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11/27/1978152 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA 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 Pernell at 7:30 P.M. Monday, November 27, 1978. ROLL CALL PRESENT- ABSENT - ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Crocker, Heinsheimer, Rose Mayor Pernell Councilwoman Swanson (arrived at 7-40 P.M.) Teena Clifton William Kinley June Cunningham Ao C. Klein Jo Ivancich Mrs. R. Bernstein A. Bullard L. Coates J. Rowe City Manager City Attorney Deputy City Clerk Southern Calif. Gas Co. Architect Residents The minutes of the meeting of November 13, 1978 were approved and accepted as presented on a motion made by Councilman Crocker, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose Mayor Pernell NOES- None ABSENT- Councilwoman Swanson PAYMENT OF BILLS Councilman Crocker"moved that Demands No. 7568 through 7603 in the amount of $38,48:2.21 be paid from the General Fund. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: NOES- ABSENT- ABSTAINED: Councilmembers Crocker, Heinsheimer, Rose Mayor Pernell None None Councilwoman Swanson PRESENTATION RE- CITY'S INSURANCE PROGRAM The City Manager advised theCouncil that Cal-Surance was unable to have a representative present to speak to the Council regarding the City°s insurance program and requested that the presentation be re- scheduled. Mayor Pernell asked that it be placed on the agenda for the next meeting. COST PER PAGE FOR REPRODUCING DOCUMENTS 26 The Manager advised the Council that the cost of reproducing copy had not been established, and she said the information would be prepared for the next meeting. Mrs. Clifton said it appears the cost would be 153 November 27, 1978 between 35G and 50� per page. Mayor Pernell said he thought iijfil nt should be stipulated, such as 25� per page. Councilman Crocker said the cost of bookkeeping to establish the price would exceed the value, and it was his opinion that no charge should be made to residents, ex- cept in extraordinary circumstances for certain documents.tticilman Rose moved that the cost be established at 25C per page. Councilman Crocker seconded the motion for purposes of discussion. Following discussion Councilman Heinsheimer suggested that Council- man Crocker work with the staff to develop a policy regarding charges for reproducing copy; whether a charge should be made, how much should be charged per page, and what documents should be included, for consid- eration aTid. adoption at the next meeting. The Mayor agreed, and he so ordered. MURDER OF SAN FRANCISCO MAYOR AND SUPERVISOR co Councilman Rose addressed the matter of the murder of San Francisco CO Mayor George Moscone and Supervisor Harvey Milk. Members of the Council O agreed that a letter should be prepared for the Mayor's signature expres- sing the Council's shock and sorrow to Acting Mayor Dianne Feinstein and Q members of the Board of Supervisors. Q COMMITTEE REPORTS ASSOCIATED CHARTER BUS Councilwoman Swanson reported that Councilman Gunther Buerk of Rancho Palos Verdes represented the Councils of the Peninsula Cities at a hearing on November 20 on a request by Associated Charter Bus Service,,also operating as California Sightseeing Tours, Inc. for a disclaimer from regulation by the Public Utilities Commission. The decision will be announced in March, 1979, and Councilwoman Swanson said she would continue to advise the Council in the matter. SOUTH BAY TRANSPORTATION SYSTEM Councilwoman Swanson said the A.T.E. Company, based in Cincinnati, is continuing a study to determine whether there should be independent transportation systems serving the South Bay, or whether 'there should be a regional system consolidated under the Rapid Transit District. Councilwoman Swanson said she thought that any transit system which would cover the Peninsula should be entered smoothly, and with mini- mum impact with regard to cost. She was authorized to write a letter on behalf of the Rolling Hills City Council stating that the Council wishes information on cost effectiveness before being included in any regional plan. TRAFFIC ENFORCEMENT Councilwoman Swanson said she has received many telephone calls complaining about excessive speed on Portuguese Bend Road, and a recent weekly report from the Sheriff's Department indicated that only four citations were issued for moving violation in .a recent week. Other members of the Council said they had not observed any Sheriff's cars in the City providing visibility or enforcing traffic laws, and it was their opinion that there are many visible cases of exceeding the speed limit which should be cited. Mayor Pernell said he had discussed the matter with Captain Paul Myron of the Lomita Sheriff's Station, and he invited Captain Myron to attend a meeting of the Council to discuss the matter. Further, the Mayor said the radar unit shared with another city was in for repairs, so no citations were issued during the time the radar was inoperable. The Manager explained that the radar unit owned by Rancho Palos -2- 154 November 27, 1978 Verdes and the Sheriff's cars are shared by the Cities of Rancho Palos Verdes and Rolling Hills as part of a regional deployment plan, and recent problems with the radar unit and a track -up unit have affected citations. Councilman Heinsheimer expressed surprise that equipment such as radar was owned by the cities, and Mr. Kinley said it may have been part of the contract between the cities and the Sheriff's Depart- ment. Mr. Kinley said there is nothing in the Rolling Hills contract which specifies that the City will furnish a