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2/27/1978M MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILL, CALIFORNIA February 27,1978 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, February 27, 1978, ROLL CALL PRESENT: Councilmembers Heinsheimer, Pernell, Swanson, Mayor Crocker ABSENT,. Councilman Rose ALSO PRESENT,. Teena Clifton City Manager Peggy Minor Secretary Norman Rasmussen Attorney Larry Tracy Attorney Mike Kochan Palos Verdes Properties Dr. & Mrs. Larry Kelly -Residents Mr. and Mrs. George Barr Residents Mr. and Mrs. Charles Thornton Residents Mr. and Mrs.•Ron.Barak Residents Mr. and Mrs. Andy Peterson Residents Mr. and Mrs. James Biby Residents Caro:le.Hoffman Resident Forrest Riegel Resident .Patty Hansen Resident Peggy Stoker Resident Kip Goldreyer Resident Herb Webb Resident Eric Heinshea-mer Resident H. Heinsheiiner Resident id Kunda Resident. Michael Weller Resident Flora Hummel Resident Juanita Crane Resident Velma Matthews Resident Beverly Pernell Resident Helen, Lin, Mary Lou Crocker Residents John Farrow Resident Jan : B'. Terry Resident Veronica Basque Resident Ailsa Lyle Resident. R. A. and Helen Meurer Residents Mr. and Mrs. H. Prodromides • Residents L. A. Wooden Resident Doug Mc Hattie Civil Engineer Other residents not identified Lorenzo Courtright City Treasurer 7 L e� February_27, 1978 APPROVAL OF MINUTES The minutes of the meeting of February 6, 1978 were approved as corrected and accepted on a motion made by Councilman Heinsheimer, seconded by Councilmember Swanson and carried unanimously. FINANCIAL REPORT Councilwoman Swanson and City Treasurer Courtright presented financial report dated January 31, 1978, Mrs. Swanson explaining different line items in detail, recommending that the report be accepted and approved. It was moved by Councilman Heinsheimer, second- ed by Councilman Pernell and carried by -the following roll call vote that the report be approved and accepted as presented: Ayes: Councilmembers Heinsheimer, Pernell, Swanson, Mayor Crocker Absent: Councilman Rose PAYMENT OF BILLS Councilman Heinsheimer moved that Demands No. 6833 through 6872 in the amount of $17,949.66, with the exception of Demand No. 6871 which was voided, be paid from the General Fund. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: Ayes: Councilmembers Heinsheimer, Pernell, Swanson, Mayor Crocker Absent: Councilman Rose APPOINTMENT TO ENVIRONMENTAL QUALITY BOARD Mayor Crocker stated that letters expressing interest in the Environmental Quality Board vacancy have been received from Grace A. Nixon, Robert Kercheval, David W. Croft and Veronica Basque. Council- man Pernell indicated gratitide for the excellent response and requested the matter held on the agenda for Chairman Pernell's review. SWIMMING POOL SAFETY - URGENCY ORDINANCE NO. U-36 1-181 Mrs. Suzanne Thornton, 7 Williamsburg Lane, appeared before the Council, stating that she has recently been very concerned for safety of children in the community due to the lack of a requirement that swimming pools be fenced, citing the recent tragic pool accident in which young Jeffrey Doughty was involved and which had prompted her to circulate a petition, in the community. She presented a statement entitled "Help Save Our Children"which was signed by signatures representing fourteen (14) Rolling Hills families who agree with her concerns. Several residents expressed opinions both for and against the requirement that pools be fenced and following the discussion, Mayor Crocker'requested'.a show of hands, then declaring that residents ,� -2- 42 February 27, 1978 appear to be evenly divided as to opinions that the burden should be on persons with children to fence them into their own yards vs. those who felt that pool owners should provide a fence on individual pools. Councilman Heinshe,imer stated that the Council encourages residents to provide pool safety and in a.n.effort to assist them in securing the necessary permits without delay, he moved that the Council adopt an Urgency Ordinance No. U-36 amending Section 1.25 of Ordinance 33 as follows: "Section 1.25: Structure Walls, Fences. A.nytb1ng:constr.ucted.,or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, but not including walls and fences nor other improvements of a minor character, nor safety fences surrounding swimming pools which meet safety and design standards of the building code." The motion was seconded by Mayor Crocker and carried by the following roll call vote: Ayes: Councilmbmers Heinsheimer, Pernell, Swanson, Mayor Crocker Absent: Councilman Rose Councilman Crocker requested the Manager to notify residents in the Newsletter that all property owners desiring- to"fence .their: --poo.] s should apply to the Community Association with regard to the design and esthetic considerations to comply with regulations governed by the Association. Mayor Crocker assured the residents of the Council's concern-, stating that the Council's legal counsel, William Kinley, will review the matter with possible refinement of the Urgency Ordinance at the next meeting with a public hearing scheduled next month to discuss the matter of requiring'fencing on all pools. Ordered held on the agenda. UNEMPLOYMENT INSURANCE PROGRAM 403 City Treasurer Courtright stated that effective January 1, 1978 all cities are required to provide unemployment insurance for emploYees; there are various plans offered which have been studied by staff and Councilwoman Swanson and their recommendation is that the Council elect the option which is called "Local Public Entity Employees Fund", and that the Council take no action as the state law provides that the City will automatically fall under the kind of insurance program that they believe to be the best. Councilman Heinsheimer moved that the Council approve the recom- mendation as proposed. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: Ayes: Councilmembers Heinsheimer, Swanson, Mayor Crocker Abstained: Councilman Pernell Absent: Councilman Rose -3- fie • • 43 February 27, .1978 APPLICATION TO KEEP MORE ­THAN THREE DOGS_ 415 The Mayor'stated that -the Council .will- consider an application from Mrs. Velma Matthews, 11 Cinchring Road, for permission to keep more than three dogs under Article XIII, =Ordinance .No. 143, and asked if there were any objections received -to. th'erequest. The Manager reportedthat.,no objections Councilman Heinsheimer'moved that the late filing of the applica- tion by Mrs. Matthews for permission to keep more than three dogs be accepted.. The.motion was seconded by Councilman Pernell and carried by the following roll call vote: Ayes: Councilmembers Heinsheimer, Pernell,.Swanson, Mayor Crocker Absent: Councilman Rose FLYING TRIANGLE EXTENSION 422 The Council received for the record a letter dated February 21, 1978 from.Lowell A. Wooden, submitting a proposed Tentative Tract map for development of 25 acres known as the Flying Triangle Extension, requesting that the' Council approve annexation of the 6.08 acres that is adjacent to an existing 19 acres' owned by him. Mayor Crocker stated that a great amount of material has recently been received by the Council concerning the proposal which includes a brief and legal opinion from the City' Attorney, William Kinley,. indicat- ing his opinion that Palos Verdes Properties, the current owner of the 6.08 acre parcel, has legal access to the parcel through Rolling Hills roads.' Mrs. Carole Hoffman, 73 Portuguese Bend Road, appeared before the CoLincil as a representative of property owners in the Flying Triangle area; stating that although residents desire as little development as possible, if access is determined to be through Rolling Hills easements, the residents would want it to be a part of Rolling Hills, however, they questioned interpretation made by the legal counsel and indicated that they had been in discussion with an attorney with regard toanother opinion. She requested that copies of all docu- ments,available to the Council be provided for their- study. Forrest Riegel, Chairman of the Planning Comiriission� stated that informal discussions had been held with respect to the annexation and, the Commission felt there was no advantage to annexing the parcel if access is not through Rolling Hills; that the Commission wanted to see tentative proposals of a 19 acre subdivision as well as the 25 acres. Mr. Riegel stated than if access exists, he personally felt the annexation should be made. Mrs. Clifton reported that Councilman Rose had advised her by telephone -today that if it is determined that access exists through Rolling Hills roads, the Council should annex the six acres if Palos -4- February 27, 1978 Verdes Properties will agree to`release all access`claims to any part of the community as previously- discussed by the City Council with Larry Tracy, Legal Counsel for.Palos Verdes Properties. In reply to questions from Councilmembers, Larry Tracy stated that formal application for annexing the six acres would not be made by them; that the City should make that decision. Mr. Tracy expressed his agreement with Mr. William�Kinley, the Council's legal counsel, in that Palos Verdes Properties does have easements through Rolling Hill.s roads to the six acre parcel. He further stated that Mr. Wooden needs to have a decision soon with respect to the annexation in order to determine if the subdivision will -be 19 or 25 acres as the delay will cause additional financial considerations. He -further stated that if any conditions were placed on the annexation by Rancho Palos Verdes or LAFCO tahich were not acceptable to Palos.Verdes Properties that the corporation would reserve the right to,withdraw its support of the annexation. Following discussion, Councilman Heinsheimer requested a consensus of opinion from the Council that if access can be demonstrated the Council should proceed with annexation proceedings.