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8/14/198172 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA September 14, 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 Rose at 7:30 P.P. Monday September 14, 1981. ROLL CALL PRESENT: Councilmembers Crocker, Heinsheimer, Pernell, Swansor Mayor Rose ABSENT: None ALSO PRESENT: LITIGATION SESSION Teena Clifton Michael Jenkins June Cunningham Mrs. J. Donner M. Langer Mrs. J. Murdock Miss G. Nixon Mrs. S. Ormsby Mrs. M. Wagner City Manager City Attorney Deputy City Clerk League of Women Voters Attorney Planning Commission Chairman Environmental Quality Board Residents The meeting was adjourned to a Litigation Session at 7:35 P.M. at the request of the City Attorney. MEETING RECONVENED The Mayor reconvened the meeting at 8:20 P.M. and announced that during the Litigation Session the Council discussed the Motion for Preliminary Injunction scheduled to be heard on Tuesday, September 15 in the matter of Weber et al against the City of Rolling Hills. Mayor Rose said it is a matter of public record, and interested parties may get the case name and number and go to the Torrance Court to review the pleadings, and whatever_ records are i.n,.the-`City- Ha.l.l WilI also be made available upon request. In addition,-,MayorRose said referring defense of the matter to the County was discussed, in addition to one small personal matter which was also discussed. APPROVAL OF MINUTES 42 The minutes of the meeting on August 24, 1981 were approved and accepted as presented on a motion made by Councilwoman Swanson, seconded by Councilman Crocker and carried by the following roll call vote AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None PAYMENT OF BILLS Councilman Crocker moved that Demands 9863, 9865 through 9899 and 9901 through 9904, in the amount of $70,722.39 be paid from the General Fund, that Demands No. 9894, 9895 and 9900 in the amount of $1,294.71 be paid from the Fire and Flood Self Insurance Fund, and that Demand No. 9864 be voided. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote; AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None r� September 14, 1981 73 - PUBLIC HEARING, PROPOSED AMENDMENT TO MUNICIPAL CODE, ZONING ORDINANCE 92 Mayor Rose opened a public hearing on theproposed amendment to the Municipal Code, and he said that copies of the revised Zoning Ordinance was sent:in draft form to Council members,with a recommend- ation from the Planning Commission that the ordinance be adopted. At the last meeting of the Council the proposed ordinance was reviewed and minor changes were recommended. Mayor Rose asked Planning Commission Chairman Jody Murdock to review the changes. Chairman Murdock said the concerns of the Council which were ex- pressed at the last discussion have been addressed and the changes have been superimposed on the draft copies for comparison with the original section. She explained that the Planning Advisor had pro- vided the wording intended.to incorporate the recommendations of the Council in the ordinance, and she reviewed the changes as follows: Section 17.08.055 Boundary Fence. Definition of a boundary fence was added, and is in conformance with Community.Association standards for a boundary fence. 00 Section 17.08.170 Lot Lines. The section was further amended to read: "Lot .lines are defined ,as:'^ In discussing the wording of the definition of Front Lot Line, Chairman Murdock said the wording .has m been changed in an attempt -to clarify the definition, but there will not be a change in the established procedure with regard to establish- ing and determining the front lot line. Section 17.16.011 Accessory Uses. Paragraph D pertaining to outdoor storage of recreational vehicles was discussed. Chairman Murdock said reference.to dismantled, inoperable or unlicensed vehicles was removed as directed by the Council, and the number. of recreational vehicles, including boats, trailers and horse trai7_er.s was established as not• more than three. In discussing the section Chairman Swanson said that the pro- hibition against outdoor storage in the front yard or within fifty feet of any roadway easement will cause problems, because in some areas of the .City, depending on the topography, the front yard is not visible, but some roar yards are,highly visible, especially from residences across the canyon. Further, Councilwoman Swanson said a recreational vehicle.parked in the front yard is objectionable to everyone who passes_by, but storage in a side yard or rear yard on a regular basis can cause a long-term problem for neighbors who have to look at it whenever they are in their yard in an area which has been developed for relaxation and recreation. Councilwoman Swanson asked that the entire section be deleted, and that parking of recreational. vehicles be permitted only by Conditional Use Permit. -Chairman Murdock said that at present there is no guideline for outdoor storage of a recreational vehicle, and