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6/23/1997MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA JUNE 23, 1997 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Murdock, Mayor Pro Tem Hill, and Mayor Lay. Councilmembers Absent: Heinsheimer (excused). Pernell (excused). Others Present: Craig R. Nealis, City Manager. Michael Jenkins, City Attorney. Nan Huang,. Senior Accountant. Lola Ungar, Principal Planner. Marilyn L. Kern, Deputy City Clerk. Captain Beth Dickinson, Los Angeles County Sheriff's Department, Lomita Station. Lt. Michael Kwan, Los Angeles County Sheriff's Department, Lomita Station. 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 - Regular Meeting of June 9, 1997. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of May, 1997. d. Correspondence from County Sanitation Districts of Los Angeles County regarding new rates for solid waste disposal. RECOMMENDATION: Receive and file. e. Correspondence from California Water Service Company regarding Advice Letter No. 1436, Palos Verdes District, which is being filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. Councilmember Murdock moved that the City Council approve the recommendations in the Consent Calendar. Mayor Pro Tem Hill seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS RESOLUTION NO. 97-9: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT REQUEST FOR THE CONSTRUCTION OF A DETACHED GARAGE AND APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE DEVELOPMENT OF THE SAME DETACHED GARAGE AND GARAGE AREA THAT REQUIRES GRADING AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 551. Mr. Robert K. Barth, 29 Portuguese Bend Road (Lot 92-1-RH) Minutes City Council Meeting 06/23/97 -1- City Manager Nealis presented the staff report outlining Planning Commission action relative to Zoning Case No. 551. Hearing no objection, Mayor Lay ordered that Resolution No. 97-9 be received and filed. RESOLUTION NO. 97-14: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO RELOCATE AND RECONSTRUCT A STABLE, GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR A GUEST HOUSE, AND GRANTING SITE PLAN REVIEW APPROVAL OF SUBSTANTIAL ADDITIONS TO AN EXISTING RESIDENTIAL STRUCTURE IN ZONING CASE NO. 554. Mr. and Mrs. Richard Neff, 7 Acacia Road (Lot 40-RH) City Manager Nealis presented the staff report outlining Planning Commission action relative to Zoning Case No. 554. Hearing no objection, Mayor Lay ordered that Resolution No. 97-14 be received and filed. RESOLUTION NO. 97-16: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AND GRANTING SITE PLAN REVIEW APPROVAL FOR A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 556. Dr. Maurice Lam, 68 Saddleback Road (Lot 6-RH) City Manager Nealis presented the staff report outlining Planning Commission action relative to Zoning Case No. 556. Hearing no objection, Mayor Lay ordered that Resolution No. 97-16 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued ZONING CASE NO. 545A, CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DENIED REQUESTS FOR SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND DENYING A REQUEST FOR A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD SETBACK FOR A STABLE AND CORRAL BY THE INABILITY OF THE COMMISSION TO MAKE AFFIRMATIVE FINDINGS ON THE APPLICATIONS BY MAJORITY VOTE. MS. KELLY TSOU, 6 RINGBIT ROAD WEST (LOT 8 -A -2 -SF) City Manager Nealis reported that three letters from neighboring property owners, expressing concern for the project, were received after agenda materials had been prepared. He stated that this correspondence has been placed before the Council this evening. The City Manager reported that correspondence has also been received from the applicant's representative requesting a continuance of the public hearing to July 14, 1997. Mayor Lay asked if anyone was in attendance this evening that wished to address the City Council on this matter that could not attend the continued public hearing on July 14, 1997. Hearing no discussion and no objection, Mayor Lay continued the public hearing to Monday, July 14, 1997, at 7:30 p.m. in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills at the applicant's request. Minutes City Council Meeting 06/23/97 -2- 1 1 1 CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING A PROPOSED ORDINANCE NO. 269: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING GARAGES TO BE CONSTRUCTED ABOVE GROUND, PROHIBITING THE CONSTRUCTION OF NEW SUBTERRANEAN GARAGES, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report and proposed Ordinance No. 269 containing the amended language requested by the City Council at their last meeting. Mayor