12/12/1988MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
December 12, 1988
A regular meeting of the City Council of the City of Rolling
Hills, was called to order by Mayor Murdock at 7:37 p.m. in the
Council Chamber at the Administration Building/City Hall, 2 Portuguese
Bend Road, Rolling Hills, California, on Monday, December 12, 1988.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilman Heinsheimer, Councilwoman
Leeuwenburgh, Councilman Pernell, Councilwoman
Swanson, Mayor Murdock
None
Terrence L. Belanger
Kevin Ennis
Larry Courtright
Betty Volkert
Capt. Dennis Gillard
Ann Johnson
Anne La Jeunesse
John Harrelson
Hendrik Baars
Bob Barth
Trina Kaufman
Beth King
William King
Kenneth Staub
City Manager
Asst. City Attorney
City Treasurer
Deputy City Clerk
Lomita Sheriff's Stn.
Los Angeles Times
Palos Verdes News
Harrelson -Lusk & Assoc.
Resident
Resident
Resident
Resident
Resident
Resident
Councilman Pernell asked that the Resolution of Intent to renew
the Law Enforcement Service Agreement be removed from the Consent
Calendar and be considered as a separate action.
Councilman Pernell moved that the remaining items on the Consent
Calendar be approved and accepted as presented. Councilwoman
Leeuwenburgh seconded the motion, and it carried unanimously.
APPROVAL OF MINUTES
The minutes of an adjourned meeting of the City Council, held on
November 28, 1988, and an adjourned meeting held on December 6, 1988,
were approved and accepted as written.
PAYMENT OF BILLS
Demands Nos. 3312 through 3344 were voided. Demands Nos. 3345
through 3378, in the amount of $54,921.36, were approved for payment
from the General Fund.
LIABILITY ADMINISTRATION CONTRACT WITH CARL WARREN & CO.
The agreement for liability administration services, for the
period of December 1, 1988, through November 30, 1989, between the
City of Rolling Hills and Carl Warren and Company, was approved as
presented.
2471
RENEWAL OF LAW ENFORCEMENT SERVICE AGREEMENT
The City Manager explained. that, with this item, there is a
resolution. The purpose of the resolution is to indicate to the Los
Angeles County Sheriff's Department the City's intent to renew the Law
Enforcement Services Agreement for five years, upon the expiration of
the current agreement, which will occur on June 30, 1989.
After Councilman Pernell verified that this resolution is not the
extension itself but simply a statement of intention to renew the
agreement, Councilwoman Swanson moved that the resolution entitled, "A
RESOLUTION NOTIFYING THE BOARD OF SUPERVISORS OF THE CITY COUNCIL'S
INTENTION TO RETAIN LOS ANGELES COUNTY SHERIFF SERVICES", be approved
as presented. Councilman Pernell seconded the motion, and it carried
unanimously.
OLD BUSINESS
There were no items to be considered under Old Business,
co NEW BUSINESS
rl PLANNING COMMISSION ACTION- NOVEMBER 15, 1988
LO
D ZONING CASE NO. 372, CHACKSFIELD MERIT HOMES, 8 MORGAN LANE
m
Q The City Manager reported that this is a request for a variance to
permit the construction of a retaining wall which would encroach into
the side yard approximately seven (7) feet and would encroach into the
front yard approximately twenty-five (25) feet. The purpose for the
variance is to allow for the provision of an on-site parking area in
conjunction with the garage for the proposed residence. The main
budding structure and garage are both in conformance with the minimum
side yard setback requirements. In addition, the primary purpose for
the granting of this variance was to assure that the grading necessary
to create the building pad be kept to a minimum, as well as,
disturbance to the natural contours of the existing slope and the
destruction of native vegetation. The Planning Commission approved
the granting of this variance by a vote of 4-0; Commissioner Frost was
absent.
There being no objections, the report of approval was received for
the file.
PUBLIC HEARING
ZONING CASE NO. 369, MR. & MRS. WILLIAM KING, 9 WIDELOOP ROAD
The City Manager reported that this matter is before the City
Council as an appeal by the applicants of the Planning Commission's
denial. The Council conducted a public hearing at their last meeting,
on November 28, 1988, and continued the public hearing to December 12,
1988. In the interim, the City Council conducted an on-site
investigation and evaluation on December 6, 1988, at which the
applicants and the Members of the City Council were present. ,
Following further review and evaluation of the lot coverage data
that had been submitted, staff determined that the lot coverage
information contained on the original development plan was
inaccurate. After working with -the civil engineer on the project and
recomputing the lot coverage information, the following was found:
Existing Residential Building 3,840 sq. ft.
