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.
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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.
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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
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® 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
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[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