Loading...
1/10/1994 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JANUARY 10, 1994 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:35 p.m. on Monday, January 10, 1994, in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Swanson,Pernell,Heinsheimer, Mayor Pro Tem Leeuwenburgh and Mayor Murdock. � Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Lola Ungar, Principal Planner. L,arry Courtright, City Treasurer. Marilyn Kern, Deputy City Clerk. 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 22, 1993. RECOMMENDATION: Approve as presented. b. Minutes - Meeting of December 11, 1993. � RECOMMENDATION: Approve as presented. c. Payment of Bills - December 13, 1993, Payment of Bills - December 27, 1993 and Payment of Bills - January 10, 1994. RECOMMENDATION: Approve as presented. d. Financial Statement for the Month of November. RECOMMENDATION: Approve as presented. e. Correspondence from Browning Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. f. Letter of resignation from Traffic Commissioner John Welbourn. RECOMMENDATION: Receive and file. g. Copy of correspondence from RHCA Manager Peggy Minor to Fire Station 56 regarding the Fire Departments request for changes to the locks at the Crest Road access gate. RECOMMENDATION: Receive and file. h. Correspondence from the Los Angeles County Board of Supervisors regarding the Board's action regarding sentencing laws and lengthening of mandatory sentences for violent felons, child molesters and sex offenders. RECOMMENDATION: Receive and file/provide direction. i. Correspondence from Southern California Edison Company regarding petition to California Public Utilities Commission for modification of a decision relative to authority to increase authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning 1/1/92. RECOMMENDATION: Receive and file. . j. Correspondence from Southern California Edison Company regarding Notice of Filing Applications with California Public Utilities Commission to adopt a ' performance-based ratemaking mechanism effective 1/1/95. RECOMMENDATION: Receive and file. k. Notice from Southern California Gas Company regarding proposed rate change. RECOMMENDATION: Receive and file. Minutes City Council Meeting 1-10-94 -1- 1. Notice of Completion to Ryco Construction for Hardscape Project. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved approval of the recorr.unendations contained in the Consent Calendar. Councilmember Perneli seconded the motion which carried unanimously. Hearing no objection, Mayor Murdock so ordered. SPECIAL PRESENTATIONS A. PRESENTATION O�F PLAQUE TO JOHN WELBOURN IN APPRECIATION FOR HIS YEARS OF DEDICATED PUBLIC SERVICE AS VICE CHAIR OF THE ROLLING�HILLS TRAFFIC COMMISSION. Mayor Murdock noted that Mr. Welbourn was unable to attend the meeting and that staff would forward the plaque to him. B. PRESENTATION OF PLAQUE TO JACKI BACHARACH IN APPRECIATION FOR YEARS OF DEDICATED PUBLIC SERVICE ON THE RANCHO PALOS VERDES CI'�Y COUNCIL. Mayor Murdock presented a plaque to Jacki Bacharach, former City Councilmember of the City of Rancho Palos Verdes for her 13 years of dedicated public service. C. PRESENTATION OF PLAQUE TO ROBERT E. RYAN IN APPRECIATION FOR YEARS OF DEDICATED PUBLIC S��,RVICE ON THE RANCHO PALOS VERDES CITY COUNCII,. Mayor Murdock noted that Mr. Ryan was unable to attend the meeting and that staff would forward the plaque to him. D. PRESENTATION OF PLAQUE TO MARL`i S J. KINNEL IN APPRECIATION FOR YEARS OF DEDICATED PUBLIC SERVICE ON THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES. Mayor Murdock noted that Ms. Kinnel was unable to attend the meeting and that staff would forward the plaque to her. E. PRESENTATION OF PLAQUE TO JEFFREY N. YOUNGGREN IN APPRECIATION FOR YEARS OF DEDICATED PUBLIC SERVICE ON THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES. Mayor Murdock presented a plaque to Jeffrey N. Younggren, former member of the Palos Verdes Unified School District Board of Trustees for his 8 years of dedicated public service. PLANNING COMMISSION ITEMS A. ZONING CASE NO. 498 MR. AND MRS. DOMENIQUE CLAESSENS, 7 STORM HILL LANE (LOT 169- B-MS) RESOLUTION NO. 93-36: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLII��TG HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR A NEW Sl"I�vTGLE FAMILY RESIDENCE IN ZONING CASE NO. 498. Principal Planner Ungar presented the staff report that included the applicant's request, a history of Planning Commission actions relative to the proposea development and special conditions � required by the Planning Commission. Councilmember Heinsheimer indicated that he must abstai,n from this matter due to the proximity of his residence to the proposed development at 7 Storm I�i:ll Lane. Minutes City Council Meeting 1-10-94 _2_ �.. � - 4 , ��N: .d',:i.�."• F + . ":� . . , ,_ C�3.s:S. In response to Mayor Pro Tem Leeuwenburgh's request, Principal Planner Ungar reported that according to the plans presented, the radius of the turn-around area is 35 feet. City Manager Nealis reported that the driveway access would come before the Traffic Comm.ission at their next meeting scheduled for January 21, 1994. F.4�3wC,:.