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4/8/1991MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA April 8, 1991 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. on Monday, April 8, 1991 in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Councilmember Murdock, Mayor Pro Tem Pernell, Mayor Heinsheimer ABSENT: Councilmembers Leeuwenburgh, Swanson (excused) ALSO PRESENT: Craig Nealis City Manager L. D. Courtwright City Treasurer Kevin Ennis Assistant City Attorney Lola Ungar Principal Planner Lucile Rogers Minutes Secretary CONSENT CALENDAR Mayor Pro Tem Pernell moved approval of the Consent Calendar, Councilwoman Murdock seconded and the motion passed without objection. a. Approval of Minutes of the adjourned regul&r meeting of February 13, 1991 and the regular meeting of March 25, 1991. b. Payment of Bills - Demands Number 5331 through 5369 dated April 8, 1991 in the amount of $19,699.27 were approved for payment from the General Fund, with the exception of Demand No., 5367 which was voided. C. Correspondence from State Senator Quentin L. Kopp regarding Senate Bill 2557. d. Correspondence from Assemblyman Gerald N. Felando regarding support for Senate Bill 169. e. Correspondence and Resolution No. 4108 from City of Gardena opposing AB 3 pertaining to creation of new layers of regional government. f. Correspondence from City of Lomita regarding a Resolution requesting relocation of the Annual League of California Cities Conference. INTRODUCTION City Manager Nealis introduced Captain Bill Mangan, who has been assigned the command of the Los Angeles County Sheriff's Department Lomita Station, effective April 1, 1991. Captain Mangan expressed his pleasure in taking this assignment. Mayor Pro Tem Pernell said he hoped the downward trend of crime statistics in the area would continue. E� Rolling Hills City Council Meeting - 4/8/91 PLANNING COMMISSION ITEMS A. RESOLUTION NO. 91-4 Zoning Case No. 434. Applicant: Mr. John Rich. Location: 20 Outrider Road (Lots 78 -EF & 95 -B -EF). A Resolution of the Planning Commission of the City of Rolling Hills granting a Variance to develop a driveway in the side _ yard setback exceeding the 20% lot coverage requirement; a Variance to encroach into the front yard to construct a retaining wall, and a Variance to encroach within the side yard setback to construct a retaining wall. B. RESOLUTION NO. 91-5 Zoning Case No. 434. Applicant: Mr. Howard Wallace Location: 24 Outrider Road (Lot 96 -SR) A Resolution of the Planning Commission of the City of Rolling Hills granting a variance to exceed the grading standards for maximum fill slopes and granting Site Plan Review approval. C. RESOLUTION NO. 91-6 Zoning Case No. 444. Applicant: Mr. Bernie Howroyd. Location: 7 Maverick Lane (Lot 28A -SR) A Resolution of the Planning Commission of the City of Rolling Hills granting variances to encroach into the front and side yard setbacks to construct residential additions and granting Site Plan Review approval. D. RESOLUTION NO. 91-8 Zoning Case No. 446. Applicant: Mr. Darryl Snider. Location: 25 Buggy Whip Drive (Lot 247 -2 -MS) A Resolution of the Planning Commission of the City of Rolling Hills granting a variance to encroach into the front yard. setback to construct a bay window; granting a Variance 'to encroach into the front yard setback to construct a retaining wall, and granting a Variance to encroach into the side yard setback to construct a retaining wall and service yard. City Manager Nealis briefly described each project and indicated that the four Resolutions have been adopted by the Planning Commission. Councilwoman Murdock referred to Resolution No. 91-4, Section 1, which states that the application requests a variance "to develop a driveway in the side yard setback exceeding the 20% yard coverage requirement...." She suggested the Resolution should contain a figure reflecting how much the 20% requirement is to be exceeded. Staff was directed to revise the Resolution and bring it back to the next City Council meeting. The other Resolutions (91-5, 91-6, 91-8) were accepted without objection. PUBLIC HEARINGS None. IN— OLD BUSINESS A. REPORT REGARDING CITY ADMINISTRATION FACILITY HARDSCAPE RENOVATION PROJECT City Manager Nealis reported that the Traffic Commission has discussed the feasibility of using Rolling Hills Estates right-of- way property adjacent to Palos Verdes Drive North, west of Rolling Hills City Council Fleeting - 4/8/91 Portuguese Bend Road, as a large truck parking area. Because of several concerns identified by the Traffic Commission, Deputy City Engineer and Staff, and because initial study costs would be high, it was recommended that the City no longer pursue this component of the hardscape renovation project. Councilmembers concurred with this recommendation. MATTERS FROM THE CITY ATTORNEY Ao ZONING CASE 00. 