radar unit. Councilwoman Swanson said she had requested information about a number of parking tickets issued recently and had not received it; in addition she asked that information from the gate control sheets show- ing when the Sheriff's cars enter and leave the city be provided with the Sheriff's weekly report. The Manager said the information would be given to the Council. DEPARTMENT OF ANIMAL CONTROL Councilwoman Swanson said the Depar charged Rolling Hills for boarding anima and she asked the Manager to explain the said charges are paid out of revenue the dogs. Mayor Pernell asked Councilwoman questions on the charges directly to the SOUTH BAY CITIES 147 tment of Animal Control is for 53 days in October, charges. Councilman Crocker City collects for licensing Swanson to direct further City Manager. Councilman Heinsheimer reported that he had attended a recent meeting of the South Bay Cities as a representative of the Air Quality Management Board. Member cities have been asked to provide input to SCAG regarding the recommendations for their study of an Air Quality Management Plan. Since the deadline for furnishing such information is December 15, and the South Bay Cities will not meet again until December 21, Councilman Heinsheimer said it is imperative that cities make their recommendations individually, and as soon as possible. TRAFFIC COMMISSION REPORT Councilman Heinsheimer said he has received the combined report of the staff and Traffic Commission, prepared after review of the recommendations made by a traffic engineer of the Los Angeles County Road Department. After review of the ,point report, Councilman Heinsheimer said the Traffic Commission would make their recommendation to the Council. PERSONAL APPEARANCE, JOHN ROWE 182 Mr. John Rowe, 7 Roundup Road, advised the Council that he was appearing on behalf of Community organizations including the Women's Club, Tennis Club and Caballeros with a request that a bulletin board serving the groups be placed in the Eastfield Gate area. Mrs. Clifton said the location was reviewed by Mrs. Kip Goldreyer when she was a member of the Traffic Commission. Councilwoman Swanson said the lo- cation should be considered carefully because of possible traffic prob- lems in the area. Councilman Rose suggested that the matter of placement of the bulleting board be referred to the Manager and handled as an adminis- trative matter. The Mayor so ordered. PERSONAL APPEARANCE, S. L. COATES 245 Mr. S. L. Coates, owner of property at 3 Southfield Drive, ad- vised the Council that he was present to request a clarification of a requirement on his property. -3- co CD 0 Q Q Q November 27, 1978 155 Mr. Kinley explained that the Council reviewed the plans for devel- opment of the property when Mr. Coates appeared before them in April to appeal the decision of the Planning Commission to deny his application for a variance of grading requirements. The Council overruled the Plan- ning Commission and granted Mr. Coates permission to construct a house with a 1 1/2:1 grade in two places on the lot. Findings prepared by Mr. Kinley specified that the Council's approval was based on the plan submitted, which showed two retaining walls. Working drawings subse- quently submitted to the Architectural Committee show a third wall, which would not be visible to any of the residents, located between the easterly side of the house and the westerly boundary of Southfield Drive. The wall would be 2 1/2 feet high and approximately 30 feet long, and the clarification requested by Mr. Coates is whether the wall can be built, since it was not shown on the approved plan. Mrs. Clifton said the grading and slopes which were approved by the Council have not changed, but because the third wall was not shown on the plan submitted to the Council, she recommended that Mr. Coates appear before the Coun- cil for clarification.��� 6 -- Councilman Heinsheimer said it was his opinion that the Council made a decision based on certain requirements, and if the City Attorney considers that the plans submitted meet the intent of the Council and are within the legal framework of the approval, Mr. Coates should'be permitted to proceed; any modification of the approval would require that the entire matter be opened again. Councilman Crocker asked whether the Council's approval was based on construction of two walls only, or.on the grading approved for two specific walls. Mr. Coates said specific requirements were defined in the findings prepared by the City Attorney, and none of those requirements would be changed in any way. Mr. Coates said that if the matter could be decided adminis- tratively, he would be willing to handle it that way, and he would be agreeable to shortening the wall, if requested to do so. Mayor Pernell suggested that Mr. Coates try to resolve the matter administratively, and said that if he is unable to do so, he would be required to open the matter again, with full notification toresidents and members of other bodies who considered the original application. PUBLIC HEARING, DIVISION OF LAND ORDINANCE 300 Mayor Pernell reopened the Public Hearing to consider a proposed Division of Land Ordinance, continued from the meeting of November 13. The Mayor said that at the last meeting the City Manager and City Attorney were requested to make certain changes in the proposed ordi- nance for consideration by the Council. The Manager said the changes were outlined, and Mr. Kinley prepared new sections pertaining to an appeals procedure, but the master copies were not changed. The Mayor directed that the changes recommended by the