�;;;-.�,::F�;::;. Councilmember Pernell commented on the size of the proposed residence and its comparison to those adjacent to it. During discussion, Councilmembers concurred that due to the size of the proposed structures, that they would like to further review the impact on the property and surrounding areas and expressed a desire to become better informed on this application. Councilmember Pernell suggested that the City Council schedule a field trip to the site to better familiarize themselves with this application. Councilmember Pernell moved that the City Council take jurisdiction of Zoning Case No. 498 and that a public hearing be scheduled for the next regularly scheduled meeting of the City Council to be held Monday, January 24, 1994. Mayor Pro Tem Leeuwenburgh seconded the motion which carried unanimously (4-0-1) (Councilmember Heinsheimer abstained). TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS A. 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 ZONING CASE NO. 480. Principal Planner Ungar presented the staff report and reported that the applicant's have updated the Vicinity Map to reflect the buildings of the adjacent property to the northwest as requested by the City Council at their field trip meeting on December 11, 1993. She indicated that this updated Vicinity Map shows that there is a pool cabana on the adjacent property to the northwest which is 45 feet from the applicants proposed bathroom alcove. Discussion then ensued regarding the pool cabana on the adjacent property. Mayor Pro Tem Leeuwenburgh indicated that during the field trip it was noticed that this structure was the adjacent property owner's bedroom. Mayor Murdock opened the public hearing and called for testimony. • Mr. Criss Gunderson, architect for the applicant, explained that he researched the buildings on the adjacent property owner's property and the plans on file in the Rolling Hills Community Association offices indicated that the building in question is identified as a detached 600 square foot structure that is a pool cabana. Mayor Pro Tem Leeuwenburgh indicated that she received a call from Mrs. Marilyn Malmuth, 4 Outrider Road, indicating that she had missed the Planning Commission's field trip and that she has concerns regarding the proposed additions being so close to her bedroom. Mr. Gunderson offered that the additions may act as a buffer between the applicants property and Mrs. Malmuth's property. City Manager Nealis suggested that since there is a possible discrepancy in the Vicinity Map, that staff be directed to view this site as well as the adjoining property with the applicant's representative. Councilmember Swanson suggested that the Council hear further testimony and then decide whether this would be beneficial. • Dr. Barton Wachs, applicant, expressed concern that the adjacent property owner did not come forward and object during Planning Commission review. He indicated that he would like to discuss his proposal personally with Mrs. Malmuth. , Minutes City Council Meeting 1-10-94 _3_ Councilmember Swanson indicated that she received an inaudible message ori her answering machine from a person believed to be Mrs. Malmuth requesting that the City Council not approve this application. Councilmember Swanson reported that she requested that staff investigate and that the person who called her be contacted and asked to come and state her objections before the City Council this evening for the record. Staff indicated that Mrs. Malmuth offered verbal objection to the project over the telephone, however could not attend tonight's meeting due to a scheduling conflict. Councilmember Swanson commented that she has a clear understanding of the proposed improvements to the Wachs' residence and that a further field trip to the site would not be necessary. She also indicated that she is concerned that the adjacent property owner is just now objecting to this proposal. In response to Councilmembers Pernell's question regarding the Planning Commission deliberations relative to this case, Mr. Gunderson commented that only three Commissioners were present for the final vote on this case however, he reported that the applicant was asked if they would prefer to continue the vote until all Commissioners were present. The applicant requested that since he was not aware of Mrs. Malmuth's concerns before this evening, he would like time to discuss them with her before the Council makes a decision on this case. Councilmember Heinsheimer commented that he is concerned regarding the size of the lot as it relates to the proposed improvements. Discussion then ensued regarding the reasons that the Planning Commission denied this request. Mr. Gunderson indicated to the City Council that the front yard setback was changed after the Wachs' house was built and that he hopes that the Council will take this into consideration. Discussion then ensued regarding pad coverage calculations and what effect the change in the front yard setback has on this application. Councilmember Pernell suggested