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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. Minutes City Council Meeting 11-22-93 -1- 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. Minutes City Council Meeting 11-22-93 -2- 1 l 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 Minutes City Council Meeting 11-22-93 -3- 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). Minutes City Council Meeting 11-22-93 -4- 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. Minutes City Council Meeting 11-22-93 . -5- 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. Minutes City Council Meeting 11-22-93 -6- i 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 Minutes City Council Meeting 11-22-93 -7-