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6/22/198136 MINUTES OF A REGULAR I4EETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 22, 1981 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 Crocker at 7:30 P.M. Monday, June 22, 1981. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker None Teena Clifton William Kinley L. D. Courtright Merelyn Anderson J. Murdock W. Field C. Hanscom B. Wood Michael Jenkins L. Amerine H. Agid City Manager City Attorney City Treasurer Secretary Chairman, Planning Commission Planning Commissioner Planning Commissioner Secretary to City Attorney Attorney Palos Verdes News Residents Mr.& Mrs. J.Brogdon Mr.& Mrs. E. Doak Mr. & Mrs. R. Heckman B. Hitz V. Leeuwenburgh A. Roberts Planning Commissioner: APPROVAL OF MINUTES 9 The minutes of the meeting on June 8, 1981 were approved and �. accepted as amended on a motion made by Councilwoman Swanson, seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None PANT OF BILLS 16 Councilman Pernell moved that Demands No. 9686, 9689 through 9703, 9708 through 9718, and 9723 through 9725, with the omission of Demands No. 9687 and 9714, which are void, be paid from the General Fund im•.the amount of $14,557.50, and that Demands No. 9688, 9704 through 9707,. 9719 and 9722 in the amount of $39,847.61 be paid from the Fire and Flood Self Insurance Fund. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None MOTION IN SUPPORT OF PLANNING COMMISSION Mayor'Crocker moved that the City Council thank and commend the Planning Commission for its professionalism, competence, and diligence in carrying out its responsibilities for the benefit of the city and June 22, 1981 37 that the Council is not requesting the Planning Commission to alter any of its existing practices. The motion was seconded by Councilwoman Swanson, who said she felt it a very appropriate motion and that from time to time the Council should encourage those who work for the benefit of the city by telling them thanks and passing such motions, and recommended a.unanimous vote on behalf of the Council. She added that the Planning Commission has demonstrated excellent judgement, good performance, and faithful service to the city for a long time. Councilman Rose stated he would abstain from voting due to the present controversy with the Planning Commission. The motion carried with the following roll call vote:. AYES: Councilmembers Heinsheimer, Pernell, Swanson Mayor Crocker NOES: None ABSTAIN: Councilman Rose ABSENT: 'None oo ZONING CASE NO. 259, MASON ROSE, 37 CREST ROAD WEST 29 Mayor Crocker opened discussion of Zoning Case 259, referring to m a letter wtitten.by Mr. Rose, regarding the decision of the Planning CO Commission denying his.request for a variance of front and side yard Q setback requirements for a paved area surrounded by an eight foot high fence for a guest parking and recreation area. The letter..written.to members of the Council, with copies to the Planning Commissioners and City Attorney, raised a number of legal issues. The Mayor stated that in order to give the new city counsel an opportunity to appropriately study the complex issues of the case, he would suggest that the matter be held until the next meeting, and at which time have the attorney's opinion in writing. Councilman Heinsheimer stated that the motion from the last meeting indicated that work would be done, by staff, until such time as an agreement could be reached between the city atporney and the attorney representing the applicant, and the matter would not come ba.ck:to the Council untilsuch time as the attorneys came to an agreement. Mayor Crocker stated the applicant has raised other issues beyond the scope of the previous discussion regarding an agreement that the fence be removed when the applicant.vacated the property, and that such jurisdictional issues would be appropriate to address. Councilman Heinsheimer said there are then two separate areas of review. Continuation of appeal of the Planning Commission decision report, which would be off the agenda until an agreement is reached between the attorneys. Any other questions of general nature such as the Council's jurisdiction of certain matters or what should be their considerations concerning handicapped zoning, he suggested be decoupled from the discussion wherever possible and made a matter of general discussion. Mayor Crocker requested legal counsel.to present in .an orderly way, in an effort to dispose of.the specific issue, the broader issues and the jurisdictional issues that underlies the whole question. and dealt with as soon as ready. Councilman Rose stated that he 1) contends there was no jurisdiction on any part of the project; 2) if found by counsel that there is a jurisdiction, then Council would have to deal with the agreement talked about at the last meeting; and 3) notwithstanding anything that has happened so far, the Council is talking about the potential of having counsel draft what may become a model ordinance whereby in a zoning situation the,special need of a resident could be considered. Mr. Rose said he would like to see these matters scheduled for the next City Council meeting. -2- June 22, 1981 Councilwoman Swanson stated she objected to having the third request granted. She felt that much time would be spent by counsel to prepare such an ordinance and questioned if there were three members of the Council who would agree to have such an ordinance prepared. She stated if three people on the Council felt that it is necessary that this ordinance be prepared, then Council would do it. She said it would not be appropriate to have one member order the Council to prepare such an ordinance without knowing the feeling of the rest of the Council. Mayor Crocker stated that the matter of such an ordinance was not on the agenda tonight, and. Councilman Rose stated he could bring it up under