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6/27/1994MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 27, 1994 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. on Monday, June 27, 1994, in the City Council Chambers at City Hall, 2 Portuguese . Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Lay, Murdock, Mayor Pro Tem Pernell and Mayor Heinsheimer. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Kevin Ennis, Assistant City Attorney. Larry Courtright, City Treasurer. Richard Henke, Traffic Commissioner. Lola Ungar, Principal Planner. Nan Huang, Senior Accountant. Marilyn Kern, Deputy City Clerk. Lt. Ray Gonzales, Los Angeles County Sheriffs Department, Lomita Station. Mayor Heinsheimer welcomed all in attendance. 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 - Adjourned Regular Meeting of June 13, 1994. RECOMMENDATION: Approve as presented. b. Minutes - Regular Meeting of June 13, 1994. RECOMMENDATION: Approve as presented. C. Payment of Bills. RECOMMENDATION: Approve as presented. d. Financial Statement - Month of May, 1994. RECOMMENDATION: Approve as presented. e. General Purpose Financial Statements for FY 1992-93 ending June 30, 1993. RECOMMENDATION: Approve as presented. f. Correspondence from Dimension Cable Services providing 30 -day notice of pricing and channel line-up changes. RECOMMENDATION: Receive and file. g. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. Mayor Pro Tem Pernell moved approval of the recommendations contained in the Consent Calendar. Councilmember Hill seconded the motion which carried unanimously. Minutes City Council Meeting 06-27-94 -1- PLANNING COMMISSION ITEMS A. ZONING CASE NO. 509 DR. AND MRS. MANSOOR MIRSAIDI, 1 MAVERICK LANE (LOT 31 -SK) RESOLUTION NO. 94-13: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT AN ADDITIONAL ATTACHED SINGLE CAR GARAGE SPACE, GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO CONSTRUCT THE SAME ATTACHED SINGLE CAR GARAGE SPACE, GRANTING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND GRANTING PERMISSION TO WIDEN THE EXISTING DRIVEWAY IN ZONING CASE NO. 509. City Manager Nealis presented the staff report outlining Planning Commission action regarding Zoning Case No. 509. Councilmember Lay reported that he will abstain on this matter since he reviewed it as a Planning Commissioner. Hearing no discussion and hearing no objection, Mayor Heinsheimer ordered that Planning Commission Resolution No. 94-13 in Zoning Case No. 509 be received and filed (Councilmember Lay abstained). B. ZONING CASE NO. 514 DEL AMO SAVINGS BANK, SAGEBRUSH LANE (LOT 100-3-RH) RESOLUTION NO. 94-14: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT SOIL EXPLORATION AND INVESTIGATION TO DETERMINE UNDERLYING STRATA AND TO REPAIR PREVIOUSLY ABORTED GRADING IN ZONING CASE NO. 514. City Manager Nealis presented the staff report outlining Planning Commission action regarding Zoning Case No. 514. The City Council discussed the requirement that a certified geologist be on site at all times during the investigation as well as the trenching needed to accomplish the testing. Mayor Pro Tem Pernell suggested that a geologist be hired by the City to oversee the geologic investigations done on this property by the applicant's certified geologist and to review any reports completed as a result of this investigation to assure the City would have more of a direct line and control over the reports generated as a result of this investigation. Discussion ensued regarding the costs that would be incurred if the City were to hire a geologist to oversee the investigation proposed by the applicant. Mayor Pro Tem Pernell indicated that it was his intent that the applicant should pay this cost. • Mr. Doug McHattie, South Bay Engineering, speaking on behalf of the applicant, reported that the applicant is anxious to begin this investigation and that he feels that the applicant would have no objection to bearing the costs for the City's consulting geologist. In answer to Councilmember Lay, Mr. McHattie reported that if the underlying strata on this property is not sufficiently strong enough to allow a building site, the applicant will abandon the project and restore the site as per the County of Los Angeles and the City of Rolling Hills Planning Commission requirements. Hearing no objection, Mayor Heinsheimer ordered that Planning Commission Resolution No. 94-14 in Zoning Case No. 514 be received and filed. Staff was directed to retain a consultant on behalf of the City to oversee the geologic investigations done on this property by the applicant's certified geologist and to review any reports completed as a result of this investigation. TRAFFIC COMMISSION ITEMS None. Minutes City Council Meeting 06-27-94 -2- PUBLIC HEARINGS - Continued A. ZONING CASE NO. 512. SUBDIVISION NO. 82. TENTATIVE PARCEL MAP NO. 21400: A REQUEST FOR A THREE (3) LOT SUBDIVISION OF LAND AT LOT 85- RH, AND CURRENTLY, 10 PINE TREE LANE, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY MR. AND MRS. WILLIAM HASSOLDT. LOT 85-RH CONSISTS OF 7.826 ACRES