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2/11/1980328 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 11, 1980 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, February 11, 1980. ROLL CALL PRESENT: Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson ABSENT: None ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney L. D. Courtright City Treasurer June Cunningham Deputy City Clerk D. McHattie South Bay Engineering Corp. C. Newton Attorney R. Rollins Contractor T. Cipolla Residents Mrs. J. Haberman Mrs. J. Heinsheimer G. Hansen A. C. Nelson APPROVAL OF MINUTES 130 The minutes of the meeting of January 28, 1980 were approved and accepted as submitted on a motion made by Councilman Crocker, seconded by Councilman Heinsheimer 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. 8592 through 8624, with the exception of Demands No. 8594, 8603, 8611 and 8615, which are void, be approved for payment in the amount of $11,452.97 from the General Fund. 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 PROPOSED CLOSING OF LA CRESTA SCHOOL 147 Councilman Pernell advised that a group of parents have engaged a law firm and indicate that they will file suit if La Cresta School is closed. Councilman Crocker said that in discussing the proposal to clos Peninsula schools with a resident of the Peninsula he was advised that the decision had not been finalized and the School Board wants to know the Rolling Hills City Council's position regarding zoning of the property and disposition of the land. Councilman Pernell said the decision would be made at the School Board meeting, which is being held at the same time as the City Council meeting. In discussing possible uses of the property under current RAS -2 zoning, Councilman Pernell said demolition of existing construction on CD O Q Q Q 333: February 11, 1980 the property would be required before the land could be subdivided. Councilman Crocker said he had stated that the Council would not be willing to change the zoning.or make any other accommodations in the interest of making the land more saleable. Mr. Kinley said that the present zoning is RAS -2, but the School District is not a member of the Rolling Hills Community Association, and has no access to the property through the City. Mayor Swanson said she met recently with Mayors of the other Peninsula cities and with Mrs. Lachman of the.School Board, and Mr. Norcross, Superintendent of Schools. The Mayor said it *was . her opinion that cost efficiency of closing some.schools and combining her bodies was not fully considered. On behalf of the City Council Mayor Swanson thanked Councilman Pernell for his participation in the matter as the Council's.representative. HEARING ON APPEAL, THOMAS CIPOLLA, 14 BUGGY WHIP DRIVE 215 A letter dated January 30, 1980 Whip Drive, advising the Council that of the Planning Commission's decision nowledged and received for the.file. from Mr. Thomas Cipolla, 14 Buggy he wished to withdraw his appeal on Zoning Case No. 240 was ack- Mr. Carl Newton, Mr. Cipolla's attorney, advised the Council that Mr. Cipolla has submitted a new::application and plan to the Planning Commission to be considered at the meeting on February 19, and he asked that the new:.Application be exempted from the proposed moratorium on tennis courts, if the urgency ordinance is adopted. URGENCY ORDINANCE NO. U-41 217 The City.Attorney distributed copies of a proposed urgency ordinance which would declare a moratorium on and prohibit construction of tennis courts. Councilman Rose expressed a concern about the restriction, and said applications should be judged individually.. Mayor Swanson addressed the.concerns of the City Council and Planning Commission about drainage, building near canyons and other matters which have been referred to the Planning Commission for study and recommendation. .Councilman Crocker moved that applications which have been filed with the City, whether or not they have been approved by the Planning Commission, be exempted from the urgency.ordinance., if adopted. The motion was seconded by Councilman Heinsheimer, with a suggestion that the Planning Commission be.so advised. The motion carried unanimously. Following discussion Councilman Rose moved.that the wording of the urgency ordinance be amended. The motion was seconded by Councilman Crocker. The City Manager.read Urgency Ordinance No. 41 as amended, entitled AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING A MORATORIUM ON AND PROHIBITING CONSTRUCTION OF.TENNIS. COURTS, THE_ISSUANCE OF BUILDING PERMITS THEREFOR, OR THE ISSUANCE OF CONDITIONAL USE PERMITS FOR THE CONSTRUCTION OF TENNIS COURTS AND PADDLE TENNIS COURTS into the record. A motion to adopt the ordinance as amended.was made by. Councilman Heinsheimer