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4/23/1979fie • • 203 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA April 23, 1979 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese B=end Road, Rolling Hills, California by Mayor Swanson at 7:30 P.M. Monday, April 23, 1979. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson None Teena Clifton William Kinley L.D. Courtright June Cunningham Douglas McHattie Jerry Zinman APPROVAL OF MINUTES 820 City Manager City Attorney City Treasurer Deputy City Clerk South Bay Engineering Resident The minutes of the meeting of April 9, 1979 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: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES None ABSENT: None FINANCIAL STATEMENTS 830 The Financial Statements for March 1979 were approved and accepted on a motion by Councilman Crocker, seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None PAYMENT OF BILLS 893 Councilman Rose moved that Demands No. 7924 through 7960 in the amount of $44,943.69 be paid from the General Fund, and that Demand No. 7961 be voided. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None SUBDIVISION NO. 70, TRACT 33871, CHACKSFIELD-MERIT HOMES 920 Mayor Swanson ordered the matter held on the agenda until May 14, after consideration of the sound attenuation wall by the Architectural Committee. MA April 23, 1979 REPORT, MEETING WITH DEVELOPERS AND ENGINEERS RE: PROPOSED IMPROVEMENTS, JOHNS CANYON ROAD AREA 950 Councilman Crocker reported that on Monday, April 16 he met with the Manager, Mr. Jim Collis, developer of Tract 33871 and Mr. McHattie, his engineer, also. Mr. Walter Storm, developer of Tract 31437 and his son-in-law. In the discussion, Mr. Collis advised that the electrical service for his tract will be furnished from Crenshaw Boulevard, and he would not be willing to participate in undergrounding the utilities on Johns Canyon Road between Crest Road and his property. Mr. Storm said he would not participate in the project, since it is not a requirement of approval of his tract. Both developers have agreed to pay a pro rata share of the projected cost of $70,000 to $80,000 for improving Johns Canyon Road, based on the number of lots. Mr. Gordon Shultz, owner of property in the area which could eventually be divided into three parcels under existing regulations, was not present at the meeting. Mrs. Clifton said she talked with Mr. Shultz by telephone after the meeting, and sent him a copy of the information which was discussed. Councilman Crocker suggested that one way to enforce participation by all developers would be for the City to obtain an advance of Mr. Shultz's pro rata share of the road improvement, based on three lots, and when the Shultz property is eventually developed, make reimbursement, charg- ing for use of the money. Councilman Crocker said that if Mr. Shultz agreed to advance the money now, his costs would be lower than in the future. Mr.,McHattie advised. the Council that South Bay Engineering has been designated as engineer for Mr. Storm, and will complete engineering on the tract started by Meurer Engineering. Mr. Storm has indicated to Mr. McHattie that he wishes to complete the subdivision within the one year time period which remains. With regard to procedure, Councilman Crocker suggested that a large bond be posted by the developers for road improvements. Mrs. Clifton said a bond amounting to 250% of the cost is required. Councilman Crocker said the Storm subdivision consists of eleven lots; the Chacksfield-Merit subdivision has eight lots, and Mr. Shultz has three potential lots, so if the costs are divided on a pro rata basis, Mr. Storm and Mr. Collis could advance the total amount required, and be reimbursed when the Shultz property is developed. It was his suggestion that binding conditions for road improvements be placed on all three subdividers. Councilman Pernell asked about the rationale for requiring road improvements but not undergrounding of utilities on Johns Canyon Road. Councilman Crocker said a burden would be placed on the road by trucks using Johns Canyon Road as access to the properties during development, but there is no real basis for making the subdividers pay for the un- derground utilities outside of their subdivisions. He said it will cost between $18,000 and $20,000 per pole to remove four or five poles, and would place an additional burden of $90,000 to $100,000 on the developers who would not benefit from the undergrounding. Mrs. Clifton reported that each of the four or five properties on Johns Canyon Road outside of the