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1/22/1979 1�2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS , CALIFORNIA January 22 , 1979 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 pro tempore Swanson at 7 :3C PM 1Konday, January 22 , 19790 ROLL CALL PRESENT: Councilmembers Crocker, Heinsheimer, Swanson ABSENT: Mayor Pernell (Arrived at 8 :30 PoMo ) Councilman Rose ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney La Do Courtright City Treasurer June Cunningham Deputy City Clerk � Ao Ce �Klein Southern Calif. Gas Coo . � D, McHattie South Bay Engineering Corpa Ro Bara � Residents Mrso Wo Lester Capte R> Melbye S < Shultz Ae Vinter APPROVAL OF MINUTES The minutes of the meeting of January 8 ; 1979 were approved and accepted as corrected on a motion made by Councilman Crocker, seconded by Councilman Heinsheimer and carried by the following roll call vote : � AYES : Councilmembers Crocker, Heinsheimer, Swanson NOES : None ABSENT : Councilman Rose , Mayor Pernell �'AYMENT OF BILLS Councilman Crocker moved that Demands No . 7700 through 7742 in the amount of $41 ,183e02 be paid from the General Fundo The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES : Councilmembers Crocker, Heinsheimer, Swanson NOES : None ABSENT: Councilman Rose, Mayor Pernell SUBDIVISION NOe 70 , TRACT 33871 , CHACKSFIELD-MERIT HOMES 47 In a letter to the Council Mr, Douglas McHattie, South Bay Engin- eering, requested a two week continuance of Tract 33871 to prepare additional exhibits , and a thirty day time extension on the tracta Following discussion Councilman Heinshefiner moved that a six month extension be granted with the concurrence of the developere The motion died for lack of a seconde Councilman Crocker moved that a 30 day extension be granteda The motion was seconded by Councilwoman Sc�ranson, After further discussion Councilman Crocker withdrew his motion and Councilman Heinsheimer moved that a time extension not to exceed 45 days from January 22 be granted for completion of all matterso . . . . , , . .a i.:w�2� . . ., . . P. � 1'7 3 c� :� Y' ,Tanuary 22, 1979 �;���' The motion was seconded by Councilwoman Swansono 1�Iro McHattie gave his consent on behalf o� the developer, and the m�-tion carried on the following roll call vote : AYES : Councilmembers Crocker, Heinshefiner, Swanson NOES • . None . . . ' . � .. . . y , . . . . , � ABSENT': � ` � Councilman Rose, Mayor Per•nell � � „ ; � ` Mayor Swanson ordered the tract placed on the agenda for the Council meeting on February 26 , since the next regular meezing date, February 12 is a legal holiday and the Council will not meet> Mayo� Swanson asked that �he record show that following a field trip to the site the Manager was requested to study the overall traffic � plan for the J"ohns Canyon area, working with Richard Anderson, Planning Adviso� and the City Attorney, Councilman Crocker suggested that a � representative of the Rolling I�ills Community Association be asked to � comment on the suggestion that a new gate in the Crenshaw Boulevard- Q Silver Spur area be considered, The Manager advised the Council that Q �he Board of, .Directors wi.shes to meet with the Council as soon as pos- sible. and she would have maps and information about the estimated annual a cost �f an adu.itional gate for the joint meetznga IFurther, Mayor Swan- son said homeown�rs in �he area should be advised that a master plan is being developed for the Johns Canyon areae Councilman Crocker asked to what extent a subdivider could be asked to contribute to the cost of expanding the road beyond the boundaries �f a subc�ivi.sion; he asked that the City Atto�ney have the �nfarmation for the next meetingo Councilman Heinsheimer said the question should be expanded beyond co�ts of improving the road and should include pole removal and other improvementso The Manager said such items would be included in the overall general plan for the areaa , ' Mrso Clifton said she would have as mucr, information for the next meeting as possible., and she suggested that a budget be developed for the study. Mrs, Clifton said she would contact the Road Department for engineering, and would obtain estimates from a private paving company> Mro Kinley asked that "other improvements" as used by Councilman Heinsheimer be defined, and Councilman Heinsheimer said, he mean` pole removal, underground utilities , drainage, hydrants ; � water lines , signs and markings on the road anything that would nor- mally fall within