7/27/1981•
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MINUTES OF A 51
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
July 27, 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,
July 27, 1981.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Heinsheimer., Rose, Swanson
Mayor Crocker
Councilman Pernell arrived at 7:40 P.M.
None
Teena Clifton
Michael Jenkins
.June Cunningham
Capt. D. Emerson
Chief P. Pederson
Mrs. V. Doak
Mrs. V. Leeuwenburgh
M. Langer
Mrs. S. Ormsby
Mrs. M. Wagner
City Manager
City Attorney
Deputy City Clerk
L. A. County Sheriff
L. A. County Fire. Dept.
Residents
The minutes of the meeting on July 13, 1981 were approved and
accepted as amended on a motion made by Councilwoman Swanson, seconded
by Councilman Heinsheimer and carried by the following roll call vote:
AYES:
NOES:
ABSENT
PAYMENT OF .BILLS
Councilmembers Heinsheimer, Rose, Swanson
Mayor Crocker
None
Councilman Pernell
The list of Demands dated July 13, 1981, Demands No. 9727 throu�ji
9735, 9737.through 9751,.9752 through 9764,_9767 through 9773, with.
Demands 9726, 9736 and 9752 voided, and Demands No..9765 and 9766.
paid from the Fire and_.Flood Self Insurance Fund, was approved as
amended in the amount of $15,039.77 from the General -Fund.
Councilwoman Swanson moved that Demands No. 97.74 through 9795
in the amount of $24,.12 5.74 be approved for payment from the General
Fund, and that Demand No..9780 in the amount.of $3,868.30 be approved
for payment 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,.Rose, Swanson
.Mayor Crocker
NOES: None
ABSENT: Councilman Pernell
FINANCIAL STATEMENT
The Financial Statement for June 1981 was approved, and accepted.
on a motion made by Councilman Rose, seconded by Councilwoman Swanson
and carried by the following roll call vote:
52 July 27, 1981
AYES: Councilmembers Heinsheimer, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: Councilman Pernell
PROPOSED BUDGET, FISCAL YEAR 1981-82
1224
The Manager presented a harndwritten budget analysis prepared by
L. D. Courtright, City Treasurer, and she explained'that Mr. Court -
right is out of the Country and could not be present at the meeting.
A preliminary budget prepared by the City Manager was also presented.
Mrs. Clifton explained that although she and Mr. Courtright had used
slightly different methods in their preparations, the results were
not very different, and Mr. Courtright had suggested that his version
be used for study purposes.
After the -proposed budget.was reviewed and discussed by the Council
Mayor Crocker asked that it be submitted in final form ready for adop .
tion at the next meeting.
RUBBISH CONTRACT 1285
The Manager reported that she had met with representatives of
Removal, Inc.,and Councilmembers Pernell and Swanson and agreement had
been reached on terms for the rubbish contract for. 1981-82. Council-
woman Swanson said she was concerned about whether the spring cleanup
would be conducted as in the past; Councilman Pernell said that the
City Manager should be authorized to set reasonable limits for spring
clean up next year.
Councilwoman Swanson moved that the contract for rubbish service
for. 1981/82 be approved in accordance with the discussion between
representatives of the Council, representatives of Removal, Inc. and
the City Manager. The motion was seconded by Councilman Pernell and
carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
Mrs. Clifton advised the Council.that the figures would be.sent to
the County Tax Collector by Friday, July 31, 1981 as -required.in order
to be included in the County tax bill. \
KLONDIKE CANYON LANDSLIDE UPDATE 1327
Copies of a letter dated July 15, 1981 from Mayor Crocker to Mr.
Charles Nollenberger, California Water Service regarding above ground
installation of water lines in the Flying Triangle slide area were dis-
tributed to the Council.
Mrs. Clifton reported that there have been two additional breaks
in the water -line on Portuguese Bend Road, and she said the water
company recognizes that it is imperative that theline be put above
ground. The Manager said that she and Councilman Pernell will meet
with Mr. Nollenberger.in the field to determine a location which will
be .acceptable with regard to traffic safety and aesthetics.