subdivisions has a support pole on the property, so if the poles were removed from Johns Canyon Road it would be necessary to persuade each of the owners to underground to their houses to totally underground the utilities. Councilman Heinsheimer suggested that a letter be sent to the appropriate residents asking them whether they would be willing to underground their utilities. Mrs. Clifton asked all Council members to visit the area before the next meeting to look at the poles in question, which she said are highly visible at the first curve, where there are no trees and no landscaping. Mr. Kinley said it is important to determine whether any of the service which is carried by the lines on the poles supply power to residences outside of the City, and Mayor Swanson asked that the Manager provide that information for the next meeting. The Manager said a major question to consider is how wide Johns Canyon Road should be. Mr. McHattie received permission from the -2- 205 April 23, 1979 Council to pave Johns Canyon Road 22 feet wide, while retaining full easements; however, the design done by Meurer Engineering is for 30 feet of -paving. The Manager asked that the Council decide how wide the road should be, and if there is a difference in widths on portions of the road, a transitional section will be required. Councilman Heinsheimer said the entire road should be engineered from one end to the other, and he said he would work with the Manager on road improve- ment plans.. Councilman Pernell asked about the sequence of road improvements. Mr. McHattie said he thought to build the road to handle the truck traffic that will be involved in development of the lots would be overkill, since there will not be a need for that type of road after the houses are built. Mr. Kinley offered to prepare a legal opinion on undergrounding for the next meeting, and Mayor Swanson asked him to do so. coco CITY OF RANCHO PALOS VERDES SLIDE UPDATE 1110 0 Mayor Swanson said the matter was held on the agenda for addition- al information. Since there have not been any new developments, she Q asked that it be kept on the "hold agenda" and she asked that a letter Q be sent to the Rancho Palos Verdes City Council asking that the Rolling Hills Council be advised of any new information. Councilman Pernell said the matter would be an appropriate topic of discussion at month- ly meeting of.the Mayors of Peninsula cities. Mrs. Clifton said the minutes of the Rancho Palos Verdes Council meetings are sent to Rolling Hills, and any information about the slide would be extracted and pre- sented to the'Council. POPPY TRAIL RESIDENCE RECONSTRUCTION 1127 Mayor Swanson said she was riding in the vicinity of the Kim property at 7 Poppy Trail and was concerned about the status of the reconstruction of Dr. Kim's residence. The Manager distributed copies of a letter dated January 3, 1979 from Geotechnical Consultants to Dr. Kim's attorney, which was sent to Mrs. Clifton by George Fosdyke and Associates. Information. in the letter stated that settlement of the house corners continues, and from the data provided, there is no indication of slowing in the rate of settlement. On this basis, com- pleting repair work on the residence should be delayed until settle- ment ceases or slows to an acceptable rate; the delay is estimated to last 6 to 12 months or more. Mrs. Clifton said she had advised Dr. Kim that the Council would be discussing the matter, and he said he would not be present at the meeting. Mr. Kinley said he discussed the problem with Mr. Michael Boland, Dr. Kim's attorney, and Mr. Boland said he was advised that an attempt would be made to put the house back together during the summer, after the initial six months mentioned in the letter. Mrs. Clifton said if the work is delayed twelve months from the time the letter was written, the rainy season could be a problem. Mrs. Clifton said she discussed the matter with Mr. Fosdyke on Friday, April 20, and at that time he was unable to give her any proposed date, because no new grades had been shot to determine whether the settling has actually ceased. Mayor Swanson said she does not wish to impose any additional pressure on the owner but she is concerned about the appearance of the property. Councilman.Pernell suggested that the Manager be -auth- orized to handle the matter administratively, and keep in touch with the progress. Mrs. Clifton said she would contact Mr. Montagna, the geotechnical consultant in the matter, and inform the Council of any developments. -3- 206 April 23, 1979 REQUEST FOR EMPLOYMENT OF ADMINISTRATIVE ASSISTANT 