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6/11/1979231 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 11, 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 Swanson at 7:30 P.M. Monday, June 11, 1979. ROLL CALL PRESENT: ABSENT: ALSO PRESENT APPROVAL OF MINUTES Councilmen Crocker, Pernell, Rose, Mayor Swanson Councilman Heinsheimer arrived at 7:40 P.M. None Teena Clifton William Kinley June Cunningham D:.McHattie G. Shaw Mrs. C. Bennett Mrs. R. Bernstein W. Corette G. Feister Dr. &.Mrs. R. Hansen Dr. & Mrs. R. Hoffman Mrs. C. Kelly Dr. J. Link Mrs. E. Mickelson Mr. & Mrs. H. Miller Mrs. B. Raine Miss B. Raine Mr. & Mrs. F. Ripley F. Ripley Jr. Mrs. M. Rothi Dr. P. Rubenstein Mrs. M. Surprenant Mrs. L. Taylor Mrs. A. Webb Mrs. L. Zimmerman 583 City Manager City Attorney Deputy City Clerk SouthBay Engineering Corp. Architect Residents The minutes of the meeting of May 30, 1979 were approved and accepted as presented on a motion made by Councilman Rose, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None PAYMENT OF BILLS Councilman Crocker moved that. Demands No. 8045 through 8078, with the exception of Demand No. 8067 which was voided, be paid in the amount of $6,313.27 from the.General Fund: The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None 232 June 11, 1979 CHACKSFIELD-MERIT, TRACT 33871, BONDING REQUIREMENT 620 The Manager distributed copies of correspondence from South Bay Engineering Corporation giving the estimated costs for renovation of Johns Canyon Road. Mr. Douglas McHattie advised that the total cost for drainage, grading and pavement would be $68,362, and he submitted the allocated costs for participation by property owners based on two party participation; the Storm subdivision consisting of 11 lots, and the Chacksfield-Merit subdivision consisting of 8 lots; also allocated costs for participation by three property owners, including Mr. Gordon Shultz, based on a future three lot subdivision. Copies of a letter dated June 8, 1979 from Mrs. Clifton to Mr. Shultz were also distributed. Mrs. Clifton said she attempted to contact Mr. Shultz by phone but had not reached him. Mr-. Kinley said Mr. Shultz called him and said he would be willing to contribute $4500 to the project, which is approximately 50% of the cost allocated for his share, and would pay the balance of his share of the costs when he subdivides his property in the future, if the City will agree to execute an agreement with him stating that that will be the total financial participation required of him for road improvements on Johns Canyon Road in connection with future subdivision of`his property. Mr. Kinley said he had discussed with Mr. Shultz the problems of inflation, but Mr. Shultz said he did not know when he would be ready to proceed with the subdivision. Councilman Crocker said Mr. Storm had indicated that he might not proceed with development of his property after his subdiv- ision is completed, and costs for improving the road undoubtedly will escalate considerably.. Rather than enter into an agreement with Mr. Shultz and try to establish a satisfactory amount for bonding by the other developers, Councilman Crocker said he would recommend that,the Council agree to proceed with the improvement on a two party basis, and equitable requirements for improvements could be required from Mr. Shultz if he subdivides his property in the future. Councilman Heinsheimer said he agreed that the developers who are actively working on subdivisions should pay for the road improvement; the primary responsibility is with Chacksfield-Merit if they wish to complete their subdivision. If Mr. Storm continues with his subdi- vision, he should participate in the road improvement, and if the road needs repairs in the future, costs could be assessed to Mr. Shultz when he subdivides his property. Further, Councilman Heinsheimer said the agreement concerning costs should be between the parties involved, and he suggested that the City Manager verify the estimates. Mrs. Clifton said she checked the figures and determined that the figures for pavement are in line; she said she could not comment on the esti- mate for grading. Councilman Rose said he had observed that there is stockpiling of rocks and building materials in the easement near Mr. Shultz`s property, and he requested that enforcement against the violation be initiated. Mr. Kinley said he would go to the site and report to the Council.at the next meeting. Mayor Swanson asked when the road work would be done. Councilman Crocker suggested that Mr. Storm be required to post a bond equal to 1500 of his share, to be required when his final map is approved, so Chacksfield-Merit can proceed with the improvements when their final map is recorded, since Mr. Storm has indicated that he may not develop his property for a number of years. Councilman