366. Applicanto Ebro J020goy 7avox Locations 5 South:MD102 Drive (Lot 3-37) Consideration ®:S oizat amendment to contract gars 00 gootachnical Poport Preparation anal pP000001ag (0005t yQE6 ootb@cao variance, 0ito plan review application)o Assistant City Attorney Ennis advised that this amendment to the reimbursement agreement between Mr. Faver and the City updates the timetable for completion of the geotechnical report by Geofon, the City's consultant. The amendment has been signed by Fero Faver, and the City Council's approval was requested. Mayor Pro Tem Pernell moved adoption of the amendment, Councilwoman Murdock seconded and the motion passed unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL None MATTERS FROM STAFF Ao BUDGET COMMITTEE RECOZ71 RNATI[OZ ACTION City Manager Nealis recommended that Councilmembers consider reconfirmation action for Jody Murdock and Gordana Swanson to serve as members of the Budget Finance Committee. Councilmembers Murdock and Swanson confirmed their willingness to serve. The action was so ordered by the Mayor without objection. B. CONTRACT CITIES MEETING City Manager Nealis reported that the City will be presenting a plaque to outgoing Contract Cities President Judy Hathaway - Francis at the April California Contract Cities meeting on Wednesday, April 17, 1991. City Councilmembers were encouraged to attend. C. CITY COUNCIL PHOTOGRAPHS Arrangements have been made for new photographs of the City Council to be taken before the April 22 City Council meeting at 7:00 p.m., based on the reorganization. D. CABLE TELEVISION CONSTRUCTION Dimension Cable Television has notified the City that the first door hangers regarding the construction schedule were distributed on April 2, and the initial construction will begin April 18, 1991° 3 Rolling hills City Council Meeting e 4/8/91 NATTERS PRON THE CITU ATTORNEY gcontiauGa) F.. �'�h�IC�f:%1F_F,TI�N i� H���NTFnIF: CI.I•,IM Assistant City Attorney Ennis summarized this Claim for Indemnification which was brought by several chemical companies involving a variety of actions to remediate injuries caused to the continental shelf by DDT and PCB's, related to both personal property damage and real property damage. Assistant City Attorney Ennis advised that the time limit for personal property damage claims is six months; therefore, this portion of the claim is untimely and will be returned. The time limit for real property damage claims is twelve months; therefore this portion of the claim needs to be rejected by the City Council. Councilwoman Murdock moved that the real property damage portion of the Montrose claim be rejected. Mayor Pro Tem Pernell seconded and the motion passed without objection. The City Attorney's office was requested to attempt to remove the City of Rolling Hills from this process as soon as possible so that excessive legal fees are not incurred. ®PEZ AGEZDA No one present wished to speak on the open agenda. ADJ®URZNEZT Before adjournment, Mayor Heinsheimer noted that the reorganization would be discussed at the next meeting, the trip to Catalina to look at the desalination plant will be rescheduled, and the offsite retreat is scheduled for May 9-11, 19910 The meeting was adjourned at 7055 p.m. to Monday, April 22, 1991 at 7030 p.m. Minutesretary 4 Rolling Hills City Council Meeting - 4/13/92 date, however, indicated removal of the structure and dumpster. He noted that lumber on the site is stacked neatly. A horse trailer and a piece of equipment remain, as well as several vehicles. Mr. Kenneth Thomas, the property owner at 54 Portuguese Bend Road, read his letter of April 6, 1992 to the City Manager. He asserted that he has a right to keep his own vehicles on his own property, and asked the Council to reconsider their objections to the vehicles in order to avoid the expense of litigation. Current photographs of the property were examined and it appeared that six or seven vehicles (including two horse trailers, a boat, a tractor, a Cadillac and a limousine) were on the property. Councilmember Murdock noted that the Municipal Code permits storage of no more than three recreational vehicles on a resident's property, and that is only