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8/22/1977393 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 22, 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 7030 P.M. Monday, August 22, 19770 ROLL CALL PRESENT- Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker ABSENT- Councilman Pernell ALSO PRESENT- Teena Clifton City Manager ©0 William Kinley City Attorney June Cunningham Deputy City Clerk Mr. and Mrs. Co Meurer Residents Roger Meurer Forrest Riegel O.K. Tingle Dr. Sam Wolinsky FINANCIAL STATEMENTS 630 The Financial Statements dated June 30, 1977 were held for consid- eration at the next meeting. PAYMENT OF BILLS 638 Councilman Rose moved that Demands No. 6398 through 6434 in the amount of $13,671019 be paid from the General Fund, with the exception of Demand No. 6417, which was voided. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote- AYES- Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES- None ABSENT- Councilman Pernell CALIFORNIA CONTRACT CITIES ASSOCIATION 642 In a letter dated August 4, 1977 Nell Mirels, Chairman of County - City Contracts for California Contract Cities Association, advised that monthly meetings would be held during the current year, attended by heads of departments in the County which the cities contract with for certain services. Mrs. Mirels asked for input from Contract Cities. Mayor Crocker asked the Manager to review the County services for which the City of Rolling Hills contracts, and to make recommendations in writing for Council consideration, so that input can be furnished. CITY OF ROLLING HILLS ESTATES RE- GRANT APPLICATION 652 In a letter dated August 4, 1977 Mayor Peter Weber of the City of Rolling Hills Estates requested that the City of Rolling Hills support development of Ernie Howlett Park as part of a regional park complex to be developed under a grant for which the City of Rolling Hills Estates is applying. Mrs. Clifton explained that the City of Rolling Hills had previously approved the concept, but a change in form has made subsequent approval necessary. Following discussion, the Mayor requested that an appropriate letter of support be prepared for his signatures a.� August 22, 1977 CITY OF RANCHO PALOS VERDES- FAIR SHARE CONCEPT, SALES TAX 672 A letter dated July 27, 1977 from Ken Dyda, Mayor pro Tem of the City of Rancho Palos Verdes was presented to the Council. Mr. Dyda asked that the Council forward a letter to the State legislators urging them to consider corrective legislation incorporating the "Fair Share" concept of sales tax distribution. After discussing the matter, Mayor Crocker advised members of the Council that they were authorized to write individually if they wished, using City stationery. O.K. TINGLE, 15 BOWIE ROAD: GRADING REQUIREMENTS 683 In a letter to the Council dated August 12, 1977 Mr. O.K. Tingle, owner of property at 15 Bowie Road, requested relief from the 2:1 slope requirement of the proposed grading ordinance. Mr. Tingle advised that his plans were approved by the Architectural Committee of the Rolling ,.Hills Community Association, and were submitted to Los Angeles County. Because of new slope requirements City permits cannot be issued, and Mr. Tingle advised that the new requirements would create more slopes on his property, make the lot less usable and diminish its value; he asked that the grading requirements be waived in this case, since all plans have been approved. Councilwoman Swanson said she is concerned about the height of the proposed driveway, which shows a 20% slope, and she moved that the matter be referred to the Planning Commission. Mrs. Clifton read into the record a letter from the County Engineer dated February 1, 1977, advising that prior to issuing a building permit for the property, all building code and engineering geology requirements would be met. Coun- cilwoman Swanson withdrew her motion following discussion of the pro- posed access. Mayor Crocker asked who the geologist is, and Mr. Tingle advised that Mr. Bruce Lockwood has done the required geological studies of the property. Mayor Crocker said that Mr. Lockwood has a clause in his contract which states that his liability is limited to $2500. It was the Mayor's recommendation that the Council should require that there be no exclusion as far as the City is concerned in agreements with Mr. Lockwood. The City Attorney said the Council could make such require- ment a condition of approval, and the City Manager was directed to so advise Mr. Lockwood. Councilman Rose moved that the request to waive the requirements for 2:1 grading be waived for Mr. Tingle on Lot 12 -CRA, 15 Bowie Road. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: Councilman Pernell MEURER ENGINEERING RE. CONSTRUCTION ON TRACT 32256 A letter dated August 8, 1977 from Mr. Roger Meurer regarding his subdivision and proposed building program on Tract 32256, Blackwater Canyon Road, was presented to the Council. Mr. Meurer advised that financial arrangements regarding sharing costs on the improvement of Blackwater Canyon Road and grading of a ten foot horse trail along the easterly side of Blackwater Canyon Road have been made with the devel- opers of Tract 33248, Additionally, a standard letter recommended by -2- 1 5, August 22, 1977 the Los Angeles County Road Department for obtaining the permission of other neighbors, Mr. and Mrs. John Farrow, 12 Blackwater Canyon Road, to accommodate some grading required by the ten foot horse trail has been prepared, Mr. Meurer said. Mr. Meurer explained that since 150% of the estimated cost is now required for bonding purposes, he wishes to complete the road improvements rather than post cash; however, he wishes to grade his property for construction of a residence on the newly created lot while the grading equipment is available, and before completion of the new road, to prevent damage to the new road. To permit the City to legally approve two residences on one lot, Mr. Meurer said he would be willing to post a bond to guarantee demolition of one of the residences in the event that the subdivision of his property was not completed.. Mayor Crocker said he would be opposed to making an exception for Mr. Meurer, since he does most of the engineering in Rolling Hills, and such approval could set a precedent for other subdividers in the City. 00 Councilwoman Swanson asked how close Mr. Meurer was to completing the ct subdivision; Mr. Meurer said the additional building site has been created in the Association, and completion in the City is very close. +=z Councilman Rose said if completion can be accomplished in the near ri,,,future, he would prefer to have the subdivision completed rather than make the exception, and he recommended that the Council assist Mr. Meurer in completing the subdivision, if possible. Councilman Heinsheimer said it is not obvious to him that a hardship exists. Mr. Forrest Riegel, Chairman of the Planning Commission, said the intent of the subdivision ordinance is to assure that improvements re- quired by both the Planning Commission and the City Council as a condition of approval are completed before any construction can be done. Mr.Kinley said that although Mr. Meurer does have two building sites in the Asso- ciation, no City building permits can be issued; it was his recommenda- tion that'the Council not make an exception for Mr. Meurer. Following the discussion Councilwoman Swanson moved that Mr. Meurer's request for permission to construct a new residence on his property be- fore his final map is recorded be denied. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES.- Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: Councilman Rose ABSENT.- Councilman Pernell With regard to the matter of slope easements, Mr. Riegel advised that the Planning Commission required that the property adjacent to Blackwater Canyon Road owned by Mr. Farrow be graded to accommodate a ten foot horse trail. Mr. Meurer advised that the condition was imposed because there is not sufficient area on his side of Blackwater Canyon Road to accommodate the horse trail; his property will accommodate the requirement that Blackwater Canyon Road be widened from 16 feet to 20 feet. Mayor Crocker said it was his understanding that granting a slope easement agreement would not disturb the ownership of the property or the easement that now exists, would not create any new easements, or would not shift the burden of maintenance; Mr. Meurer said that is so. Councilwoman Swanson moved that the slope form letter be accepted by the Council subject to approval by the City Attorney. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES.- Councilmembers Heisheimer, Rose, Swanson, Mayor Crocker NOES: None ABSENT.- _ Councilman Pernell -3- 396. ORDINANCE NO. 153., GRADING August 22, 1977 1160 Councilman Rose moved that Ordinance No. 153 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 133 "AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE CONTAINED IN THE 1975 EDITION OF THE BUILDING LAWS PUBLISHED BY BUILDING NEWS, INC., FOR AND INSTEAD OF THE PRESENT BUILDING CODE AND MAKING OTHER AMENDMENTS", which was introduced at the meeting on August 8, 1977 be adopted, and that reading in full be waived. 