Fernell asked whether the City would be involved in the negotiations between the subdividers. Councilman Crocker said he attended a meeting between the subdividers with the City Manager, and Mr. Storm and Mr. Collis, developer of the Chacksfield-Merit property, had agreed to pay for the road improvements. The Manager was requested to verify the costs presented and make a status report to the Council at the next meeting, and the City Attorney was asked to report on the matter of stockpiled materials in the easement. The matter was held on the agenda. -2- CD co 0 a a a 233 June 11, 1979 BRUSH FIRE - JUNE 9, 1979 790 The City Manager distributed copies of the report from Fire Chief Earl Fordham of the Operations Bureau, Los Angeles County Fire Depart- ment, on the brush fire in Rancho Palos Verdes, adjacent to the City of Rolling Hills on June 9. Chief Fordham reported that 56 total units responded, consisting of 41 engine companies, 5 patrols, 2 helicopters with crews, 6 ground crews, 1 dozer and 1 command helicopter. There were a total of 275 personnel on the fire, which started at 5:45 P.M. and burned approxi- mately 75 acres, with damage to one outroof and an unknown number of fences in Rancho Palos Verdes. Mrs. Clifton reported that members of the Rolling Hills staff were called to the Administration Building, and the emergency telephone system was activated. Councilman Pernell said he was at the City Hall, and he observed that response to the emergency situation was good, but in his opinion three improvments were needed: additional volunteers, additional information available to residents, and surveillance of vacant homes. Councilman Crocker described his family's efforts to save their home, which was destroyed by fire in 1973, and he said response time was slow and water drops were delayed, but when they started they were very effective. Councilman Crocker said only grass burned, with few trees affected, and he though this resulted in full control and less loss of structures. Councilman Rose said he observed that the helicop- ters were very effective in achieving control. Mrs. Clifton said the Fire Department was taxed severely:during the three alarm situation, and the procedure established after the 1973 'fire was followed. Councilman Pernell said there should be a clarification of security.measures at the gates, and he observed that non-residents were admitted through the Main Gate; the other gates remained closed. Councilman Crocker said it is important to be sensi- tive to the entire situation, since some residents call friends for help, and he called on employees of one of his neighbors who was away from the City to come to give assistance if needed for the vacant house. Councilman Heinsheimer said a policy should be established regarding admission to the City during emergencies and people should be considered before property. Mayor Swanson said she was out of town at the time, but is very concerned about the entire situation and plans to discuss the problems with the.fire chief. Mrs. Cathy Kelly, 2 Pinto Road, said she is concerned because the fire road which provides access between the Flying Triangle area of' Rolling Hills and the City of Rancho Palos Verdes is clogged with weeds and made access difficult for the fire trucks. Dr. and Mrs. Richard Hoffman, 73 Portuguese Bend Road, said the weeds have not been removed from the 19 acres in the Flying Triangle Extension. The Manager was directed to contact the owner. Mrs. Louise Zimmerman, 12 Cinchring Road, said she wished to compliment the City personnel on their response She said the major problem to residents in the area closest to the fire was the number of sightseers, residents of Rolling.Hills, who clogged the roads with vehicles and came with cameras and binoculars to ob- serve the progress of the fire. Mrs. Zimmerman said she asked the people to leave, and explained that if the fire reached "Flat Top" residents in the Flying Triangle and Crest Hills would have approxi- mately five minutes to leave their homes to escape, and she said she received only one offer of assistance; the crowd of sightseers would have made evacuation difficult or impossible. Councilman Crocker asked that residents be advised in the News- letter of the severe fire hazard and that fireworks are illegal. Councilman Pernell asked that letters of appreciation be sent to residents who came to the Administration Building to assist during the emergency. Mayor Swanson asked that the matter of policy during emergencies be placed on the agenda for the.next meeting. -3- 234 June 11, 1979 COUNCILMAN ROSE LEFT THE MEETING AT 8:45 P.M. ZO!dING CASE NO. 231, DR. STANLEY WISHNER, 31 PORTUGUESE BEND ROAD 1100 Mr. George Shaw, architect for Dr. and Mrs. Stanley Wishner, 31 Portuguese Bend Road, advised the Council that at their meeting on June 5, 1979 