Existing Garage 540 sq. ft.
Swimming Pool 486 sq. ft.
Stable 525 sq. ft.
Tennis Court/Viewing Area 6,512 sq. ft.
Service Yard 408 sq. ft,
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This results in a lot coverage of approximately 23.2 percent,
which' is existing and is non -conforming due to the fact that at the
time that this property was developed the lot coverage maximum for
structures was 25 percent. However, given the current zoning
ordinance, the existing lot coverage is in nonconformance. The !
applicants, Mr. & Mrs. William King, applied to the Planning
Commission for a variance of the lot coverage regulation to permit the
construction of residential additions at 9 Wideloop Road. The
proposed plan would result in a lot coverage of approximately 23.9
percent, an increase of 0.7 percent over that which currently exists.
After conducting two public hearings and an on-site investigation, the
Planning Commission denied the request by a vote of 4-1, Commissioner
Frost casting the dissenting vote. Subsequently, the applicants filed
an appeal of the Planning Commission's decision, which is before the
City Council this evening.
Mayor Murdock opened the public hearing and invited comments from
the audience.
Mr. William King addressed the Council. He commented that since
the lot coverage data that they had been dealing with was erroneous
and based on the recomputed lot coverage figures, they would be in a
position to amend their proposed plan by reducing the stable to 312
square feet and still effect the improvements to the living area that
they wish to make without increasing the existing lot coverage and
maintaining the structural lot coverage at 23.2 percent. The
resulting total lot coverage would be 33.5 percent, and in conformance
with the City's zoning ordinance.
Additionally, the City Manager noted that a further adjustment
would need to be effected, i.e., the square footage of the proposed
residence, with the proposed improvements, would need to be reduced
from 4,485 (as shown on a previous plan) to 4,285 so as not to
increase the existing structural lot coverage. Hence, the applicants
chose to amend their proposal as outlined, thereby, eliminating the
need for a variance since the structural lot coverage would be
maintained at its existing percentage. Thus, a variance was no longer
necessary and the applicants withdrew their request.
Councilwoman Leeuwenburgh asked if the filing fee for the appeal,
or any part thereof, would be refundable, in light of the fact that
the applicants were withdrawing their request and appeal. The City
Manager indicated that the policy has been that fees are
nonrefundable. Councilman Heinsheimer suggested that this matter be
researched and handled by staff and, thereafter, the outcome reported
to the Council.
Councilman Pernell complimented staff on recognizing the
discrepancies in the lot coverage calculations and, thereafter,
working with the applicants to reach an amicable solution.
OPEN AGENDA
Mayor Murdock invited comments from the audience on any topic not
listed on the agenda. The Mayor noted that, as an item under Open
Agenda, there would be no action on the part of the City Council, and
that any comments would be for informational purposes only.
Mr. Kenneth Staub, 22 Cinchring Road, distributed copies of a
letter to Members of the City Council, as well as copies of a
declaration made by him to the Superior Court of the State of
California, to bring the Council's attention to a problem that he is
having with continual disturbance from barking dogs that belong to his
neighbor, Mr. George Johnson at 20 Cinchring Road. Mr. Staub
explained that, although, he has filed a Dog Nuisance Complaint with
the City, no relief has been forthcoming and he eventually filed a
Civil Harassment Suit with .the Superior Court. At that time, the
Judge ordered that the dogs be removed from the City for thirty days
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249
until there could be a hearing. However, at the hearing the case was
dismissed by the judge as being in the wrong court. The judge
indicated that this matter should be heard as an harassment scenario
as opposed to a nuisance scenario. Subsequently, Mr. Staub reported
the outcome to the City Manager, who, thereafter, turned the matter
over to the District Attorney. A hearing was scheduled between the
District Attorney and Mr. Johnson, however, at Mr. Johnson's request,
it has been postponed until the end of January. Mr. Staub feels that
this problem has been going on long enough and would like some help
from the City in expediting a solution.
