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5/30/1979214. MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA May 30, 1979 An adjourned 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 Swanson at 7:30 P.M. Wednesday, May 30, 1979. ROLL CALL PRESENT: Councilmen Crocker, Pernell, Rose, Mayor Swanson ABSENT: Councilman Heinsheimer City Attorney William Kinley ALSO PRESENT: Teena Clifton City Manager Craig Robinson Administrative Assistant June Cunningham Deputy City Clerk Jody Murdock Planning Commission Chairman Don Hendrickson Architect APPROVAL OF MINUTES 1152 The minutes of the meeting of May 14, 1979 were approved and accepted as corrected on a motion made by Councilman Crocker, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer PAYMENT OF BILLS 1170 Councilman Pernell moved that Demand No. 8012 be voided and that Demands No. 8013 through 8044 in the amount of $20,727.90 be paid from the General Fund, The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer FINANCIAL STATEMENTS 1203 The Financial Statement for April 1979 was approved and accepted as presented on a motion made by Councilman Crocker, seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer CHACKSFIELD-MERIT SUBDIVISION, TRACT 33871 The Manager was requested to present a status report at the next meeting and to advise the Council of the amount necessary for bonding as defined in the conditions of approval of the tract on May 14, 1979. 219 May 30, 1979 PROPOSED BUDGET, FISCAL YEAR -1979/80 Councilman Crocker reported that he had reviewed the proposed budget sent to members of the Council and it was his recommendation that the Council consider increasing the rental of City facilities to the Community Association rather than re -allocating other charges including personnel and road striping. Councilman Pernell said the Council should look at the true costs, then allocate the charges, and he asked whether the City was subsidizing the Community Association in their rental agreements. Councilman Crocker said they were, to some extent;further, he said the charges for office space can be adjusted annually, since they are on a yearly lease; the riding ring lease is due for renewal next year, and there are 15 years remaining on the original 20 year tennis court lease. Councilman Crocker said he would recommend that the Continuing Education allocation -and the $4,000 Contingency Fund be eliminated, and that the City Attorney be asked to defend the increased litigation allocation. In conclusion, Councilman Crocker said $40,000 to $50,000 should be kept in the Reserve Fund for emergency or disaster. c Mayor Swanson said she thought the City should maintain control co over road striping and delineators, rather than transfer payment of 0 those charges to the Community Association. Q Q Councilman Pernell said that in a recent personnel session there Q was a discussion of more efficient use of resources, and it was his recommendation that consideration be given in the budget to increasing the efficiency and productivity of the staff, even if it means modify- ing the existing building. Councilman Pernell said he asked the City Manager to make her recommendations for the next meeting to be included in the budget discussion. Mayor Swanson said that Rolling Hills is not eligible for any bail- out funds, and she asked that the City Attorney's letter to her dated May 22, 1979 and his letter dated May 24, 1979 to Councilman Crocker be made part of the record. In his letter to the Mayor, Mr..Kinley advised that in response to a request by Councilman Crocker at the meeting of May 14 that he provide an opinion as to whether or not the City could collect a real property tax less than one percent of the full cash value of the real property, he had determined that the to tax collected by the counties must be apportioned according to the law to districts within the county. If a local agency notifies the county auditor that it does not wish to receive its total allocation, the funds not claimed are allocated and approtioned among the other cities and taxing agencies in the.county, and Mr. Kinley advised the Council that there is no apparent benefit to the tax payers of Rolling Hills in accepting any less than the amount allocated by the comptroller of the County of Los Angeles. Further, Mr. Kinley advised that since writing his opinion he was advised by the City Manager that it now appears that the monetary requirements for Rolling Hills for the fiscal year 1979-80 will exceed the amount received from the County. In his letter to Councilman Crocker Mr. Kinley reported that he was advised by the City Manager that it does not appear that the City will receive enough funds from ad valorem taxes collected for Fiscal 1979-80 to cover all expenses, and she believed it would be necessary to pass over to the Association some of the obligations the