8/26/19911
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MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
August 26, 1991
A regular meeting of the City Council of the City of Rolling
Hills was called to order by Mayor Pernell at 7:30 p.m. on Monday,
August 26, 1991 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, Mayor Pro
Tem Swanson, Mayor Pernell
Councilmember Heinsheimer
Craig Nealis
L. D. Courtright
Michael Jenkins
Lola Ungar
Lucile Rogers
City Manager
City Treasurer
City Attorney
Principal Planner
Minutes Secretary
Mayor Pro Tem Swanson moved approval of the Consent Calendar,
Councilwoman Murdock seconded and the motion passed without
objection.
a. Minutes - Meeting of August 12, 1991.
b. Payment of Bills - Demands Number 5697 through 5822 dated
August 26, 1991 in the amount of $23,231.39 were approved for
payment from the General Fund, with the exception of Demand Number
5709 which was voided.
C. Financial Statement for the month of July.
d. Correspondence from Browning-Ferris Industries regarding
recycled material recovered.
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Rolling Hills City Council Meeting - 8/26/91
PLANNING COMMISSION ITEMS
A. ZONING CASE NO. 447
Request for Variance and Site Plan Review to construct new
single family residence
Applicant: Mr. Reith Palmer, Neil Stanton Palmer
Owner: Mr. Craig Hofman
Address: 6 Williamsburg Lane (Lot 38 RH)
Resolution of Approval No. 91-19
Principal Planner Ungar presented the staff report, noting
that the Resolution has been corrected to reflect the required 450
square foot stable. A variance is required because the house will
encroach 21 feet into the front yard setback.
Mayor Pro Tem Swanson moved approval of the staff
recommendation to receive and file Resolution No. 91-19. The
motion was seconded by Councilwoman Leeuwenburgh and passed without
objection.
B. ZONING CASE NO. 455
Request for Variance for additions to a single family
residence
Applicant: Mr. Don Thursby, Edward Carson Beall and
Associates
Owner: Mr. & Mrs. August Rihaczeh
Address: 10 Flying Mane Road (Lot 6 -B -SF)
Resolution of Approval No. 91-20
Principal Planner Ungar presented the staff report. This
variance is required because of a 24 -foot encroachment into the
front yard; however, the addition will not encroach further than
the existing residence and garage.
Councilwoman Leeuwenburgh moved approval of the staff
recommendation to receive and file Resolution No. 91-20. The
motion was seconded by Mayor Pro Tem Swanson and passed without
objection. Mayor Pernell abstained due to the proximity of his
residence to the subject property. .
C. ZONING CASE NO. 457
Request for Variance for addition to a single family residence
Applicant: Mr. Criss Gunderson, Architect
Owner: Mr. & Mrs. Harry Keegan
Address: 15 Georgeff Road (Lot 29 -GF)
Resolution of Approval No. 9121
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Rolling Hills City Council Meeting - 8/26/91
Principal Planner Ungar presented the staff report, noting
that the residence already encroaches 23 feet into the front yard
setback and the proposed addition will align with the front of the
building.
Mayor Pro Tem Swanson moved approval of the staff
recommendation to receive and file Resolution No. 91-21. The
motion was seconded by Councilwoman Leeuwenburgh and passed without
objection.
D. ZONING CASE NO. 459
Request for Site Plan Review for construction of a new single
family residence
Applicant: Mr. Douglas McHattie, South Bay Engineering
Owner: Mrs. Marian Ruth
Address: 5 Outrider Road (Lot 80 -EF)
Resolution of Approval No. 91-22
Principal Planner Ungar presented the staff report, pointing
out that this plan has been scaled down somewhat from the original
application. The barn has been moved since the previous plan so
that it is no longer at the front of the property.
Councilwoman Leeuwenburgh moved approval of the staff
recommendation to receive and file Resolution No. 91-22. The
motion was seconded by Mayor Pro Tem Swanson and passed without
objection.: Councilwoman Murdock abstained due to the proximity of
her residence to the subject property.