and seconded by Councilman Crocker. The motion to amend the ordinance was carried on the following roll call vote: AYES:. Councilmen Crocker, Heinsheimer, Pernell, Rose Mayor Swanson NOES: None ABSENT: None The motion to adopt the ordinance as amended was carried on the following roll call vote: AYES: Councilmen Crocker, Mayor.Swanson NOES: None ABSENT: None -2- Heinsheimer, Pernell, Rose 334 February 11, 1980 PROPOSED ORDINANCE REQUIRING PRELIMINARY GEOLOGICAL REPORTS 360 Mayor Swanson opened discussion of a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA REQUIRING PRELIM- INARY GEOLOGICAL REPORTS AND GEOLOGICAL INVESTIGATION IN THE SUBDIVIDING OF LANDS LOCATED IN THE CITY OF ROLLING HILLS. Councilman Crocker said he did not think the proposed ordinance stated strongly enough the Council's wish for an opinion by an independ- ent geologist if requested in addition to the requirements already in effect for geology reports. Councilman Pernell said the proposed ordi- nance would give the City Engineer the authority to approve the depth and accuracy of test.borings or excavations, in Section 3; the City Engineer does not have such authority at present. Councilman Crocker said he would recommend that the Section be amended to provide that the City Engineer may require an independent testing lab to verify whatever he sees fit, such as depth and accuracy, and further, he would recom- mend that the last paragraph in Section 3, which provides for waiving the requirement for a soil report as defined in Section 3, be deleted. Mayor Swanson said she is concerned that the minimum standards imposed by the City Engineer may not be sufficient, and she would like the Council to be able to impose more stringent standards,.within reason. Mr. Kiniey said Mr. Keene had reviewed the ordinance and ap- proved it. Councilman Crocker said Mr. Keene indicated that the County Geologist checks submittals against minimum standards, and accepts the information submitted without verifying the accuracy. Councilman Crocker said he wishes to provide authorization to require that an independent lab be hired at the applicant's expense to test and verify the inform- ation submitted. Councilman Pernell said Section 3 does not say anything about the extent of tests or additional testing, and does not provide for resolving any differences between opinions of the independent geo- logist and County geologist. Councilman Pernell said that in the absence of a provision for relief from the decision of the City Engineer, he thought the City Council should act as the appeals board in the event of charges of harassment or undue pressure or abuse of discretion by the City Engin- eer.brought by an applicant. Mr. Kinley recommended that the City Council not act as appeals board, since they make the decision on a subdivision. Councilmen Crocker and Pernell agreed that the Council could serve as an appeals board on geology matters,.since.an appear_-- ance before the appeals board would take place before consideration of the tract by the Council. Mr. Kinley said approval of the geology is a requirement for consideration of the tentative map, and a dispute concerning geology would be before the City Council at the same time as the tentative map is being considered. The Manager said the map would not be presented to either the Planning Commission or City Council with-7- out ith-out the Planning.Advisor's Report, and that report is not submitted to the City unless the geology is approved. In response to Mayor Swanson's concern about minimum standards, Councilman Rose said that in order to exceed those standards it would be necessary for the Council to hire a professional to write more strin- gent standards. Mrs. Clifton said she felt the Council could rely on Mr. Keene's opinions, especially if he was instructed.by letter or by ordinance, of the Council's wish for strict enforcement of requirements. Councilman Heinsheimer said that since the Planning Commission is the first City body to consider a tentative map, they should be alerted to review the geology at that point. Councilman Rose suggested that the matter be held on the agenda for one meeting to give Councilman Crocker an opportunity to discuss the matter further with Mr. Kinley. Mayor Swanson ordered the matter held on the agenda, and she ad- vised the Council that Mayor Ann Shaw and Councilman Ken Dyda of Rancho Palos Verdes called to say that they will appear at the next. Council meeting.' -3- CD 0 a Q Q U 331 February 11, 1980 MARVIN MALMUTH GUEST HOUSE, ELECTRICAL SERVICE REQUIREMENTS 544 A letter dated January 28, 1980 from Bob Rollins, contractor for Mr. Marvin Malmuth, and a letter written in reply by the City Manager on January 31, 1980 were presented to the Council. Mr. Rollins