new.business. Mayor Crocker said that introduction of an ordinance should be an agenda item so people interested could attend. Councilman Pernell stated the Council ought to deal with the first point with regard to the legal issues as far as jurisdiction, and defer any kind of consideration even though the Council authorized some kind of an agreement., and that it's premature until the other interceding point is determined. He further said he would like to see the Council deal with the jurisdiction issue and at that time may have some enlight- enment from Mr. Coughlan and Mr. Jenkins firm, and would like the Council to hold in abeyance the agreement that was authorized last time, as well as a proposed ordinance. Councilman Heinsheimer suggested that since the Council has before them a zoning case, and the zoning case came through the Planning Commission under an existing set of ordinances, that the zoning case be disposed of in whatever way it can.be before the Council considers a general review of the ordinances in question. If the Council can get the zoning case off its calendar, then without pr_ejeduce to that, Lt.. can take a look at the general considerations and not mix the twothings. Councilman Rose said inview of Mayor Crocker's recent letter to the City Council and itsviews, that the third item may be a safety valve for all of us. Mayor Crocker asked Councilman Rose,if the Council decides to take jurisdiction, about scheduling on the agenda for a continuation of :the matter, and asked if the majority was in favor of deciding the case on the ordinance we have. He further stated the Council might want to consider.the broader question of personal considerations as part of variances and take into consideration handicapped as being a totally separate subject it would deal with in the future. Councilman Pernell suggested waiting to see what counsel comes back with in his opinion. Councilman Heinsheimer said counsel should review the record, review any letters, or input, then at the time of his choosing bring to us a - package that .would either say a) can't approve it, or b) you can approve it and here are the findings you have to make. At the time counsel is ready to bring .that to us and it has been review by the applicant, then it would be on the agenda and the whole issue would be resolved. Any new issue including.changing the law under which the Council operated would be taken care of as a totally separate matter. Mayor Crocker said he discussed with Mr. Coughlan a third alter- native and that was for the Council to decide that there were no personal considerations involved and they were granting a variance solely on the various other contentions that were made irrespective.of personal circumstances. Mayor Crocker summarized the alternatives as: 1) Discuss the jurisdictional question; 2) Proceed with the Mason Rose appeal and at that point if the City Council wants to suspend it for any reason in consideration of authorization of a proposed ordinance, they can do it at that point. In the alternative the Council would go ahead and dispose of Mr. Rose's appeal in the absence of trying to develop a comprehensive new ordinance that is really pioneering for this state and nation. Councilman Rose said he would find that approach very acceptable. The Council concurred and it was so ordered. -3- June 22, 1981 BUDGET FY 1981/82. gul Dim City Treasurer Courtftght presented a summary of the Fire and Flood Insurance Fund and reported that the estimated balance for June 30, 1981 shows a deficit of $15,643. In order to bring the fund back up to a balance of $40,000 at the end of the present fiscal year, he proposed that a transfer be made from the General Fund to the*Fire and Flood Insurance. Special Reserve account. Councilwoman Swanson moved to approve the transfer of $55,643 from the General Fund into this fiscal year's Fire and Flood Insurance Fund. Seconded by Council- man.Heinsheimer and carried on the following roll call vote: AYES: Cou ncilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None (X) FLYING TRIANGLE LANDSLIDE 147 0 .UTILITY COMPANIES: The CityManager reported on the water- line break that occurred on CO Ranchero Road and an update on placing the water lines above ground. < She stated Mr..' Nollenberger, Manager of the California Water Company, Palos Verdes, had informed her that the work would begin tomorrow and would take approximately four days. The water would be turned off for a period of four hours while the aboveground line is connected to the below ground line, during which time the Fire Department will stand by�with some tankers" *Mayor Crocker gave a first-hand account of the waterline break, which occurred on Saturday, June 13. The Managerreported that the gas line has been replaced around Dr. Kelly's residence on Pinto Road, and that the Southern California Gas Company plans to put lines above ground. At the City Manager's request the Southern California Gas Company has agreed to inspect the gas lines at all theresidencesin the Flying Triangle active landslide area and consider placing all of them above ground if necessary. CLAIMS' The City.Attorney advised that the claims filed by Mr. and Mrs. Harry Gelles, Mr. and Mrs. France Raine, Mr. and Mrs. Edmund Hollis, and Dr. and Mrs..Kenneth Tokita be rejected. Councilman Rose moved that the claims be rejected. The motion was se ' conded by Councilwoman Swanson and carried on the following roll call vote: AYES:- Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Janes. Btogdon, resident., asked about the _,qity.,'_s* -:ability to paX succi._. claims.' Mayor Crocker said the city has insurance totalling $5'million; .and the insurance company would provide the defense. The Manager -stated that counsel has advised that if the city had an adverse judgement, it would be paid from taxes., not subject to Prop. 13, and could be