GROSS TO BE DIVIDED INTO THREE LOTS AS FOLLOWS: LOT 1 - 2.95 ACRES GROSS, 2.40 ACRES NET; LOT 2 - 2.46 ACRES GROSS, 2.02 ACRES NET; AND, LOT 3 - 2.43 ACRES GROSS, 2.04 ACRES NET. City Manager Nealis presented the staff report outlining the concerns raised by the City Council at their field trip on June 13, 1994 relative to the disturbance on Lot No. 3 for creation of the minimum building pad size. City Manager Nealis also presented revised plans submitted by the applicant which indicate a level of disturbance on Lot No. 3 at 37%. Councilmember Lay reported that on the advise of the City Attorney, he must abstain from discussions relative to Zoning Case No. 512 since he reviewed it as a Planning Commissioner. The City Council discussed the revised plans and the new driveway designed to reduce the grading required on Lot No. 3. Councilmember Murdock expressed concern that modifications of the Subdivision Ordinance would be required relative to the conditions that the sidelines of Parcels 2 and 3 be at right angles to Pine Tree Lane and that all lots be a minimum width of not less than 150 feet at any point measured at right angles between the sidelines and indicted that she feels that this proposal would be more preferable to her if it were a request for a 2 -lot Subdivision. In response to Councilmember Murdock concerns, City Attorney Ennis reported that to his knowledge, he was not aware of any similar modifications being granted and that it is possible that this modification could set a precedent for future Subdivisions. Mayor Heinsheimer opened the public hearing and called for testimony. • Mr. Doug McHattie, South Bay Engineering, addressed the Council regarding the requirement that sidelines be radial to the street. In response to Mayor Pro Tem Pernell, Mr. McHattie explained that he would request a letter from County Regional Planning addressing the problem of the sidelines. Discussion ensued regarding the proposed Subdivision and adjustments that would need to be made to eliminate the need for the City Council to modify the Subdivision Ordinance if it were to approve this request. In response to Mayor Heinsheimer, Assistant City Attorney Ennis stated that it would be appropriate to have information in the record, either from the County or staff, to find that this Subdivision is in compliance with the provisions of the Subdivision Ordinance. He further stated that this would negate the need to make findings to approve modifications to those standards. He further stated that if the Council desires, the applicant could be directed to return with alternatives showing different methods to accomplish this. Mr. McHattie, speaking on behalf of the applicant, reported that he feels that they would not object to a continuance of the public hearing in order to design alternatives which would alleviate the necessity to request for the Subdivision modifications. • Mr. William Hassoldt, Applicant, provided a brief history on this Subdivision request to the City Council and indicated that he would not object to a continuance of the public hearing. He further addressed the Council regarding the amendments that were made to the original plans and stated that he is willing to work with the Council to alleviate their concerns. He expressed his disappointment that Councilmember Lay must abstain from this case since he obtained quite a lot of background on this case while reviewing it with the Planning Commission that could be passed along to the City Council. The Council discussed Councilmember Lay's abstention in this matter and Assistant City Attorney Ennis stated that he feels that since this is not an abstention because of a conflict of interest that Councilmember Lay could provide input as a resident. Assistant City Attorney Ennis reported that he would investigate this and report back to the City Council at the next meeting. Minutes City Council Meeting 06-27-94 -3- The City Council discussed the proposed improvements to Pine Tree Lane in conjunction with this request. Mr. Doug McHattie explained that it was designed as a requirement of Regional Planning and the Los Angeles County Fire Department. • Mrs. Judith Hassoldt, Applicant, spoke to the City Council regarding concerns that were raised by the City Council at the field trip. She explained that it is their desire to create lots which would accommodate smaller sized country homes with longer driveways to maintain the ambiance of Pine Tree Lane. Mrs. Hassoldt expressed concern that Councilmember Lay must abstain in this matter. She requested that the City contact her legal counsel to explain this abstention. Hearing no objection, Mayor Heinsheimer continued the public hearing to the next regularly scheduled meeting of the City Council to be held on Monday, July 11, 1994, at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, to allow time for the applicants to make revisions to their plans to eliminate the concerns raised by City Councilmembers regardingmodifications that would have to be made pursuant to the Subdivision Ordinance if this Subdivision