requested permission to install.100 Amp service to the guest house, since the 200 Amp service on the main residence has no available breakers, and the alternative would be installation of 400 Amp service, which would be in excess of needs, and would require a separate structure to house it. The Manager recommended that the request be.approved. Councilman Heinsheimer suggested that the Manager be authorized to handle the requestadministratively, and to document the information and her response for the file. Members of the Council concurred, and the Mayor so ordered. ROADSIDE TRAIL REQUIREMENTS, CHACKSFIELD-MERIT SUBDIVISION., TRACT.33871 The Manager advised the Council that when she reviewed the.road plans for the Chacksfield-Merit subdivision, Tentative Tract 33871, she found that there was no road side trail on Johns Canyon Road, and a review of the minutes indicate that the road is to be improved to the satisfaction of the City, but does not show a specific requirement for a roadside trail. Mrs. Clifton asked that the Council request that the cross sections of the road plan be revised to require a ten foot wide trail on either side of the road, since that was the intent of the Planning Commission and City Council. The City Attorney recommended that the tract not be discussed as the matter is in litigation. Mr. Gary Hansen,,6 Chestnut Lane, advised that he was present for any information about the tract, since it.was on the agenda. On advice of the City Attorney no action was taken.. PARTICIPATION IN PENINSULA SUMMER RECREATION PROGRAM 601 Participation in mailing of the Peninsula Summer Recreation Program was approved in a motion made by Councilman Pernell, seconded by Coun- cilman Heinsheimer and carried unanimously. The Manager reported that the Recreation Director of Rancho Palos Verdes indicated that the cost would be an estimated $182.39, a slight increase over last year's cost of $162.50. GATE SECURITY 615 .Councilman Rose requested that the matter of Gate Security be re- turned to the Hold Agenda. The Mayor so ordered. CALIFORNIA CONTRACT CITIES ASSOCIATION: PENDING LEGISLATIVE MATTERS 627 A memorandum from California Contract Cities Association regarding' Pending Legislative Matters and notice of a.Special Meeting on February 14 were presented to the Council. The, -Manager advised that she would attend the special luncheon meet- ing on February 14 for discussion of AB8 amendments intended to establish .a claim for an equitable share of property taxes for contract cities. With regard to the proposal by the Los Angeles Division of the League of California Cities that the cities of Los Angeles County join to form a special entitlement district for L.E.A.A. block grant funds, Mrs. Clifton said the matter was discussed at the City Manager's meet- ing sponsored by the League recently, and it may be possible for Penin- sula cities to apply for a block grant on a regional basis. The Manager said she would pursue the matter and would report to the Council. BURGLARIES IN THE COMMUNITY 638 Mrs. Clifton advised that there was a recent large burglary in the City, with no sign of -forced entry. Councilman Pernell said he was 332 February 11, 1980 advised that there is an apparent connection between residential burglaries on the peninsula and installation of lock -boxes on homes for sale, and he suggested that Rolling Hills residents be alerted. Councilman Heinsheimer said a presentation on security should be made to the community at a general meeting of the Rolling Hills Com- munity Association. Mayor Swanson asked that a discussion of burglaries in the community be placed on the next meeting agenda for discussion. SOUTH BAY JUVENILE DIVERSION PROJECT 698 Mayor Swanson reported. that the Juvenile Diversion Project is back in operation, and a new coordinator was selected from 22 applicants for the position. The Policy Board, which consists of elected members from the South Bay, made the selection from four finalists. The Mayor explained that the Centinella-South Bay area shares a. regional project director, and the method for providing services to the community has been changed. When law enforcement agencies or schools make a referral for counselling instead of going to the Juvenile Diversion Project, the case now goes directly to community based agencies which are coordinated by the Project Coordinator and the Project Director. Mayor Swanson said the Juvenile Diversion Project receives funding from the County and has had funding problems; the project may need matching funds from cities. The Mayor said the funding probably will not exceed 107o of the total expenditures, as in the past. FORMULATION OF ENERGY POLICY FOR CITY OF ROLLING HILLS 720 Mayor Swanson said that at the request of the City Council the City