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12/12/1977CD 0 Q Q Q MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA December:;12;;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, December 12, 1977. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CALL TO ORDER . .. . Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker None Teena Clifton William Kinley June Cunningham Douglas McHattie Mrs. Agnes Moss Tracy Moss Michael Kochan Dr. & Mrs. R. Hoffman Mrs. C. Kelly Mrs. B. Raine K. Tabatabay Dr. P. Toma Dr. S. Wolinsky Mr. & Mrs. L. Wooden 798 City Manager City Attorney Deputy City Clerk South Bay Engineering Corp. P.V.P. Community Center Manager, PV Properties Residents Mayor Crocker called the meeting to order. and announced that members of the Council would adjourn to an Executive Session to discuss possible litigation. The meeting was recessed at 7:35 P.M. and reconvened at 8:15. APPROVAL"OF MINUTES The minutes of the meeting of November 28, 1977 were approved and accepted as amended on a motion made by Councilman Rose, seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson NOES: None ABSENT: None ABSTAINED: Mayor Crocker FINANCIAL REPORT 820 The Financial Report for November 1977 was approved and accepted as presented on a motion made by Councilwoman Swanson, seconded by Councilman Rose and carried by the following roll call vote: AYES: NOES: Councilmembers Heinsheimer, Pernell, Rose, :Swanson Mayor Crocker None ABSENT: None r� December 12, 1977 PAYMENT OF BILLS Councilman Rose moved that Demands No. 6650 through 6703 in the amount of $35,830.63 be paid from the General Fund with the exception of Demands Nos. 6668,. 6678, 6679and-6683, which are void. The motion was seconded;by Councilman Heinsheimer.and carrie by the following roll .call vote: -. AYES: Councilmembers Heinsheimer, P.ernell, Rose, Swanson' NOES: None ABSENT: None PROPOSED ANNEXATION TO FLYING TRIANGLE EXTENSION 853 Mr. Douglas McHattie, South Bay Engineering Corporation, posted a large map colored to show property in the City of Rancho Palos Verdes owned by Palos Verdes Properties, and a parcel of land consisting of approximately six acres, proposed by the owner of property in Rolling Hills known,as the.Flying Triangle Extension to be annexed to that property. Smaller copies of the map colored to show the proposed An- nexation were distributed to the Council. Mr. McHattie said the slide area in Rancho.'Palos Verdes was also.defined on the .large map. Mr. Michael Kochan, Manager of Palos Verdes Properties, advised the Council that the present zoning in the area is one unit per acre, but under Rancho Palos Verdes zoning regulations cluster development is permitted, which could result in a concentrated development of resi- dences, surrounded by open area. Mr. Kochan said there are six acres in the parcel, and it was his opinion that at least five of the parcels could be developed. Councilman Rose said that if the property were annexed to the Flying Triangle'Extension it would come under the RAS -2 zoning in that area. He.said he felt more information is needed before he would be ready to vote on the matter. Mayor Crocker said that as stated on the printed agenda, no action would be taken until Council members made a field trip to the site. Councilman Pernell said he felt additional information was needed before'a field trip was scheduled, and he said he wished to have a presentation showing the advantages and disadvantages of the proposal. Councilman Heinsheimer agreed that the presentation should be made before the field trip. Dr. Richard Hoffman, 73 Portuguese Bend Road, said there is great concern among the residents of the Flying Triangle about the proposal, and he asked that good communication be developed between the Council and those residents, so that everyone can be fully informed. Dr. Hoffman noted that the map did not show a green belt in the proposal, and he said the annexation could set a dangerous precedent for Rolling Hills. A letter dated December 12, 1977 from Dr. Larry Kelly, 2 Pinto Road, was read into the record by Mayor Crocker. Dr. Kelly said the impact of the proposed 19+ acre subdivision on the Flying Triangle cannot be ade- quately analyzed, and there are several vacant parcels in the Flying Triangle which will be developed in the near future. Development of the combined acreage may put a strain on the roads and en-iironment of the Flying Triangle, and Dr. Kelly said that at this time he would oppose annexation of six additional acres to the Flying Triangle Extension. Mr.. McHattie advised the Council that the land in the existing Flying Triangle Extenaiori will -be developed into sovgn, parce.la , ` and, -if '.the additional ` land id annexedi,only two more lots could.be added under zoning regulations in the Flying Triangle. -2- ',.t:_December 12, 1977 the,,,City; could negotiate the total n=ber;;--.*f' 4-qYel;pp--ed. as a-condigloq.