when there is a primary residence on that property. Since new single family dwellings are no longer permitted in the Flying Triangle area, she suggested that consideration be given to granting the same storage ability on that property as on single-family residences in the rest of the City, but no more. City Manager Nealis recommended that since the nuisances related to public safety have been abated, if the City Council wishes to pursue abatement of the vehicles this should be done under a different format rather than nuisance abatement. City Attorney Jenkins added that the maintenance of the vehicles on the property does constitute a violation of the Municipal Code; however, it would be worth taking a look at the Code in view of the unique circumstances in the Flying Triangle area and coming back to the Council with. a recommendation as to whether this type of use might be appropriate, subject to conditions or limitations. If the City Council decides it does not want to allow storage of vehicles on property that is unimproved, a proper means of abatement can be recommended at that time. Mr. Thomas left the meeting expressing his intention to sue the City if he is not allowed to use his property to store his vehicles. Councilmembers agreed to follow the staff recommendation that the nuisance abatement in terms of safety considerations be found to be complied with, and to look into modifying the Municipal Code to cover circumstances related to vehicle storage in the Flying Triangle area. Mrs. Virginia Doak, neighbor of Mr. Thomas, stated that she did tell him she had no objections to the vehicles stored on his A 5 Rolling Hills City Council Meeting - 4/13/92 property. She explained that she wanted no confrontation with Mr. Thomas. OPEN AGENDA No one present wished to speak on the open agenda. NEW BUSINESS A. RESOLUTION NO. 673: A Resolution of the City Council of the City of Rolling Hills, California, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election. City Manager Nealis reported that this Resolution provides for procedures in the event of a tie vote, stating that there will be a runoff election not less than 40 days or more than 125 days after the election resulting in the tie vote. Councilmember Murdock moved approval of Resolution No. 673, Councilmember Leeuwenburgh seconded, and the motion passed without objection. Councilmember Heinsheimer pointed out that the General Election on June 8, 1992 would fall within the 40/125 day limits and the cost of a Special Election could be avoided by having any runoff election at that time. B. RESOLUTION NO. 674: A Resolution of the City Council of the City of Rolling Hills, California, opposing Governor Wilson's proposed transfer of property tax revenues from enterprise special districts to schools. City Manager Nealis explained that the Governor's proposed legislation (AB 3214) was defeated on the Assembly floor on April 7 but will be granted reconsideration in the Assembly. Resolution No. 674 expresses the opposition of the City of Rolling Hills to any transfer of local property tax revenue from enterprise special districts to school districts to meet funding requirements prescribed by Proposition 98. Mayor Pro Tem Swanson suggested that the neighboring cities, and perhaps the Contract Cities also, be requested to also oppose the proposed transfer of funds. Mayor Pernell advised that the Sanitation District is distributing this information to all jurisdictions. 6 Rolling Hills City Council Meeting - 4/13/92 Councilmember Leeuwenburgh moved approval of Resolution No. 674, Councilmember Heinsheimer seconded and, the motion passed without objection. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Leeuwenburgh thanked the Council for their concern during her recent hospital stay. Councilmember Heinsheimer advised that he will be in Montreal on April 21 and will be unable to attend the meeting to certify the election results. After a short discussion it was decided to reorganize the Council at that meeting instead of waiting for the next Regular City Council meeting. MATTERS FROM STAFF City Manager Nealis reported he received a letter from Nancy Ganahl, part-time Account Clerk for the City, regarding her son's participation in the American Youth Symphony. MATTERS FROM THE CITY ATTORNEY None. CLOSED SESSION There was no need for a closed session. ADJOURNMENT The meeting was adjourned at 8:53 p.m. to Saturday, April 18, 1992 at 42 Portuguese Bend Road. APPROVED• ayor W ltiGG�'L� /C.G Minutes S retary