that the applicant be allowed to recalculate the percentage of land that is actually being covered. Councilmember Swanson added that all property in Rolling Hills is different and that by visiting a site during a field trip the Council can visualize what impact improvements haee on the property. She indicated that she feels this particular property does not look crowded cc�mpared to others in the community. Councilmember Swanson indicated that she feels that this addition does not impact the complete scope of the neighborhood. She restated that her concern is that the neighbor objecting to these improvements be consulted but that since this project has been under consideration for sometime, she questions why the neighbor is coming forward at this ti:,ne. Mayor Murdock suggested that this case be continued to allow time for the applicant to adjust the calculations of his plans based on discussions this evening and to discuss with his neighbor the concerns she raised regarding his project. Mayor Murdock also indicated that by continuing the public hearing, staff would have time to research the discrepancy in the plans as they relate to the neighbor's property. g-iearing no objection, Mayor Murdock ordered that the public hearing be continued to the next regularly scheduled meeting of the City Council to be held on Monday, January 24, 1994, to allow time for the applicant to address concerns. Staff was directed to meet with the applicant's representative to determine the distance between the prop��sed structure and those on adjoining properties. PUBLIC HEARINGS B. 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. Principal Planner Ungar presented the staff report and information requested by the City Council at the field trip on December 11, 1993 showing the setbacks and easements and distance of the e�cisting buildings and their distances to the adjacent property to the west. Mayor Murdock called for testimony under the continued public hearing. Minutes City Council Meeting 1-10-94 _4_ �t��� x��': �;>;� , � • Criss Gunderson, Architect for`the applicant, spoke to the Council regarding the pad coverage calculations relative to this case.� He presented adjusted calculations for the Council's information. Mr. Gunderson repor.ted that the homes on the opposite side of Maverick L,ane are less restricted,s,inee;_�they_are zoned differently. He explained that the Howroyd's property would not be as impacted if this property were in the RAS-1 Zone. He stated that Mr. and Mrs. Howroyd need the�extra space for their family that this application would provide and that they apologize for getting ahead of the process by converting their garage into living space before gaining permission. Councilmember Swanson stated that she feels that the Planning Commission acted appropriately and within the rules and regulations of the City by denying the request. She further stated that she is concerned that there is an illegal conversion involved and questioned if there could be something that the applicants could do to redeem themselves. She communicated that she feels that if there were no illegal conversion involved, that this case would.not be as complicated and would be similar to the previous case in that the setback line was changed thus causing a hardship on the applicant. Councilmember Pernell discussed the percentage calculations of pad coverage and asked if Mr. Gunderson had done them. Mr. Gunderson indicated that he had done the calculations and that he believes that they are misleading in that they include both the information for the pad for the main residence and the pad for the barn. City Manager Nealis noted that the applicant's representative is applying the zoning standards for the properties across the street that are not applied to this property pursuant to the code to achieve a lower calculation. Councilmember Leeuwenburgh stated that she supports the Planning Commission's decision in denying this request, noting that if the Council recalculates everything that comes before them that it would be setting a precedent and penalizing those who have complied with the rules and regulations on previous projects. Councilmember Heinsheimer commented that there is a considerable amount of room for improvement on the property within the confines of the existing building. Hearing no further discussion, Mayor Murdock closed the public hearing. Councilmember Pernell moved that the City Council uphold the Planning Commission's denial of a request for a variance to construct a garage in the side yard setback in Zoning Case No. 497. Mayor Pro Tem Leeuwenburgh seconded the motion which carried unanimously. Staff was directed to prepare a resolution memorializing this action for the next regularly scheduled meeting of the City Council � to be held Monday, January 24, 1994. OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME None. C. ZONING CASE NO. 485, SUBDIVISION NO. 87. AND TENTAT'IVE PARCEL MAP NO. 23594 MR. AND MRS. COSIMO OCCHIPINTI, 34 CREST ROAD EAST (LOT 57-C- MS) A REQUEST TO SUBDIVIDE A 5.36 ACRE EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT