11/22/1993MINUTES OF A REGULAR MEETING
OF THE
CITY COUNCIL
OF THE CITY OF ROLLING HILLS, CALIFORNIA
NOVEMBER 22, 1993
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor
Murdock at 7:37 p.m. on Monday, November 22, 1993, in the City Council Chambers at City Hall,
2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
— Councilmembers Present: Swanson, Pernell, Heinsheimer and Mayor Murdock.
Councilmembers Absent: Mayor Pro Tem Leeuwenburgh (excused).
Others Present: Craig R. Nealis, City Manager.
Mike Jenkins, City Attorney.
Lola Ungar, Principal Planner.
Marilyn Kern, Deputy City Clerk.
Lt. Gonzales, Los Angeles County Sheriff's Department,
Lomita Station.
Scott Gobble, Southern California Edison Company
Representative.
Marci Lowe, Southern California Gas Company Representative.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any
Councilmember may request removal of any item from the Consent Calendar causing it to
be considered under Council Actions.
a. Minutes - Meeting of November 8, 1993.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of October, 1993.
RECOMMENDATION: Approve as presented.
d. Correspondence from Southern California Gas Company regarding Notice of
Proposed Rate Increase Filing Application No. 93-11-004.
RECOMMENDATION: Receive and file.
e. Correspondence from Southern California Edison Company regarding application for
Authority to Continue and Expand Its Electric Vehicle Program (EV) through
December 31, 2000; to Implement EV Tariffs, including EV Balancing Accounts, and
to Increase Its Rates for EV Service Effective January 1, 1995.
RECOMMENDATION: Receive and file.
f. Correspondence from Browning-Ferris Industries regarding recovered recyclable
material.
RECOMMENDATION: Receive and file.
g. Report regarding FY 93-94 Budget Amendment relative to hardscape improvements.
RECOMMENDATION: Approve as presented.
h. Correspondence from Rolling Hills Community Association Manager Peggy Minor
regarding RHCA accounting office remodel.
RECOMMENDATION: Receive and file.
! Councilmember Swanson moved approval of the recommendations contained in the Consent
Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. Hearing
no objection, Mayor Murdock so ordered.
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PLANNING COMMISSION ITEMS
A. ZONING CASE NO. 495A
MR. AND MRS. NICHOLAS HORNBERGER, 6 WILLIAMSBURG LANE (LOT
38-RH)
RESOLUTION NO. 93-34: A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE
FOR THE ENCROACHMENT OF A GARAGE INTO THE FRONT YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING
CASE NO. 495A.
Principal Planner Ungar presented the staff report. After discussion and hearing no objection,
Mayor Murdock ordered that Planning Commission Resolution No. 93-34 granting a variance for
the encroachment of a garage into the front yard setback at an existing single family residence in
Zoning Case No. 495A be received and filed.
TRAFFIC COMMISSION ITEMS
NONE.
PUBLIC HEARINGS
A. ZONING CASE NO. 502
MR. JOHN Z. BLAZEVICH, 1 BUGGY WHIP DRIVE/ 13 CREST ROAD WEST
(LOT 176 -A -MS & LOT 176 -MS)
AN APPEAL OF A PLANNING COMMISSION APPROVED REQUEST FOR A
LOT LINE ADJUSTMENT IN ZONING CASE NO. 502.
City Manager Nealis presented the staff report and revised plans depicting the changes that the
City Council requested at their meeting of November 8, 1993. Councilmember Heinsheimer
complimented the applicant on the immediate response to the City Council's concerns. Mayor
Murdock opened the public hearing and called for testimony.
• Dr. Paul Kouri, 13 Crest Road West, addressed the Council regarding the applicant's
response to the City Council's concerns.
In response to Councilmember Pernell's question regardink the Planning Commission's concerns
relative to this application, Principal Planner Ungar explained that the actions by the applicant have
removed any of the concerns raised by the Planning Com3.r.�ission. Councilmember Heinsheimer
expressed a concern that the City have assurance that the illegally constructed improvements on
the property be brought into compliance. Principal Planner Ungar explained that a condition is
included in the resolution, that all conditions of this Variance approval must be complied with prior
to the issuance of a building or grading permit from the County of Los Angeles.
Hearing no further discussion, Mayor Murdock closed the public hearing. Councilmember
Heinsheimer moved that the City Council uphold Planning Commission Resolution No. 93-32
authorizing the issuance of a certificate of compliance for a lot line adjustment in Zoning Case No.
