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6/13/1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 13, 1977 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Crocker at 7:30 P.M. Monday, June 13, 1977. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker None Teena Clifton William Kinley L. D. Courtright June Cunningham Kenneth LaBarge Joseph Burth Pixie Breitenstein Chester Jenkins Virginia Leeuwenburgh City Manager City Attorney City Treasurer Deputy City Clerk Browning-Ferris Industries Representatives Residents APPROVAL OF MINUTES 355 The minutes of the meeting of May 23, 1977 were approved and accep- ted on a motion made by Councilman Heinsheimer, seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Swanson Mayor Crocker NOES: None ABSENT: None ABSTAINED: Councilman Rose PAYMENT OF BILLS 398 Councilman Rose moved that Demands No. 6217 through 6266, in the amount of $32,123.25, be paid from the General Fund with the exception of Demands No. 6260 and 6261, which were voided. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None SOUTH BAY CORRIDOR STEERING COMMITTEE, PHASE III 407 In a memorandum to the Council Councilwoman Swanson advised that the Steering Committee of the Phase III South Bay Corridor Study Com- mittee had requested that all cities appoint a member from their staff to the Transportation Advisory Sub -committee, Phase III. Councilwoman Swanson moved that Mrs. Teena Clifton, City Manager, be appointed to represent the City of Rolling Hills. The motion was seconded by Coun- cilman Rose and carried unanimously. 353 June 13, 1977 INSTALLATION OF BICYCLE RACKS 412 'Councilwoman Swanson reported that a bicycle rack was installed at the Eastfield Gate following approval by the Council, and the Community was requested in the Newsletter to make their wishes about whether more racks were needed known to the Council. Councilwoman Swanson said Mrs. Blair Filler, 6 Reata Lane and Mrs. Rosemarie Stinnett, 9 Caballeros Road have requested that racks be installed°at the other gates. Coueilwoman Swanson said she had observed that bicycles are locked to the fence in front of theAdminist-°ation Building daily, and she moved that additional racks_ for bikes be installed in the vicinity of the Main Gate and the Crenshaw Gate'. The motion was seconded by Council- man Rose for purposes of discussion. Following discussion the motion was amended by Councilwoman Swanson to approval of a bicycle rack in the vicinity of the Main Gate, so use of the rack could be evaluated before approving -installation of a rack at the Crenshaw Gate. The amendment to DO the motion was seconded by Councilman Rose. r. C" The amendment to the motion was carried unanimously. The motion as PIZ amended was carried by the following roll call vote: AYES:— Councilmembers Pernell, Rose, Swanson, Mayor Crocker NOES: None ABSENT: None ABSTAINED: Councilman Heinsheimer RUBBISH FRANCHISE AGREEMENT 465 Mayor Crocker introduced Mr. Kenneth LaBarge and Mr. Joseph Burth, representatives of Browning-Ferris Industries Waste Systems. The Mayor explained that Councilmembers Heinsheimer and Rose had met with the City Manager and representatives of Browning-Ferris to discuss the proposed Rubbish'Franchise Agreement, and copies had been sent to members of the Council. 'Councilman Heinsheimer said there was extensive discussion by the sub -committee, and the contract presented to the Council for review was considered the best contract. Mr.'LaBarge mad a slide presentation showing lihe type of equipment which would be used in Rolling Hills. Councilwoman Swanson asked whether individual bins could be furnished for disposal of manure and Mr. LaBarge said he thought arrangements could be made, and he would obtairi..specific information about individual bins. Mayor Crocker made . recommen_d_ations regarding wording of the contract, and asked that the ty "\ ANIMAL SHELTER AGREEMENT 570 Correspondence dated May 9, 1977 from the Chief Administrative Officer,' Los Angeles County, Special Services Division; June 1, 1977 from the Southern California Humane Society and a memorandum dated June 10, 1977.from the City Manager to the Council were presented. Mrs. Clifton advised the Council that after reviewing the proposal from the Humane Society and the Animal Shelter Agreement, she wished to recommend that the Council contract for one more year