AT 34 CREST ROAD EAST (LOT 57-C-MS) INTO 2 SINGLE-FAMILY RESIDENTIAL LOTS FRONTING THE NORTH SIDE OF CREST ROAD WEST AND THE WEST SIDE OF CABALLEROS ROAD IN ZONING CASE NO. 485, SUBDIVISION NO. 87, AND TENTATIVE PARCEL MAP NO. 23594. (PLANNING COMMISSION RECOMMENDATION: APPROVE). Principal Planner Ungar presented the staff report outlining the applicant's request and the Planning Commission's actions relative to Zoning Case 485. Councilmember Pernell questioned the requirements for the size of a corral. Principal Planner Ungar reported that the stable is only shown on the plans however, the plans indicated that there is an ability to provide the extra 550 square feet for a corral. Mayor Murdock opened the public hearing and called for testimony. Mayor Pro Tem Leeuwenburgh commented on the driveway access to the proposed new lot and questioned when it would be brought before the Traffic Commission. City Manager Nealis reported that the driveway access would be scheduled before the Traffic Commission when Minutes City Council Meeting 1-10-94 _S_ proposed development of the lot is brought before the City. I-�e indicated that in the subdivision process, the applicant must prove that there is vehicular accessibility to the property however, that the location is not necessarily permanent at this stage, ♦ Mr. Doug 1VIcHattie, South Bay Engineering, reported to the City Council that this project had been presented to the lZolling Hills Community Association and that the only objection they had was the Planning Commission conditio� that the easement between the two properties be increased. Hearing no further comments, Mayor Murdock closed the public hearing. Councilmember Heinsheimer moved that the City Council approve a request to subdivide a 5.36 acre existing lot that has one residential unit at 34 Crest Road East (Lot 57-C-MS) into 2 single- family residential lots fronting the north side of Crest Road West and the west side of Caballeros lZoad in Zoning Case 1Vo. 485, Subdivision No. 87, and Tentative Parcel Map No. 23594. Councilmember Pernell seconded the motion which carried unanimously. Mayor Murdock closed the public hearing. Staff was directed to prepare a Resolution memorializing this action and return it for adoption at the next regularly scheduled meeting of the City Council. D. ZONING CASE NO. 449. SUBDIVISION NO. 83� AND T`ENTATTVE PARCEL MAP NO. 22334 DR. AND MRS. ROBERT A. SMITH, 7 PINE TREE LANE (LOT 86-RH) A REQUEST TO SUBDIVIDE A 6.16 ACR�' EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT AT 7 PINE TREE LANE (LOT 86-RH) INTO 2 SINGLE- FAMILY RESIDENTIAL LOTS FRONTINU THE EAST SIDE OF PINE TREE LANE IN ZONING CASE NO. 449, SUBDIVISION NO. 83, AND TENTATTVE PARCEL MAP NO.22334. (PLANNING CC�'�IMISSION RECOMMENDATTON: DENY). Principal Planner LTngar presented the staff report outlining the applicants request and the Planning Comm.issions actions relative to Zoning Case No. 449. She read a letter from Mr. and Mrs. William Hassoldt, 10 Pine Tree Lane, dated January 1C, 1994 and received by the City via fax after staff materials were delivered to the City Council. She noted that this letter has been copied and placed before the City Council this evening and indieated that the letter pertains to the Hassoldt's objection that the proposed extension of Pine Tre� Lane is designed on their property. • Dr. Robert Smith, applicant, presented a written report he prepared which addresses the Planning Commission's concerns item by item. He also presented a model which shows the area of land being disturbed by the process to mitigatc, the ancient landslide on the property. Dr. Smith noted to the Council that he believes that :he amount of the lot to be excavated to mitigate the ancient landslide would be to a maxim�m of 35 feet and not 70 feet as stated in the staff report. Councilmember Heinsheimer commented that the information presented to the Council this evening is extensive and suggested that this item be continued to allow the Council and staff time to review the materials. Councilmember Swanson asked for clarification on the amo,int of land to be excavated on parcel number 2. • Mr.Doug McHattie,South Bay Engineering,addressea Councilmember Swanson's questions and stated that he believes the amount of land to be excavated is a maximum of 52 feet. Mr. McHattie reported to the Council that the County delivered written approval of the mitigation measures since they felt very strongly that the mitigation measures proposed by the applicant's geologist would solve any landslide �i�blems. Mr. McHattie explained that he felt that the information regarding the mitigati�n process was not presented to the Planning Commission in a concise manner. Councilmember Heinsheimer asked whether the written inivrmation and the model prepared by Dr. Smith had been presented to the Planning Commission. Dr. Smith explained that it had not. Due to the technical nature of the materials presented by Dr. Smith, Councilmember Heinsheimer questioned whether it would be possible to obtain the Planning Commission's opinion on this new information. Councilmember Pernell noted that he feels that any appeal be based on the data and Minutes City Council Meeting 1-10-94 _6_ q�, h. _ ..;n -.