502. Councilmember Pernell seconded the motion which carried unanimously. Hearing no
objection, Mayor Murdock ordered that Planning Commission Resolution No. 93-32 be received
and filed.
B. JOHNS CANYON ROAD/CHESTNUT LANE SANITARY SEWER
REIMBURSEMENT DISTRICT 93-1.
A(1) RESOLUTION NO. 716: A RESOL�.;',TON OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS ESTABLISHING A SANITARY SEWER
REIMBURSEMENT DISTRICT AND APPROVING A
REIMBURSEMENT AGREEMENT IN CONNECTION THEREWITH.
A(2) CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF
ROLLING HILLS, THE ROLLING FULLS COMMUNITY ASSOCIATION
AND "PARTICIPANTS" ESTABLISHING CERTAIN RESPONSIBILITIES
RELATING TO THE SANITARY SEWER DISTRICT 93-1.
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City Manager Nealis presented the staff report and called City Councilmember's attention to
correspondence received after preparation of agenda materials from Mark V. and Lynda M. Sauer
and a memorandum from Los Angeles County Deputy City Engineer. Discussion ensued regarding
the proximity of Councilmember Heinsheiriier s residence to the proposed sewer improvements.
It was determined that the Sewer Reimbursement District is more than 300 feet from
Councilmember Heinsheimer's residence and does not impact his property more than $10,000
allowing him to take part in deliberations relative to the Sanitary Sewer District. Mayor Murdock
opened the public hearing and called for testimony.
• Mr. Bill Peters, 11 Johns Canyon Road, addressed the Council regarding the history of the
establishment of this sanitary sewer and asked that the Council waive the District
preparation fees since these documents will serve as a boilerplate for future sanitary sewer
projects and will benefit the community. He also stated that members of the District would
like to see the language in Section 9 Indemnification of the Sewer Connection
Reimbursement Agreement amended to eliminate the words "and operation of the
improvements."
• Mr. Gary Hansen, 6 Chestnut Lane, expressed a desire to join the Sanitary Sewer District
and noted that he has been in contact with Mr. Peters to accomplish this.
Councilmembers discussed the requests made by Mr. Peters. Councilmember Swanson stated that
she would be in favor of waiving the District preparation fees as this project will benefit the
community.
• Mrs. Lynda M. Sauer, 4 Chestnut Lane, stated that' their position is as set forth in their
letter of November 22, 1993, that was presented to the Council this evening. She further
indicated that they have negotiated a private agreement between Dr. Peters and Mr. Stone
stating that if the fence on their property must in taken down due to installation of the
sewer system, that it would be replaced.
Councilmembers discussed the concerns that Mr. and Mrs. Sauer expressed regarding their property
being disturbed by the installation of the sewer system as well as safety concerns during
construction. Councilmembers concurred that measures could be taken to see that the Sauer's
concerns were taken into consideration during construction of the sewer system.
• Mr. David Stone, 9 Johns Canyon Road, indicated that he has spoken to Mrs. Sauer and
reported that the fence would be replaced if it were necessary to remove it during
construction of the sewer and that the safety measures would be strictly enforced by the
contractor hired to construct the sewer system.
Discussion ensued regarding the Sewer Connection Reimbursement Agreement and what
amendments could be made to facilitate all concerns raised during deliberations. Hearing no
further discussion, Mayor Murdock closed the public hearing.
Councilmember Swanson moved that the City Council adopt Resolution No. 716 establishing a
Sanitary Sewer Reimbursement District and approving a reimbursement agreement in connection
therewith with the following amendments to that reimbursement agreement; (1) Section 7,
Reimbursement District preparation fees, be amended to indicate that since public purpose for
future improvements exist, that the administrative fees in connection with this project be waived
for the original funding property owners in the District, however, for a 30 day period following
adoption, any property owners in the existing district that wish to be included as an original
participant will not be subject to a 1/7 calculation of the administrative preparation fees and after
that 30 day period (12/10/93), anyone wishing to participate in the District will be subject to the
1/7 administrative preparation fee. (2) Section 8, Additional responsibilities of parties and Section
9, Indemnification, be amended to reflect that indemnification will cease upon annexation of the
sewer line into the Consolidated Sewer Maintenance District. (3) Section 12, Termination, be
amended to reflect that City may terminate this Agreement in its sole discretion if the
improvements are not completed by December 31, 1994, unless extended by the applicant and that
staff be given the authority to amend these documents based upon written input from the Hansens
as to their desire to be included into the original District participants and that any action of this
motion do not circumvent the City Council authority to impose any future administrative fee on
future district or other participants beyond the 30 day period. Councilmember Swanson further
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moved that the agreement between the City of Rolling Hills, the Rolling Hills Community
Association and "Participants" establishing certain responsibilities be approved with the requirement
that the concerns raised by the Sauers be included as a condition of building permit issuance.
