11/26/19901
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
November 26, 1990
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Heinsheimer at 7:32 p.m. on
Monday, November 26, 1990 in the City Council Chambers at the City
Hall/Administration Building, 2 Portuguese Bend Road, Rolling
Hills, California.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Murdock, Swanson,
Mayor Heinsheimer
Mayor Pro Tem Pernell (excused)
Craig Nealis
L. D. Courtwright
Anne Palatino
Kevin Ennis
Effie Cogan
Diane Sawyer
Lucile Rogers
Peggy Minor
Sidney Croft
Wardie Clarke
Jay Corbett
Roger Vink
Ann Johnson
Roy Campbell
City Manager
City Treasurer
Acting Principal Planner
Assistant City Attorney
Legal Counsel
Deputy City Clerk
Minutes Secretary
RHCA Manager
RHCA Attorney
L.A. County Department of
Public Works
L.A. County Fire Department
Arch. Insp. Maint. Supv.
(RHCA)
Los Angeles Times
Resident
Councilwoman Murdock moved approval of all items on the
Consent Calendar as listed below. The motion was seconded by
Councilwoman Leeuwenburgh and carried unanimously.
a. Minutes of the regular City Council meeting of November 12,
1990.
b. Payment of Bills - Demands Number 5014 through 5038 dated
November 26, 1990 were approved for payment from the General Fund.
C. Financial statement for the month of October, 1990.
d. Dimension Cable Television Franchise Timelines.
NEW BUSINESS
A. RESOLUTION NO. 626: A RESOLUTION OF THE CITY OF ROLLING
HILLS, CALIFORNIA ASSIGNING TO THE CITY OF ROLLING HILLS
ESTATES, CALIFORNIA, ITS AVAILABLE LOCAL FEDERAL -AID URBAN
(FAU) FUNDS.
City Manager Nealis reported that the City of Rolling Hills
Estates has requested that the City of Rolling Hills allocate its
portion of the FAU funds to them to help pay for the improvements
to Palos Verdes Drive North, which are expected to be started in
January or February. The City Manager recommended the adoption of
this resolution.
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Rolling Hills City Council Meeting - 11/26/90
Councilwoman Leeuwenburgh moved approval of the resolution but
suggested mentioning in the cover letter that the City of Rolling
Hills has concerns about the islands which have been approved for
this portion of Palos Verdes Drive North and would like to work
with them on the design. Councilwoman Murdock expressed concerns
regarding the ability of emergency vehicles to cross the median in
the street.
Councilwoman Murdock seconded the motion and it carried
unanimously.
PUBLIC HEARINGS
A. Continued Public Hearing for introduction and first reading
of the following Ordinance:
ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS
REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR
MIRED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE.
City Manager Nealis reported this ordinance would require that
a conditional use permit be obtained for construction of any
detached garage or mixed use structure. Acting Principal Planner
Anne Palatino stated the ordinance, which has been continued from
the November 12, 1990 meeting, would allow the Planning Commission
to have more scrutiny over the kinds of detached .uses on a
property, and to add any conditions as necessary.
No members of the audience wished to testify on the ordinance.
Councilwoman Swanson mentioned that a frequent problem has
been that a structure intended as a barn is used in the future
for other purposes. She asked if there would be a specific
prohibition of glazed windows in barns, and also whether corrals
would be required to be in the vicinity of the barns. Ms. Palatino
replied that the Planning Commission has been discussing
establishing a new minimum required size for stables and corrals,
and part of the proposed ordinance will require that corral areas
be adjacent to the stables. When passed, this will become part of
the municipal code.
Councilwoman Murdock said she believes that glazed windows are,
prohibited only on the second floor of a two-story barn. Staff was
requested to look into this and report back to Council at the next
meeting.
Some typographical errors in Ordinance No. 229 were noted.
The second sentence of Paragraph K.2 should be amended to read:
There shall be no access from the interior of the portion used
for a garage to the interior of the portion used for the other
use.
