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6/25/1979239 MINUTES OF THE REGULAR 1MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 25, 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 25, 1979. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmen Crocker, Heinsheimer, Rose, Mayor Swanson Councilman Pernell arrived at 7:40 P.M. None Teena Clifton William Kinley L. D. Courtright June Cunningham Craig Robinson Capt. E. Davis G. Shaw Dr. S. Wishner K. Watts J. Farrow City Manager City Attorney City Treasurer Deputy City, Clerk Administrative Assistant .'Commander, Lomita Station Architect Residents Councilman Crocker moved that the minutes of the meeting on June 11 be approved and accepted as corrected. The motion was seconded by Coun- cilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Rose, Mayor Swanson NOES: None ABSENT: Councilman Pernell FINANCIAL STATE14ENTS Councilman Crocker moved that the Financial Statements for May 1979 be approved and accepted as presented. The motion was seconded by Coun- cilman Rose and carried by the following roll call 'vote: AYES: Councilmen Crocker, Heinsheimer, Rose, Mayor Swanson NOES: None ABSENT: Councilman Pernell PAYMENT OF BILLS Councilman Crocker moved that Demands No. 8084 and 8085 be voided; that Demands No. 8086 through 8115, with the exception of Demands No. 8087, 8088, 8097 which are voided, be paid in the amount of $12,020.97 from the General Fund, and that Demand No. 8116 in the amount of $96.07 be paid from the General Fund. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: NOES: ABSENT: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson None , None 9M June 25, 1979 PERSONAL APPEARANCE, CAPTAIN ED DOUGLAS, SHERIFF'S LOMITA STATION Mayor Swanson welcomed Captain Ed Douglas ' , recently appointed commander of the Sheriff's Lomita Station, to the meeting. Captain Douglas said he had met recently with the Mayor and the City Manager and the purpose of his visit was to become acquainted with the other members of the Council. Topics discussed by Captain Douglas and members of the Council included the recent increase in burglaries, installation of a security system at the gates, enforcement of the City's speed limits, and regional law enforcement. With 'respect to a statement by Captain Douglas that he served at the Sheriff's Malibu Station, Councilman Pernell asked that he assist the City of Rolling Hills with a plan for controlling sight- seers and evacuating animals during fire emergencies. Councilman Heinsheimer asked whether the Sheriff's Ride Along Program is still in effect, and he was advised that it is. Mayor Swanson thanked Captain Douglas for his appearance before the Council. ROOFING MATERIALS 625 470 The Manager advised the Council that she had gone to a residence in Hawthorne with Mayor Swanson and Craig Robinson, Administrative - Assistant, to look at a Briar Shake installation. In a memorandum to the Council dated June 25 the Manager advised that the architects employed by the Rolling Hills Community Association viewed the roof and objected to the material because they thought it looked artificial and would cheapen the houses, although they did not object to the color or texture. 'In a memo to the Council 'dated June 22 Mr. Robinson advised that samples of a concrete tile material would be available at the meet- ing. Mr. Robinson said the Architectural Committee was requested to give top priority to the problem of approving an acceptable fire retardant roofing material. Mr. Robinson showed the tile samples furnished by Monray Corp. in Corona, and he said they were presented as an acceptable alternate for Cal -Shake, which is no longer manufactured. Mr. Robinson said Koppers, which has been approved by the Architectural Committee, is approxi- mately three times the cost of Cal -Shake. Councilman Rose asked if existing houses could support the tile displayed to the Council, and Mr. Robinson said residences would have to be evaluated on an.indiv- idual basis with regard to supporting the roof. Mayor Swanson said the greatest problems facing the community with regard to finding an acceptable alternate material are urgency and expense. The Mayor said the prime consideration should be fire retardancy, cost, weight, and insulation characteristics, and she said she discussed the urgency of the matter and the need for the Architec- tural Committee to.act promptly with Mr. Stringfellow, President of the Board of Directors. Mr. Kenneth Watts, 1 Wrangler Road, advised the Council that he was told that the City of Big Bear approves installation of untreated shakes over galvanized steel sheathing, and that the method of instal- lation limited damage to roofs from burning brands in case of fire. Councilman Rose suggested that a member of the staff contact the City of Big Bear for specific information about the installation described, and that a report be made at the next meeting. Mr. Kinley said he had seen an installation of Briar Shake on a condominium development in Long Beach, and he suggested that members of the Council visit the site, since Mr. Kinley said he thought the roof looked good. The City Attorney said he would provide the Council with the address. The matter was held on the agenda for additional information. SPAS 241 June 25, 1979 STOCKPILING OF BUILDING MATERIALS Councilman Crocker requested that the matter of stockpiling of building materials