with Los Angeles County.. Further, the Manager said that Rancho Palos Verdes has contracted with S.P.C.A. for the coming year, and she would recommend that the Council consider S.P.C.A. next year after more data has been collected and evaluated, based on that agreement. _ A motion to act on the recommendation of the City Manager and contract with Los Angeles County for Animal Shelter Services from July 1, 1977 to June 30, 1978 was made by Councilman Rose, seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker None None 004 June 13, 1977 The following budget items were approved by the Council: fees for Conditional Use Permits were increased from $75 to $150 by a straw vote of the Council and the City Attorney was directed to prepare an appropr- ate resolution; Line 89, South Bay Community Organizations, was increased from $500 to $750; Seminar -California Contract Cities, Line 88, was re- duced from $1,250 to $625. In reply to a question by Councilman Heins- heimer, Mr. Larry Courtright, City Treasurer, explained the procedures by which the Reserve General Fund Balance of $112,733 for June 30, 1977 was arrived at, and he explained that during the fiscal year 1977-78 the General Fund Balance would be reduced to $42,406, the anticipated balance at the end of the fiscal year. Councilman Rose moved that approval of the budget be amended to in- clude an additional sum of $14,500 for underground utilities. The motion died for lack of a second, Councilwoman Swanson asked that the Council consider increasing the allocation for South Bay Community Organizations. Councilman Heinsheimer said that in view of the previous increase in allocation, he would recom- mend that additional funds for community organizations come from the re- serve, if additional requests for funds were approved by the Council on an individual basis when they are presented. Mayor Crocker said there is an allocation of $3,000 for Miscellaneous and $4,000 for Non -budgeted Expense. Councilwoman Swanson requested that the record reflect her recommendation and the Council's discussions Further, Councilwoman Swanson said that in an earlier budget discussion Councilman Heinsheimer had suggested an allocation for drought -related contingencies. Mayor Crocker said individual homeowners should be expected to pay costs associated with their properties. A motion to approve the budget as amended was made by Councilman, Rose and seconded by Councilwoman Swanson and carried by the following roll call vote - AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES- None ABSENT- None Mayor Crocker said that although a sum for salaries had been in- cluded in the budget, salary recommendations -also compensation for the City Attorney would be approved at a personnel session of the Council. STATE SOLID WASTE MANAGEMENT 800 The Manager advised that the County Health Department had asked to - be designated the enforcement agency by Rolling Hills for solid waste managements A motion to approve the designation was made by Councilman Rose and seconded by Mayor Crocker for purposes of discussion. Follow- ing discussion Councilman Rose withdrew his motion and Mayor Crocker withdrew his second and asked the Manager to make a recommendation at the next meeting. ENFORCEMENT STATUS OF DOG CONTROL ORDINANCE 826 Mr. Kinley reported that he had talked with the District Attorney about enforcing Ordinance No. 136. The District Attorney requested a copy of the ordinance, and requested 'that the names of persons in vio- lation of the ordinance and the circumstances and facts of each case be forwarded to him for action after he reviewed the ordinance. With the concurrence of the Council the Mayor ordered the Citv At- torney to proceed on that basis, and report to the Council when action has been taken. 0 -3- 355 June 13,'1977 PROCE­,...