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5/26/1998MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS; CALIFORNIA MAY 26,1998 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Hill at 7:31 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. -ROLIXALL Councilmembers Present: I Murdock, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. Councilmembers Absent: Lay (excused). Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Lola Ungar, Planning Director. 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 - May 11, 1998. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the month of April, 1998. RECOMMENDATION: Approve as presented. d. Correspondence from ' California Water Service Company regarding Advice Letter No. 1454, Department of Health Services, which as been filed with the California Public Utilities Commission. RECOMMENDATION: Receive and file. e. Correspondence from the City of Rolling Hills Estates requesting permission to utilize the City of Rolling Hills' logo in connection with a banner display program in the commercial district of Rolling Hills Estates. RECOMMENDATION: Approve as presented/provide direction. f. Correspondence from Pacific Bell regarding proposed price increases for operator and directory assistance services and centrex optional features. RECOMMENDATION: Receive and file. Councilmember Murdock moved that the City Council approve the recommendations in the Consent Calendar with the exception of item 3-E, as requested by Mayor Pro Tem Tom Heinsheimer. Mayor Pro Tem Heinsheimer seconded the motion which carried unanimously. e. Correspondence from the City of Rolling Hills Estates requesting permission to utilize the City of Rolling Hills' logo in connection with a banner display program in the commercial district of Rolling Hills Estates. Mayor Pro Tem Heinsheimer suggested that City Staff get further information from the City of Rolling Hills Estates relative to this program and report back at a future City Council meeting. Hearing no objection, this was so ordered by Mayor Hill. Minutes City Council Meeting 05/26/98 -1- PLANNING COMMISSION ITEMS RESOLUTION NO. 98-8: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR A VARIANCE TO PERMIT ENCROACHMENTS INTO THE FRONT YARD FOR A BARN, CORRAL, RIDING RING AND HORSE EXERCISE AREA, GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A RIDING RING, AND GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT GRADING FOR A BARN, CORRAL, RIDING RING AND HORSE EXERCISE AREA IN ZONING CASE NO. 574. Mrs. Claudia Bird, 4 Storm Hill Lane (Lot 169 -A -MS) City Manager Nealis presented the staff report describing a proposed barn, corral, riding ring and horse exercise area and required discretionary approvals in Zoning Case No. 574 at 4 Storm Hill Lane. Mayor Pro Tem Heinsheimer indicated that due to the proximity of his property to the proposed project, that he would abstain from any actions regarding this application. Hearing no discussion, Mayor Hill directed that Resolution No. 98-8 be received and filed. RESOLUTION NO. 98-9: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT FOR PROPERTY AT 9 MAVERICK LANE AND 8 MAVERICK LANE IN ZONING CASE NO. 576. Mrs. Sally S. Cornell, 9 Maverick Lane (Lot 27 -SK) Mr. and Mrs. Mark Dessy, 8 Maverick Lane (Lot 26 -A -SK) City Manager Nealis presented the staff report describing the recent action of the Planning Commission to recommend that the Certificate of Compliance for the lot line adjustment involving these properties be approved. City Manager Nealis explained that no new lots are created by this application and that the Certificate of Compliance is requested to move property onto the adjoining lot which would more accurately reflect the actual uses of that portion of land which include a sidewalk and sprinkler system. Hearing no discussion, Mayor Hill directed that Resolution No. 98-8 be received and filed. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS - Continued CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO AMEND SIDE YARD SETBACK REQUIREMENTS IN THE RA -S-1 ZONE AND THE RA -S-2 ZONE AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PROPOSED ORDINANCE WILL MAINTAIN 20 FOOT SIDE- YARD SETBACKS IN THE RA -S-1 ZONE (1 -ACRE ZONE) AND 35 FOOT SIDE YARD SETBACKS IN THE RA -S-2 ZONE (2 -ACRE ZONE). SIDE YARD SETBACKS ARE PROPOSED TO BE DEFINED EXCLUSIVE OF EASEMENT DIMENSIONS. City Manager Nealis delivered a staff report indicating that this ordinance was presented this evening for consideration of second reading and adoption. Mayor Hill noted that there was no one in attendance to testify at the public hearing and therefore ordered that the public hearing be closed. A motion was made by Mayor Pro Tem Heinsheimer which was seconded by Councilmember Pernell, that the City Council waive further reading and adopt Ordinance No. 275. This motion passed by the following roll call vote: Minutes City Council Meeting 05/26/98 -2- AYES: Councilmembers Murdock, I'riell 1Vlayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Lay ABSTAIN: None. OLD BUSINESS CONSIDERATION OF 1998-1999 CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Hill presented the Committee Assignments as recommended. Councilmembers in attendance voiced support for the assignments as presented. Hearing no objection, Mayor Hill ordered that the 1998-1999 City Council Committee Assignments be approved as presented. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF COMMUNITY VOLUNTEER APPRECIATION PROGRAM. City Manager Nealis presented the staff report indicating that the dates of September 13, 1998 and September 20, 1998 were available at the San Pedro Hilton at Cabrillo Marina for a Community Volunteer Appreciation Program. Following a brief discussion, it was suggested by Mayor Pro Tem Heinsheimer that September 20, 1998 be selected. Members of the City Council in attendance supported this date and directed that staff prepare the Volunteer Appreciation Program similar to the event that was conducted in 1996. Staff indicated that they would keep the City Council informed as to the status of the preparation for this event. • Councilmember Pernell reported on his attendance with the City Manager and the City Attorney at the California Contract Cities Association Seminar. He indicated that the City Manager has presented information to the City Council regarding the Brown Act laws and conflict of interest laws that was distributed at the Seminar. • Mayor Hill reported that he attended the Memorial Day services over the weekend at the Green Hills Memorial Cemetery. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION Closed session to Government Code Section 54956.9, Subsection C, to consider authorizing the City to join, at no expense, a League of California Cities sponsored amicus brief in the following cases: 1. Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court Case No. 97-1235. 2. Kobzoff v. Harbor -UCLA Medical Center, Case No. B0199100 City Attorney Jenkins indicated that these items could be considered in open session. City Attorney Jenkins described the Monterey Dunes, Inc. v. City of Monterey, United States Minutes City Council Meeting 05/26/98 -3- Supreme Court Case No. 97-1235 indicating that the 9th Circuit Court has changed the text of this case on how damages are assessed under land use "taking' of properties cases. Essentially, the 9th Circuit Court has described that these types of cases will now be decided in a jury trial rather than by a judge. City Attorney Jenkins described the Kobzoff v. Harbor -UCLA Medical Center, Case No. B0199100 indicating that under this case, when a City is found to be immune from liability exposure, that is must be proven that the law suit was brought against the City with malice, rather than just being a frivolous law suit in order for the city to recover legal defense costs. Under current case law, cities may seek attorneys fees following defending frivolous law suits, however, under the Kobzoff v. Harbor -UCLA Medical Center ruling, the new test of malice must be applied in order for the City to recuperate attorneys costs. Councilmember Pernell asked what would occur if the City joined the amicus brief in these two cases. City Attorney Jenkins indicated that the City would be joining a list of between 200 and 300 cities providing support for the League of California Cities positions on these cases. There would be no cost to the City. A motion was made by Councilmember Pernell which was seconded by Mayor Pro Tem Heinsheimer for the City to join the amicus briefs in the above two cases as recommended by the City Attorney. Hearing no objection, this was so ordered by Mayor Hill. ADJOURNMENT Hearing no further business before the City Council, Mayor Hill adjourned the meeting at 7:51 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, June 8, 1998, in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, CA 90274. Respectfully submitted, Craig R. Nealis City Clerk Approved, 4%�-1 t,-. Frank . Hill Mayor J Minutes City Council Meeting 05/26/98 -4-