^'1.�fM 4:r"�-,5�t�-1��-. .6 f ,:.e,YI. �3`'.' .. . testimony that was presented to the PIaniiing Commission. He`suggested that these new items be presented to the Planning Commission for their review. Councilmembers e�ressed concern that the new information presented by the applicant this evening has not been reviewed by the Planning Commission. City Manager Nealis suggested that staff be directed to review the subdivision process to discern whether this case could be returned'to thea:Planning Commission and suggested that this public hearing be continued. ' .:3�ti. . � � • Dr. Ramon C�kingnan, 16 `Pine Tree Lane, addressed the City Council regarding the proposed extension of Pine Tree Lane. He indicated that he and Dr. Smith tried unsuccessfully to come to an agreement with Mr. and Mrs. Hassoldt regarding the Road extension. He reported that originally there were four parties involved in subdividing on Pine Tree La,ne and that the Hassoldt's have since put their plans on hold. He further reported that he, Dr. Ullrich and Dr. Smith are all in agreement over the placement of the roadway. Dr. C�kingnan explained the cul-de-sac bulb which lies mostly on his property and other aspects of the roadway which was designed in conjunction with the other property owners subdividing on Pine Tree Lane. • Mr. Martin Goldberg, 6 Pine Tree Lane, addressed the City Council and indicated that he has been opposed to this project since its inception. He stated that these subdivisions impact all property owners on Pine Tree Lane and that he objects to the widening of the road. Councilmember Heinsheimer commented that this is a complex case and that the City Council needs to see the complete picture b`efore making a decision. He requested that staff prepare a briefing to the Council on all issues involved in this subdivision. He indicated that the City Council has concerns regarding the instability of the land on parcel no. 2 and the technical difficulties involved. He further indicated that a problem may arise in the future should the Council approve this subdivision and if parcel no. 2 subsequently becomes a non-buildable lot. He e�cpressed his opinion that since the Planning Commission reviewed the technical aspects of this case, that their recommendation would be hard to overturn. • Dr. Smith indicated that the Planning Commission reviewed this case for two years and became entangled in the roadway placement. He also e�ressed his concern that the Planning Commission did not receive the facts all at once. He referred the Council to the materials he prepared and stated that he hopes that this will assist the City Council in making a decision. � After discussion and hearing no objection, Mayor Murdock ordered that the public hearing be continued to the next regularly scheduled meeting of the City Council scheduled for Monday, January 24, 1994, to allow time for the City Council to review the documents presented to them by Dr. Smith and to determine if this case can be returned to the Planning Commission for review of new technical data and models relative to the application. Staff was directed to prepare a detailed report on all aspects of this case as well as the other subdivisions on Pine Tree Lane to give the Council a complete picture of what has been developing on Pine Tree lane since these cases seem to be involved with each other. OLD BUSINESS A. CONSIDERATION OF A REQUEST FROM THE WILDLIFE PRESERVATION COMIVIITTEE REGARDING A NATIVE PLANT DEMONSTRATION PROJECT. City Manager Nealis requested that this item be continued to the January 24, 1994 meeting of the City Council. Hearing no objection, Mayor Murdock ordered that the consideration of a request from the Wildlife Preservation Committee regarding a Native Plant Demonstration Project be continued to the next regularly scheduled meeting of the City Council to allow time for the Wildlife Preservation Committee to prepare materials for presentation. B. CONSIDERATION OF AWARD OF BID FOR ADMINISTRATION AND TENNIS COURT AREA LANDSCAPE MAINTENANCE SERVICES. Minutes City Council Meeting 1-10-94 _�_ City Manager Nealis presented the staff report outlining the bidding process and steps taken by staff before recommending that the Council approve an agreement with G.S. Brothers, Inc. He reported that Mr. Steve Rogers, representative of G.S. Brothers, Inc. is in attendance to answer questions from the City Council. Mr. Rogers answered questions from the City Council indicating that they propose a crew of three to four men depending on the season making one major and one follow-up visit per week. He further indicated to the Council that annual color will be introduced upon request. In response to Councilmember Pernell's question, he indicated that leaf bl.owers would be used only if the City did not have an Ordinance prohibiting them. City Manager Nealis reported that the bid specifications indicated that leaf blowers were not prohibited