— of approving the annexation. Mr. Kinley said -it could not be done as a t4,om' -,but-., into -a coven,ant-,,cjwi:e,li,,,,the-,--o,wner-,y,-t.eg:ard-ing the- ;-total;- number ,-of -lots to be,. deve,Ae,-A Jbpixiv,e�xchange�.,f o'r'-.app:ro.val-- _ =she =annexation,, and, a: similar.,,,,.,,,, M� , covenan�t,':,Ic t -q� y; s Conpur�i°ty ­ Assoi,adivation �wtith.,_rp deedrestrictions 4#P- V Councilman Pernell said he would oppose basing the approval 01- E, annexation sdIdly on the ngmberi ;felt Counctl,ahould- L.A I . 1, 1 -hp, _Ea, - _ ... I - - wait for the applicant to�-sj�6dify-'"thd"niimb'i�'it�'-df"-'Ib-t-s-iti-'-an,app.L3.ca�i3..O,n- to subdivide --,the: proper.ty,,_since an additional acreage !annexed would any become,lp.Ar.t of-ithe,-Flyiii. '..,.Triangle Extension. Councilman Heinsheimer said the Council i-s.congide.-ring an .initial proposal,, not a subdivision map, and, the ,-,,,ma-ta;er,,should:,.not be referred to the Planning Commission (0 until * �It; i -s- 'demonstrated toi the Council that the annexation would e " CO in the beat.-Anterest of -the community. Councilwomafi Swanson asked 0 about geology in the area. Mr. Kochan and Mr. McHattie said tfie-geol' ogy report -:for the entire area was prepared by Converse, Davis and Associ- ate.s.. Mayor Crocker said that at the appropriate time a member of their staff would be asked to attend a Council meeting to discuss the geology.,. Mayor -Crocker said the Council needs the.opinion of Co ' unty Road',. Department staff regarding the capacity of Portuguese Bend Road, espe- cially if an additional burden 'is put on the road by further development of properties. Councilman Heinsheimer suggested that the Road Department ber:asked to'comment on other access to the property, also. Mrs. Clifton said she had discussed the matter briefly with the City Manager of Rancho Palos Verdes, and would be willing to meet again with Mr. Wood and with members of the Rancho Palos Verdes Planning staff to discuss the matter further. Councilwoman Swanson said the burden of proof should be on the owner, and there should be no cast to Rolling Hills at this time, inclu- ding staff time. Mayor Crocker said it is important for Rolling Hills to be fully informed'in the matter, including the density)propesed'for* development in Rancho Palos Verdes adjacent to the property under consid- eration, capacity of the roads, access, costs involved, so that the Plan- ning Commission can have that information if requested by the Council to review the matter. .'.C.0ouncilm'an Rose moved -that the proposed -annexation of land to the Fly',in&=Tr%iangle Extension be referred to the Planning Commission with a request -,that they use their discretion about what information and staff times tHey' -, need -in order .to make a recommendation to the Council. The , motion was seconded by Councilman Pernell and carried by the following -AY !ES-" -Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor ,Crocker NOES: None f.,ABSENT: None Mayor Crocker directed that the matter be referred to the Planning -,-Commission with a copy -of - the ---City- Council-- minute's and a request that--the-- Commission consider geology, traffic and feasibility of the proposed an- nexation to the Flying Triangle Extension. Further, the Mayor said he wished the Commission to state the total number of lots which they can foresee as the final number of lots to be developed in the area. Council- man Pernell said that since there are 200 acres in Rancho Palos Verdes contiguous to Rolling Hills, annexation of seven acres would constitute only 3% of the total, and'it was his feeling that Rolling Hills 'should not spend any staff time on the"matter until additional information is avail- able. The City Manager was requested to make the geology report available to the Planning Commission, as well as services of a qualified engineering geologist, since Councilwoman Swanson has expressed concerns about safety and stability in the area. Mrs. Clifton explained that the County Engin- eering Geologist Hills on a contractual basis. Councilman Rose said he - ­_ Z - - thought the ogist serves R -feasibility- -of - _annexation --sli6ul-d--be--considered. Councilman Heinsheimer asked about the procedure for annexation, and Mr. .Kinley said it would be necessary to obtain thelegaldescription of the P. December 12, 1977 property, and to have resolutions of de-annekatior/annexation prepared for submittal to the Los Angeles Formation Committee. w Mrs. Carole Hoffman asked that. all-residents!,be advised in the Newsletter about the date's -'of meetings,''at which. the matter will be con- sidered,,r and that- residents'.:of t.the Flying.. Triangle be consulted and be permitted to contribute to :the �A stussions% -Mayor. Crocker said. the Planning Commission agenda' wou1d'� ,,b'e 'printed .int the :Newsletter, and. the residents would be advised of any public hearings. DRAINAGE PROBLEM, DR. SAM WOLINSKY, 8 REATA LANE 1182 Mayor Crocker asked the City Attorney to report on the executive session held by the Council to. consider the Wolinsky drainage problem. Mr. Kinley