-_- ON APPEAL FROM PLANNING COMMISSION DECISIONS 837 .Mr.. Kinley distributed copies of a proposed resolution which was designed to provide a set of rules which would advise the applicant who is,on appeal as well as the residents of the City of 'their respec- tive rights, duties and obligations in matters which are on appeal to the City Council following a decision of the Planning Commission. The City Attorney said that Councilman Rose had made certain proposed changes to his proposed resolution, and photocopies of both versions were dis- tributed,to members of the Council. For the purposes of re -drafting the proposed resolution, Mayor Crocker called for a straw vote of members of the Council who were in favor of limiting testimony at a hearing on appeal to residents whose property was within 500' of the applicant's property, regardless of whether they appeared previously in the matter. Councilman Rose voted in favor of the limitation; Councilmembers Heinsheimer, Swanson and 'Pernell voted in opposition to a limitation of 500'. In'discussing the .matter, the Council agreed that residents at a specific property, or V. their spouses, could appear in person or by writing to the Board of 'Z Appeals,.provided that either one had written or spoken at a previous ''D meeting,;, Councilman Pernell said that once evidence is made part of ;L'the..record, such evidence, whether presented verbally or in writing, should be available to all residents in the public record, and any citizen should have an opportunity to comment on that evidence, whether or not they were present at a previous meeting. Mayor Crocker said three members of the Council were in favor of not limiting testimony to those residents who appeared before the Planning Commission. Coun- cilwoman Swanson said written testimony should not include petitions. Further, she said that if persons who were not present at a previous meeting were permitted to speak, based on testimony they read in the minutes,.it would be a de novo hearing. Councilman Rose said the Council should permit argument on the facts only by those persons or their spouses who appeared at the Planning Commission hearing and gave testimony, or who were absent from the public hearing and made a written presentation prior to close of the public hearing. Councilman Rose said the person carrying the burden has the right to rebuttal; Mayor Crocker asked about the opposition for re -rebuttal. By straw vote, Councilman Rose voted for the right of rebuttal by the applicant after residents have presented their testimony. Other mem- bers of the Council felt there should not be an opportunity for rebut- tal by the applicant to testimony by residents. Mayor Crocker asked the City Attorney to revise the proposed resolution incorporating the discussion and straw votes of the Council for consideration at the next meeting. RECOGNITION PLAQUE, JIM BOYD 1122 Mrs. Clifton advised the Council that Security Officer Jim Boyd will celebrate his 25th year of employment by the Rolling Hills Com- munity Association, and will be honored at the Community's 4th of July celebration at La Cresta School. The Council agreed to participate in the recognition. BURGLARY APPREHENSION TEAM 1128 The Manager reported that the Burglary Apprehension Team had recovered items worth approximately $30,000 which were stolen from a residence in Rolling Hills within hours after the burglary was committed. GRADING ON CHUCKWAGON ROAD 1189 Councilman Pernell said concern was expressed about the amount of -4- June 13, 1977 grading being done in preparation for construction at 3 Chuckwagon Road. Mrs. Clifton said she had ordered work on the project stopped after re- ceiving complaints and viewing the property; however, the geologist had advised her that it was a key cut, and most of the dirt would be replaced. Further, Mr. Lockwood said it would not be advisable to leave the project as it was when work ceased, so with the concurrence of the City Attorney the work was resumed. Mayor Crocker said he had requested that the mat- ter be researched, and restriction in the ordinances applied to that property. Mrs. Clifton said the parcel is large enough to meet require- ments of the ordinances. Mr. Kinley said the parcel is part of a subdi- vision and complies with requirements for a building site. Mrs. Clifton said some grading is being done to provide access from the road, as well as a building pada Mayor Crocker asked members of the Council to view the site before the next meeting, and held the matter for further discussion. SOUTH GATE 1209 Mr. Chester Jenkins, 10 Southfield Drive, advised that the sign in the vicinity of the South Gate warning that the gate is closed and there is no entrance or exit at that site has been partially obscured by land- scaping. The Manager said the shrubbery would be trimmed to make the warning sign visible. PROPOSED RE -ZONING 1220 Councilman Rose inquired about