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Paragraph K.3 should be amended to read:
If a portion of the structure is intended to be used as a
stable or barn, such portion of the structure shall be used
exclusively for the purpose of keeping horses or other
permitted animals.
Councilwoman Murdock moved introduction and first reading of
Ordinance No. 229. The motion was seconded by Councilwoman Swanson
and passed unanimously.
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Rolling Hills City Council Meeting - 11/26/90
Councilwoman Swanson asked what the City's recourse would be
if someone who has been granted a conditional use permit and an
occupancy permit later modifies or changes the structure in
violation of the ordinance. Assistant City Attorney Ennis said his
office is aware of this concern and is working to find some means
of enforcement other than going to court.
B. Consideration of the following:
NUISANCE ABATEMENT
53 AND S9 PORTUGUESE BEND ROAD
City Manager Nealis reported this public hearing is for
procedures and processes to abate the nuisances that have been
declared at 53 and 59 Portuguese Bend Road. These properties are
located in the designated landslide area. Written notice was
provided to the property owners in question on -November 7, 1990,
providing them 15 days to remove the nuisances on the property,
which consist of foundations and other remaining construction and
foundation materials. The 15 days terminated on November 22, 1990,
and no action has taken place, as verified by an inspection this
date by the City Manager and Acting Principal Planner. The
property owners have been duly noticed of tonight's public hearing,
which is to determine if the foundations endanger neighboring
properties and Portuguese Bend Road and are injurious to the public
health, welfare and safety of the community. Resolutions have been
prepared on both properties outlining the procedures to be taken
if the City Council concurs.
Mr. Wardie Clarke of the Los Angeles County Department of
Public Works, Property Rehabilitation Building and Safety Division,
testified that his department has had these properties under
investigation for some time. They are now in essentially the same
condition as they were when he started the investigation. The
residences which were formerly on the properties have been torn
down and the foundations and some of the retaining walls are still
there. Mr. Clarke submitted photographs of the properties showing
the materials under discussion. He said the properties are sitting
on a ledge along Portuguese Bend Road and if there should be
movement of the land, large pieces of concrete could collapse onto
the road. In his opinion, they constitute a danger to life and
property. Mr. Clarke stated he has sent the former and current
owners several notices to remove the materials and they have said
they will get around to it, but they never have.
Assistant City Attorney Effie Cogan stated that she prepared
the staff report based on review of documents in the City files and
sent the letter to Messrs. Shabsis and Schnaider asking them to
•remove the broken foundations remaining at 59 Portuguese Bend Road
or, in the alternative, to sign the consent form that would allow
the City to enter the property and remove it. Based on telephone
conversations, the owners appeared unwilling to take any action.
Ms. Cogan advised that if the City Council finds the
properties at 53 and 59 Portuguese Bend Road to be hazardous they
may adopt the resolutions which require that the nuisances be
removed by November 30, 1990. The resolution further provides that
the City Manager shall take bids in order to have the work done and
shall place a tax lien on the property to recover the cost of -the
City having to do the work. If the resolution is adopted, the City
Attorney's office recommends that the City collate the transcripts
of proceedings and all the evidence and go to court to get a
judicial order authorizing the City to enter onto the.property.
Mayor Heinsheimer asked how long the process would take. Ms.
Cogan said she anticipated it would not take longer than a week to
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Rolling Hills City Council Meeting - 11/26/90
prepare the papers and get the court order. After that, it is a
matter of getting the bids out and making arrangements with a
contractor to get the work done. When the work is completed the
City would get a bill from the contractor, staff would prepare a
resolution confirming the bill, a public hearing would be held to
confirm the amount of the work, and a tax lien could then be placed
against the property.
Councilwoman Swanson asked whether the City would be required
to go through the usual competitive bid procedures and newspaper
advertisements, since this is an urgent matter. Assistant City
Attorney Ennis advised that since it is an emergency and also
because the work will not be done on public property, a modified
form of soliciting several informal bids could be utilized rather
than the strict public works process.