1191 Mayor Swanson opened discussion of a request by the Manager for authorization to employ an Administrative Assistant. The Mayor said the Manager had interviewed a candidate for the position and wished to make a decision, therefore discussions were held with the Mayor and members of the Board of Directors of the Rolling Hills Community Association while Councilman Pernell, the Council's personnel officer, was away on vacation. The Mayor outlined the present and proposed salary schedule for the Maintenance Supervisor/Architectural Inspector, and she said the Manager proposed that the position of Chief Security Officer be elim- inated, with the duties to be assumed by the Administrative Assistant. who would be paid 75% by the Community Association and 25% by the City. In discussing the matter, Councilman Heinsheimer expressed a con- cern about the connotation of the position; Councilmen Pernell and Mayor Swanson expressed their opposition to the proposal; Councilmen Crocker and Rose supported the Manager's request. Following the dis- cussion Councilman Rose moved that the Council authorize creation of the position of Administrative Assistant, and that the Manager be authorized to hire an Administrative Assistant for a basic compensation as set forth in information provided to the Council. Councilman Crocker seconded the motion. The Mayor asked the City Attorney to give his opinion about the proposed allocation of costs between the City and Association. Mr. Kinley said he considers it vital to maintain the autonomy of the Association, separate and distinct from the City, and it was his opinion that the job description provided by the Manager indicates that the position should be created and paid for by the Community Association, since the things listed in the job description will be done for the Community Association. Councilman Crocker said the City and Association share all costs except for Mrs. Minor, who is employed by the Association, and Mrs. Cunningham, employed by the City; Mrs. Clifton and all other members of the staff are employed by and paid by both the City and Association. He agreed with the Manager that the costs should be allocated between the City and the Association, based on the amount of work done for each. Councilman Pernell offered a substitute motion that the matter be referred to a Committee with a request that a report and recom- mendation be made at the next meeting. Mayor Swanson seconded the motion, which failed to carry on the following roll call vote: AYES: Councilman Pernell, Mayor Swanson NOES: Councilmen Crocker, Heinsheimer, Rose ABSENT: None Councilman Rose restated his motion to create the position of Administrative Assistant, and authorize the City Manager to hire an Administrative Assistant, salary for the position to be paid 25% by the City, and, if approved by the Community Association, 75% to be paid by the Community Association, until such time as the position is re-evaluated and costs re -allocated, if needed. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Rose NOES: Councilman Pernell, Mayor Swanson ABSENT: None Mayor Swanson asked the Manager to Directors of the Association and discuss asked that the minutes of the Council's provided to the Board for their meeting. -4- meet with the Board of the matter with them. She action on the matter be W CD 0 Q Q Q 207 April 23, 1979 LOCAL AGENCY FORMATION COMMISSION 1757 A letter dated April 12, 1979 from Ruth Benell, Executive Officer of the Local Agency Formation Commission of Los Angeles County, clari- fying action on April 11, 1979 with respect to a Sphere of Influence Study involving Rolling Hills, Rolling Hills Estates and Torrance was received for the file. CITY OF RANCHO PALOS VERDES RE: MORGA 1778 A letter dated April 3, 1979 from Rancho Palos Verdes, and a copy of a Resolution of the City Council of Rancho Palos Verdes supporting Assembly Bill 479 (Ryan) which proposes to modify the Municipal Organ- ization Act of 1978 (MORGA) were presented to the Council. Councilman Crocker moved that the Council send a letter to the Legislature expressing their concerns, and supporting Assemblywoman Marilyn Ryan's Bill. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Mayor Swanson NOES: None ABSENT: None Crocker, Heinsheimer, Pernell, Rose SOUTH BAY CORRIDOR STUDY STEERING COMMITTEE 1804 A letter dated April 6, 1979 from Allen B. Stephenson, Study Coordinator of South Bay Corridor Study Steering Committee advised that Rolling Hills share of the remaining Phase II funds is $31.70, and he asked that the Council approve the use of the balance for Phase III purposes. A motion to approve the request was made by Councilman Rose, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Mayor Swanson NOES: None ABSENT:' None PLANNING COMMISSION ACTION Crocker, Heinsheimer, Pernell, Rose :1• Councilman Crocker moved that the Council appeal from the decision of the Planning Commission on April 17, 1979, approving a guest house in the front yard of the Marvin Malmuth property at 3 Pine Tree Lane. Councilman Pernell seconded the motion, which was carried by the fol- lowing roll call vote: AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson_ NOES: Councilman Heinsheimer ABSENT: None Mayor Swanson asked that the Planning Commission and the applicant be advised that the matter will be heard at the next meeting. PROPOSED ORDINANCE - GUEST HOUSES 1890 - /2. Mr. Kinley reported that he had sent each Council member three versions of a proposed ordinance amending the Zoning Ordinance to deal with accessory buildings such as cabanas, guest houses and servants quarters, which will hereinafter be referred to as "guest houses". -5- Mrs April 23, 1979 The matter was held on the agenda until after a hearing by the Council on the Planning Commission's approval of the Malmuth guest house. URGENCY ORDINANCE RE: FLAME -X SHINGLES 18/2 Councilman Rose read into the record Urgency Ordinance No. U-39 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A MORATORIUM ON INSTALLATION OF FLAME -X TREATED SHAKES, AS PROVIDED FOR IN SECTION 3203(E) OF ORDINANCE NO. 133, and moved that the urgency ordinance be adopted. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None PROPOSED ORDINANCE AMENDING ORDINANCE.NO. 157, BUILDING CODE 51 Mr. Kinley presented a proposed ordinance which would amend Ordinance No. 157 and repeal Ordinance No. 154. Mr. Kinley explained that adoption of the ordinance would remove from the Building Code the provision which permits use of Flame -X treated shakes over solid sheathing. The matter was held on the agenda for further consideration. PERSONAL APPEARANCE, JERRY ZINMAN, 63 EASTFIELD DRIVE 57 Mr. Jerry Zinman, 63 Eastfield Drive, advised the Council that during his absence from the City on April 21 his house was burglarized and his dog was murdered. Mr. Zinman said he was concerned about an apparent lack of security at the gates, stating that his mother was in the City during his absence, and her entries were not logged in. Councilman Rose said he would meet with Mr. Andrew Shaw, gate chairman for the Board of Directors. Mrs. Clifton distributed copies of a memorandum on Security Procedures which was sent to all Security Officers on all shifts on April 17, 1979. PROPOSED SUBDIVISION ORDINANCE 149 Mr. Kinley asked that the Subdivision Ordinance be returned to the Council's agenda. The Clerk said it was placed on the hold agenda at the Council's direction until the matter of the Proposed zone change was considered and resolved, and both items would be on the next agenda. LEAGUE OF CALIFORNIA CITIES 185 Mayor Swanson said the Mayor's Conference of the League of Cali- fornia Cities will be held on May 21 - 23, and she wished to attend. The Council agreed unanimously to authorize the Mayor to attend. SOUTH BAY CITIES MEETING 192 Mayor Swanson reported that the Transportation.Study will be discussed at the next meeting of the South Bay Cities on Thursday,, April 26 at Fillippone's Restaurant. ADMINISTRATIVE FEE FOR TRASH PICK UP 204 The Manager asked whether the Council wished to include an administrative fee in the fiscal budget for trash pick up. The Council agreed unanimously that no such fee should be added to the cost of trash service. WIN 2 211 REAL ESTATE TRANSFER TAX April 23, 1979 214 The City Attorney reported that at a recent meeting of the Board of Directors of the Community Association Mr. Forrest Riegel proposed that a real estate transfer tax be considered and that Mr. Kinley be requested to make the proposal to the Council. Councilman Crocker moved that no new tax be considered at this time. The motion was seconded by Councilman Heinsheimer and carried unanimously. CALIFORNIA CONTRACT CITIES ASSOCIATION 227 Mayor Swanson announced that the Annual Meeting of the California Contract Cities Association will be held in Palm Springs May 17-20. She asked that a member of the Council attend, if possible. ADJOURNMENT 230 Co' There being no further business to come before the meeting, (0 Councilman Heinsheimer moved that the meeting be adjourned. The motion O was seconded by Councilman Rose and carried unanimously. a a a APPROVED: Mayor -7- , z5w"'Xe City Cler %