the status of proposed zone changes from RAS -1 to RAS -2 which were referred to the Planning Commission. The Manager said the Environmental Quality Board would meet on Monday, June 20, 1977 to consider adopting negative declaration statements as a prerequisite to public hearings on the proposed zone changes. Because there will not be a quorum of members available for the regular Planning Commission meeting on June 21, hearings have been scheduled for Wednesday, June 29 on the proposal to change the zoning in the Johns Canyon area, and Thursday, June 30 on the proposal to change the zoning in the Flying Triangle and Flying Triangle Extension. Councilman Pernell suggested that two Miscellaneous Parcels adjacent to the Flying Triangle be inclu- ded in the zone change. The Council agreed that the parcels should be included, and the Manager was directed to so advise the Planning Com- mission. om- mission. SOUTH COAST AIR QUALITY DISTRICT 1228 Councilman Heinsheimer presented a letter from the South Coast Air Quality District concerning a change in legislation which would change the tax structure of public utilities in an effort to control emission, and he recommended that the Council support the District. A motion authorizing the Mayor to write a letter of support to the South Coast Air QualityDistrict in their effort to penalize equally all utilities which pollute the environment was made by Councilman Rose, seconded by Mayor Crocker and carried by the following roll call vote: AYES- Councilmembers Heinsheimer, Rose, Mayor Crocker NOES- None ABSENT- None ABSTAINED- Councilmembers Pernell, Swanson SOUTH BAY CITIES MEETING 1284 Councilwoman Swanson announced that Councilman Heinsheimer will be the guest speaker at the next meeting of the South Bay Cities, and she asked members of the Council to attend if possible. -5- June 13, 1977 CITY OF ROLLING HILLS ESTATES.: 1295. In a letter dated May 25, 1977.Councilman John Anderson of Rolling Hills Estates requested the South Bay Cities to lend financial support to Rolling Hills..Estat.es' effort in an attempt to overturn,the rulings of the EPA that;; ocean disposal of. treated sludge is environmentally un accep -,able.,.,,s%nce the: Froposed disposition. site of the sludge, if, the �i A order is upheld, would the the Palos Verdes Landfill in Rolling Hills 9 Cates. �1 Mayor Crocker said that since Rolling Hills Estates receives con- siderable revenue from sales t.ax .spent .by residents of adjoining cities and has no cty'property ,tax``; he wished to direct the City -Manager to advise Councilman Anderson that the City of -Rolling Hills has no allocation in their budget for litigation.- Members of the Council agreed. VIEW EASEMENTS 1308 Mayor Crocker, said an attempt should be made to preserve. the views �f which are gradually= deteriorating because of development of properties. He asked the City A:t.torney to develop an ordinance which would control view obstruction, especially with regard to future growth and 'planting. INSURANCE 1340 Mayor Crocker said he had reviewed the proposal for joint insurance ccverage with other contract cities, and he recommended that Rolling Hills not participate in the program. SMALL CITIES FORUM 1344 Mayor Crocker asked members of the Council who wished to attend the tnall Cities Forum in Pasadena to advisthe Manager so -reservations uld be made. JULi 4TH CELEBRATION 1346 XAayor Crocker said the Community's July 14th Celebration will be held a= Ta Cresta School, and he asked the City Attorney to check insurance requirements, and make sure that arrangements have been made to obtain adecuate insurance for the event. BOARD OF SUPERVISORS BUDGET HEARING 1353 Councilwoman Swanson advised the Council that she would make an appearance before the Board of Supervisors at their Budget Hearing as a representative of the Peninsula Bus Utilization Committee, and request e:.-�iLable.allocations for RTD service on -the Peninsula. CODIFICATION OF ORDINANCES 1360 Mr.. Kinley advised the Council that codification of the City's ord-nances is progressing, but is being delayed because the subdivision _rClnar?Cc,r:ich has been amenned.several L_11es, .s not entirely E _ve , '.:`tE C=ty Attorney said a new subdivision o= cir_ance should be reared. The Council directed him to proceed. 1373 ma -,:or Crocker adjourned the meeting at 10:05 P.M. AzPR0VEJ: J City Clerk