of $50 not to exceed a total of $25,000.
Councilmember Pernell moved approval of the Agreement for
discussion purposes and Councilmember Leeuwenburgh seconded.
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Councilmember Pernell pointed out that Mr. Montague is very
familiar with the project and the Community Association has been
quite pleased with his services. Councilmember Leeuwenburgh
expressed her concerns regarding the amount of money committed to
project management services during this period of fiscal
constraints. City Treasurer Courtright commented that the cost
will be split evenly with the Community Association. Mayor Swanson
said she would have preferred competitive bidding for these
services but acknowledged that someone is needed now to coordinate
all three jobs.
Mr. Roy Campbell, 3 Running Brand, stated that if one contract
for all three projects were awarded to a general contractor he
would provide a project superintendent who "would perform most of
these services. A Project Manager would still be required at the
City level just to oversee the project, but many less hours.would
be required.
On a roll call vote, the motion to accept the proposed
agreement for project management services carried 2-1-2, with
Councilmember Leeuwenburgh dissenting.
F. CONSIDERATION OF AUTHORIZATION FOR STAFF TO HIRE A REAL ESTATE
APPRAISER.
City Manager Nealis reported that bids have been solicited
from four real estate appraisal firms to analyze and recommend an
appropriate monthly rental for the new Community Association
offices. Two identical bids have been received to date.
Councilmember Pernell indicated that there has been no change
in the rental rate charged to the Community Association in the last
8 or 10 years, and current information is needed for the rent
negotiations now under way.
Councilmember Pernell moved that Staff be authorized to select
one of the companies solicited and proceed with completion of a
rental appraisal report. Councilmember Leeuwenburgh seconded and
the motion passed without objection.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Leeuwenburgh reported she had received telephone
calls from concerned residents concerning the estate sale which was
held over the weekend. Concerns centered around traffic, parking,
and entry of a large number of people who were not guests or
business contacts of residents. She requested a report from the
City Attorney at the next meeting on the possibility of an
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Rolling Hills City Council Meeting - 6/22/92
ordinance to prevent other such occurrences. Mayor Swanson
indicated it is the responsibility of the Homeowners Association to
control access, and felt an ordinance was not necessary.
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MATTERS FROM STAFF
A. REPORT ON STATE BUDGET
This report was provided by the City Manager during discussion
of the City of Rolling Hills Draft Budget for the Fiscal Year 1992-
93.
MATTERS FROM THE CITY ATTORNEY
None
CLOSED SESSION
There was no need for a closed session.
ADJOURNMENT
The meeting was adjourned at 9:34 p.m. to Monday, July 13,
1992 at 7:30 p.m. 0
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Minutes Se�yetary