is approved. Concerns were relative to the requirement that the sidelines of Parcels 2 and 3 be at right angles to Pine Tee Lane and the requirement that all lots be a minimum width of not less than 150 feet at any point measured at right angles between the sidelines (Councilmember Lay abstained). OPEN AGENDA APPROXIMATELY 8:00 P.M. PUBLIC COMMENT WELCOME Mayor Heinsheimer announced that students from Peninsula High School were in attendance to observe the City Council Meeting. Student Paul Apodaca, Palos Verdes Estates, reported to the Council that he and his classmates present this evening were given an assignment to prepare a report for their Government Class. PUBLIC HEARINGS - Continued B. CITY OF ROLLING HILLS DRAFT BUDGET FOR FY 1994-95. City Manager Nealis presented a memorandum prepared for the Council regarding items that came to his attention since the last public hearing. He reported that these items include the purchase of Finance Department computer equipment, consulting fees for Planning Department computer input, as well as improvements to the drainage system of the tennis court area. Mayor Heinsheimer opened the public hearing and called for testimony. Hearing none, Mayor Heinsheimer closed the public hearing and called for a motion. (1) RESOLUTION NO. 743: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 1994-95 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. Councilmember Pernell moved that the City Council adopt Resolution No. 743 establishing the 1994-95 Fiscal Year Appropriation Limit for the City of Rolling Hills. Councilmember Lay seconded the motion which carried unanimously. (2) RESOLUTION NO. 745: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 1994-95 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY FACILITIES FUND, MUNICIPAL SELF INSURANCE FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP A, TRANSIT FUND -PROP C FOR FISCAL YEAR 1994-95. Councilmember Pernell moved that the City Council adopt Resolution No. 745 adopting the FY 1994-95 City of Rolling Hills Budget including the Annual Report on: General Fund, Community Facilities Fund, Municipal Self Insurance Fund, Refuse Collection Fund, Solid Waste Charges, Traffic Safety Fund, Transit Fund -Prop A, Transit Fund -Prop C for Fiscal Year 1994-95. Councilmember Lay seconded the motion which carried unanimously. Minutes City Council Meeting 06-27-94 -4- Mayor Pro Tem Pernell thanked City Treasurer Larry Courtright, Budget Subcommittee Members Mayor Thomas Heinsheimer and Councilmember Jody Murdock and all staff for the work that went into the preparation of this Fiscal ,Year's Budget. He also thanked those involved in preparation of the budget for the fine job done in monitoring it all year long. PUBLIC HEARINGS A. ZONING CASE NO. 505 MR. JOHN Z. BLAZEVICH, 1 BUGGY WHIP DRIVE (LOT 176 -A -MS AND A PORTION OF LOT 176 -MS) AN APPEAL OF A PLANNING COMMISSION DENIAL OF A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND RELOCATION OF AN EXISTING TENNIS COURT AND DENIAL OF A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY RESIDENCE. City Manager Nealis presented the staff report outlining the Planning Commission's action and basis for denial of this project as well as revised plans submitted to the City Council by the applicant in conjunction with the request for an appeal of the Planning Commission's denial of this project. Mayor Heinsheimer indicated that 1 Buggy Whip Drive is in close proximity to his residence, however, the improvements to this property do not have an economic effect in excess of $10,000 on his property. Councilmember Lay reported that on advise of the City Attorney, he must abstain on this matter since he reviewed it as a Planning Commissioner. Mayor Heinsheimer noted that this project has changed considerably since it was reviewed by the Planning Commission and suggested that it be remanded back to the Planning Commission for review of the proposed modifications to this application. Mayor Heinsheimer opened the public hearing and called for testimony. • Mr. Doug McHattie, South Bay Engineering, reported that the applicant would not object to this case being remanded back to the Planning Commission for review. In response to Traffic Commissioner Henke, City Manager Nealis indicated that the proposed driveway access would be discussed by the Traffic Commission at their July 15, 1994 meeting and in response to Councilmember Murdock, he indicated that the driveway access which was constructed without permit has been fenced off and that the existing driveway has been capped over with soil to provide access to the existing residence. Mayor Heinsheimer closed the public hearing and hearing no objection, ordered that Zoning Case No. 505 be remanded back to the Planning Commission for review of revisions to the plans presented by the applicant (Councilmember Lay abstained). OLD BUSINESS A. ORDINANCE NO. 248: AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, MOVING THE DATE OF ITS GENERAL MUNICIPAL ELECTION FROM THE SECOND TUESDAY IN APRIL OF EVEN - NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY OF MARCH OF ODD -NUMBERED YEARS PURSUANT TO ELECTION CODE SECTION 2601(b). City Manager Nealis reported that an article was repeated in the Citywide Newsletter regarding the City Council's consideration of Ordinance No. 248 and that there were no comments or inquiries from residents regarding the adoption of this Ordinance. Mayor Pro Tem Pernell moved that the City Council waive reading in full and adopt Ordinance No. 243 moving the date of its General Municipal Election from the second Tuesday in April of even -numbered years to the first Tuesday after the first Monday of March of odd -numbered years pursuant to Election Code Section 2601(b). Councilmember Hill seconded the motion which carried unanimously. Minutes City Council Meeting 06-27-94 -5- B. CONSIDERATION OF A REPORT REGARDING PROCUREMENT OF AN EMERGENCY GENERATOR SYSTEM. City Manager presented the staff report. In response to Mayor Pro Tem Pernell, City Manger Nealis reported that staff has ascertained that some equipment of this type which was loaned out after the January, 1994 earthquake has been returned to the government surplus property office and is available. He reported that staff will make sure of what equipment is available and discuss it with the electrician before planning a trip to the surplus office to view the equipment. Hearing no objection, Mayor Heinsheimer directed staff to retain the services of Mr. Parker of Sun Electric to act as a consultant to the City for the procurement of an emergency generator system. City Manager Nealis reported that he would report to the City Council prior to the procurement of this equipment. NEW BUSINESS A. RESOLUTION NO. 746: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 1994-95 MERIT PAY PLAN. Mayor Heinsheimer called for a motion relative to Resolution No. 746. Councilmember Murdock moved that the City Council adopt Resolution No. 746 establishing the Fiscal Year 1994-95 Merit Pay Plan. Councilmember Lay seconded the motion which carried unanimously. B. CONSIDERATION OF APPOINTMENT OF CHAIR OF THE ROLLING HILLS WILDLIFE PRESERVATION COMMITTEE. Councilmember Murdock requested that staff poll the members of the Wildlife Preservation Committee to determine each members interest in serving as Chair of the Committee. Hearing no objection, Mayor Heinsheimer ordered that this item be held on the agenda. C. CONSIDERATION OF REQUEST BY DAN WHITCRAFT, M.D. TO REMAIN A MEMBER OF THE WILDLIFE PRESERVATION COMMITTEE. City Manager Nealis presented the staff report. Councilmembers discussed the requirements for membership in the City's Committees. Hearing no objection, Mayor Heinsheimer requested that staff research the residency requirements for Committee Members and report on the City Council's options in this matter. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Councilmember Lay discussed the City Council's practice of remanding appealed Zoning Cases back to the Planning Commission when revisions are presented at the City Council level and requested that this item be placed on an upcoming City Council Agenda for consideration. It was suggested that Mayor Pro Tem Pernell and Councilmember Lay arrange a joint meeting with the City Council, Planning Commission and Traffic Commission and report back to the Council. MATTERS FROM STAFF A. STATUS REPORT REGARDING SENATE BILL NO. 1839. City Manager Nealis reported that SB 1839 has been assigned to the Assembly Local Government Committee for consideration on June 29, 1994 and that he will continue to keep the City Council informed on the status of this bill. B. STATUS REPORT REGARDING ASSEMBLY BILL NO. 1680. City Manager Nealis reported that AB 1680 remains pending in the Senate Local Government Committee with no date set for consideration. He stated that he will continue to keep the City Council informed on the status of this bill. Minutes City Council Meeting 06-27-94 -6- 1 1 C. STATUS REPORT REGARDING ASSEMBLY BILL NO. 2414. City Manager Nealis reported that AB 24Mscheduled for consideration in the Senate Judiciary Committee on Tuesday, July 5, 1994. He stated that he will continue to keep the City Council informed on the status of this bill. • City Manager Nealis reported that a motion was made by Senator Alquist of the Budget Conference Committee to rescind the proposed transfer of $100 million in Vehicle License Fees from cities to counties. He reported that correspondence has been prepared for Mayor Heinsheimer's signature thanking Senator Alquist for his support in retaining this important source of revenue for cities. • City Treasurer Larry Courtright addressed the Council regarding gun control laws. MATTERS FROM THE CITY ATTORNEY None. ADJOURNMENT Hearing no further business before the City Council, Mayor Heinsheimer adjourned the meeting at 8:57 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, June 11, 1994 at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Approved, Thomas F Minutes City Council Meeting 06-27-94 -7- Respectfully submitted, Marifyn L. KerYi, Deputy City Clerk