reported that he had carefully reviewed all available in- formation regarding the drainage on Lots 22-B and 17-D, owned by Dr. Wolinsky, using records which date back to 1960, maps which were pre- pared in 1956, and a report from South Bay Engineering Corporation as to what the surface flow of water is in the area under discussion. After. -reviewing all the information, Mr. Kinley said he applied the facts= itd: k.,the!,- law as:--'he,-.read-s:-.it,- -and is of the opinion that the City's . ,liability for the drainage problem on the Wolinsky property is nil, and he suggested to the Council that he be authorized to confer with Dr. Wolinsky's attorney to explore settling the matter on a basis which would be satisfactory to Dr. Wolinsky and his attorney. Councilman Rose moved that the Council accept Mr. Kinley's recom- mendation and authorize him to enter into such negotiation. The motion `gas seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None PALOS VERDES PENINSULA COMMUNITY CENTER 1207 Mrs. Agnes Moss, Chairwoman of the Steering Committee for a Palos Verdes Peninsula Community Center, addressed the Council and requested support for development of a Palos Verdes Peninsula Community Center.. Total peninsula population is approximately 70,000, Mrs. Moss said, and development of needed facilities should be supported by all cities on the Peninsula. There are a number of locations which might be available which meet the criteria of being close to the center of the Peninsula and to transportation, and there are a variety of sources for funding, including State and Federal funding, as well as support which is'alti- cipated from cities, industries and individuals, Mrs. Morse said. Councilman Pernell said that when similar concepts for a community center were presented in the past it was the consensus of persons con- tacted in Rolling Hills that such a facility was not needed, and he asked whether a feasibility study on the need for a community center had been done. Mrs. Moss said extensive studies were conducted which indicate that there is a need, not by the individual cities, but by the community. oune'i:7mn Rot errerdz:t.Y.th �Yt,aotd -'in ' s-uppnzira�df ,thea cbft ixirf b 1ity.JD- ci�`ueTop:ing FCouncilman Heinsheimer and carried RoYling ,on HEF41 —`''`'Tlk �:. �" wa econded by by the following roll call vote: -4- i- 5 December 12, 1977 AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES:. None ABSENT: None Councilman Heinsheimer suggested that Councilwoman Swanson be appointed as liaison member of the Council to represent Rolling Hills in the study. The Mayor so ordered, and Councilwoman Swanson agreed. DR. PAUL TDMA, 5 CREST ROAD WEST 1299 The City Manager advised the Council. that Dr. Paul Toma, 5 Crest Road West, had entered into an escrow agreement to sell his property to Mr. Kewmars Tabatabay, and they were present at the meeting to re - (.0 quest relief from conditions of approval imposed by the Planning Com - (o mission on December 28, 1965. O Mrs. Clifton read into the record a letter dated January 11, 1966 Q executed by William Kinley, City Attorney, Paul Toma and Catherine Toma, Q which stated that the Planning Commission had granted a variance which Q would permit the Tomas to retain on Lot 55-B, Miscellaneous Parcels, a servants quarters with kitchen facilities upon condition that the build- ing shall be occupied by servants only; the variance shall exist only as long as the Tomas, or either of them, are owners of the fee title to said property and would terminate when the property was conveyed or leased to anew owner or lessee; that ten days' notice in writing be given to the Rolling Hills Planning Commission prior to sale or lease of the property of the intention to sell or lease, and prior to the '=-?aof the property all kitchen facilities in the accessory build- ing would have to be removed; and that the applicants agreed that there would never be -more than one family residence on the property, or occu- pied by more than one family, except in accordance with conditions set forth in the granting of the variance. Councilman Pernell stated that although he was on the Planning Commission when the variance was granted, he and Dr. Toma have become friends in the intervening years and he wished to abstain from the discussion. Councilman Heinsheimer said he would consider it unfair for the Council to waive the conditions imposed by the Planning Commis- sion when the variance was granted in view of recent decisions of the Council and Commission which have upheld the requiremetns of the building regulations and zoning ordinance. Mayor Crocker agreed that the Council should not grant relief in this case without following established pro- cedures. Mr. Kinley advised Dr. Toma and Mr. Tabatabay that the new owner could apply to the Planning Commission for a conditional use permit, but the original permit given by the Planning Commission in 1965 was valid only until the property was sold, and under conditions pet forth in the letter