The Manager reported that Dr. Perry Ehlig's final report dated
July 5, 1981 has been sent to all residents in the Flying Triangle,
to the attorneys of residents who have filed.a claim against the City
in connection with the landslide, to members of the City Council, the
City Attorney and the Rolling Hills Community Association. Mayor
Crocker said that since Dr. Ehlig has not charged the City of Rolling
Hills for his services, he wished to propose that the Council consider
making a donation to a scholarship fund in appreciation for his aid
and assistance, and he suggested that discussion of the.proposal be
scheduled for a public meeting in the near future.
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July 27, 1981
HEARING DATE, APPEAL OF DOG COMPLAINT 1360
A hearing on the appeal of William Davisson,.7 Blackwater Canyon
Road, regarding a complaint about his.dog was scheduled for Monday,
August 24 at the regular City Council meeting.
PROPOSED ORDINANCE; PREFABRICATED OR MOBILE HOME IN ACTIVE SLIDE AREA 1379
Mayor Crocker opened discussion of a proposal that an ordinance be
adopted which would permit placing of prefabricated or mobile homes on
properties inthe active slide area.. Copies -.of a draft ordinance en
titled AN ORDINANCE OF THE CITY OF ROLLING HILLS PROVIDING FOR TEMPORARY
RESIDENTIAL USES IN ACTIVE LANDSLIDE AREAS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE, prepared at.the request of the Council, were distributed.
by the City Attorney.
In discussing the draft ordinance Councilwoman Swanson said other
measures are available to residents in the slide area, and she suggested
that the Council make a field trip to the slide area in Rancho Palos
Verdes and, rely on the experience of residents in that City, rather than
00 permit abandonment of an existing residence and placement of a secondary
O structure on property in the active slide area. Councilman Heinsheimer
said adoption of the proposed ordinance would not limit the solution, but
Gowould provide an alternate to the procedures used in Rancho Palos Verdes,
and he said it would be an interim solution until it is determined whe-
w ther the slide can be stopped and the residence can be salvaged. Mayor
Q Crocker said the Council would be protected by the requirement that the
Council would have to make an affirmative finding that the residence has
been rendered uninhabitable by an active landslide. Councilman Pernell
said that if permission was granted to place a temporary living facility
on the property, assurances wouldbe required that the structure would
be removed if the permit was not renewed by the Council. The City
Attorney recommended that .a surety bond be required as part of the ap-
proval. Mayor Crocker said the issues are set forth in the proposed
ordinance, and he..would recommend that.if adopted, it be adopted as an
Urgency Ordinance, after a.public hearing. Councilman Heinsheimer sug-
gested that approval of an application .by the Council should.be for 12
months, rather than for six months as specified in the draft. Council-
man Rose said he had some conceptual problems with the proposed ordi-
nance, saying that if the primary residence was uninhabitable it should
be removed. Councilman Heinsheimer said that if the slide is stopped
or stabilized, there is a possibility the primary residence could be
rehabilitated. He said he considered a temporary arrangement with all
utilities above ground safer until it can be determined whether or not
the primary residence can.again be.occupied.
Councilman Rose suggested that a copy of 'the proposed ordinance
be sent to all residents of the Flying Triangle, and Councilwoman Swan-
son suggested that it, be printed in the Newsletter. Mayor Crocker said
it is too long for the Newsletter, but could be summarized, with a.note
that copies are available at.the City Hall. Councilwoman Swanson said
that if a resident -who has a home in the active slide area is given
permission
to-place-a'mobile home .6n the property, -the same privilege.