the Planning Commission voted to deny the Wishner's request for a variance of front yard requirements to permit an exist- ing structure to remain in the front yard setback. Mr. Shaw said Dr. Wishner plans to appeal the decision to the Council and in order to expedite the matter, he requested that the Council take jurisdiction in the matter and plan a field trip to the site, so the appeal can be placed on the agenda for the next Mr. Shaw submitted a letter of appeal and plans to the Council. Mayor Swanson advised Mr. Shaw that Actions of the Planning Com- mission would be reviewed as a regular agenda item later in the meeting and the request would be considered at that time. COUNCILMAN ROSE RETURNED TO THE MEETING AT 9:05 P.M. PUBLIC HEARING, PROPOSED CHANGE OF ZONE FROM RAS -1 TO RAS -2 1132 Mayor Swanson opened a meeting of a public hearing to consider a proposed change of zone from RAS -1 to RAS -2 in all portions of the City not now zoned RAS -2 or C -L. The Clerk reported that the hearing was duly noticed as required by law. Mrs. Clifton read the findings of the Planning Commission dated May 11, 1979 and their recommendation that current zoning in the City not be changed, into the record. A note from Mrs. Mimi Hartwig, .3 --Pinto R.oad,.expressing approval of the proposal to change the zoning to RAS -2 was entered into the file on the matter. . Mayor.Swanson said copies of all minutes of Planning Commission hearings and meetings are sent to the Council, and she asked that residents speak only if they had new evidence to present, since the Council was fully informed on evidence presented by residents at the earlier hearings, The following residents spoke in favor of the proposal to change . the zoning: Mrs. Betsy Raine,.71 Portuguese Bend Road; Mr. William Horn, 16 Southfield Drive; Mrs. Ann Webb, 36 Chuckwagon Road; Dr. John Link, 44 Portuguese Bend Road; Mr. William Corette, 35 Eastfield Drive; Dr. Paul Rubenstein, 25 Eastfield Drive; Dr. Richard Hoffman, 73 Portuguese Bend Road and Mrs. Cathy Kelly, 2 Pinto Road. The following residents spoke in opposition to the proposal: Dr. and Mrs. Roland Hansen, 11 Eastfield Drive; Mrs. Mary Ann Surprenant, 7 Eastfield Drive; Mrs. Cherie Bennett, 3 Eastfield Drive; Mrs. Evelyn Mickelson, 14 Outrider Road; Mr. George Feister, 5 Buckboard Trail; Mr. Fritz Ripley, 91 .Crest Road East and Mrs. Rosemary Bernstein, 9 Eastfield Drive. In discussing the matter, Councilman Heinsheimer explained that after receiving the recommendation of the Planning Commission that the zoning not be changed, the Council scheduled a public hearing to give residents an opportunity to appear before the Council and make their wishes known before deciding whether to accept the Planning Commission's recommendation. Councilman Crocker said there are alternative actions possible, including reversing the recommendtion of the Planning Commis- sion and changing the zone; changing zoning in certain areas, excluding other areas from the change; or deferring action for a specified period to give residents who wish to subdivide their properties an opportunity to file subdivisions with the understanding that after a specified date the zoning would be changed. Councilman Pernell said that two questions to discuss were whether the Council should taken any action after re- ceiving the Planning Commission's recommendation, and why the study was initiated, in the absence of a request by residents in the affected areas that the zoning be changed. Councilman Pernell said the Council's de- cision to pursue the matter was based on their concern for the totality of the safety and character of the city. Further, he said the Council would consider the comments of the residents and then vote on the matter. 235 June 11, 1979 Mayor Swanson explained that the Planning Commission is an advisory. body, and the elected officials would make the final decision, taking into account the recommendation of the Planning Commission and the comments of the residents. The Mayor closed the public hearing. In discussing the findings of the Planning Commission, Council- man Heinsheimer said he considered the statistic reporting 191 possible additional lots misleading, since many of the properties in excess of . two acres would not qualify for subdivison because of topography and the number of modifications of regulations which would be required. Councilman Rose said that since most of the lots would not be subdi- vidable, an effort should be made to stop misrepresentation by realtors, who advertise properties in excess of the basic acreage as a possible subdivision. Councilman Heinsheimer said that calling an area a two acre zone does not mean that it consists of parcels containing two or more acres, and it was his opinion that in the matter before the Council, changing zoning in an area where most of