PUBLIC HEARINGS
A. ZONING CASE NO. 432: CONSIDERATION OF AN APPEAL OF PLANNING
COMMISSION ACTION DENYING A SITE PLAN REVIEW APPROVAL TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE
PLANNING COMMISSION RESOLUTION OF DENIAL NO. 91-17
APPLICANT: MICHAEL CHRISTOPHER SPATA (ANDERSEN, KELEHER
AND SPATA, ATTORNEYS AT LAW)
OWNERS: ISCO INDUSTRIES AND E.S. DEVELOPMENT
ADDRESS: 6 RINGBIT ROAD WEST (LOT 8 -A -2 -SF)
Principal Planner Ungar reported that the Planning Commission
denied approval of the proposed Site Plan on July 13, 1991, after
seven different proposals for the residence had been submitted.
The Commission concluded that the proposed pad coverage of 31.9%
is excessive. They suggested a much smaller residence would be
appropriate.
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Rolling Hills City Council Meeting - 8/26/91
Mayor Pernell opened the public hearing.
Michael Spata of Andersen, Keleher and Spata, 1334 Park View
Street, Manhattan Beach (attorney for the owners), made the
following points: (1) There are no objective planning or zoning -
criteria by which to deny the application. (2) The project is
categorically exempt from the provisions of CEQA and has no
possibility of a potentially significant environmental impact. In
addition, the applicant had a drainage study done which confirmed
that there would be no adverse impact. (3) On November 20, 1990,
the City staff recommended approval of the project; since then the
project has been scaled down to meet Planning Commission objections
so there is even less reason to deny the application.
Thomas Hood, 320 106 The Village, Redondo Beach, briefly
reviewed the history of the project. He stated that the closest
neighbor is 350 feet away from the residence, there is no adverse
impact, and the proposed landscaping incorporates all indigenous
and drought tolerant plantings. He requested City Council approval
of the project.
Luigi Schiappa, E.S. Development (one of the owner/developers
of the site) said they have reviewed the General Plan, talked with
neighbors, and have been working diligently to comply with the
requests of the Planning Commission and Planning Department. He
requested that the City Council reconsider the Resolution of
Denial.
Mr. Hood detailed some of the previous proposals presented to
the City. -
Mr. Spata concluded by stating that the findings have been
made to approve the project, the developer has met the criteria set
forth by the City, and he requested approval of the project.
Mayor Pro Tem Swanson suggested a field trip to the site and
Councilmembers agreed this would be helpful. Mayor Pernell asked
Mr. Spata if he would be willing to continue the hearing to the
City Council meeting of September 23, since he and Mayor Pro Tem
Swanson will not be able to attend the September 9 meeting. He
confirmed that the field trip would be an open meeting subject to
the Brown Act and fully noticed. Mr. Spata responded that his
client has no objection to continuing the public hearing to the
City Council meeting of September 23.
City Attorney Jenkins advised that technically the hearing
will be continued to the field trip and then continued to the
meeting of September 23 to hear testimony from the field trip.
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Rolling Hills City Council Meeting - 8/26/91
The date and time for the field trip were set for 7:30 a.m.
on Thursday, September 19.
OPEN AGENDA
No one present wished to speak on the open agenda.
SPECIAL PRESENTATION - JUVENILE DIVERSION
Mayor Pro Tem Swanson, the City's representative on the Los
Angeles County Juvenile Diversion Project, reported that funding
for the project is obtained through local, county and state
sources; referrals are received from several different sources,
primarily from schools and secondarily from law enforcement. The
purpose is to keep youths out of the criminal justice system, and
intervention has been extremely successful. The City of Redondo
Beach provides working space and the staff payroll. Mayor Pro Tem
Swanson suggested that the City of Rolling Hills send a letter of
commendation to the City of Redondo Beach for their generosity to
the project.
OLD BUSINESS
A. RESOLUTION NO. 639: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS ESTABLISHING AN EMPLOYEE DEFERRED
COMPENSATION PLAN.
City Manager Nealis reported on the changes in Resolution No.
639 since it was previously submitted to the Council. He stated
that Southern California PEBSCO Director Mark Turner was available
to answer any questions.
Councilwoman Leeuwenburgh asked if the plan contained a tax-
free rollover provision. City Manager Nealis replied that it did
not, and taxes must be paid when the funds are withdrawn.
Mayor Pro Tem Swanson moved adoption of Resolution No. 639.
Councilwoman Murdock seconded and the motion passed 3-1, with
Councilwoman Leeuwenburgh dissenting.