Councilman Heinsheimer asked the City Attorney to outline the
various options available. Mr. Kevin Ennis, Assistant City Attorney,
outlined three options: (1) to file a private civil action against
the offending party (which Mr. Staub has proceeded to do); (2) for the
City to initiate an action for an injunction to have the dogs removed;
and, (3) to turn the matter over to the District Attorney's.Office for
criminal prosecution for violation of a -City ordinance. Often, the
criminal remedy is more effective, in that it is usually speedier.
e--� Councilman Heinsheimer commented that it appears that what can be
done is being done. Councilwoman Swanson felt that this matter should
be discussed in closed session since the resident, Mr. Staub, is
already in litigation regarding this matter. Mr. Ennis indicated that
(._X there is an exemption to the Open Meeting Law for matters that are
involved in pending litigation and possible litigation, which would
include this matter.
Mr. Staub reiterated his desire that the City effect a solution,
forthwith, as this has become an intolerable situation for him and his
family.
Councilman Heinsheimer empathized with Mr. Staub's frustration,
and agreed that eight months is quite a long period of time to endure
this type of situation.
There were no further matters brought before the Council under
Open Agenda.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
SOUTH COAST AIR OUALITY MANAGEMENT DISTRICT
Councilman Heinsheimer noted that he would review the proposed
modifications to the Draft 1988 Air Quality Management Plan and report
back to the Council, although, he believes that it will be routinely
adopted by the AQMD on February 16, 1989.
LEAGUE OF CALIFORNIA CITIES. CITY SELECTION COMMITTEE MEETING
Councilwoman Leeuwenburgh announced that she had attended the City
Selection Committee meeting, and reported the results of the election
for the LACTC Board.
SANITARY SEWER ADVISORY COMMITTEE APPOINTMENTS
Councilwoman Swanson reported that she, the Mayor, and the City
Manager met with and interviewed the applicants who were interested in
serving on the Committee. The Council sub -committee recommends that
the following be appointed to the Sanitary Sewer Advisory Committee;
! Debra Fournier, Wendy Gilbertson, Frank Hill, William Hines, Richard
Hoffman, Joseph Nebolon, and William King. Further, the sub -committee
recommends that Dr. Joseph Nebolon be appointed Chairman and that Mrs.
Debra Fournier be appointed Vice -Chairman. On behalf of the
sub -committee, Councilwoman Swanson so moved. Councilwoman
Leeuwenburgh seconded the motion, and it carried unanimously.
Mayor Murdock remarked that the sub -committee was very impressed
with the sincerity and objectivity of the applicants, and their
willingness to listen to all sides of the question.
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MATTERS FROM STAFF
CITY HALL OFFICE RENOVATION
The City Manager indicated that a reduced copy of the proposed
renovation plan had been provided in the Council's packets for their
review and comment. The estimated cost for the proposed plan is
$14,500.00.
Councilman Pernell asked about the necessity for the office
renovation. Councilwoman Swanson commented that it was perceived to i.
be necessary because with the current configuration of the lobby and
counter, all the attention is drawn to that area, and that by
remodeling this area, perhaps productivity could be heightened. It
was also felt that, eventually, there would be one individual at the
counter to act as a. receptionist and who would channel the public's
requests to the appropriate agency.
Councilwoman Swanson also suggested that the Architectural -
Committee review the proposed plan and make any comments that they .
feel beneficial.
PHONE SYSTEM
The City Manager reported that the current phone system is
approximately 20 years old and that the City continues to pay a
monthly lease fee of approximately $130.00. The current system is
reaching the end of its useful life, and staff requested that General
Telephone's marketing division (GTEL) submit a proposal to replace the
current system. The proposed price for the purchase of a phone system
is $8.00 per month less than the City currently pays to lease the
phone system. More detailed information will be forthcoming.
ANNUAL HOLIDAY OPEN HOUSE
The City Manager reminded the Council that the City's Annual
Holiday Open House would be held on December 19, 1988, from 5:00 p.m.
to 8:00 p.m.
RECESS TO CLOSED SESSION
Mayor Murdock recessed the meeting at 8:17 p.m. to closed session
for the purpose of discussing pending litigation and personnel
matters, specifically, the matter of a contract for City management
services.
MEETING RECONVENED
The meeting was reconvened at 9:05 p.m.
ADJOURNMENT
Mayor Murdock adjourned the meeting at 9:06 p.m. to Monday,
December 19, 1988, at 5:00 p.m., in the Council Chamber at City Hall.
APPROVED:
Mayor
4)*"City Clerk
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