the lots would be less than the speci- fied acreage would create more problems than it would solve. Council- man Pernell said he concurs with Councilman Heinsheimer, and it was his CO opinion that since the residents who would be affected are in favor of O maintaining the status quo, the Planning Commission and the City Council Q could control development by strict adherence to existing regulations, Q and he said the ordinance which controls the percentage of permitted Q development of.a property is an added safeguard. Councilman Crocker said he is in favor of the change, provided that people have a fair chance to determine whether or not they have a subdividable property. Councilman Crocker said he did not agree that the zoning would be a misrepresentation of density, but in the absence of requests from the residents in the area, he thought the Council should not change the zoning at this time. Mayor Swanson said she did not think the Eastfield area should should be changed to two acre zoning, since there are few lots in that part of the city which would qualify for subdivision under the strict regulations which exist. Mayor Swanson said development could be con- trolled by enforcing the existing guidelines and ordinances. Councilman Heinsheimer moved that the Council accept the Planning Commission's recommendation that the zoning in the City not be changed. The motion was seconded by Councilman Pernell and carried by the fol— lowing roll call vote: AYES: Councilmen Heinsheimer, Pernell, Mayor Swanson NOES: Councilmen Crocker, Rose ABSENT: None Councilman Crocker moved that the Council hold a public hearing to determine whether zoning should be changed from RAS -1 to RAS -2 in one acre zones in the City exclusive of Eastfield, on a date to be determined. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Crocker, Heinshiemer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None GATE SECURITY - ENTERPHONE SYSTEM 150/2 The Manager presented information on a proposal for installation ofa gate security system available from General Telephone. Mrs. Clifton said the cost would be $13 for each unit tied in with the gates. and $3 per month charge for telephone communication between the gates and each residence in the City. A feature of the system is the -5- 236 June 11, 1979 ability to contact a resident by introduction of a tone, even if the telephone is being used, without terminating the call, which can be resumed after talking with the caller at the gate. Tors. Clifton said the information will be presented to the Board of Directors at their next meeting, with a request that they pay the installation cost of approximately $8500 and the yearly charge of approximately $23,500 for one unit per residence at $3 per month, for the security system. A further feature would be a computerized system for quickly checking special instructions such as "no visitor" requests by residents before contacting the resident. Councilman Rose moved that the Council urge the Board of Directors to approve installation of the system. Councilman Crocker seconded the motion. Councilman Pernell asked whether information was obtained about other private communication systems. Councilman Heinsheimer said there are other systems which can do a similar job, and it was his opinion that the alternatives should be investigated. Councilman Rose amended his motion to urge the Board of Directors to pursue installation of a security system which would require the gate to contact each residence before non-residents are admitted to that residence. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose NOES: None ABSENT: None ABSTAINED: Councilman Heinsheimer, Mayor Swanson RECESS Mayor Swanson declared a recess at 11:00 P.M. The meeting was reconvened at 11:10 P.M. PLANNING C0MMISSION ACTIONS 260 A memo dated june 7, 1979 from the Planning Commission reporting actions by the Planning Commission on June 5 was presented to the Council. With regard to Zoning Case No. 231, Dr. Stanley Wishner, denial of a request for a front yard variance to permit an existing non- conforming building to remain in the front yard, the Mayor said that in response to the applicant's appeal 6f the Planning Commission's decision, a field trip would be scheduled and the hearing would take place at the next meeting. The field trip._was...schedulod_-for__Sunday, June 17 at 10:00 A.M. at the site, 31 Portuguese Bend Road, and Dr. Wishner was advised that the hearing on his appeal will be held at the next regular meeting, June 25, 1979 at 8:00 P.M. The Planning Commission's action was sustained on the following matters: ZONING CASE NO. 222, MARVIN MALMUTH, 3 PINE TREE LANE Conditional Use Permit for Guest House approved with conditions ZONING CASE NO. 229, ERNEST YNUTZEN, 9 WIDE LOOP DRIVE Conditional Use Permit for Tennis Court approved with