- Councilwoman Swanson stated that she could not vote as there were other contingencies involved. Councilmembers Pernell and Crocker agreed that annexation should proceed if access is demonstrated. Thereafter, Councilman Hein- sheimer moved that the Council schedule a public hearing that reviews merits as to the issue of access only and make a finding as to whether the six acres does have access through the City of Rolling Hills, re- questing written briefs -by All' -interested parties tolbe submitted to the Council and made available for all interested parties at the City Hall no later than 7 days before that hearing; briefs and hearing limi-te"d-to the issue of access and that the finding of the Council be made and annexation decision proceed forthwith based on those findings. The motion was seconded by Mayor Crocker and carried by the following roll call vote: Ayes: Councilmembers Heinsheimer, Pennell, Mayor Crocker Noes., Councilmember Swanson Absent: Councilman Rose Councilmembers agreed that the public hearing date be scheduled for March 27th, and noting that a great volume of "information must be analyzed to provide an alternative legal opinion; directed that all documentation pertaining to legal -access be made available one week from today. Mayor Crocker further stated that normal Newsletter notice of the hearing would occur and requested the Planning Commission Chairman to discuss, if time permits, the question of access with the Commission and give advice to the Council. Councilmember Swanson presented a letter dated February 27, 1978 from Mr. and -Mrs. Don Borden; 63 Portuguese Bend Road, requesting the Council to consider very carefully the annexation matter. The letter was received for the record F -5- I. 11 CD O Q Q Q 45 Feb ru_Ary,,27 ,1 :1.978 Larry Kelly, 2 Pinto, expressed concern that a road feasibility study has not been made, Mayor Crocker stated that a road study would be done as a part of the subdivision which was not an issue at the present time; however, he directed that study be made of the South Portuguese Bend Road first when the road survey is made by the City and that residents be notified when the study is available. The City Manager- assured the Mayor- that it would be done and had been so directed to the Road Department who will do the study, TRACT N9, 3225E - ROGER ME_ 970 The Mayor stated that prior to leaving the meeting this evening, Mr. Roger Meurer had requested that the matter involving his subdivi- sion.be discussed at a later time. Mr: Norman Rasmussen, legal counsel representing Mr. John Farrow, and Mr. Farrow objected, stating that they were not advised of Mr. Meurer's request and expected the matter to be discussed. The Mayor apologized, stating that he was not aware of their presence and requested that Mr. Meurer be telephoned -and given an opportunity to return to the meeting. The secretary called Mr. Meurer and reported that Mr. Meurer did not intend to return to the meeting as he felt he would have nothing to contribute to -.the discussion. -Farrow and his attorney discussed the proposal and -expressed objections that a roadside trail be provided on the Farrow property due to'top'ographical conditions existing on the Meurer property which is being du -1 divided. Mr. Farrow presented a map showing existing trails in .the Blackwater`.Canyon area and a letter dated December 15, 1977 addressed'to the Planning Commission. A letter dated February 20, 1978 from John G. Rowe, President of Caballeros, advised that the Caballeros Board is'unanimous in its objection to a release of the subdividers. commitment'to.construct a 10 -foot wide level area adjacent to the road- side as shown on approved plans. Mrs. Clifton, City Manager, reported that she and Mr. William Kinley, Association Legal Counsel, had viewed the area and believe that a trail placed in front of the Farrow property would be dangerous and serve no purpose as it does not connect to other trails. ..Councilman Heinsheimer moved, for purposes of discussion, that the matter be resolved by dropping the requirement for a trail-,.to-the placed in the easement on Mr. Farrow's property. Councilman Pernell seconded the motion. Mayor Crocker requested Mr. Forrest Riegel, Caballeros member and Planning Commission Chairman, to clarify the request that a trail be provided on the Farrow property if it does not connect with a trail. Mr. Riegel stated that Caballeros is not recommending any expense to be made to continue the trail on Mr. Farrow's property; however, it has been the practice for subdividers to provide a 10' level unpaved area adjacent to the road to keep horses from walking on the road with the possibility of connecting unpaved area as future subdivisions occur. Mayor Crocker.stated that if Mr..Farrow is unwilling to place a .trail on his property as a part of the Meurer subdivision, the Council would not impose the condition. Thereafter, Councilman Pernell roved -6- February 27, 1978 that the motion be tabled. The motion was seconded by Mayor Crocker and carried by the following roll call vote: Ayes: Councilmembers Heinsheimer, Pernell, Swanson, Mayor Crocker Ab§ent: Councilman Rose Following discussion in which Mr. Farrow expressed objection to grading and construction of a retiiri.iig `wall on. his'pr:o'p&--rc' y. ' 1'— Crocker moved that assuming the fact that there is no easement ekisting on the Farrow property sufficient for construction of a trail, Mr. Farrow be absolved of any responsibility to bear the burden of the trail as a condition of the Meurer Subdivision, the decision in no way releasing the subdivider of his responsibility to satisfy trail requirements. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: Ayes: Councilmembers Heinsheimer, Swanson, Mayor Crocker Noes:- Councilman Pernell Absent: Councilman Rose Councilman Pernell explained his vote, stating that although he did not believe a trail could rightly be developed on the Farrow property, the manner in which the decision was made places the Council in a difficult position as the Council had previously assured Mr: Meurer thaj if a 10' trail could be developed on the Farrow property the condition imposed upon the subdivision would be met. Mayor Crocker requested that Mr. Mehir.er be!advised of the decision and tha-t he should provide an alternative trail to comply with subdivision requirements which can be considered at the next meeting. Mrs. Clifton sugested that Mr. Meurer study the matter with Mrs. Kip Goldreyer, trail liaison representative from the Board of Directors. The Council directed that Mr. Meurer be so advised. COUNTY -`FORMATION REVIEW COMMISSION FOR PROPOSED PENINSULA COUNTY 1290 Ordered held on agenda pending further reports. REVIEW OF ORDINANCE NO. 147 - GRADING PERMITS 1297 Held for discussion with Board of Directors of the Rolling Hills Community Association at joint meeting. BFI - RUBBISH COLLECTION STATUS REPORT1300 M . m Beverly Perfiell, `15 Flying Mane .Road, :expressed di§sat*i§fsction in ser -trice.. provided by.,.the rubbish'.company in that they have not collect- ed tree clipping bundles from her residence. Councilman Pernell requested that the information oncerning the 4' bundle collection provision be placed in the Newsletter. -7- 4'7 February 27, 1978 SCAG'S REGIONAL HOUSING ALLOCATION MODEL - UPDATE 1351 The Manager reported that a response had not been received.from the City�Counsel_`s letter_. Held on agenda.. -- -= - - - - - DRO HI TRACT 33322 06, S &_S CONSTRUCTION CO. SANN PE LL,R.P.V. 1365- Ordered held on agenda. RESOLUTION NO. 399 -911 EMERGENCY TELEPHONE SYSTEM 1374 Ordered held on agenda. PROPOSED RESOLUTION - ESTABLISHING A DEFERRED 1380 ,.. ION PLAN . (0 COMPENSAT ' 0 The Manager reported that the City Attorney will review data and report to the Council. Ordered held on the agenda pending report from Q City Attorney. Q Q CONSTRUCTION ON..BURKE PROPERTY - 33 CREST ROAD EAST 1381 The Manager reported that the stipulation concerning Burke con$truction does not clarify if occupancy can be madeof the Burke residence prior to decision concerning the paddle tennis court construc- tion. The Council directed the Manager to -ascertain if the residence is in compliance with -'Ordinances and if so, permit occupancy upon final inspection approval. RECOMMENDATION FOR.FI.LLING.VACANCY ON LAFCO 1400 Councilwoman Swanson requested councilmembers to advise her of recommendations for filling vacancy. I- APPLICATION FEES 1408 Councilwoman Swanson proposed that a fee schedule be discussed for applications for^such-an annexation and other items which involve a -,tremendous amount of staff and council time. 'Councilmembers concurred with=the suggestion and requested the Manager to provide a recommenda- tion for.consideration. TRASH... BINS 1412 Councilwoman Swanson requested the Council to review a resident's regyest to permit a trash bin location on their property without complying with the Community Association's requirement that esthetic conditions be met. Councilmembers suggested that the matter be discussed with the Board of Directors at the joint meeting with the Board. ST. -PATRICK'S RIDE 1439 Councilwoman Swanson advised that although trails are in very poor condition, a St. Patrick's ride is planned. The Mayor suggested that concern be expressed to the Community Association. -8- February 27, 1978 STORM DAMAGE EXPENSE 1464 The Council directed the Manager to provide emergency tree re- moval and storm damage repairs from unbudgeted expenses and to provide the Council with a report of -the damage for the next meeting. BURGLARY REPORT - LOS ANGELES COUNTY SHERIFF 1450 The Manager presented a Burglary Report dated fiscal 1977/78 pre- pared by the Los Angeles County Sheriff relating statistical analysis of the burglary situation in each of the four cities serviced by the Lomita Station. The Manager reported that a fingerprint expert will now be on duty at the Lomita Station. PALOS VERDES DRIVE NORTH IMPROVEMENT 1474 The Manager presented plans received from the Manager of Rolling Hills Estates showing proposed improvements of the Palos Verdes Drive North and Rolling Hills Road intersection. Mayor Crocker requested the Manager's study and evaluation of the proposal. ADJOURNMENT 1494 There being no further business to come before the Council, Mayor Crocker adjourned the meeting at 11:30 P.M. to Monday, March 6, 1978 at 7:30 P.M. to participate in a joint meeting with the Board of Directors of the Rolling Hills Community Association. APPROVED: Mayor K Wn Cb&�'Clerk J 1.