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Rolling Hills City Council Meeting - 8/26/91
NEW BUSINESS
A. CONSIDERATION OF CITY OF ROLLING HILLS PERSONNEL POLICY AND -
EMPLOYEE HANDBOOK
Manager Nealis reported that the Personnel Subcommittee I -
City
has completed final drafts of the Rolling Hills Personnel Policy
Manual and the Employee Handbook and recommends their approval by
the City Council. He reviewed the latest changes recommended after
consultation with the City Attorney, beginning with the Employee
Handbook.
Mayor Pro Tem Swanson moved adoption of the revised Employee
Handbook, Councilwoman Leeuwenburgh seconded and the motion passed
without objection.
City Manager Nealis then enumerated the latest changes to the
Personnel Policy Manual.
Mayor Pro Tem Swanson moved adoption of the revised Personnel
Policy Manual, Councilwoman Murdock seconded and the motion passed
without objection.
Mayor Pernell commended the City Manager and Subcommittee for
their work on these important documents.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Referring to the decision made at
the. August 12,
1991 City
Council meeting to fund a portion of the
study on traffic
impacts
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created by the consolidation of the
Peninsula high
schools,
Councilwoman Leeuwenburgh stated that the amount of $500
had been
agreed upon and should be made available.
City
Treasurer
Courtright commented that there should
be a line item
for this
expenditure.
Councilwoman Leeuwenburgh reported on the Contract Cities
Barbeque in Castaic, commenting that it was well attended,
informative and enjoyable. She spoke with a Deputy Sheriff from
Santa Clarita about the portable scales they use which enable them
to stop and ticket trucks. The Deputy indicated that the $3700
price for the scales was recovered in the first week of operation.
Los Angeles County Sheriff's Department Captain Mangan said he
would look into this. Mayor Pernell suggested that Councilwoman
Murdock might bring this up for discussion at a meeting of the
Regional Law Enforcement Committee.
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Rolling Hills City Council Meeting - 8/26/91
Mayor Pro Tem Swanson announced that the RTD will increase
peak hour bus service on the Peninsula to meet the expected
increased demand, particularly from school children. Individuals
will be monitoring the service to evaluate the need and demand.
MATTERS FROM STAFF
City Manager Nealis reported that a meeting is scheduled at
Rancho Palos Verdes City Hall on Thursday, August 29, at 7:30 a.m.
to discuss the new high school traffic circulation situation.
Councilwoman Leeuwenburgh agreed to represent the City Council at
the meeting.
Regarding hardscape plans, City Manager Nealis reported that
the property survey is proceeding and it is time for the City
Council to think about what modifications to City Hall would be
appropriate. He requested authorization to have plans drawn up for
City Council consideration. Councilwoman Murdock suggested a work
session be held to discuss ideas, and it was agreed this would be
scheduled before the next City Council meeting when all five
members are present.
MATTERS FROM THE CITY ATTORNEY
City Attorney Jenkins reported that the second amendment to
the City Manager Employment Agreement has been prepared for
consideration by the City Council, and the Personnel Subcommittee
recommends its adoption. The amended Agreement incorporates a five
percent increase in salary and car allowance and recommends annual
salary and benefit reviews by March 1 of each year to allow their
timely incorporation into the City budget.
Stating that the City Manager has served the City well and is
responsive to the community and the Council, Mayor Pro Tem Swanson
moved approval of the second amendment to the Employment Agreement
for City Manager services. Councilwoman Leeuwenburgh seconded and
the motion passed without objection.
Replying to Councilwoman Leeuwenburgh's earlier inquiry, City
Attorney Jenkins advised that the Political Reform Act of 1974
prohibits city officials from participating in matters in which
they have a financial involvement, and the regulations deem that
there will be a financial impact if the property in question is
within 300 feet of property owned by an official.
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Rolling Hills City Council Meeting - 8/26/91
CLOSED SESSION
There was no need for a closed session.
OPEN AGENDA (Continued)
Planning Commissioner Betsy Raine asked to speak to the City
Council regarding Zoning Case 432. Mayor Pernell advised her that
the public hearing on that matter was continued but she could make
her remarks either at the field trip scheduled for September 19 or
the City Council meeting of September 23, 1991. Ms. Raine
indicated she might prepare written testimony to be presented at
the field trip on the 19th.
ADJOURNMENT
The meeting was adjourned at 9:07 p.m. to Monday, September
9, 1991 at 7:30 p.m.
APPROVED: Minutes St9letary
M or
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