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.
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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°
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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
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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.
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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
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Minutes S retary