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12/11/1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA December 11, 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 Pernell at 7:30 P.M. Monday, December 11, 1978. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: WELCOME TO STUDENTS Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell Councilman Rose arrived at 8:30 P.M. L. D. Courtright Teena Clifton William Kinley June Cunningham Capt. Paul Myron Robert Stander J. W. Whittington Gene Anzivino Lisa Carl Catherine Goode Christine Husnak Russ Shoemaker Don Swanson City Treasurer City Manager City Attorney Deputy City Clerk Commander, Lomita Sheriff Sta. Resident Resident Members of Miraleste High School Government Class Mayor Pernell welcomed' -representatives of a Miraleste Government Class to the meeting and invited Christine Husnak, a Rolling Hills resident, to join the Council at the table. APPROVAL OF MINUTES 625 The minutes of the meeting of November 27, 1978 were approved and accepted as corrected on a motion made by Councilwoman Swanson, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker•, Heinsheimer, Swanson Mayor Pernell NOES: None ABSENT: Councilman Rose PERSONAL APPEARANCE, CAPTAIN PAUL MYRON 655 Mayor Pernell welcomed Captain Paul Myron, newly appointed com- mander of the Lomita Sheriff's Station and introduced him to members of the Council. C' Captain Myron addressed the Council on many topics, including use of radar for traffic control, number of citations given, an explanation of the traffic enforcement index, consideration of unique features in Rolling Hills, specifically horse trails and lack of a leash law, and new legislation recently passed which would limit the application of traffic surveys after the first of the new year. Members of the Council requested a breakdown of citations for moving violations, explaining that speed is of most concern to them, December 11, 1978 and they requested that the margin of allowable speed over the posted limit not be eroded under the increased speed limit recently adopted. In response to questions, Captain Myron the Burglary Apprehension Team, stating that has actually been reduced -by apprehension of Mayor Pernell thanked Captain Myron for communication would be kept open between the of the Sheriff's Department. OPEN AGENDA ANIMAL CONTROL ORDINANCE 159 discussed the success of the number of burglaries the:�urglars. his appearance, and said. Council and representatives Don Swanson, 2 Chesterfield Road, a Miraleste student, asked co whether an effort is made to license dogs belonging to new.residents. The Manager explained that if a dog has been licensed elsewhere in OLos Angeles County, the license is valid until the expiration date. Q FINANCIAL STATEMENTS 910 Q Councilman Crocker moved that the Financial Statements for October Q and November 1978 be approved and accepted as presented. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Swanson, Mayor Pernell NOES: None ABSENT: Councilmen Heinsheimer, Rose PRESENTATION RE: CITY'S INSURANCE PROGRAM 972 Mrs. Clifton advised the Council that representatives of Cal- Surance were unable to re -schedule an appearance before the Council. After discussion in which it was stated that the Council should have an opportunity to consider certain options such as deductibles, the Manager was directed to request a thirty day binder, and Councilman Crocker was authorized to have the matter reviewed by a member of his staff for recommendation. COUNCILMAN ROSE ARRIVED AT 8:30, -P.M. PAYMENT OF BILLS 1050 Councilman Crocker moved that Demands No. 7604 through 7650 in the amount of $18,360.74 be paid from the General Fund. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Swanson, Rose Mayor Pernell NOES: None ABSENT: None Councilman Crocker moved that Demand No. 7651 in the amount of $25,408.00 be approved conditionally, to be paid from the General 'Fund on December 15, 1978 only in the event that a thirty day binder for insurance can not be obtained. The motion was seconded by Council- woman Swanson and carried by the following roll call vote: -2- R December 11, 1978 AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None The Manager was asked to schedule an appearance by representatives of Cal-Surance for the first meeting in January. PAPER SHORTAGE The Manager advised the Council that due to a lengthy strike in paper mills, in Los Angeles County there is an acute paper shortage and copies of all correspondence will not be reproduced for the Council until the strike is over. CORRESPONDENCE 1090 ALCOHOLISM COUNCIL OF THE SOUTH BAY A copy of the Annual Summary of Program Services of the Alcoholism Council of the South Bay was presented to the Council. Mrs. Clifton was asked to advise the residents in the Newsletter that the summary of services is available at the office. LETTER FROM RESIDENT RE: ANIMAL NOISE Mrs. Clifton advised the Council that a resident had written to her on November 15, 1978 complaining about noise from animals owned by his neighbor. Mr. Kinley researched the City's ordinances, and said there is none which deals with animal noise other than barking dogs. The Council agreed that the matter is a problem between neighbors, and the correspondence was received and filed. COST PER PAGE FOR REPRODUCING DOCUMENTS The Manager reported that after considering aspects of deter- mining the cost of reproducing documents, Councilman Crocker, Mayor Pernell and Mrs. Clifton arrived at the following policy for charging for reproduction of copy: Up to five pages, no charge. Pages in excess of five - 