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: Councilman Pernell CONFORMANCE OF CONSTRUCTION WITH PLANS SUBMITTED 1265 Councilwoman Swanson said a County ordinance which prohibits con- struction of any structure within five feet of a slope has not been enforced in Rolling Hills. Further, Councilwoman Swanson said that in reviewing plans in connection with the proposed grading ordinance, she had determined that in some cases construction was not done as shown on the plans submitted and approved. Mayor Crocker said the County Engineer compliance when making inspections for the to write to the County Engineer and request regard to construction. BONDING REQUIREMENTS FOR SUBDIVISION Mr. Riegel said that since there for subdivision approvals, it was his in requiring that the improvements be the final map. Councilman Heinsheimer Commission be requested to review the to the Council. The Mayor so ordered. should check City, and he they enforce plans for asked Mr. Kinley ordinances with seems to be a problem in bonding opinion that there might be merit completed prior to recordation of suggested that the Planning matter and make a recommendation RESOLUTION NO. 390 - SAFE STREETS ACT 1761 Councilwoman Swanson moved that Resolution No. 390 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALI- FORNIA AUTHORIZING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF ROLLING HILLS for participation in a project designated the South Bay Regional Burglary Team be adopted, and that reading in full be waived. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: Councilman Pernell RECESS The meeting was recessed at 9:15 P.M. to an executive session to discuss possible litigation, and was reconvened at 9:35 P.M. -4- August: 22, 1977 ALLOCATION OF FUNDS FOR DRAINAGE FACILITY 1336 Mayor Crocker reconvened the meeting and stated that in executive session the Council had discussed the drainage problems on the Dr. Sam Wolinsky property, and agreed that there should be an allocation of funds in the budget to solve drainage problems. Councilman Heinsheimer said he would recommend that an allocation of $10,000 be made, to be kept in a fund similar to the Underground Utilities Fund, to be available to help solve certain drainage problems if a request is approved by the Council. The Council concurred with Councilman Heinsheimer's recommendation, and with his qualification that the allocation should not be interpreted as an admission of liability in any of the cases presented to the Council. Councilman Rose agreed that the item should be included in the budget to eliminate any possibility that the allocation could be considered a gift of funds to assist a resident to solve a drainage problem. Councilwoman Swanson said she concurred, and the Mayor asked that the record reflect that the Council concurred unanimously with Councilman Heinsheimer's CC recommendations. Dr. Sam Wolinsky, 8 Reata Lane, advised the Council that he considers .�� the City liable for recurrent problems on his property due to original insufficiencies in the installation of drainage facilities. In answer to questions from the Council, Dr. Wolinsky said he does not know the cost of solving the problem. Councilwoman Swanson asked that estimates be submitted at the next meeting, if possible. Following the discussion, Councilman Rose moved that the sum of $10,000 be included in the 1977-78 Budget as a line item shown as Drain- age Facility, under Public Works. ,The motion was seconded by Council- woman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: Councilman Pernell RESOLUTION NO. 391 - ADOPTING A BUDGET FOR FISCAL 1977778, 1597 Councilman Heinsheimer moved that Resolution No. 391 entitled A RESOLUTION ADOPTING A BUDGET FOR THE CITY OF ROLLING HILLS FOR THE FISCAL YEAR COMMENCING JULY 1; 1977 AND ENDING JUNE 30, 1978, AND FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY OF ROLLING HILLS DURING THE FISCAL YEAR, as amended to include an allocation of '°$,20, -000_ -for the following: $10,000-for.dra-3-nage facilities, $10,000 added to the reserve fund,. ;be -adopted,, and-that,.reading in full be waived. The motion was secon- ded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: Councilman Pernell RESOLUTION NO. 392 - FIXING THE RATE OF TAXES FOR FISCAL 1977-78 1715 Councilman Heinsheimer moved that the tax rate be set at $.25 per $100 assessed valuation, and that Resolution No. 392 entitled A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, FIXING THE RATE OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1977 AND ENDING JUNE 30, 1977 be adopted, and that reading in full be waived. The motion was seconded by Councilman Rose and carried by the following roll call vote: -5- August 22, 1977 AYES- Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES- None ABSENT- Councilman Pernell c RESOLUTION NO. 393 - DAPPLEGRAY PARK A resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING APPLICATION OF ITS 1974 STATE GRANT FUNDS FOR DAPPLEGP&Y PARK IN THE CITY OF ROLLING HILLS ESTATES was held on the recommendation of the City Attorney for clarification of SECTION 50 PROPOSED ORDINANCE, INSTALLATION OF FIRE RETARDANT ROOFING 1791 Councilman Rose moved that a proposed ordinance pertaining to installation of fire retardant roofing material over weatherproofed