conditions ZONING CASE NO. 230, PAUL LUPO, 4 GEORGEFF ROAD Conditional Use Permit for Tennis Court denied June 11, 1979 PROPOSED BUDGET, FISCAL 1979/80 237 Mr. Kinley said that in response to a request made at the last meeting that he explain his request for an increase in the allocation for litigation in the proposed budget, he had based his request on new legislation which would make the City liable for the attorney's fees for the party bringing the action in any litigation brought as a result of decisions concerning zoning and subdivision. Because of this new liability, Mr. Kinley recommended that the allocation for litigation be increased by $1,000. Mayor Swanson deferred additional discussion of the proposed budget to the next meeting. SOUTH BAY CAREER CRIMINAL APPREHENSION PROGRAM . 322 A letter dated April 5, 1979 from the City of'Redondo Beach.giving the revised Project Shares assessment for cities in the South Bay Career Criminal Apprehension Program was presented to the City Council. The . revised assessment for Rolling Hills based on percentage of population is $336.60. 0 Mayor Swanson moved that the City Council approve continued parti- cipation in the program by the City of Rolling Hills. The motion was Q seconded by Councilman Crocker and carried by the following roll call Q vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Payor Swanson NOES: None ABSENT: None ORDINANCE NO. 168 - FLAME -X SHINGLES 350 .Councilman Crocker moved that Ordinance No. 168, 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, which was introduced at the last meeting on May 30, 1979, be adopted, and that reading in full be waived The motion was secon- ded by Councilman Pernell and carried by the following roll call,vote: AYES: Councilmen Crocker, Heisnheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None FIRE RETARDANT ROOFING MATERIALS A site list of roofing materials compiled by Craig Robinson, Administrative Assistant, giving the location of structures with fire retardant roofs was presented to the Council. Mrs. Clifton said she, Mayor Swanson and Mr. Robinson would go to West 139th St. in Hawthorne to look at a Briar Shake installation, and the Council requested that Polaroid pictures be taken for submission to them at the next meeting. Mrs. Clifton reported that the manufacturer of Cal -Shake, a light weight fire -retardant material which was approved by the Archi- tectural Committee, has gone out of business. Mayor Swanson asked that the Community Association be advised of the urgency of the prob- lem of finding satisfactory material to replace Flame -X, which has been made illegal by adoption of Ordinance No. 168. -7- 238 June 11, 1979 PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33 - GUEST HOUSES 352 Mayor Swanson ordered the proposed ordinance held on the agenda until the next meeting to give members of the Council an opportunity to read comments from members of the Planning Commission with regard to adoption of version #2 of the proposed ordinance as prepared by the City Attorney. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33 - FRONT SETBACK 354 Councilman Rose moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 33 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR ZONING IN SAID CITY" be introduced, and that reading in full be waived. Councilman Crocker seconded the motion, which was carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: Councilman Heinsheimer ABSENT: None ABSTAINED: Councilman Pernell The proposed amendment would change the front yard setback from thirty feet to fifty feet, and was requested by the Planning Commission. PROPOSED DIVISION OF LAND ORDINANCE 360 The proposed ordinance was held on the agenda. OFFICE OF THE SHERIFF 365 A letter dated May 31, 1979 from the Office of the Sheriff, Lomita Station, enclosing a County Ordinance prohibiting demonstration equipment was received for the file. LEAGUE OF CALIFORNIA CITIES, ANNUAL CONFERENCE RESOLUTIONS 370 In a letter dated May 23, 1979 from the League of California Cities, the Council was asked to submit resolutions for consideration at the Annual Conference September 22 to the Division's Resolutions Committee by June 30. The letter was received and filed. SOUTHERN CALIFORNIA EDISON COMPANY 382 A letter from Southern California Edison Company dated June 81 1979 advised that the undergrounding of all overhead facilities on the property of Robert Stander, 11 Saddleback Road has been completed. A motion to release the bond posted for the underground conversion was made by Councilman Heinsheimer, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None PERSONNEL SESSION Mayor Swanson adjourned the meeting to a Personnel Session at 11:30 P.M. ADJOURNMENT The meeting was reconvened and adjourned to the next regular meeting on Monday, June 25, 1979. City,�Werk APPROVED Mayor -8-