by Mr. Shultz in the easement of his property on Johns Canyon Road be placed on the hold agenda for a report by the City Attorney. The Mayor so ordered. VACATION SCHEDULE 738 Mayor Swanson said she had asked the Manager to submit her proposed vacation schedule to the Council, and to advise them who will be in charge in her absence. Mrs. Clifton -s-aid the vacation schedule for the entire staff has been prepared and will be sent to the Council. HEARING ON APPEAL, ZONING CASE NO. 231, DR. STANLEY WISHNER 750 Mayor Swanson opened a hearing on appeal filed by Dr. Stanley Wishner, 31 Portuguese Bend Road, on denial by the Planning Commission co of a.request,for a front yard variance for an existing structure in (o the front yard. The Mayor asked that the record .show that all members O of the Council received an excerpt from the minutes of the Planning Q Commission meeting on June 5, reporting the Commission's action. Q Councilman Crocker suggested that since the basis for the denial Q was the proximity of the.structure, which was built as a stable but is now used for storage, to a proposed residence addition, the Council could consider requiring that the building be modified so that 50% could be used as a stable and 50% could be used for storage, with a requirement that the entry to the stable be more than 35 feet from the residence and the storage portion'of the building could be closer to the proposed residence addition. To enforce the stipulation with regard to use, Councilman Crocker said a covenant could belrequired from the owner. Mr. Kinley said such a covenant could lead to further litigation to enforce, and he advised against it. Councilman Heins- heimer said it was contrary to the characteristic of the community to require that an existing stable be removed, or that the use be changed to accommodate a residence addition. Mayor Swanson said the structure was built in 1944, before .the zoning ordinance was in existence, and was not in conflict with any regulations at that time. The problem now exists because the Wishners wish to add on to their home in the only practical manner, which brings the accessory building into conflict .with.their plans. Commissioner Pernell said he would like to hear from the appellant. Dr. Wishner said he wished to add three bedrooms and two baths, while trying to maintain the character of the community and nres.ervie the atmosphere of his property. Dr. Wishner said a lot of work had gone into the project before the problem became evident, and he asked that progress of the residence addition not depend on removal of an existing building. Councilman Heinsheimer asked for clarification of the matter with regard to requiring a front yard variance for a structure in the front set back, and he asked whether an additional variance was necessary if the structure was not to be used as a stable. Mr. Kinley said the only request made to the Planning Commission was for a front yard var- iance for an existing structure in the front set back, and the word "stable" was not used in the motion of denial by.the Commission. Mr. George Shaw, architect for Dr. Wishner, displayed the plan and he advised the Council that an area for a stable with access to it was provided in a legal location as required by the ordinance. In a straw vote of the Council Mayor Swanson determined that all mem- bers .of the Council were agreeable to leaving the building as it is. Councilman Pernell said he was concerned about the future use under new ownership, since the building does look like a stable. The City u Attorney said the Council could attach a condition prohibiting future use of the building as a stable. -3- 242 June 25, 1979 Councilman Crocker moved that the Council over rule the decision of the Planning Commission and grant a front yard variance on condition that the building not be used to house animals. Councilman Rose secon- ded the motion. The City Manager advised the Council that she was concerned about a lack of consistency in approving the variance for the structure, and also about the difficulty of enforcing the conditions of approval. She asked that the Council give serious thought to the precedent that they might be establishing. Mr. Kinley said enforcement could be assured either by a covenant or by a restriction on the use. Councilman Rose said he would prefer a covenant. Councilman Pernell asked why a cov- enant would be preferable to a condition attached to the approval; Councilman Crocker said a covenant would be a matter of record on the title policy. Councilman Rose amended the motion to require that the approval of the front yard variance be subject to a covenant regarding use of the structure. The motion was seconded by Councilman Crocker. The amendment to the motion carried on the following roll call vote: AYES: Councilmen'Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None The motion as amended carried on the following roll call vote: AYES: Councilmen Crocker,-Heinsheimer., Pernell, Rose Mayor Swanson NOES: None ABSENT: None The City Attorney advised Dr. Wishner that as a condition of approval, he should have his attorney prepare a covenant to be forwar- ded to Mr. Kinley for approval. Mr. Shaw advised the Council that the plans for the residence addition show the main residence 47 feet from the road, and an item on the Council's agenda is second reading and adoption of an amend- ment to the zoning ordinance