solid sheathing, entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 133 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE CONTAINED IN THE 1975 EDITION OF THE BUILDING LAWS AS PUBLISHED BY BUILDING NEWS, INC, FOR AND INSTEAD OF THE PRESENT BUILDING CODE, AND MAKING OTHER AMENDMENTS" be introduced, and that reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES- Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES- None ABSENT- Councilman Pernell LOS ANGELES COUNTY FIRE DEPARTMENT REPORT The Los Angeles County Fire Department Activity Report for May 1977 was received and filed. DEPARTMENT OF COUNTY ENGINEER 1787 A letter dated July 29, 1977 from Ivan Me Bullum, District Engineer regarding Solar Devices on Fire Retardant Roofs was received and filed. REHABILITATION OF PROPERTY AT 88 SADDLEBACK ROAD 1841 Mr. Kinley advised the Council that the attorney for Mrs. Anna Ma Littlejohn, owner of property at 88 Saddleback Road, advised him that Mrs. Littlejohn had hired a contractor to begin to rehabilitate the property. Mr. Kinley said it had been determined that no work has been done, and a 60 day extension of demolition proceedings requested by Mrs. Littlejohn would not be granted by the County Engineer unless it could be determined that work had actually begun on the property. VOTING DELEGATE, LEAGUE OF CALIFORNIA CITIES CONFERENCE 1859 Councilwoman Swanson said she plans to attend the conference of the League of California Cities in San Francisco, and asked that she be appointed voting delegate by Council action, Councilman Rose sug- gested that the Mayor appoint Councilwoman Swanson voting delegate for the City of Rolling Hills, and that the City Manager advise the League of the appointment. The recommendation was approved unanimously by the Council, and the Mayor so ordered. am Ll 399 August 22, 1977 RESOLUTION BANNING FIREWORKS 1861 Councilwoman Swanson reported that a proposed resolution banning the sale of fireworks, proposed for a vote at the League's annual meeting, failed in Committee and on the floor. The State Directors of the League have filed an "11th Hour" resolution against the sale of fireworks for consideration on August 26, and she asked that a letter be sent, signed by the Mayor, urging that the resolution be adopted. Councilman Heins- heimer suggested that a telephone call be made instead, and the Mayor so ordered. UNLICENSED DOGS The City Manager distributed a list of residents who had not li- censed their dogs as of August 22, 1977° The Mayor asked that the list be further broken down to show which of those residents are not in com- pliance with the ordinance with regard to the number of dogs owned. Qc PLANNING COMMISSION ACTION In memoranda to the Council dated August 22, 1977, the City Clerk reported that the Planning Commission had taken the following actions: At the regular meeting on August 16, 1977, the Commission approved a request by Mr. and Mrs. .Tames Harper, Lot 1 -B -EF, 18 Wideloop Road, for a Conditional Use Permit for a residence addition which would ex- tend'a non -conforming extension into the side yard. The approval would become effective September 5, 19770 :At an adjourned meeting on August 22, 1977, the Commission approved a request by Mr. and Mrs. Charles Thornton, Lot 31-RH, 7 Williamsburg Lane;'for a Conditional Use Permit for construction and brick paving in the front yard setback, subject to the condition that the projection into the front yard not exceed 9', as shown on the approved plan, and with 'ehe stipulation that the width of the walkway not exceed 4'o The effective date of the approval is September 12, 19770 . Councilman Heinsheimer moved that the Council take no action on either matter. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: Councilman Pernell ESTIMATE, BROOKS ELECTRIC Mrs. Clifton reported that the electric meters at the gate house and tennis court are tied together, and in order to get a separate reading on usage by the tennis courts, a 50 amp. meter would have to be installed. Cost of the installation has been estimated at $247000 by Brooks Electric. Councilman Rose moved that the Council approve an expenditure not to exceed $2.60000 for the installation. The motion was seconded by Councilman-Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: Councilman Pernell -7- 40 0 August 22, 1977 FIELD TRIP TO TUCKER PROPERTY A field trip to the Dr. Edward Tucker property at 3 Packsaddle Road West was scheduled for 9a00.A.Mo Saturday, August 27, 19770 APPOINTMENT TO JUVENILE DIVERSION PROGRAM Mrs. Clifton reported that Mrs. Betty Hesse had regretfully declined an appointment to the Juvenile Diversion Program because of other commit- ments. The Council asked that resumes presented by residents be made available to them. ADJOURNMENT The meeting was adjourned at 10.40 P.M. Mayor - o City Clerk