but that the contractor should understand that they should be used with consideration of the surrounding property owners and those working in the buildings on the property. The contractor further noted that they have extensive knowledge of the operation of the sprinkler system. In answer to Councilmember Swanson's question regarding how his company was informed of the City's request for proposal for landscape maintenance services, Mr. Roger's indicated that City Manager Nealis had phoned them and asked if they were interested in submitting a bid. In response to Councilmember Swanson's concern, City Mana�:er Nealis explained that all bids were received sealed according to the bidding process. I-ie reported that calling prospective bidders is a common practice used to obtain as many bidders as possible and that the City Council had encouraged him to invite as many bidders as possible. Mr. Nealis also reported that he contacted the landscape consultant who designed the landscape plans to identify recommended contractors who may be interested in this work and that bids were advertised in the Los Angeles Times, Daily � Breeze, Palos Verdes Peninsula News and the Dodge Green Sheet. City Manager Nealis reiterated that in no way did any bidders have information that would place them at an advantage and that the bidding process was legal and totally above board. Councilmember L,eeuwenburgh commented on the annual color to be provided by the contractor. Councilmember Heinsheimer indicated that this only a conti actual provision and that it would only be initiated should the Landscape Subcomm.ittee desire to add them. Hearing no objection, Mayor Murdock ordered that staff prepare a Resolution and a one year agreement between the City and G. S. Brothers, Inc. for landscape maintenance of the City Administration Facility and Tennis Court areas. C. RESOLUTION NO. 723: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE FOR LGT LINE ADJUSTMENT, SUBJECT TO THE CONDITIONS OF PLANNING COMMISSION RESOLUTION NO. 93- 32 IN ZONING CASE NO. 502. City Manager Nealis recommended that this item be continued to January 24, 1994. He reported that during an inspection of the property earlier in the day, that it was evident that the vehicular access from Parcel 1 across the property line to the guest house on Parcel2 was not blocked in a manner required by the City Council and proposed by the ��roperty owners. Mr. Nealis reported that he had spoken to the applicant's representative who indicated that the access had been violated to allow for the moving of furnishings and equipment from the guest house. After discussion and hearing no objection, Mayor Muraock ordered that consideration of Resolution No. 723 be continued to the next regularly scheculed meeting since certain conditions set forth by the Planning Commission and the City Council uppear to have been violated. NEW BUSINESS A. CONSIDERATTON OF AN OFFER TO DONATE A RUG TO THE CITY OF ROLLING HILLS. City Manager 1Vealis presented the staff report and supporting documents regarding Mr. and Mrs. William D. King's offer to donate a Turkish Hereke rug to the City for use in the building occupied by the Rolling Hills Community Association. He also presented to the City Council a letter from the City Attorney dated,January 6, 1994, regarding donatio.l�, of items to local government that was sent to the City after agenda materials had been delivered to the City Council. At the request of Minutes City Council Meeting 1-10-94 _g_ � `s'�Pa�s a..-:�;, s� ,rrn.. Lk"�;i. r`l`v �� ��+�s�a.: . Councilmember Swanson, City Manager Nealis`summarized'the letter for the Council. He reported that t� deductible contributions for gifts to a political subdivision of the State of California are tax deductible if they are made exclusively for public purposes and there are no written or oral conditions to restrict or limit the gift to a specific use. Mr. Nealis indicated that the City Council may have to make a determination on whether this rug is being donated to the City or the Community Association since one of the letters from the donors indicate that this rug is for use in the building occupied by the Commuruty��"�sociation:'. Councilmember Heinsheimer indicated that he feels that the issues regarding tax liability is not the City's concern. Councilmember Leeuwenburgh reported that she requested this opinion from the City Attorney so that she would know what the tax advantage was. Councilmember Heinsheimer indicated that this seems to be a gift for the Community Association but if the donors are offering this rug to the City without any conditions, that he would be in favor of accepting it. Councilmember Pernell questioned staff regarding whether the City has a need or use for a gift of this kind in City Hall. Councilmember Swanson suggested that before this question is answered, she would like to hear from the donor as to the intent of this offer. • Mrs. Beth King, 9 Wideloop Road, addressed the Council regarding the rug and stated that she feels that there is a need for a carpet in the building occupied by the Community