paid -in installments of ten years. PLANNING CONMISSION ACTION MAY 16, 1981 ZONING CASE NO. 257 Planning Commission Chairman Jody Murdock reported on the Com-' mission's action regarding Harbor College' -s request for a Conditional Use Permit for the use of La Cresta School Site. She stated the Planning Commission approved the permit subject to mitigation measures set forth by the Environmental Quality Board relating to number of students, lighting, landscaping and security, and subject to further conditions ' set forth by the Planning Commission at their meeting of June 16, 1981. She stated the permit was granted until September 1982, and that the school site is slated for sale in 1982/83. Councilman Rose questioned the lack of security with an open stairway leading -4- ® June 22, 1981 into the city and suggested that substantial fencing and security cover the opening. Chairman Murdock stated that the expense of such an under- taking when the property will be sold in a short time was not practical, and that the grassy area is used for soccer by Rolling Hills residents. Councilman Pernell stated he has seen ten or twelve cars parked in the area of the stairway. The Manager suggested that the Council may want to have the Traffic Commission or Planning Commission revise the parking procedure in that area. Discussion followed regarding hours of classes and lighting. Councilman Rose asked if there was a separation of property in the Conditional Use Permit, from that which the schoolhouse is on and that which the district offices are on. The City Attorney said they are separate facilities and only the schoolhouse property is on the Conditional Use Permit, although they are legally described as one piece of property. Regarding the sale of the property, Mayor Crocke said it would go to the highest bidder, and according to the Education Code, must be offered first to whomever they bought it from, second to the local municipality, and finally to the public. Councilman Heinsheimer stated that the Planning Commission had assumed total jurisdiction, with agreement of the Association and the city, and has shown enormous diplomacy, patience, tact, and has been a credit to the community. APPEAL - FINDINGS ON ATTACK BY DOG Mayor Crocker announced that a hearing date will be set when the Davissons return from vacation. SOUTHERN CALIFORNIA EDISON COMPANY REQUEST FOR RESOLUTION 310 Councilman Heinsheimer said the Southern California Edison Company's request for a resolution in support of legislation removing the restric- tions and prohibitions on the use of natural gas in utility powerplants, and his recommendation, would return to the agenda, but that he had nothing to report at this time. PALOS VERDES INDEPENDENCE DAY BICYCLE PARADE The Mayor stated he had Independence Day Celebration Council serve as a judge for in Malaga Cove. Councilwoman the event. BILL KINLEY APPRECIATION DAY received a letter from the Palos Verdes Committee requesting that a member of the the decorated bicycle contest on July 4th Swanson offered to represent the city at The Mayor announced that Bill Kinley Appreciation Day will be July 26th at Paul and Joan Saffo's home. He said many in the community are deeply indebted to Mr. Kinley for his long service to the city and will be there to thank him. ORDINANCE NO. 185 Councilman Heinsheimer moved that Ordinance No. 185 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 116 ENTITLED "AN ORD114ANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, REGULATING TRAFFIC WITHIN SAID CITY AND REPEALING ORDINANCE NOS. 1 AND 16 AND ALL OTHER ORDINANCES IN CONFLICT THEREWITH" be adopted, and that reading in full be waived. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker. NOES: None ABSENT: None -5- [1 June 22, 1981 911 EI4ERGENCY SYSTEM Councilman Rose express support for the 911 Emergency System. Discussion followed regarding the 911 system and a mewer system that is being introduced. The Mayor ordered that a letter be.written for unanimous support for prompt implementation of the`911 System, particularly with regard to.pay phones. POST OFFICE RELOCATION The Manager stated she had received correspondence from the Post Office regarding proposed sites for relocation of the Palos Verdes Peninsula Post Office. She further stated that the city managers from the Peninsula cities will be meeting to discuss a possible site.*. MATTERS FROM THE CITY ATTORNEY . Mr. Kinley stated he has been working with the Planning Commission amending the zoning.ordinance and since they haven't completed the amendments and the final draft is yet to be approved, he would like to see it completed. Councilman Pernell said there may be other items that Mr. Kinley would like.to.continue with, and suggested he get together with the new city.attorneys for an orderly turnover. Mr. Kinley said -he would like to continue with the Dr. Tdolinsky and Mrs. Kuhne cases, and felt he could be of assistance to the city. He stated the.zoning.ordinance would be completed in July. Councilman Rose stated he felt it appropriate that Mr. Kinley have discussion with the new city attorneys and.determine.which items would .be economically appropriate for Mr. Kinley to continue with; and which matters would be economically feasible for the new.counsel, and would.leave it -to their recommendation.. The Mayor thanked Mr. Kinley for his service to the city. PERSONNEL SESSION Mayor Crocker adjourned the meeting to a personnel session at . 8:55 P.M. The meeting was reconvened and Councilman Rose moved that the Council approve as submitted the budget increase for the purposes of increasing salaries for city personnel. The.motion was seconded by Mayor Crocker and.carried by -the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker. NOES: None ABSENT: None ADJOUPIRIENT The meeting was adjourned by Mayor Crocker. APPROVED: Mayor sm City Clerk