which would change the front set back requirement from 35 to 50 feet. In discussing the matter members of the Council agreed that there should not be a further delay because of a subsequent change in the ordinance after consideration of the plans, and it was suggested that an exception be made in Dr. Wishner's case. Mr. Kinley said the ordinance could include an exclusion for all plans which have been submitted, rather than make a single exclu- sion for Dr. Wishner. Further, Mr. Kinley said the date on which the ordinance becomes effective could be delayed to accommodate the plans already submitted. PRESENTATION TO COUNCILMAN HEINSHEIMER 1018 Mayor Swanson presented a framed commemorative poster signed by Paul Conrad, the artist, commemorating the Gordon Bennett Balloon Race in Long Beach on May 26, 1979 to Councilman Heinsheimer, who initiated return of the race. Councilman Heinsheimer thanked Mayor Swanson and the Council, and said he wished to present the gift poster to the City, to be displayed where it could be seen by the public. I . June 25, 1979 PROPOSED BUDGET, FISCAL 1979/80 1055 243 Mayor Swanson opened a public hearing on the proposed Budget for Fiscal 1979/80. The preliminary budget, dated June 20, 1979, was're viewed and the Manager said that at a recent meeting with Councilman Crocker and Director Bray, the key issue was discussion of allocation of charges for rental of a portion of the City Hall and Maintenance Building by the Community Association. Mrs. Clifton said the Board of Directors held a public hearing on the Community Association's preliminary budget at the last meeting, and the Board agreed with the allocation of charges. Mrs. Clifton -.said the'Board discussed the possibility of hiring an appraiser to verify the charges with regard to fair rental value, and the Manager said she advised the Board that Mr. Crocker had some- one in his company review and verify .the figures, but the Board felt it would be more business -like to hire an appraiser, to be paid for jointly by the City and Association. Councilman Crocker suggested' that the Manager contact a local realtor who is familiar with the area to appraise the property for a nominal fee. Councilman Heinsheimer co said he did not think the citizens' money should be'used to solve an Co administrative problem. Mayor Swanson said she would discuss the '. O matter with Mr. Stringfellow, Board President, and she invited other Q Council members to join in the discussion if they wished to do so. Q Councilman Crocker said an important policy question facing the Q Council is their wish to keep a.reserve fund of $40,000, since in the next year $35,000 of that fund, including $10,000 from CETA, will note be available. In order to assure the reserve fund, Councilman Crocker said it will be necessary to charge the Community Association a fair rental, or services will have to be cut dramatically to balance.the budget. Mr. Larry Courtright, City Treasurer, said the essence.of.the Gann Initiative is to limit.future appropriations, and if_the revenues and taxes collected.exceed the appropriationts there has to be a credit. Under the Gann Initiative the limitation can.:be exceeded for emergencies or catastrophe, with three years allowed to pay back, he said. Mr. Courtright recommended that a basis for anticipated expenses.be estab- lished, and he said the City faces self-insurance for recurring fire and flood damage, such as that experienced in the Poppy Trail area. Since such expenses could be recurring expenses, Mr. Courtright recom mended that the unappropriated funds for 1978/79 be allocated to a FIRE AND FLOOD SELF-INSURANCE FUND, which should be'a line item in the budget, and that the appropriation be made each year. Councilman Rose moved that the Council approve.Mr. Courtright's recommendation and allocate $40,000 from the City' -s 1978/79 Reserve to a line item in the budget to be called FIRE AND FLOOD SELF-INSURANCE FUND. 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 In discussing the preliminary budget, Mayor Swanson said that Line 84 shows .an allocation of funds for Conference Expense/ICMA, and no allocation for conference expense for the Council or City Attorney. The Mayor asked that the fund for Conference expense be made availabe to members of the Council, the Manager and Attorney. Mrs. Clifton said that in addition to the International City Managers' Association, the find included an appropriation for the League of. California Cities Conference. The Council agreed to the deletion of ICMA from the line item. Mayor Swanson said she wished to have a line item for underground utilities included in the Budget. Council- man Crocker said it should not be included because of the Council's intent to adopt a lean budget. Mayor Swanson asked about the $336 -5- 244 June 25, 1979 allocated to So. Bay Juvenile Diversion Program on Line 93. Mr. Kinley said that was the figure supplied to the City as its share for participating in the program. Mayor Swanson suggested that Publishing, Line 94, be changed to Sales Tax, (A.E. Hanson Book). The Manager said the wording was carried over from last year's budget; the cost is actually for sales tax, not publishing. Mr. Courtright said the decrease in the total for Public Works Expenditures from $57,663 to $36,705 in Line 111 refelected the reallocations in Charges for Current Services, where the figure in Line 37 changed from $9,156 to $15,737, and transfer of the Maintenence Foreman's salary from Line 100 to Line 56, Architectural Inspector/Maintenance Foreman. Councilman Crocker moved that the preliminary budget dated June 20, 1979 as revised at the City Council meeting on June 25, 1979 be adopted. The motion was seconded by Councilman Rose.and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None SOUTH BAY CITIES MEETING Mayor Swanson urged members of the Council to attend the meeting of the South Bay Cities on Thursday, June 28 at Fillippone's Restaur- ant in Torrance. The Mayor said the topic of the program will be Outlook for Local Government Financing. Mr. Don Benninghoven, Execu- tive Director of the League of California Cities in Sacramento will speak on Long Term Financing. Mr. Clifford Allamby, Principal Program Budget Analyst for all budgets in the Governor's Finance Office will speak on Prospects for Local Government Finance. RESOLUTION NO. 416 1320 Councilman Crocker moved that Resolution No. 416 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS AUTHORIZING THE PARTICIPATION OF THE CITY OF ROLLING HILLS IN THE SOUTH BAY CRIMINAL JUSTICE APPRE- HENSION PROGRAM be adopted, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call.vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None ORDINANCE NO. 169, AMENDING ORDINANCE NO. 33, FRONT SET BACK 1325 Mayor Swanson ordered the ordinance, which was introduced at the last Council meeting. held on the agenda so the proposal to change the front set back requirements from 35 feet to 50 feet could be re- viewed by the Architectural Committee and the Board of Directors. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33, GUEST HOUSES 1336 . The comments of the Planning Commission with regard to a proposed amendment to Ordinance No. 33 for accessory buildings for cabanas, guest houses and servants' quarters were reviewed by the Council. Following discussion of the proposed amendments prepared by the City Attorney, the Council agreed that version No. 1, which requires a Conditional Use Permit, would be the preferred amendment, and that conditions could be attached to the individual approvals. Further, the Council agreed that the wording in Section 2, Paragraph 3 (A) be im CD co 0 Q Q Q 245 June 25, 1979 changed from "kitchen" to "cooking". Councilman Crocker moved that the proposed ordinance,'as revised, 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: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None ANIMAL SHELTER SERVICES AGREEMENT 1536 The Manager advised the Council that on June 19, 1979 the Board of, Supervisors approved the renewal of the Animal Shelter Services Agreement for 1979/80. The.Council voted unanimously to authorize the Mayor and the City Manager to sign and return the agreement. PERIPHERAL CANAL AND RELATED FACILITIES 1553 Information about a proposed 43 mile long channel around the eastern side of the Sacramento -San Joaquin Delta, known as the Peripheral Canal, and a proposed resolution in support of the legislation, supplied.by the City of Torrance, were presented to the Council. .Councilman Crocker said it was his opinion the City of Rolling Hills should not take a position in the matter; Mayor Swanson said the other cities on the Peninsula. have voted to support it. Coun- cilman Rose moved that the information be received and filed. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Rose NOES: Mayor..Swanson ABSENT: None ABSTAINED: Councilman Pernell MEETING WITH SUPERVISOR BURKE 1576 Mayor Swanson advised the Council that Supervisor.Yvonne Brath- waite Burke, recently appointed to the Fourth Supervisorial District to replace James A. Hayes, who resigned, wishes to meet briefly with the Council and had requested that a two hour breakfast or luncheon be scheduled. Members of the Council agreed that they wished to meet -at Super- visor Burke's convenience, and indicated that an early morning meeting would be preferable, on Monday, if possible. Councilman Heinsheimer suggested that a letter be written to Supervisor Burke, urging her to consider retaining Mr. Bob McCaman as field deputy. The Council concurred with the recommendation and Mayor Swanson asked that the letter be prepared for her signature. GATE SECURITY SYSTEM 1626 The Manager reported that the proposed gate security system was discussed by the Board of Directors at their last meeting, and was approved in concept. Councilman Rose said it would be virtually im- possible to turn non-residents back from the Eastfield or Crest Gates., and he suggested that a procedure be considered which would require that.all non-residents enter the City through the. Main Gate only, and that residents be admitted through any of the three gates. The Manager was requested to investigate additional systems and report to the Council. -7- 246 June 25, 1979 NEW DRAPERIES FOR ADMINISTRATION BUILDING 1770 The Manager said new draperies and carpet for the Administration Building were included in the preliminary 1979/80 Budget. Mrs. Clifton advised the Council that she had received an estimate of $1,457.50 for the draperies. Councilman Rose moved that the Manager be authorized to order the draperies, at a cost not to exceed $1,500. The motion was seconded by Mayor Swanson and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None ADJOURNMENT 1788 Mayor Swanson adjourned the meeting at 10:35 P.M. APPROVED: Mayor am Cit�Y;6