should be extended to owners of property in the active slide area who
do not have a.home constructed.. Mayor Crocker said he would make a
strong argument that.such measures would be only to assist.those
people who are.no longer able.to remain 'in their .homes because ofthe
landslide. Councilman Heinsheimer sAid that would be taken care of
in paragraph 4.(a) which requires that a presently occupied primary
.residence on the property has been rendered uninhabitable. by an active
landslide. Councilman Pe'rnell asked who would render the opinion. that
the primary .residence is uninhabitable; Councilman Heinsheimer said that
would be a procedural matter.- He suggested that paragraph 1 be deleted,
that paragraph 6 be. changed to specify.a period of 12 months instead of
six months, and that the proposed ordinance as amended.be set for a
public hearing at the next meeting. Councilwoman Swanson said that.when
an application is being considered the applicant should be required to
provide information regarding weight of the mobile home,. and -the County
Engineer should be asked to determine the safety of bringing a mobile
home.into.the area.. Councilman Heinsheimer said that -paragraph 4 (b)
would take care of that. Councilman Rose asked about determining the
location for a mobile home. Mr. Jenkins said that would be covered in
paragraph 5 (d), and he explained that it would be a special permit,
not a Conditional Use Permit.
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July 27, 1981
Councilman Rose said he thought the permit should be issued by
the Planning Commission, not the City Council; Councilman Heinsheimer
agreed, and said there should be a provision for appeal of the decision
to the City Council. Further, Councilman Rose said there should be a
requirement that the primary residence be secured, to prevent vandalism.
Mayor Crocker asked for comment from the audience. Mr. Major
Langer, attorney for Mrs. Margaret Wagner, agreed that one year would
be a more appropriate time limit than six months. Mr. Langer suggested
that paragraph 7 (c) should include "or leased" in addition to sold,
and he suggested further that occupant of the mobile home should be
defined as the property owner,*and that primary residence should also
be defined. Mrs. Margaret Wagner said she had no objection to the
draft ordinance as amended by .the Council; Tars. Virginia Doak said
that a mobile home on the Wagner property would be visible from her
residence, and she would not have any objection, but would not want
the Wagner home to be boarded up, since that would be objectionable.
The Mayor asked the City Attorney to amend the proposed ordinance
as discussed by the Council., including deletion of paragraph l; chang-
ing paragraph 6 to 12 months instead of 6 months; addition ofa re-
quirement that the temporarily abandoned.primary residence be secured,
and an appeal process. The Mayor asked that the amended ordinance be
prepared for a public hearing -at the next meeting. Councilwoman Swanson
asked that the record show that she opposes deletion of paragraph 1.
Mayor Heinsheimer said it isa duplication;.since it is a requirement
of paragraph 4 (a)•. Mayor Crocker said he would leave -the decision
about whether it is repetitive to the legal counsel.
PROPOSED ORDINANCE, HANDICAPPED PROPERTY OWNER . 1721
Mayor Crocker opened discussion of a.proposed ordinance to amend
the Zoning Ordinance relating:to special permits for the handicapped.
Councilman Heinsheimer suggested that after review by the Council, the
proposed ordinance be sent to the Planning Commission for consideration_
at the public hearing scheduled to consider a new Zoning Ordinance.
The Manager said the public hearing has been set for Tuesday, August 11,1.
and if the proposed ordinance is approved by the Council on August 10
it could be forwarded to the Planning Commission for consideration at
the hearing.
Councilman Rose said he'had an objection to paragraph D which
requires that if the permit holder no longer uses the property as a
primary residence the improvements shall'be removed and the property
brought back into conformance with the standards and requirements of
the ordinance, stating that such a requirement would place an extra
financial burden on.the handicapped applicant; further, he said that
requirement of immediate removal would not be satisfactory:. Council
man Rose said the Council should have an opportunity to determine if
the improvement should be removed. Mr. Jenkins explained that the
intent was to provide for a handicapped person while in residence,-
and
esidence,and not as something to be retained. Mayor Crocker said an extension
could be. requested.; Councilman Heinsheimer said that the special
grant must be un -done, ora new owner should be required to go through
the variance procedure in order to retain the special permit. Coun-
cilman Rose asked that that requirement be contained in the ordinance..
Councilman Heinsheimer said that when a Conditional Use Permit is given
to a property owner for any reason, and if it has to be regularized in
any way, the burden should be on the applicant, or.it should be made
clear to the new owner when the property is transferred. Mr. Jenkins
said the proposed ordinance is not set up to run with the land; it
is personal to the applicant, there is a provision for a bond, and
the person who receives the permit is responsible for removing the
improvement when the property is sold, or the City can remove it,
using the bond. Further, Mr. Jenkins said that the City can require
access to the property to effect the removal as a condition of approval.
