Loading...
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. 1 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. M 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. 2 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 3 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. 4 1 1 1 1 1 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 5 Minutes S. retary