City has been paying. The Manager discussed with the City Attorney the possi- bility of having the Association pay the cost of all road striping, and the salaries of the. maintenance men who spend all their time repair- ing or doing maintenance work on the Association's roads or bridle trails. Mr. Kinley said this could be accomplished legally as the Association has the authority to expend funds for the enumerated purposed, and he had written a letter to that effect to Mr. Lloyd Mokler, Finance Officer for the Association. In conclusion, Mr. Kinley said that,he had received no increase in salary for inflation.for the year 1978-79 and he requested that because of the additional hours expended on the City's work, his salary as City Attorney be increased by fifteen percent. -2- ME May 30, 1979 Mayor Swanson said a public hearing would be held on the budget at the next meeting on June 11. Mrs. Clifton said she has met with Mayor Swanson and Councilman Crocker and the City Treasurer to discuss the proposed City budget, and has also met with members of the Board of Directors to discuss the proposed Community Association budget; if possible she wished to meet jointly with the finance officers and the treasurer to discuss both budgets prior to the public hearing. FIRE DANGER 1425 Mrs. Clifton advised the Council that the Fire Department is pro- ceeding with inspections for the City's Weed Abatement Program, and she asked that members of the Council advise her of any particularly hazardous areas. Councilman Crocker asked that she advise the Fire Department that weeds are extremely bad at the end of Spur Lane. The Mayor directed that a notice be placed in the Newsletter asking that residents call the City Hall to advise of hazardous areas. PURCHASE OF FOLDING MACHINE 1444 The Manager advised that the folding machine.used in conjunction with the City and Association mailings, especially the Newsletter, has developed mechanical problems, and the staff has had demonstrations of replacement machines. Mrs. Clifton said replacement of the equipment would cost approximately $800. Councilman Rose moved that the Council authorize purchase of a new folding machine at a cost not to exceed $1,000. The motion was seconded by Councilman Crocker, who suggested that the Community Association be asked to pay half of the cost. The motion was carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson. NOES: None ABSENT: Councilman Heinsheimer ZONING CASE NO. 222, MARVIN MALMUTH, GUEST HOUSE, 1493 Mayor Swanson opened discussion of the Council's review of the approval by the Planning Commission of a request by Mr. Marvin Malmuth, 3 Pine Tree Lane, for a variance of front yard requirements for con- struction of a guest house/servants' quarters. Councilman Rose said he had visited the site, and he moved that the Planning Commission's approval be sustained. Councilman Crocker said he visited the property with Councilman Rose, and Mr. Malmuth had offered, as a condition of the Council's approval, to enter into a written agreement never to subdivide the property, with the understanding that the agreement would go with the land. Councilman Rose withdrew his motion and offered a new motion to sustain the Planning Commission's approval on the condition that Mr. Malmuth agree in a written and recorded covenant that the property, which is in excess of five acres, will at no time be subdivided, and that the covenant run with the land, and that all illegal structures be removed from the easement. The motion was seconded by Councilman Crocker. In discussing the matter Mayor Swanson said she is concerned about the wet bar, which can provide kitchen facilities in violation of the building regulations and zoning ordinance. Mr. Don Hendrickson, archi- tect for Mr. Malmuth, said there is no way to pre -design such a structure to eliminate a future kitchen, and he said the wet bar was changed to a snack bar. The Manager was directed to .make the new submittal pre- sented by Mr. Hendrickson showing a snack bar "Exhibit B" for the file. -3- 11 221 May 30, 1979 The motion was carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer JOINT MEETING WITH THE PLANNING COMMISSION , 1664 Mayor Swanson said a joint meeting with the Planning Commission ° was scheduled for Monday, June 4, and she asked Planning Commissioner Murdock to discuss with the Council the matters to be considered at that meeting. The Council and Chairman Murdock determined that the following items would be placed on the agenda for the meeting: Proposed Change of Zone from RAS -1 to RAS -2 Front Yard Setback and Proposed Ordinance Amending Zoning Ordinance Budgetary Allocation for Staff Support Discussion and consideration of three draft ordinances re: Conditional Use Permits for guest houses, servants; quarters and cabanas Appeal Procedures by the City Council with regard to taking