Councilman Rose said the intent is to grant to a handicapped person the
opportunity to use his property.the same way anyone else does, approval
of the request is not a privilege, and putting it in the terms of.a'
special privilege is discrimination. Councilman Rose said he would not
post a bond and would not cloud the title on his property in order to
obtain a permit to use his property as his neighbors use theirs.
Councilman Heinsheimer said that in considering the proposed ordinance
the Council should not focus on Councilman Rose and his particular needs.
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July 27, .1981
55
He suggested that the Council be given leeway with regard to requiring
removal of the improvement. Councilman Rose. said the existing Variance
and Conditional Use:Permit procedures should be.amended to allow con-
sideration of a mental or physical disability that limits mobility..
He said at present the impact upon the land is considered, not the
impact on people; Councilman Rose said the ability of the person to
use the land should be considered. Councilwoman Swanson asked if
paragraph B which defines handicapped person could be enlarged to
cover a temporary handicap, such as that which results from surgery
and lasts for a year or less. She also asked what would happen in the
event that a person who owns property in joint tenancy becomes the
sole owner. of property with.a special grant for a handicapped person.
Mr. Jenkins.said that the intent is for the handicapped person who
uses the property as,a primary residence. If that person no longer
lives on the property, the need can be considered to no longer.exist.
Councilwoman Swanson said she feels the proposed ordinance should be
considered with regard to the impact on the Community, not on one
person; she said discussion of specific application to Councilman.Rose
should be avoided.
Mayor Crocker said that he wished to.comment on Paragraph 5; he
00 said t_he Council should be required to make a finding in any case in.
0
which the ordinance is to be.applied that -there is.no other suitable
location on the site for the requested improvement, and the Council...
m may use any professional advisor they wish to determine whether there.
CO is an engineering solution to the problem which would give the handl
Q capped owner the benefit they wish in a location which would not re-
quire the application of the special ordinance. The Mayor said he
thinks every applicant should come under the same ordinance, and only
in a unique:'.case.of a handicapped person and a specific:property that
cannot accommodate the requested.improvement in a. legal location that
special consideration should be given under the proposedordinan.ce..
Further, Mayor Crocker said the special.:permit.should be given only to
the handicapped person for the time during which that person resides°on
the property; it should not be sold with the property but.should be .
removed when -the -handicapped person leaves unless the Council makes a
finding that there is no objection to the special condition remaining.
Councilman Pernell said he agrees with the suggestion for a finding,
shite he.thinks the burden of need should be placed on the.applicant.-
He said he is concerned about definition -of a property as a primary.
residence, citing that a handicapped resident might want to leave
for a period of six.months fora special reason, including time in.a
convalescent home., Mayor Crocker said the situation would have to be
dealt with based on the equity involved, considering intent to return.
Councilman.Rose said he wishes the existing Variance..and.,Condi-.
tional Use .Permit.procedure 'amended.so that people, not land;.;.are
considered; the consideration should.be based on the ability to use
the property., not financial handicap, but mental or physical disa-
bility should be considered in granting a Conditional Use Permit or.
Variance on the property. Councilman Rose said the permit may or may
not:be permanent; when the person moves from the community the Council
should decide whether the improvement should remain or be removed. He.
said.there.should not be a pre -judgment about whether it can remain.
Councilman Heinsheimer said any Conditional Use Permit can have such
adaptations built in to it as a condition of the approval.
.Mayor Crocker said he wished to.summarize the substantive comments
of the.Council as follows:.In paragraph 5 there would be an affirmative
finding by the Council that it was necessary to approve ihe'special per-
mit'to accommodate the needs of.the handicapped person, in section D
some bf the general language::be eliminated and specific conditions be
defined,.any one or more of which could be imposed as part of the ap-
proval process, giving the Council an opportunity to impose no, any -or
allthe.conditions.as part .of the approval, including an easement and
a bond to cover removal of the improvement if they wish to do so.