Association. She indicated that if this carpet is not accepted, that the Community Association would have to purchase one which would ultimately be paid for by the residents of the City. She also stated that she feels that since this is a City building that this should be a City rug. She indicated that this rug is attractive and fits with the decor of the building occupied by the Community Association. Councilmember Pernell directed Mrs. King to the letter from the City Attorney and she stated that she agrees with Councilmember Heinsheimer that the taac issues relative to this case are her personal business. RECESS To allow time for Mrs. King to review the letter from the City Attorney, Mayor Murdock recessed the meeting at 9:55 p.m. RECONVENE Mayor Murdock reconvened the meeting at 10:05 p.m. and discussion continued regarding whether or not the City would have a need for this a rug and how this determination would be made. Mayor Murdock expressed concern regarding this donation in light of the correspondence from the City Attorney and stated that the Council needs to be clear in their own minds as to what the effect would be on the City regarding acceptance of this gift since it appears that there are conditions being placed on the donation. Councilmember Heinsheimer pointed out that the City did not involve themselves in the interior designs, appointments or equipment in the building occupied by the RHCA. In response to Mayor Murdock's question, City Manager Nealis explained various steps that the City Council would need to take to accept this donation if it is offered to the City in an unrestricted fashion. He reported that the City would need to determine where it should be placed for public use and suggested that should it be placed in the building occupied by the Community Association, that amendments should be made to the lease to provide for the continued public use, maintenance and insurance protection for this rug. Councilmember Leeuwenburgh requested that staff investigate the definition of"exclusively public purposes". City Manager Nealis indicated that staff would research this and provide the City Council with a report at the next regularly scheduled meeting. Discussion then ensued regarding the private status of the Community Association and the stipulation of this donation being strictly for public use. Councilmember Swanson questioned whether the Association has e�ressed a need for some kind of floor covering. Councilmember Heinsheimer indicated that during the division of property negotiations held between the City and the Community Association, that this subject did not come up. Minutes City Council Meeting 1-10-94 -9- Councilmember Swanson commented that the City Council appreciates this offer. She indicated that if this rug is only of a size that will fit into the RHCA building and it is the intent of the Kings that this rug be used in that building owned by the City, she would not have a problem with this donation. She stated that she would like to know if there are any indications of a need to purchase a floor covering for the RHCA office. She commented that the t� implications of this donation should remain the donors responsibility. Mayor Murdock stated that the City would be required to sign an acceptance of this donation and declare that it is being accepted for public purposes if the Kings would be seeking a tax deduction from this donation. If they are not seeking a taac deduction and nothing is required by the City to accept this donation for public purposes, then that puts the matter into a different light. Councilmember Heinsheimer indicated that to his knowledge, the RHCA has not come to the City and requested a floor covering for their offices. Councilmember Pernell stated that he was questioned verbally by a member of the RHCA Board of Directors as to why the City does not accept this gift so that the RHCA can put this rug to use in their office. In response to Councilmember Pernell's questions, City Manager Nealis commented that the rug would physically fit into the City Hall lobby and indicated that he would investigate with the City Attorney whether this donation could be converted into cash for use by the City. Councilmember Swanson stated that she would like to hear from the President of the RHCA Board of Directors and as to whether they have been advised of this donation and whether, as our tenants, they wish the City to accept this item. Councilmember I�einsheimer reviewed the points of concern that the City Council has expressed relating to acceptance of this donation and the process by which to accept this donation. It was suggested that this process would have to be tailored to allow for future donations offered to the City. Mayor Murdock added that an outstanding concern still exists in that the second letter submitted by the Kings indicates a specific request that this rug be used for the Community Association. Staff was requested to draft a generic procedure for the acceptance of donations by the City and have it reviewed the City Attorney. Discussion ensued regarding if