Lay opened the public hearing and called for testimony.' Hearing none and no objection, he closed the public hearing and called for a motion. Councilmember Murdock moved that the City Council waive further reading and reintroduce Ordinance 269 as amended. Mayor Pro Tem Hill seconded the motion which carried unanimously. Mayor Lay continued the public hearing to Monday, July 14, 1997, at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills for consideration of seconded reading and adoption. CITY OF ROLLING HILLS DRAFT BUDGET FOR FISCAL YEAR 1997-98 City Manager Nealis presented the staff report. Mayor Lay opened the continued public hearing and called for testimony. Hearing none, he closed the public hearing and called for a motion. RESOLUTION NO. 816: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE 1997-98 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF ROLLING HILLS. Councilmember Murdock moved that the City Council adopt Resolution No. 816. Mayor Pro Tem Hill seconded the motion which carried by the following roll call vote: AYES: Councilmember Murdock, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmembers Heinsheimer and Pernell. ABSTAIN: None. RESOLUTION NO. 817: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FY 1997-98 CITY OF ROLLING HILLS BUDGET INCLUDING THE ANNUAL REPORT ON: GENERAL FUND, COMMUNITY SELF INSURANCE FUND, REFUSE COLLECTION FUND, SOLID WASTE CHARGES, TRAFFIC SAFETY FUND, TRANSIT FUND -PROP. A, TRANSIT FUND -PROP. C FOR FISCAL YEAR 1997-98. Councilmember Murdock moved that the City Council adopt Resolution No. 817. Mayor Pro Tem Hill seconded the motion which carried by the following roll call vote: AYES: Councilmember Murdock, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmembers Heinsheimer and Pernell. ABSTAIN: None. PUBLIC HEARINGS ZONING CASE NO. 555, SUBDIVISION NO. 82 AND TENTATIVE PARCEL MAP NO. 21400; A REQUEST TO MODIFY A PREVIOUSLY APPROVED 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 PARCELS AS FOLLOWS: PARCEL 1 - 2.78 ACRES GROSS, 2.07 ACRES NET; PARCEL 2 - 2.58 ACRES GROSS, 2.07 ACRES NET; AND PARCEL 3 - 2.47 ACRES GROSS, 2.01 ACRES NET. PLANNING COMMISSION RECOMMENDS APPROVAL. Minutes City Council Meeting 06/23/97 -3- City Manager Nealis presented the staff report providing background regarding the request for a reconfigured cul-de-sac and Planning Commission recommendations relative to Zoning Case No. 555. He reported that correspondence from the applicant's representative has been placed before the Council that was received by the City after agenda materials were prepared. Mayor Lay opened the public hearing and called for testimony. Mr. Dave Breiholz, Breiholz Qazi Engineering, Inc., introduced himself and the Project Manager Mr. Gary Wynn. Mr. Wynn provided background information relating to the proposed project and summarized the letter dated June 23, 1997, that he submitted on behalf of the applicants. Mr. Wynn also explained the improvements and funding for Pine Tree Lane and suggested that a covenant be placed on the final recorded map for the roadway improvements. In response to Mayor Lay, City Attorney Mike Jenkins explained the process required for the recordation of a final map and indicated that the conditions of approval must be satisfied before recordation. He stated that once the final map is recorded, the City has no assurances that unmet conditions will be completed. He offered suggestions as to what the Council may do to ensure roadway improvements are completed. He recommended that the Council may wish to allow the map to record before the improvements are constructed however, a condition must be added that the applicants enter into a subdivision improvement agreement and secure it with a surety bond. Discussion ensued regarding the City Attorney's suggestion for an agreement and bond. Mrs. Judith Hassoldt, 10 Pine Tree Lane, expressed concern for the requirement that they be responsible for the entire costs for the improvements to Pine Tree Lane. She commented on other parties on Pine Tree Lane with Tentative Parcel Map approval and future subdividers that may come forward. She stated that she fells that they should be responsible for costs involved for the roadway improvements as well. Mrs. Hassoldt indicated that they stand ready to move forward with their subdivision at this time and would like to be relieved from the burden of the costs for the improvements to the entire roadway. Further discussion ensued regarding the roadway improvements and assurances to the City that they be completed. City Attorney Jenkins stated that he feels that there is no substitute for a surety