Mrs. Peggy Minor, President of the Rolling Hills Community
Association, testified that the properties in question are falling
and in fact caused extensive damage to some property.
Mr. Roger Vink stated that three weeks ago part of the
foundation on the old Weber lot (53 Portuguese Bend Road) started
sliding and some of the nearby residents asked if something could
be done about it. The Rolling Hills Community Association took it
upon themselves to remove that portion of the foundation, which was
in the road easement. When they began moving the material it came
down and completely engulfed the front of Roger Lamb's tractor,
causing major damage. Another tractor had to be brought in, and
another piece of the foundation came down. Mr. Vink said it was
very dangerous and precarious. They removed the material and -;.;hen
measured the road, which was 16 feet at the narrowest portion (at
53 Portuguese Bend Road), with no room to widen it on either side.
Mayor Heinsheimer asked if anyone present was representing the
property owner. Mr. Roy Campbell of 3 Running Brand Road said he
had just spoken to Mr. Schnaider, who indicated he had not been
notified of the public hearing. Attorney Cogan reiterated that
notice had been sent to both Mr. Shabsis and Mr. Schnaider by
certified mail as well as regular mail.
Mr. Campbell said that he is trying to buy the property at. r:9
Portuguese Bend Road and if he does, he will take immediate steps
to remove the foundation.
No other public testimony was offered.
Mr. Clarke added that the material has been there for so lane
that some of the foundation has been covered up and it is hard to
tell just how much foundation remains at the locations.
Councilwoman Murdock moved adoption of Resolution No. 628, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILL..''3
DECLARING A CERTAIN BROKEN FOUNDATION LOCATED AT 59 PORTUGUESE BEER
ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE REMOVAL THEREOF. The
motion was seconded by Councilwoman Leeuwenburgh and carried
without objection.
Councilwoman Leeuwenburgh moved adoption of Resolution No.
627, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
DECLARING A CERTAIN BROKEN FOUNDATION LOCATED AT 53 PORTUGUESE BEND
ROAD TO BE A PUBLIC NUISANCE AND ORDERING THE REMOVAL THEREOF. The
motion was seconded by Councilwoman Murdock and carried without
objection.
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Rolling Hills City Council Meeting - 11/26/90
Mr. Campbell requested copies of the resolutions and the staff
report.
There was no old business on the agenda.
OPEN AGENDA
No public comment was offered.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilwoman Leeuwenburgh announced that the Women's Club held
their annual election and Marilyn Malmuth was elected President.
The Council is invited to attend the Children's Christmas Party.
Mayor Heinsheimer advised he will be gone the first two weeks
of December and will miss the City's Open House Celebration.
MATTERS FROM STAFF
A. CALIFORNIA CONTRACT CITIES ASSOCIATION 1991 SACRAMENTO
LEGISLATIVE ORIENTATION TOUR. City Manager Nealis reported the
23rd annual Legislative Orientation Tour will be held January 22-
24 in Sacramento. The focus is expected,to be the retention of
property tax' revenues. Councilwoman Leeuwenburgh said she will
attend, and Councilwoman Swanson expressed interest in attending
if she can find the time. Councilmembers agreed it would be
—.helpful for the City Manager to attend also.
B. City Manager Nealis reported the application period for the
Principal Planner position has closed and he would like to set a
time for applicant interviews, preferably the week of December 11-
=.14, 1990. Mayor Heinsheimer directed the City Manager to meet with
Mayor Pro Tem Pernell when he returns, to set up the. interviews.
MATTERS FROM THE CITY ATTORNEY
The City Attorney had no matters for discussion other than
those for the closed session.
;CLOSED SESSION
The meeting was adjourned at 8:15 p.m. to a closed session for
the purpose of discussing personnel and legal matters.
- MEETING RECONVENED
The meeting was reconvened at 8:54 p.m. after discussion of
personnel matters and pending litigation. Mayor Heinsheimer
adjourned the meeting at 8:55 p.m. to Monday, December 10 at 7:30
<v p.m..
t'
r
APPROVED•
Mayor
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Minutes S. retary