the purview of improvements , outside of the bound- arie.s of the subdivision. The matter was held on the agenda. SUBDIVISION NOo 71 , TRACT 33962 , BEATRICE MORRIS 165 In a letter to the Council Mra Douglas NlcHattie requested a thirty day time extension for Tract 339620 ` Councilman Heinsheimer moved that a 45 day extension be granted. The mot�.on was seconded by Councilman Crockero Mro McHattie agreed on behalf of the developer and the motion carried on the following roll call vote : AYES : Councilmembers Crocker, Heinsheimer, Swanson NOES : None ABSENT : Councilman Rose, Mayor Pernell � APPEAL, DRo �AN� kTOLINSKY RE : VICIOUS DOG COMPLAINT 175 The Manager advised the Counc:�l that a letter dated January 22 was delivered by messenger �°egar�ding the scheduled appeal by Dro and Mrso Sam Wolinskyo Mr. Bernard Shoeps , attorney, asked that the -2- 1�4 January 22, 1979 hearing be continued to a mutually convenien� date in Februaryo Mrso Clifton said that Mre Anthony Vinter, 9 Reata Lane, was present in connection wi�h the complaint he filed against the �Wolinskys ° dog> Councilman Heinsheimer said that since the Wolinskys filed an appeal and requested a hearing on the requirement that they remove the dog from the City, the hearing should be held for the health and safety of the neighborhoodo Councilman Crocker said that the dog should be impounded until the hearing is held, since the Wolinskys are in violation of the first order to keep the dog confinedo Mro Kinley recommended that the continuance be granted as requested, and said he �ould �rrite to the Wolinskys ' attorney, if the Council wished, advising that the dog must be impounded until the hearinge Councilman Crocker moved that the Council sustain the decision of the City Manager in her findings in the complaint. Councilman Heinsheimer said tha� since the Wolinskys requested the appeal hearing and Mro Vinter is present, the hearing should take placee Councilman Crocker withdrew his motion, The Clerk reported �hat notices of the appeal and the agenda were sent to Dra Wolinsky and Mra Vinter, and both parties reported that they did not receive the noticee Mro Kinley said that in view of the questionnable notice, he would recommend that the hearing be continued as asked, Councilman Heinsheimer said that if the hearing is contir�uEd for legal reasons of notice the existing regulation should be enforced and the order of the City Manager should be carried out until a hearing can be heldo Mro Kinley said the Wolinskys and their attorney should be advised that they are required to comply with the Manager' s order in accordance with the o "rdinance, and if the dog is not removed, the City should take the necessary steps to have the dog removed to the Pound. C�uncilman Heinsheimer suggested that Mr. Vinter be asked if that solution was satisfactory. Mr> Vinter said he is extremely concerned, and he considers the current request for �elay a repetition of the previous action wh�n the Wolinskys appealed the first order to confine their dog, then requested a continuance of their appeal< Councilman Heinsheimer moved that the City Attorney be directed to write to Dr. Wolinsky and his attorney and advi�e them that the hearing was con�inued as requested, and that the dog is to be removed from the City and impounded until a decision is made, and that information re- garding the date of impounding is to be furnished to the City Managero The motion was seconded by Councilman Crocker and carried by the follow- ing roll call vote : AYES : Councilmembers Crocker, Heinsheimer, Swanson NOES : None ABSENT: None MAYOR PERNELL ARRIVED AT 8 :30 PoM> CAPT, ROY MELBYE, 4 T�RANGLER ROAD, RE : EROSION 267 Captain Roy Melbye , 4 Wrangler Road, advised the Council that when Mre Howard Slusher built his home on property adjoining the Melbye property all ground cover was removed from the slope between the two properties and considerable dirt was remove� e Captain Melbye said the easement has eroded and he asked that ground cover be restored to stop further damage to his property, which is higher than the Slusher loto The Manager advised the Council that Captain Melbye met with Mro Magill , County Inspector and Mro Meurer, Mro Slusher' s engineer on the m3- 1�5 January 22 , 1979 property and it was determined that some planting was done, but does not appear to be growingo Mrso Clifton said Mro Slusher was advised to do additional planting, and she would recommend that jute be used to keep the ground cover