signed by the Tomas, the kitchen would have to be removed before title to the property is transferred. DR. iRONALD, SOMMER, 2.POPPYTRAIL 1442 In a letter to the Council dated December 4, 1977 Dr. Ronald Sommer advised that at the lower portion of his property at 2 Poppytrail is an area of approximately one acre purchased by the City from the previous owner, Bob Dunn, for a Western riding ring. Dr. Sommer said that at the present time the area is overgrown by weeds and dry brush, and he reques- ted permission to clear the brush and to plant trees and shrubs in the area to be maintained by him. Councilman Rose moved that the Council grant Dr. Sommer's request -5- December 12, 1977 9 to clear the brush and landscape the area, subject to approval of a landscape plan by the City Council prior to implementation. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None LOS ANGELES COUNTY FLOOD CONTROL DISTRICT 1474 In a letter to the City Manager dated November 28, 1977 from Los Angeles County Flood Control District, Mr. Ko We Kummerfeld, Division Engineer, advised that correction of a posting error in the account for the 1970 Bond Issue Project No. 6650, Unit 2, eliminated the pre- viously indicated balance of $1,007 in the project account. The letter was received and filed. RIDING RING,' LOT 7, TRACT 29383, CLIFTON HIX 1490 The Manager reported that she.had attempted to obtain three estimates for a drainage line in the riding ring on Lot 7 on Buggy-, whip Drive as recommended by Mr. E. Le Pearson. Two of the persons contacted responded, and the Manager presented bids as follows:. Install storm drain per plan southwest corner of arena to existing ditch below, approximately 60 feet, 12" CMP: Chet Kohler Construction - $1800; Atlas Cesspool Service - $3200. Mrs. Clifton said Mr. and Mrs. Hix will pay cash for the drain installation, with the understanding that the bond in the amount of $9700 for labor and materials and $4850 for faithful''performance posted by them for the ririg .will be released. A motion to accept the bid submitted by Chet Kohler Construction Company in the amount of $1800 and to'releage the'bond-posted by Mr.' and Mrs. Hix upon receipt of their deposit to cover the cost of instal- lation of the drainage line was made by Councilman Rose, seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None The Manager was directed to advise Mr. and Mrs. Hix of the amount of cash required, and that the bond would be released when the money is deposited. INSTALLATION OF POLE ON EASTFIELD DRIVE 1505 Councilman Rose said that after viewing the Leeuwenburgh property at 12 Eastfield Drive and the Gauvreau property at 2 Roundup Road, he. would not be in favor of approving installation of a power pole between the properties. Mayor Crocker and other members of the Council agreed that the matter of service, which has been disrupted because of an ex- tensive addition to the Leeuwenburgh property which required that under- ground utilities be installed, should be worked out between the residents involved and the contractor. The Mayor ordered the matter removed from the agenda until the residents are ready to report further on the matter.,' IM December 12, 19-77 COUNTY -CITY CONTRACT COMMITTEE MEETING 1550 Councilwoman Swanson reported that she attended the County -City Contract Meeting on November 30, 1977° Most of the cities represented at the meeting felt that the District Attorney does not always enforce their. regulations satisfactorily, she reported, and they were assured that the Deputy District Attorney would assist in enforcement, especial- ly the animal control ordinance. Councilwoman Swanson suggested that the City Manager be requested to present a written report at the next meeting regarding the final action of the District Attorney in recent complaints by the City of Rolling Hills of violations of Ordinance No. 143 with re- gard to the number of dogs permitted. RUBBISH FRANCHISE 1619 Councilwoman Swanson said she wished to address a problem she and (0 other residents are experiencing with Browning-Ferris Industries, the (.0 company with which the City contracts for ztibb sh service. Mayor Crocker said that in most cases the terms of the contract are Q specific, and arrangements can be -made with the company for additional Q services which may be required, at additional cost to the residents Q Councilman Heinsheimer said the telephone number has- been made available to residents and complaints should be made directly to the rubbish ser- vice, rather than to City staff. PROPOSED PENINSULA COUNTY 1665 Councilman Rose said he was contacted by Councilman Jerry Belsky of Rolling Hills Estates regarding the proposed peninsula county;:;.and was advised that the City of Rolling Hills Estates intends to express their opposition to the proposal at the meeting to the County Formation Review Commission for Proposed Peninsula County on January 11, 19780" Councilwoman Swanson said she had also been contacted by Rolling Hills Estates Councilwoman Nell Mirels on the matter. Councilman Rose said that if there is a Peninsula County, it should contain all four Peninsula cities; any new county which breaks off from Los Angeles County should contain all four cities, rather than Palos Verdes Estates in one County and the other three cities in another county, as currently proposed. Following discussion of the matter, Councilman Rose moved that the Rolling Hills City Council oppose a peninsula county as presently pro- posed, which would include Rancho Palos Verdes, Rolling Hills and Rolling Hills Estates, and would not include Palos Verdes Estates. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Councilman Heinsheimer suggested that Chairperson Robert Mallano of the County Formation Review Commission, Councilman Belsky and other interested parties be advised that the Rolling Hills City Council is of the opinion that it is not in the best interest of the community for the Council to support a move to form a new county. Councilwoman Swanson suggested that Councilman Heinsheimer represent Rolling Hills at the meeting of the County Formation Review Commission on January 11. Coun- cilman Heinsheimer said he would be willing to do so, if time permits; otherwise he would participate to the extent possible, and make his in- formation available to another member of the Council who may be able to attend the meeting. -7- s,' ,.December 12, 1977 ORDINANCE NO. 155; -1766 _ .. Councilman; He11 in'shei:mer moved that..Ordinance No. 155 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 33 EN TITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR ZONING IN SAID CITY which was originally introduced on November 14',.- 1977 and subsequently amended, be introduced as amended, and that reading in full be waived. The motion was seconded by Councilman Rose and car- ried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None REMOVAL OF ADDITIONAL UTILITY POLE 1790 Councilman Pernell said that while on a field trip to the Leeuwen- burgh and Gauvreau properties he noticed that there is another pole on the Wiater property which could possible be'removed, and he asked that the City Manager investigate the possibility and report to the Council. UNAUTHORIZED GRADING AND PAVING ON OLSON PROPERTY, ROUNDUP ROAD, 1794 Councilman Pernell asked whether anything had been done about un- authorized grading and paving on the Olson property at 5 Roundup Road. The Manager said a letter had been written. Councilman Pernell said :approximately 2,000 square feet of paving had been installed to park a r,e:creation vehicle, and he suggested that the matter of off-street park-. ing of recreational vehicles be considered by the Traffic Commission at their next meeting. CONSTRUCTION ON BURKE PROPERTY, 33 CREST ROAD EAST 1815 Mrs. Clifton reported that Mr. Dan Burke had advised her that he would apply to the Planning Commission for a conditional use permit for a paddle tennis court at the January meeting, since he was unable to meet the time constraints for the December meeting, which was held early because of quorum problems. Further, Mrs. Clifton said South Bay Engineering Corporation had been hired at the request of the Rolling Hills Community Association to determine the elevation of the residence, and whether it was'.built-accotding to plan. SURVEY OF ROADS FOR SAFETY PURPOSES 1860 The Manager reported that she was advised by the Automobile Club that the requested survey of roads in Rolling Hills for safety purposes was beyond their scope, and she asked for authorization to make the re- quest of the County Road Department. Authorization to proceed was given unanimously by the Council. CONSTRUCTION ON JOHNS -CANYON ROAD 1869 Councilman Heinsheimer asked that .the City's Building Inspector be asked to make'an inspection of residence construction on property at 8 Johns Canyon Road and make a report to the Manager. PUBLIC HEARINGS 07 (1-3) The City Attorney requested that public hearings be scheduled for new ordinances adopting the County's Building Code, Mechanical Code and Plumbing Code. Mayor Crocker said it has been determined that there would not be a quorum of members available for the next regular Council meeting on December 27, and the public hearings were scheduled for the first regular meeting in January. December 12, 1977 NEW SUBDIVISION ORDINANCE 9 Mr. Kinley said a new subdivision ordinance is ready for review, and copies will be sent to the Planning Commission members for comment. REQUEST FOR STOP SIGN AT EASTFIELD GATE 13 Councilwoman Swanson said one of the members of the Rolling Hills Traffic Commission has recommended that a stop sign be installed in the in -bound lane at the Eastfield Gate, and she asked that the matter be scheduled for discussion at the meeting of the Traffic Commission. ADJOURNMENT 25 There being no further business to come before the Council,. Mayor Crocker adjourned the meeting at 10:25 P.M., to reconvene on Monday, (.0 January 9, 1978 at 7:30 P.M. co O Q _ Q Cit4Z4�� APPROVED: I :: aZ4 V Mayor L--' ■m I