bond. Councilmembers discussed Condition No. 21, Paragraphs (C) and (D) in Planning Commission Resolution No. 97-15 relating to the proposed cul-de-sac bulb No. 1 and the cul-de-sac bulb proposed for the Cukingnan property. Councilmember Murdock commented on the issues raised this evening and the absence of two Councilmembers. She suggested that the City Council conduct a field review of this property. Hearing no further discussion and no objection, Mayor Lay continued the public hearing to Monday, June 14, 1997, in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills. Staff was directed to explore options to guarantee the position of the City relating to the roadway improvements and to review the concerns of the applicants regarding the language in Condition No. 21 Paragraph (C) and (D). OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Minutes City Council Meeting 06/23/97 -4- OLD BUSINESS RESOLUTION NO. 821: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF-INSURANCE, , LOSS POOLING AND EXCESS INSURANCE. Mayor Lay introduced Resolution No. 821 and called for a motion. Councilmember Murdock moved that the City Council adopt Resolution No. 821. Mayor Pro Tem Hill seconded the motion which carried unanimously. NEW BUSINESS CONSIDERATION OF RECOMMENDATION FROM THE PERSONNEL SUBCOMMITTEE REGARDING AMENDMENTS TO THE CITY OF ROLLING HILLS PERSONNEL POLICY AND EMPLOYEE HANDBOOK. RESOLUTION NO. 818: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS IMPLEMENTING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES UNDER INTERNAL REVENUE CODE (IRS) SECTION 414(h)(2). City Manager Nealis presented the staff report. Hear no discussion, Mayor Lay called for a motion. Mayor Pro Tem Hill moved that the City Council approve the recommendations of the Personnel Subcommittee and adopt Resolution No. 818. Councilmember Murdock seconded the motion which carried unanimously. RESOLUTION NO. 819: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING THE FISCAL YEAR 1997-98 MERIT PAY PLAN. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Lay called for a motion. Mayor Pro Tem Hill moved that the City Council adopt Resolution No. 819. Councilmember Murdock seconded the motion which carried unanimously. RESOLUTION NO. 820: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF-INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT". City Manager Nealis presented the staff report. In response to Mayor Lay, City Attorney Jenkins explained the California Contract Cities Association's administration of the risk management funds. He recommended that the City Council adopt the Resolution with the understanding, and on the condition, that any material change to the proposed Indemnity Agreement must return to the .City Council for approval. Hearing no further discussion, Mayor Lay called for a motion. Councilmember Murdock moved that the City Council adopt Resolution No. 820. Mayor Pro Tem Hill seconded the motion which carried unanimously. Minutes City Council Meeting 06/23/97 -5- CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL FOR ANIMAL CONTROL SERVICES EFFECTIVE JULY 1, 1997. City Manager Nealis presented the staff report. He indicated that a revised page 6 relating to termination of the agreement has been placed before the City Council for their review. Councilmembers discussed the proposed agreement and services offered by the County. In response to concerns raised, City Manager Nealis stated that license fees will not be increased. He also stated that if the Council is inclined to approve this agreement, that the County and staff are committed to making the transition as smooth as possible. Hearing no further discussion, Mayor Lay called for a motion. Mayor Pro Tem Hill moved that the City Council approve the agreement between the City of Rolling Hills and the Los Angeles County Department of Animal Care and Control for animal control services as amended. Mayor Murdock seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY CONSIDERATION OF SEVENTH AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT. City Attorney Mike Jenkins presented the staff report. Mayor Pro Tem Hill moved that the City Council approve the seventh amendment to the City Manager's Employment Agreement. Councilmember Murdock seconded the motion which carried unanimously. ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 9:00 p.m., to the next regular meeting to be held on Monday, July 14, 1997, in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills. Respectfully submitted, Marilyn L. Dern Deputy City Clerk Approved, Frank E. Hill Mayor Pro Tem Minutes City Council Meeting 06/23/97 -6-