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7/27/1981• e� •e 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. -2- 53 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. Is]! f l� 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. ME 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. -5- 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. 0 m m City Clerk' Q APPROVED::'. Mayor -7-