jurisdiction after Planninc Commission actions Personnel Session cSECURITY PROCEDURES o Councilman Rose said a resident who has lived in the City for five years has been the victim of five burglaries, and a vacant residence next door permits hidden access to the victim's home. He suggested that the Council, the Board of Directors, or both bodies, consider a procedure to require a guard service for houses that are vacant for more than 60 days. Mayor Swanson said most of the burglaries in the city occur during daytime hours. Councilman Pernell said he observed vandalism on signs in the City which occured between 7:00 and 8:30 A.M., between the time he drove to the City courts to play tennis and the time he returned home, a period of a few hours in daylight. PROPOSAL, PALOS VERDES PENINSULA REGIONAL LAV ENFORCEMENT 0 18/2 Mayor Swanson advised the Council that she attended a meeting of Peninsula Mayors at which a possible regional law enforcement plan was discussed, and she distributed cost factors based on participation by four cities, including Lomita, Rancho Palos Verdes, Rolling Hills and. Rolling Hills Estates. Mayor Swanson said the mayors agreed to take the information to their Councils and report on their response at their next meeting. Costs outlined in the proposal do not include costs of a Community Service_Officer, the Burglary Apprehension` Team or the State Grant Traffic Unit. Councilman Crocker said he had attended a discussion of mutual did agreements at a meeting of the South Bay Cities Association, and -it was his opinion that the contract with the County is preferable because of the staff and equipment available, especially in an emergency. He said the situation in Palos Verdes Estates is critical, since they have their own police and fire departments and have been severely af- fected by Proposition 13. Councilman Rose said traffic enforcement and a burglary apprehension team are needed in Rolling Hills. Council- man Pernell said the figures presented indicate there would be approxi- mately a 4o increase in the over-all cost. 222 May 30, 1979 Mayor Swanson said she felt the City should not close the door, and more information is needed before the Council can arrive at a decision Mayor Swanson said there would be an additional discussion at the next meeting of the Mayors, and she would report to the Council. LOMITA SHERIFF 135 Mayor Swanson reported that she had talked with Captain Douglas, Commander of the Lomita Sheriff's Station, and he assured her the speed limit would be enforced in Rolling Hills. The Mayor said she invited Captain Douglas to attend the City Council meeting on June 25, and she asked the Manager to confirm the date with him. LETTER RE: LT. THURNER 135 Councilman Rose asked that a copy of the letter to Sheriff Peter Pitchess commending Lieutenant Walter Thurner, previously approved by the Council, be sent to Mayor Jerry Belsky of Rolling Hills Estates. AB 83 (BROWN) LONG TERM LOCAL GOVERNMENT FINANCING 145 Mayor Swanson reported on her attendance at the,League of Cali- fornia Cities Conference in Sacramento, and she said that after pre- sentation at the conference of information regarding AB 83, whe wished to urge that a letter be sent to the legislators opposing the bill. The Mayor moved that the Council oppose AB 83 and notify Assemblywoman Marilyn Ryan and State Senator Robert Beverly of the action. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: Councilman Pernell ABSENT: Councilman Heinsheimer SB 858 (SMITH) LOCAL EMPLOYER-EMPLYEEE RELATIONS 225 Mayor Swanson reported that the League of California Cities has gone on record in support of SB 858 on Local Employer -Employee Relations, and it is her intention to abstain from voting in the matter. SOUTH BAY CITIES MEETING 239 Mayor Swanson advised the Council that she has invited Don Benninghoven, Executive Director of the League of California Cities, to speak at the South Bay Cities Meeting on June 28 at Fillipones' Restaurant, and he has advised her that he will attend. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33 - GUEST HOUSES 295 The Mayor referred the matter to the joint meeting of the City Council and Planning Commission on June 4 for discussion. URGENCY ORDINANCE NO. U-40 300 Mayor Swanson read into the record Urgency Ordinance No. U-40 which imposes a moratorium on guest houses for thirty days commencing May 30, 1979. Councilman Crocker moved that the ordinance, entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING ORDINANCE NO. 33 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR ZONING IN SAID CITY" be adopted. The motion was seconded by Coun- cilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer -5- CD O a a a 225 May 30, 1979 FIRE RETARDANT ROOF COVERINGS . 