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.
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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:
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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
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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
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