Councilmember Pernell seconded the motion which carried unanimously. Hearing no objection,
Mayor Murdock so ordered.
C. ZONING CASE NO. 480
DR. AND MRS. BARTON WACHS, 6 OUTRIDER ROAD (LOT 72 -A -EF)
AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A
VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM
ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONIN
CASE NO. 480.
City Manager Nealis reported that Zoning Case 480 was presented this evening for the purpose of
scheduling a field trip. Hearing no objection, Mayor Murdock ordered that the public hearing be
continued to Saturday, December 11, 1993, at 9:30 a.m. for the purpose of conducting a field trip.
D. ZONING CASE NO. 497
MR. AND MRS. BERNARD HOWROYD, 7 MAVERICK LANE (LOT 28 -SK)
AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A
VARIANCE TO CONSTRUCT A GARAGE IN THE SIDE YARD SETBACK IN
ZONING CASE NO. 497.
City Manager Nealis reported that Zoning Case 497 was presented this evening for the purpose of
scheduling a field trip. Hearing no objection, Mayor Murdock ordered that the public hearing be
continued to Saturday, December 11, 1993, at 9:30 a.m. for the purpose of conducting a field trip.
OLD BUSINESS
A. ORDINANCE NO. 245: AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING UNIFORM PARKING CITATION PROCESSING
PROCEDURES, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
Councilmember Swanson reported that she had spoken to the City Manager regarding the cos
that will be incurred by Rolling Hills for this service. She noted that City Manager Nealis reporte
to her that Rolling Hills would only to be charged for the number of citations issued in the City
of Rolling Hills and therefore she would vote in favor of Ordinance 245.
Councilmember Pernell moved that the City Council waive further reading and adopt Ordinance
No. 245 establishing uniform parking citation processing procedures, and amending the Rolling
Hills Municipal Code. Councilmember Swanson seconded the motion which carried unanimously.
A(1) CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF
ROLLING HILLS AND THE MUNICIPAL COURT OF THE TORRANCE
JUDICIAL DISTRICT, COUNTY OF LOS ANGELES, RESCINDING ANY
PRIOR AGREEMENTS REGARDING PARKING CITATION
PROCESSING RESPONSIBILITY AND TRANSFERRING PARKING
CITATION PROCESSING ACTIVITY.
A(2) RESOLUTION NO. 717: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS ESTABLISHING A PARKING
VIOLATION PENALTY SCHEDULE.
A(3) CONSIDERATION OF AN AGREEMENT BETWEEN TURBO DATA
SYSTEMS, INC. AND THE CITIES OF ROLLING HILLS ESTATES,
RANCHO PALOS VERDES AND ROLLING HILLS FOR PROCESSIN
OF PARKING CITATIONS.
A(4) RESOLUTION NO. 718: A RESOLUTION OF THE CITY COUNCIL O
THE CITY OF ROLLING HILLS APPROVING A PARKING CITATION
ADMINISTRATIVE ADJUDICATION MANUAL FOR HEARING
EXAMINERS.
City Manager Nealis presented the staff report providing ),ackground on items 7-A(1) through 7-
A(4).
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Cindy Ness, Turbo Data, reported on the background of the Company and explained how
the system will work.
Councilmember Pernell questioned the citation: =numbers listed and noted that most of them are
not relevant to the City of Rolling Hills. City Manager Nealis reported that Rolling Hills issues
only 3 citations per month and most of them are for parking in an unsafe manner. Discussion
ensued regarding the reports that will be generated by Turbo Data and the qualifications of the
hearing officer to be provided by Turbo Data.
Councilmember Pernell moved that the City Council approve the agreement and resolutions
regarding this item. Councilmember Heinsheimer seconded the motion which carried unanimously.
Hearing no objection, Mayor Murdock so ordered.
NEW BUSINESS
A. CONSIDERATION OF A REQUEST FROM THE WILDLIFE PRESERVATION
COMMirih ✓ TO FUND THE PURCHASE OF POPPY SEED.
City Manager Nealis presented the Wildlife Preservation Committee's request to the City Council.
City Councilmembers expressed a desire to see an plan for the distribution of the poppy seeds.