315 A report on Fire Retardant Roof Coverings prepared by Craig Robinson,.Administrative Assistant, was presented to the Council. Samples of fire retardant materi.al were displayed for the Council, and the report recommended that since Flame -X is a special purpose roof and is not classified as a fire retardant roof, an ordinance should be adopted which would prohibit use of Flame -X shingles as a fire retardant roofing material on new roofs and re -roofing of existing structures; that the Architectural Committee be requested to make a field trip to view other fire retardant roof covering alternatives listed in the report; and that the staff be directed to continue the investigations and research procedures..in other cities pertaining to fire prevention measures. Councilman Crocker said the Council should not concern itself with esthetics, but should direct their efforts to eliminating unsafe roofing materials by requiring Class "A" roofs. Mayor Swanson said the growing emphasis on solar heating could impact on the appearance aspepect of roofs, and she directed that the report on fire retardant roofing materials be sent to the Board of Diretors of the Community Association. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 157 - FLAME -X SHINGLES 329 Councilman Crocker moved that the proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 157 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE" CONTAINED IN THE 1975 EDITION OF THE BUILDING LAWS PUBLISHED BY BUILDING NEWS, INC., FOR AND INSTEAD OF THE PRESENT BUILDING CODE, AND MAKING OTHER AMENDMENTS be introduced, and that reading in full be waived. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer PROPOSED DIVISION OF LAND ORDINANCE 425 Mayor Swanson said she wished to set a special meeting date for the Council to review the proposed Division of Land Ordinance. Because of the number of items on the Council's agenda, the Mayor said the hearing on the proposed ordinance probably would not be held until August, and she asked that members of the Council who anticipate being away advise the staff. ABSENCE FROM COUNCIL MEETINGS Mayor Swanson said she will be out.of town from August 4 through August 12. Councilman Crocker said he will be away from August 11 through August 25. Councilman Pernell said he expects to be away late in July and will return early in August. DELAY STUDY ON PALOS VERDES DRIVE NORTH 452 Mayor Swanson asked that a letter be sent to Rolling Hills Estates advising that the Rolling Hills City Council is concerned about the proposed.improvement of Palos Verdes Drive North and wishes to be advised of all developments in the matter. The Mayor said she would work with the Manager on the letter to be sent to Mayor Belsky. CITY OF RANCHO PALOS VERDES RE: OPEN SPACE GRANT FUNDS 514 Ina letter dated April 16, 1979 Maynard Law, Director of Parks and Recreation, City of Rancho Palos Verdes, advised that the Roberti- Z'berg Urban Open Space Grant (SB -174) provides grants to local govern- ments for acquisition and development of parks, recreation and open. . sm 226 ,J May 30, 1979 space areas and facilities. Since Rolling Hills is unable to utilize the public grant fund, Mr. Law requested that the City's funds be allocated to Rancho Palos Verdes for use in developing the Point Vicente Park complex which could prove beneficial to the entire Peninsula. Allocations for Rolling Hills from 1976 through 1979 total $3,715. RESOLUTION NO. 415 . Councilman Crocker moved that Resolution No. 415, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN SPACE RECREATION PROGRAM be adopted, and that reading in full be waived. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: Councilman Heinsheimer REVISED PROJECT SHARES, SOUTH BAY CAREER CRIMINAL APPREHENSION 516 A revised Project Shares assessment for cities participating in the South Bay Career Criminal Apprehension Program was presented to the Council. The Mayor ordered the matter held on the agenda for consideration at the next meeting. PLANNING COMMISSION RE: FRONT YARD SETBACK REQUIREMENT 530 In a letter dated May 22 the Planning Commission recommended that the Council direct the Planning Commission to undertake a review of present City setback requirements, hold public hearings if appro- priate, and report to the Council on their findings. A sample of a proposed amendment of the Zoning Ordinance amending Section 3.06, Front yards, was attached. Mayor Swanson directed that the matter be referred to the joint meeting of the City.Council and the Planning Commission for discussion. CHANGE IN MEETING TIME 543 The Manager requested that the meeting on June 11 be changed to 7:15 P.M. to give the Councilmembers an opportunity to review the emergency telephone system and generator installed in the City Hall before the start of business at 7:30. ADJOURNMENT 553 Mayor Swanson adjourned the meeting at 10:40 P.M. to reconvene with the Planning Commission at 7:30 P.M. Monday, June 4, 1979. APPROVED: Mayor -7- i 3y 7eC__l