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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, - 2 - 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 - 3 - 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. - 4 - 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 - 5 -