in place until it becomes rootede Councilman Heinsheimer said that landscaping was a condition of approval of the tennis court and should be enforced> Mr, Kinley said the Community Association- has jurisdiction over the easements , and the Landscape Committee which approved the landscape plan was formed as an offshoot of the Architectural Committee in response to complaints about view obstructiono Councilwoman Swansun suggested that the County be asked to withhold the Certificate of Occupancy until the problem is solvedo Councilman Crocker said he had looked at the �elby.e _ property and asked the Manager to check the records to determine whether grading was done according to plans , and whether landscaping was done as re- quired to protect the slopee Further, Councilman Crocker said the � Council has jurisdiction, based on the representation made to the Council as part of the presentation of an appeal of the Planning � Commission' s denial of the tennis court , and the Council should not � rely on the Landscape Committee to enforce the conditions of approval , Q Mayor Pernell said he agreed that the Council should take whatever Q measures a=�e necessary to correct the problem. as quickly as possiblea Q Councilman Heinsheimer moved that the Council direct staff to take whatever steps are necessary to enforce the conditions of approval of the C�nditional Use Permit, or to show cause why they should not be enforcedo The motion was seconded by Councilman Crocker and carried by the following roll call vote : AYES : Councilmembers Crocker, Heinsheimer, Swanson Mayor Pernell NOES : None ABSENT: C�uncilman Rose �re Kinely said the Associatior. should�be_�ir_�ormed af Captain� T2elbye ' s statements that the easements between the properties have been eliminated by erosion. Councilman Crocker said he has not gane on the Slusher property, � but from a distance it appears that nothing is growing. Mrs > Clifton said that under Rolling Hills Community Association regulations the owner has six months aft�r completion of the house to do plantinge Mayor Pernell asked the City Attorney what remedies were available to the City if conditions of approval are not complied witho Mro Kinley said the Conditional Use Permit for the tennis court could be revokedo SUBDIVISION N0. 71 , TRACT 33962 , BEATRICE MORRIS 400 Mro McHattie presented the tentative tract map and showed the proposed lots on the six acre parcele He said Lot 2 has an existing pad, which was a riding ring for a house formerly on the property, and Lot 1 is presently being graded for construction of a new residence for the ownero The Council agreed that they wished to make a field trip before considering the Planning Advisor' s Report and recommendations of the Planning Commissiono A field trip was scheduled for Saturday, February 24, 1979 at 9 :00 A.M. and Mr. McHattie said he would have the property staked to show access , the boundary between the two properties and the location of the pads . The matter was held on the agendao .,. -4� ��s J�nuary 22 , 1979 RESOLUTION NOo 410 ��0 Councilman Heinshe�mer moved that Re�olution No > 410, entitled A RESOLUTION OF THE CIT�I COUNCIL OF THE CgTY OF ROLLING HILLS REQUEST- ING THE ASSESSOR OF LOS �TGELES COUNTY 'TO FTJRNISH THE CITY OF ROLLING HILLS AN ESTYIKATE OF' ASSE�SED VALUA'TgON OF ALL PROPERTY WITHIN ITS JURISDICTION be adopted, and th�t reading in full be waivedo The motion was seconded by Councilman Crocker and caxried by the following roll call vote : . AYES : Councilmembers Crocker, Heinsheimer, Swanson IKayor Pernell NOES : None � ABSENT: None PROPOSED RESOLUTION RE : BAIL-OUT FUNDS 495 A proposed resolution urging the California State Legislature to set a deadline of March 31 , 1979 for resolving the issue of alloca- ting Proposition 13 bail-out funds to local governments was presented � to 'the Council. The Manager said the resolution was based on wording in a resolution adopted by the City of Inglewoode In discussing the resolution Councilman Crocker said it did not apply to Rolling Hills , since the city did not accept bail-out funds . Mayor Pernell said March 15 is the critical date, since after that date the school district has to notify employees who will not be re- hiredo Follo�ring discussion the Council agreed that the proposed resoltition was not relevant to Rolling Hills , and the Manager was directed to write a letter for the Mayor' s signature to the California State Legislature, rather than adopt the resolution. JUVENILE