Manager has been collecting information and sample ordinances from other cities regarding energy conservation measures and solar heating. The Mayor.said she recently observed.a heating system in. a cold climate which recovers heat from fireplaces, eliminating heat loss through the chimney. Councilman Heinsheimer .said energy conservation, including.solar heating.systems, is being studied by the Architectural Committee, and he recommended that the Planning Commission also be asked to study the subject. Although it is not a requirement at present, Councilman Heinsheimer said the Architectural Committee and Planning Commission could be asked to study systems which are compatible with Rolling Hills and make a recommendation to the City Council about whether certain policies should be required. SECURITY SYSTEM QUESTIONNAIRE 765 Councilman Rose reported that he had sent a memo to the Board of Directors requesting that, based on the response to a questionnaire sent by the Board relative to increased security at the gates, the questionnaire that he formulated be sent to the Community in order to obtain amore definitive response. Mr..Kinley reported that at the last meeting of the Board, Association Manager Stephenson was requested to correlate the responses to the Board's questionnaire with the questions asked in Councilman Rose's questionnaire. Councilman Rose asked that he be advised in advance when the matter will again be presented to the Board of Directors so he can plan to attend the meet- ing. Mayor Swanson reaffirmed that Councilman Rose has been appointed Council liaison member to work with the Board of Directors in the matter REORGANIZATION POLICIES 795 Councilman Pernell said he and Councilman Crocker will meet with Board members David Bray and Lloyd Mokler at 6:30 P.M. Wednesday, February 13 to discuss reorganization policies. -5- February 11,.1980 RECOMMENDATION OF PERSONNEL OFFICER RE: FRINGE BENEFITS 830 The Manager distributed a comparison of fringe benefits from other cities, including sick leave, medical insurance and vacation. Council- man Pernell, Personnel Officer for the Council, said that after review- ing the study he determined that Rolling Hills is generally in line with other cities, and permits a slightly greater accumulation of sick .leave than some cities, less than one city contacted. The Manager's vacation was discussed and Councilman Crocker and Mayor Swanson said they thought conference time should be broken away from vacation time, and the Manager should receive. four weeks vacation, and time for conferences as approved. Other members of the Council said they did not object to the current five weeks, which includes conferences as approved. Councilman Pernell recommended that the vacation and sick leave policies for the City remain as they are, and if any revision is made in vacation time for the City Manager, such revision should be consid- ered when a new City Manager is hired. Councilman Pernell said he did not think the Council should reduce any existing. -benefits. Councilman. Heinsheimer moved that the Council accept the recommendations of the Personnel Officer. The motion was seconded by Councilman Rose and carried. LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN, PALOS VERDES LANDFILL 878 A letter dated January 29, 1980 from the Department of County Engineer -Facilities., advising that the Palos.Verdes Landfill will close during the latter part of 1980, was presented to the Council. The support of the City was requested for all reasonable proposals, including efforts to reduce litter, recycling,.resource recovery, energy conservation and source reduction of waste. Mayor Swanson directed that the letter be placed on the next agenda. CITY OF TORRANCE RE: TRANSFER STATION FACILITY .885 Correspondence dated February 8, 1980 and a copy of an analysis on use of transfer station facilities was presented. Mayor Swanson asked that the matter be placed on the next agenda, and said.that 'as a member of the Board of Directors of the Sanitation*District, she would make a report.to the Council. COMMERCIAL USE' OF PROPERTY 892 A complaint made by Mr. Monty Ormsby and Mr.: Allan Bullard against Mr. Barry Becker was referred to the City Attorney and Councilman Rose. Mr. Kinley suggested the Council consider limiting the number of horses permitted per acre or per homesite, and said the staff should pursue the complaint regarding sanitary conditions on the Becker property. CONFERENCE IN SACRAMENTO 937. Mayor Swanson was authorized to attend a conference in Sacramento on February 20 for California.Women elected to Government, with expen- ses of approximately $100 to be paid by the City. ADJOURNMENT 950 Mayor Swanson adjourned the meeting at 10:50 P.M. City C rk APPROVED: Mayor am