Councilwoman Swanson said.a Conditional Use Permit can be granted sub-
ject to whatever conditions are imposed; by listing conditions she
said the conditions permitted might be limited. Mr. Jenkins said it
could_be indicated that the conditions are included as examples, in=
eluding:but not excluding others, as conditions of approval. The
Manager said lists. of conditions have been developed by the Planni.ng
Commission for consideration when -approving applications for Con-
ditional Use Permits for tennis courts and guest houses.
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July 27, 1981
Councilman Pernell said the new buyer should be put on notice of
the special permit which he may be required to eliminate. Mayor Crocker
said the requirement should be discretionary and he asked that the
Council indicate by straw vote whether they think the requirement to
eliminate the.improvement should be discretionary or mandatory.
Councilwoman Swanson said removal should be mandatory; Councilman Rose
said it should be discretionary, since it will burden the handicapped
person who tries to sell his property under the requirement that the
improvement must be removed.
Following the discussion Mayor Crocker asked that the amendments
discussed be made to the proposed ordinance, and that it be placed on
the agenda of the Planning Commission hearing on August 11 to consider,
proposed amendments to the' -Zoning Ordinance.
INTRODUCTION OF CAPTAIN, SHERIFF'S LOMITA STATION• 130/2
Mayor Crocker introduced Captain Denny Emerson, newly appointed
Captain of the Sheriff's -Lomita Station and welcomed him to the meeting.
FIRE,CAPTAIN'PETER PEDERSON
The Mayor welcomed,Fire.Captain Peter'Pederson.to the meeting.
Mrs. Clifton advised Capt. Pederson that the City needs a new supply
of emergency telephone stickers.
PROPOSED ORDINANCE AMENDING TRAFFIC ORDINANCE 156
The City Attorney distributed copies of a proposed ordinance to
amend the Traffic Ordinance., regarding composition of the Traffic
Commission. In discussing the proposed ordinance,,.Councilwoman
Swanson moved that the second sentence be changed to specify that
the Traffic Commission consist of one member of the Council, three
residents of the City and the City Manager. Mayor Crocker seconded
the motion, which was carried unanimously.
The proposed ordinance as amended was introduced on a motion
made by Councilman Heinsheimer, seconded by Councilwoman Swanson and
carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: .. None
PROPOSED RESOLUTION RE: CONSOLIDATED.FIRE PROTECTION DISTRICT 160
The City Attorney -requested that the proposed resolution be
removed from the agenda until it has been determined whether it will
be necessary for the Council to adopt such a resolution. The Mayor
so ordered.
APPOINTMENT TO SOUTH BAY JUVENILE DIVERSION PROJECT 164
Councilwoman Swanson moved that Mrs. Sandra Ormsby, 2 Eucalyptus
Lane, be appointed.to represent the City of Rolling Hills on the
Advisory Board of the South Bay Juvenile Diversion Project. The
motion was approved unanimously by the Council.
Councilwoman Swanson said that at a later date she wishes to
advise the Council on the activities of the Diversion Project in
connection with a request for a small contribution from the City.
AUDIO SYSTEM
173
The Manager advised the Council that she had obtained two esti- ..
mates for sound equipment to replace the tape recorder, which must be
sent out for repair, and also.to amplify sound in the Council chamber.
Mrs. Clifton said the estimates.received to date have been very high,
but the equipment now in use needs frequent repair, and there is no
57
July 27, 1981
back up equipment currently available to the City;
CARPET -FOR ADMINISTRATION BUILDING 185 \
The Manager reported that the carpet in the building is over'i'14
years old, is badly worn in spots and no longer.cleans well. Council-
man Rose requested that when considering replacement carpet the Manager
consult the State's architectural requirements, and he asked that a
heavy pad not -be installed.
MEETING TO 'REVIEW WATER LINES 190
Councilman Pernell announced that he and the City Manager would
meet briefly after a-djournment-�:toreview easement maps and discuss
location of water lines in the Flying Triangle.
ADJOURNMENT 195
—Mayor Crocker adjourned the meeting at 9:20 P.M.
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APPROVED::'.
Mayor
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