25r,% each. LETTER FROM ROBERT STANDER, 11 SADDLEBACK ROAD RE: IMPROVEMENTS 1100 In a letter dated December 4, 1978 Mr. Stander advised that some of the improvements required as a condition of approval of Tract 31906 had not been completed, and he asked that the time for completion of those items be extended. In a report to the Council the Manager recommended that Mr. Stander be permitted to wait until Spring to begin installation of underground utilities; that he be granted an extension of time to have a drainage swale constructed, since it would be functional only after grading for the new lot is completed, and that he be required to demolish the old garage and repair that portion of the house to which it is attached as required. Mr. Stander advised the Council that 90% of the improvements have been cdmpleted, and he asked that he be given an extension of time as requested, indicating that the deposit with the City of 150% of the cost could be raised to 200%. -3- 161 December 11, 1978 Councilman Rose moved that the Council approve the Manager's recommendations with regard to installation of underground utilities and construction of a drainage swale, and in addition approve a six month extension to demolish the garage, and that the amount on deposit not be changed. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None The City Attorney recommended that Mr. Stander arrange to have payment made by the City for all improvements which have been completed, cD and that funds to cover the balance be re -deposited for the six month Co time extension. 0 FLOOD CONTROL DISTRICT REPORT a The Manager advised the Council that she was notified of problems Q with maintenance of drains constructed by the Flood Control District as a result of Proposition 13. Mrs. Clifton said that most of the drains in the City, including those built by the Flood Control District, have been taken care of routinely by the Rolling Hills Maintenance Staff. CITY MANAGERS' SPRING MEETING 1331 Councilman Rose moved that the Manager be authorized to attend the City Managers' Spring Meeting February 7 - 9, 1979. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Rose, Swanson, Mayor Pernell NOES: None ABSENT: None ABSTAINED: Councilman Heinsheimer REPORT ON WOLINSKY LITIGATION 1362 The City Attorney reported that he met with the attorney for Dr. Sam Wolinsky who filed suit against the City for damages to his property by drainage after .January 1, 1978. Mr. Kinley said they visited the Wolinsky property and inspected the road, storm drain, energy dissipater, and reviewed the maps for the construction. Mr. Lawler, Dr. Wolinsky's attorney, said he wished to file a cross complaint on behalf of the City against the engineering firm that designed the original 1964 plans for the flood disposal system. Mr. Kinley said the Council would have to authorize such action before it could be initiated. Mr. Kinley said the E. L. Pearson Engineering firm had done the work, and the bill was paid in 1965. Mr. Kinley was asked to research the matter, and make a report at the next meeting. POLICY PROCEDURES: REVIEW OF CONDITIONAL USE PERMIT REQUIREMENTS 1410 Mayor Pernell opened discussion of a request by Councilwoman Swanson that the Council review their action on a request by Mr. S. L. Coates for clarification regarding his house plans. -4- 162 December 11, 1978 After a presentation to the Council at the November 27 meeting by Mr. Coates the City Attorney was directed to determine whether the plans for the house submitted to the Architectural Committee violate any of the conditions of approval of a Conditional Use Permit issued by the City Council on April 10, 1978 at a hearing of an appeal of the Planning Commission's decision to deny the permit. Mr. Coates was advised that unless he could settle the matter administratively it would be necessary to re -open the entire matter, and Mr. Coates said he wished to work with the staff on the matter. Mr. Kinley wrote a letter to Mr. Coates on December 7 and stated that the changes in the plan did not violate the provisions of the decision of the City Council on April 10. In discussing the matter Councilmembers Crocker and Swanson said they thought the City Attorney should have consulted with the Council before making his decision known to Mr. Coates; Councilmembers Rose, Heinsheimer and Mayor Pernell said they thought Mr. Kinley had acted according to the Council's direction to review the findings prepared after the hearing on April 10, and to work administratively with the Manager in advising Mr. Coates, and to return the matter to the Council only if the plans deviated from the Council's approval. Councilwoman Swanson moved that as a matter of policy future re- quests regarding clarification of conditions of approval of conditional use permits or variances be placed on the City Council agenda as a regular item of business. The motion was seconded by Councilman Crocker. After further discussion of .the matter Councilman Rose moved that a letter be sent to Mr. Coates rescinding the letter sent by Mr. Kinley and advising him that the matter would be placed on the Council's next agenda. Councilman Rose then withdrew his motion and moved that in the future any reconsideration of any conditional use permit or variance be placed on the agenda. Councilman Crocker seconded the motion. The Mayor asked Councilmen Crocker and Heinsheimer to work out a policy procedure to be presented to the Council. Councilman Rose then moved that the matter be tabled. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None Councilman Crocker moved that the Council rescind the letter dated December 7, 1978 and place the matter on a regular Council agenda. The motion was seconded by Councilwoman Swanson and failed to carry on the following roll call vote: AYES: Councilmembers Crocker, Swanson NOES: Councilmen Heinsheimer, Rose, Mayor Pernell ABSENT: None AUDIT REPORT 133-2 The Mayor directed that the Audit Report for the period July 1, 1977 to June 30, 1978, prepared by Cotton and Francisco be held until the next meeting of the Council to give the City Treasurer an oppor- tunity to review it. -5- 163 December 11, 1978 PRELIMINARY REPORT, PHASE I, ABALONE COVE LANDSLIDE 134 Mrs, Clifton advised the Council that she had obtained a copy of the Preliminary Report of the Geotechnical Investigation of the Abalone Cove Landslide in the City of Rancho Palos Verdes Estates. The Manager was directed to keep in touch with the Manager of Rancho Palos Verdes, and to advise the Council of any developments, partic- ularly with regard to restrictions on water discharge above the slide area. ABSENCE FROM CITY Councilwoman Swanson advised the Council that she will be away from the City from December 15 until December 26. Councilman Crocker and Mayor Pernell said they would be away from December 26 until January 2 Co MATTERS FROM THE COUNCIL CD O AIR QUALITY MANAGEMENT PLAN Q -- Q Councilwoman Swanson said the cities were requested to make Q comments for consideration by the AQMP, and she asked Mr. Don Gales, 19 North Middleridge Lane, a meteorologist, to assist her. Mr. Gales prepared a report, and Councilwoman Swanson said that with the con- currence of the Council she wished to make the report available to the South Bay Cities Association and to other cities on the Peninsula. REGIONAL TRANSPORTATION PLAN 245-2 Councilwoman Swanson said the Peninsula cities are getting together to share information and work on a regional transportation plane She said she would continue to report to° -the Council as Chair- man of the Committee. GIFT TO CITY 260 Mayor Pernell advised the Council that he was contacted by Mr, Richard Colyear, 35 Crest Road West; Mr. Colyear said he wished to make a gift of cash to the City of Rolling Hills before December 31, 1978, The Mayor said he discussed with Mr. Colyear the fact that he has an application on file with the Planning Commission for a con- ditional use permit, and Mr. Colyear said the gift would be for tax purposes, and the matter before the Planning Commission would have no bearing on it. Councilman Rose moved that the City approve acceptance of the $1,000 cash gift from Mr, Colyear. The motion was seconded by Council- man Heinsheimer and carried by the following roll call vote: AYES: Councilmen Heinsheimer, Rose, Pernell NOES: Councilwoman Swanson ABSENT: None ABSTAINED: Councilman Crocker The Mayor said he would send a letter to Mr. Colyear on behalf of the Council. GEOLOGY ON BUGGY WHIP DRIVE 293 Mrs. Clifton said that Dr, Richard Meriam, 40 Eastfield Drive, a geologist, has offered to donate his services in connection with 164 December 11, 1978 consultation with the City Manager on the riding ring on Buggy Whip, and would submit a written report of his recommendations to the City Council. Mrs. Clifton said she and Dr. Merriam plan to meet on Tuesday, December 12. LENGTH OF MINUTES The Manager advised the Council that in her opinion too much time is being spent on preparing minutes of meetings. Mayor Pernell said the Chair can determine the type of minutes prepared, and he felt the reporting could be limited to a brief description of the item and action. Councilwoman Swanson said narrative minutes keep other bodies informed and she wished to keep the minutes in their present form. Other Council members agreed that minutes should be limited to a brief description, and the Secretary was directed to shorten the minutes, starting with the current meeting. COY PROBLEM Councilman Heinsheimer said the coy problem is being brought under control; however, he has noticed several large licensed dogs running with the coy packs. The Council agreed that the control of cogs should continue since they present a health and safety problem. PERSONNEL SESSION 408 Mayor Pernell recessed the meeting to a personnel session at 11:20 P.M. The meeting was reconvened at 11:35 P.M. and Mayor Pernell said the Council discussed the resignation Margot Krismer, the Bookkeeper, and a Workmen's Compensation claim filed by a Secur- ity Officer filed as a result of harrassment by a Rolling Hills resident. The matter of the harassement will be taken up at an , office conference withthe District Attorney on December 15. RESOLUTION NO. 405 Councilman Crocker moved that Resolution No. 405 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS RECOM- MENDING THE APPOINTMENT OF MASON H. ROSE V TO THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 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 Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None ADJOURNMENT The Mayor adjourned the meeting at 11:40 P.M. to reconvene on Monday, January 8, 1979, since there will not be a quorum available for the next regular meeting. city � VA Councifwomarh Swanson asked that -the record contain the following statement: "The Architectural Committee does not have the audience in at their meetings. in fact, they prohibit the audience from attending their meetings. This is the only meeting at which the public is notified, to which the public can come and attend and voice their opinion in a democratic manner, and I would like the record to reflect that in this action, I feel that we have precluded the democratic process. -7-