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6/22/19921 I 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. r 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. j 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, 4 I i 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 5 9 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. 2 9 Rolling Hills City Council Meeting - 6/22/92 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 7 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. . 0 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 8 4 Minutes Se�yetary