Councilmember Swanson suggested that the City Council approve a specific amount not to be
exceeded and that this planting be to the satisfaction of the City Manager since there is such
limited time left in which to plant wildflowers. Discussion then ensued regarding the project and
the methods by which the Committee would distribute the wildflower seeds to residents.
Councilmember Heinsheimer expressed a concern that the City would be subsidizing the
beautification of private homeowners' property. Mayor Murdock agreed and stated that she felt
that the idea and the intent of the project was wonderful, however, in the absence of an actual plan
could not justify allocating funds for the project.
Hearing no objection, Mayor Murdock directed staff to communicate to the Wildlife Preservation
Committee that the City Council wholeheartedly supports the Committee's efforts in introducing
these poppy seeds to the community however cannot ;provide City funding at this time.
Councilmembers encouraged the Committee to formulate a plan for this program with supporting
documents next year before the Council would allocate funds for this program. It was suggested
that staff indicate to the Wildlife Preservation Committee to advertise in the City-wide Newsletter
to solicit donations from residents for the completion of this project this year.
B. CONSIDERATION OF CORRESPONDENCE FROM LOS ANGELES COUNTY
SHERIFF'S DEPARTMENT CAPTAIN HERB PETTUS REGARDING
SOBRIETY CHECKPOINT COSTING.
City Manager Nealis presented the staff report.
Councilmember Heinsheimer moved that the City of Rolling Hills participate with the Cities of
Rolling Hills Estates and Rancho Palos Verdes in funding nine DUI Checkpoints for the remainder
of FY 93-94 in an amount of $644.57. Councilmember Pernell seconded the motion which carried
unanimously. Hearing no objection, Mayor Murdock so ordered.
C. RESOLUTIONS RELATING TO THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, APRIL 12, 1994.
C(1) RESOLUTION NO. 719: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1994, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
C(2) RESOLUTION NO. 720: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, APRIL 12, 1994.
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C(3) RESOLUTION NO. 721: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 12,
1994.
C(4) RESOLUTION NO. 722: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS, CALIFORNIA, ORDERING THE
CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, APRIL 12, 1994 BE MADE BY THE CITY CLERK.
City Manager Nealis presented the staff report.
Councilmember Heinsheimer moved that the City Council adopt Resolution Nos. 719,720,721 and
722. Councilmember Pernell seconded the motion which carried unanimously. Hearing no
objection, Mayor Murdock so ordered.
OPEN AGENDA APPROXIMATELY 8:00 P.M., PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL,
0 Councilmember Pernell commented on correspondence to the Rolling Hills Community
Association from Captain Kummelehne of the Us Angeles County Fire Department Station
No. 56 relative to County Fire Department access to the Crest Road East entrance gate.
Staff was directed to draft correspondence to the Rolling Hills Community Association
supporting the Los Angeles County Fire Department's request for the placement of a lock
on the Crest Road East access gate that would enable any Us Angeles County Fire
Department unit through the locked gate to increase public safety.
Mayor Murdock reported on a letter from the Sanitation Districts encouraging Christmas
Tree Recycling Programs. Staff was directed to contact BFI to initiate the Christmas Tree
Recycling Program within the City of Rolling Hills again this year.
Mayor Murdock also reported that Helene Drown, a long time Rolling Hills resident passed
away this past week -end. I
Mayor Murdock indicated to Councilmembers that s -he is waiting to hear back from one of
the nominees for the Public Safety Assistance Program and that one nominee declined for
health reasons. She solicited help from the Council in submitting alternate names for
nomination to this program.
MATTERS FROM STAFF,
• City Manager Nealis reported on a memorandum from the Peninsula City Managers
regarding the coordination of Peninsula Cities contracting activities. He noted that the
consolidated services which Rolling Hills could participate with other Peninsula Cities
include refuse collection and street striping.
• Principal Planner Ungar reported on the work stoppage at 16 Crest Road West and 61
Eastfield Drive. She stated that a letter would be sent to the property owners requesting
a construction schedule.
MATTERS FROM THE CITY ATTORNEY
None.
ti
CLOSED SESSION
None.
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ADJOURNMENT
Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at
9:11 p.m. in memory of long time Rolling Hill's"Iresident Helene Drown, to an adjourned regular
meeting scheduled for Saturday, December 11, 1993 at 9:30 a.m. for the purpose of conducting a
field trip.
t` .4. /° '6,A�
Marilyn kern
Yn
Deputy City Clerk
Approved,
Jody d(a
Mayor
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