any other items have been donated by individuals to the City other than property. It was noted that several groups have made donations to the City. Hearing no further discussion and no objection, Mayor Murdock ordered that consideration of an offer to donate a rug to the City of Rolling Hills be continued to the next regularly scheduled meeting of the City Council. Staff was directed to research with the City Attorney the meaning of "exclusively public purposes", determine any possible use for the rug in City Hall up to and including converting this donation into cash for use by the City and contact the RHCA to ascertain if they could use the rug in the RHCA office area. B. RESOLUTTON NO. 724: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ASSIGNING TO T'HE CITY OF LOMITA, CALIFORNIA, ITS AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mayor Pro Tem Leeuwenburgh moved that the City Council adopt Resolution No. 724 assigning to the City of Lomita, California, its available Community Development Block Grant Funds. Councilmember Heinsheimer seconded the motion which carried unanimously. Councilmember Swanson added that correspondence be forwarded to the City of Lomita indicating that the City of Lomita should look favorably upon the City of Rolling Hills in providing any type of in-kind service should the need arise. C. CONSIDERATION OF APPOINTMENTS�TO THE TRAFFIC COMMISSION. City Manager Nealis presented the staff report. 1Vlayor Pro Tem Leeuwenburgh moved that Joan Perkins, Tom Wiener, V'Etta Virtue and Richard Henke be appointed to serve on the Rolling Hills Traffic Commission. Councilmember I-�einsheimer seconded the motion which carried unanimously. Mayor Pro Tem Leeuwenburgh's continued participation on the Traffic Commission was also confirmed. Minutes City Council Meeting 1-10-94 -10- . ,,.�_:.::�_��.�, . D. ORDINANCE NO. 246:''`AN ORDINAIVCE OFYTHE CIT'Y OF ROLLING HILLS REGARDING THE ADVISORY TRAFFIC COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Mayor Pro Tem Leeuwenburgh indicated that this ordinance will extend the term of Traffic Commissioners to two years. Councilmember Pernell suggested that the terms for the Traffic Commissioners be staggered. Mayor Pro=Tem�=L;eeuwenburgh suggested that in order to stagger the term, that the two new Traffic Commissioners be appointed to 1 year terms and the three returning Commissioners be appointed to two year terms and at the conclusion of the initial 1 year terms, two year appointments be made. After discussion and hearing no objection, Mayor Murdock ordered that consideration of Ordinance No. 246 be continued to the next regularly scheduled meeting of the City Council. Staff was directed to amend this Ordinance to allow for 2 year staggered terms. E. CONSIDERATION OF NOTIFICATION TO DIMENSION CABLE TELEVISION THAT THE CITY OF ROLLING HILLS IS AUTHORIZED TO REGULATE LOCAL CABLE TELEVISION BASIC RATES. City Manager Nealis presented the staff report and outlined the pros and cons regarding rate regulation. He reported the Cities of Rancho Palos Verdes and Palos Verdes Estates have decided not to regulate. In answer Councilmember Pernell's question, City Manager Nealis indicated that the City's authority in this matter would be limited since the Cable TV is under the federal benchmark rate guidelines. Discussion ensued regarding the cable service and costs involved. Councilmember Swanson moved that the City notify Dimension Cable Television that the City of Rolling Hills is exercising its authority to regulate local cable television basic rates. Councilmember Pernell seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pro Tem Leeuwenburgh reported on the Mosquito Abatement District's information and education process regarding Africanized honey bees. She also reported that the District will change its name to Vector District and that she was proud to report that the was elected to serve as President of the Board for the District. • Mayor Murdock reported that she had received a note from Hannah Cannom thanking her for recommending her attendance at the Youth Symposium held in December at Cal State Dominguez Hills. MATTERS FROM STAFF � City Manager Nealis reported that the League of California Cities indicates that the draft FY 94-95 State of California Budget mav not have a negative financial impact on local government. • He also reported on correspondence received from the RHCA Architectural Review Committee requesting that the City screen the recycling drop-off area. The City Council authorized the City Manager to determine how this could be accomplished and proceed with the work. • City Manager Nealis gave a brief report on the proposed bell tower at St. John Fisher Church in Rancho Palos Verdes: MATI'ERS FROM THE CITY ATTORNEY None. CLOSED SESSION None. � Minutes City Council Meeting 1-10-94 -11- ADJOURI�TMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting at 10:18 p.m. to the next regularly scheduled meeting on Monday, January 24, 1994, � � ���� Marilyn L. Kern Deputy City Clerk Approved, Jody urd k Mayor Minutes City Council Meeting 1-10-94 -12-