DIVERSION PROJECT 508 Councilwoman Swanson reported that the Juvenile Diversion Pro- ject was terminated due to lack of funding after December 31 , 19790 The funds left over will be used to hire temporary help and to use Community based agencies . Councilwoman Swanson said there are good prospects for future funding, and she would keep the Council advised in the mattero FLAME�X SHINGLES 541 Councilwoman Swanson said she heard a cornmentary on Flame-X shingles on a local television station, and she is concerned that they are not as good as representedo She asked that background information be obtained for consideration by the Councilo ENFORCEMENT OF CONDITIONS OF APPROVAL 575 I�Iayor Pernell said that in addition to developing a procedure for enforcing conditions of approval, he wished to ask Councilmen Crocker and Heinsheimer to develop a procedure for amendfng or changing the conditions of approval if it can be determined that a change is warrantede PROPOSED VIEW OBSTRUCTION ORDINANCE. 580 Couneilman Crocker said that at his request Mra Kinley prepared a proposed View Obstruction Ordinance and he asked that it be placed on the next City Council agenda, and that it also be discussed at the joint meeting with the Board. , -5- 1'7'7 January 22 , 1979 GEOLOGY, FLYING TRIANGLE 611 � The Manager presented copies of a letter dated December 139 1978 from the Dep�.rtment of Coun�y Engineer-Facilities regarding their re- vie�r of a report by Converse , Ward Davis Dixon on geologic and soil investigation of the Flying Triangle Extension consisting of 25 acres in the cities of Ro11Yng Hills and Rancho Palos Verdese Mro McHattie advised the Council that Mro Lowell Wooden has sold the entire proper.ty consisting of nineteen acres in Rolling Hills and six acres in the moratorium area in Rancho Palos Verdeso On behalf of the new owner he asked the Council what the next logical step should beo Mayor Pernell said it was his opinion that the City would not want to give further consideration to annexation of the six acres until the moratorium has been removed from the area, Councilman Heinsheimer said a letter should be written to the owner advising him that the annexation would not be considered by the Council at this time. Mro McHattie said � the six acres could be developed, since there is an easement to the (� prope�ty over Portuguese Bend Road from Palos Verdes Drive North, The � City Attorney was requested to review the matter of easement to the Q property and report to the Council at the next meetinge Q Councilman Heinsheimer said the geology report was done on the Q entire twenty five acre parcel , and the Council agreed that if the owner �rishes to submit a tentative map for subdivision of the nineteen acres , a geology report on just that portion of the Flying Triangle Extension will be requirede The matter was held on the agenda for a report on aecess through Rolling Hills to the six acre parcel at the next meetingo Mro Richard Bara, 22 Eastfield Drive, said the initial reaction of the Council to decline to annex the six acres in the moratorium area should be restudied, He said it might be wiser to annex the property and place a moratorium on that area, since there is an ease- ment to the parcel through Rolling Hillso NEW XEROX MACHINE 743 The Manager presented information an the 4500 Xerox, and advised the Council that based on work produced and paper used, she wished to recommend that she be authorized to acquire the machine to replace the Xerox and Multilith off-set printer now being used. Councilman Heinsheimer moved that the Manager be authorized to lease the machine on an initial two year contracto The motion was seconded by Councilwoman Swansone Following discussion Councilman H.einsheimer withdrew his motion. Councilman Crocker moved that the contract for the machine be left to the discretion of the Managero The motion was seconded by Councilwoman Swanson and carried unanimously, JOINT MEETTNG WITH BOARD OF DIRECTORS 787 The l�ianager was requested to schedule a joint meeting with the Board of Directors and to send calendars to members of the Council and Board to determine the best meeting dateo PROPOSED SUBDIVISION ORDINANCE 818 The City Attorney distributed copies of the proposed Subdivision Ordinance for Council reviewo Mayor Pernell said a public hearing an the proposed ordinance would be held the first meeting in Maye ADJOURNMENT 898 Mayor nell �ourn the meeting at 10 : 10 PoM< to February 260 APPROVED° -6- � ay � City