Council be incorporated in the draft copies and the proposed ordinance, corrected anddchanged as requested by the Council be reviewed and reworked by the City Attorney and presented to the Council at the second meeting in January. PROPOSED CHANGE OF ZONE 417 Mr. Allan Bullard, 3 Eucalyptus Lane, asked about the proposed change of zone which would eliminate the RAS -1 Zone and make the minimum zoning in Rolling Hills RAS -2. The Manager advised him that the Planning Commission has scheduled a public hearing on the matter for Tuesday, February 20, 1979, and she said several notices of the hearing would be published in the Newsletter. -4- W November 27, 1978 DECEMBER MEETING DATE After conferring with Council members the Mayor said that there will be only one City Council meeting in December because of lack of a quorum on the second regular meeting date. The Manager was directed to notify residents in the Newsletter that the only scheduled meeting will be on Monday, December 11. RESIGNATION FROM TRAFFIC COMMISSION 462 Mayor Pernell said Mrs. Kip Goldreyer had submitted her resig- nation from the Traffic Commission, not from the Environmental Quality Board as reported at the last meeting. The Mayor said a new member of the Traffic Commission would be appointed. COURT APPEARANCES 468 The Manager reported on recent court appearances with residents of Rolling Hills for violations involving failure to remove manure from their properties. Mrs. Clifton said that Mr. Robert Fortney, 26 Caballeros Road, appeared before the District Attorney on Novem- ber 21 and entered a guilty plea. Mr. Fortney was given until De- cember 28 to clear his property and must submit proof that the nuisance has been abated. Dr. Frederick Krieger, 2 Ringbit Road, was unable to appear on November 21, and was granted a one week delay to November 27. On that date he appeared and entered a plea of not guilty. Trial was scheduled for December 28, and Dr. Krieger will be required to prove that the nuisance has been abated. Mrs. Dorothy Kuhne received a one week extension on November 21 when she was unable to appear. On Novem- ber 27 Mrs. Kuhne did not appear; her daughter was in court and advised that a member of the family had surgery. The hearing was postponed to Thursday, November 30. The complaint against Dr. John Marshall, 7 Ring bit Road has not been filed yet, but is being prepared. The Manager was directed to prepare a letter to the residents, advising them that the City brought appropriate action against the residents, but not giving their names, and stating that similar proced- ures would be instituted in future cases of violations. It was agreed that the appropriate time for the letter to go out would be in March, when residents are being advised of the need to clear their properties of fire hazards. LETTER FROM DR. AND MRS. RICHARD HOFFMAN 520 Copies of a letter from Dr. and Mrs. Richard Hoffman, 73.Portu- guese Bend Road, objecting to construction of a house at 62 Portuguese Bend Road were presented to the Council. The Manager explained that no variances were required, and the plans were not reviewed by the Planning Commission or the City Council. The letter was received and filed. ENDORSEMENT FOR APPOINTMENT OF COUNCILMAN ROSE 567 Councilman Rose advised the Council that in his capacity as advocate for handicapped persons, he has been Chairman of the National Advisory Committee which advises the Architectural and Transportation Compliance Board, a Federal agency located in Washington, D.C. with regard to enforcing on the Federal level the 1968 Architectural Barriers Act which requires that all buildings and facilities, either owned, leased or operated by the Federal Government must be fully accessible to handicapped persons. Because of frustrations encountered, the law has been changed with regard to the make-up of the Board by adding one additional Federal agency and eleven members of the public, five of whom must be handicapped, resulting in eleven public members and ten Federal agency members. Councilman Rose is seeking appointment to the -5- 1.5'7. November 27, 1978 new Board as Chairman and has received the endorsement of Senators Cranston and Hayakawa and various State and National organizations. He asked that the Council support his effort. Councilman Heinsheimer said local cities and organizations should be contacted and their support requested. m � Councilman Crocker moved that the Rolling Hills City Council endorse Councilman Rose for presidential appointment to the Architectural and Transportation Barriers Compliance Board, and that he be considered for appointment as Chairman of that agency. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None 0 PERSONNEL SESSION 608 Q The Mayor adjourned the meeting to a personnel session at 9:20 PM. Q Q ADJOURNMENT The meeting was reconvened. Councilman Heinsheimer said the Council had reviewed personnel policies and vacation policies for the Manager. The Mayor adjourned the meeting at 10:00 P.M. I- A 4- *" -, rit�y Clerk APPROVED: M or At the Council meeting on December 11, 1978 Councilwoman Swanson requested that the following comment made at the meeting on November 27 be added to the minutes of that meeting. To Mr. S. L. Coates: "I just want to say that I think it is only fair to every applicant as a matter of policy to understand that when an application is presented to us, that's how it is approved, and any modifications have to come back through regular channels. This is not a regular channel which you are requesting tonight, neither is it to have a third wall, if that's not how we approved it." am