it is not a.permitted. use under the existing ordinance. Councilman Pernell said there would be a problem of enforcement if allof the residents who are now storing recreational vehicles.on their property were required to apply for a Conditional Use Permit; Chairman Murdock said it would require numer- ous meetings of the Planning Commission to review each application for a Conditional Use Permit. Councilman Heinsheimer suggested that the words "in any front yard or" be deleted from the section. In.a straw vote Councilmen Crocker, Pernell and Rose agreed with the suggestion, Councilwoman Swanson said she still feels that a Conditional Use Permit should be required for parking of recreational vehicles. Paragraph D was amended as suggested by Councilman Heinsheimer. Section 17.28.022 Structures permitted in yards. Chairman Murdock explained that paragraphs B and C have been combined into a revised paragraph B. The paragraph was further revised to read: Driveways leading to a garage or other parking area are permitted in any yard provided the driveway and parking area do not exceed twenty (20) percent of the area of the yard in which they are located. Councilwoman Swanson said that since accessory uses, permitting parking of recreational vehicles, was approved in a 4:1 straw vote, she wished to propose that landscaping for screening, or a covering be -2- 74 September 14, 1981, required, rather than permitting exposed storage. Councilmen Crocker, Heinsheimer and Pernell said they would not be in favor of such a re= quirement. Mayor Rose thanked Chairman Murdock for the work she and the - members of the Planning Commission did in developing the revised Zoning Ordinance, and he asked for comments from the audience. There were none, and the Mayor closed the public hearing. . Councilman Crocker moved that the proposed ordinance amending the municipal code and adopting a revised zoning ordinance be introduced as amended, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell Mayor Rose NOES: Councilwoman Swanson ABSENT: None ° APPLICATION FOR MOBILE HOME IN SLIDE AREA ' 1068' In a letter dated September 3, 1981 Major Langer, attorney for Margaret Wagner, 54 Portuguese Bend Road requested an application from the City Manager..for a permit to place a mobile home on her property, pursuant to the City's newly adopted ordinance. Mrs. Clifton advised the Council that she is in the process of developing an application for such a permit. Mayor Rose ordered the matter handled procedurally by the Manager, and the matter was re- moved from the agenda. PRELIMINARY COST, GRADING FOR DRAINAGE IMPROVEMENTS IN KLONDIKE CANYON 1081 The,Mnager reported that Mr. Doug McHattie, South Bay Engineerin Corp., has estimated that the top figure for the grading would be $15,00 including engineering costs. Mrs. Clifton said it has been proposed" that the affected owners pay 1/3, the Community Association.and the City each pay 1/3. Mayor Rose said appropriate releases should be required, and Mrs. Clifton suggested that requirement be made a part of any motion made by the Council approving the expenditure. The Manager said the 1/3 figure may vary, depending on whether the tractor continues into the can- yon and compacts loose soil. The City Attorney recommended that the work be deferred for awhile. Mayor Rose said the Council is concerned that the loose soil, which remains from the geological testing in the area, will wash down in heavy rains, and cause problems below. Mrs. Clifton said that as an alternative the drain could be enlarged to handle such run-off. The Manager was directed to research..enlarging the drain and report back to the Council. FIREWORKS, SB 999 1130 Mayor Rose said that Senate Bill 999, if passed, would require that every city would have to allow sale of so-called "safe and sane" fireworks within their boundaries. A copy of a KNBC Editorial opposing passage of the bill was presented to the Council, and Mrs. Clifton re- ported on her efforts to have the bill defeated. Councilwoman Swanson reported that the League of California Cities took a position against.the bill, which is expected to pass and go to the Governor for his signature. The Council agreed to maintain their opposition to the bill, and the Manager was directed to continue her efforts to have it defeated: Mayor Rose suggested that the Council adopt a resolution, citing the high fire danger, and he said he would work on it with the Manager. REQUEST FOR JOB TRAILER, 27 CREST ROAD WEST, KATELL PROPERTY 1160 In a letter dated August 26, 1981 Fred J. Clark, agent for Mr. and Mrs -Gerald Katell, requested location of a job trailer on the property at 27 Crest Road West, to serve as an office and sleeping 290 • a� September 14, 1981 75 quarters. Mr. Clark appeared before the Council and.explained that he lives.in Encinitas, California and he said he would be the only occupant of the trailer from time to time until completion of the job, in 12 - 14 months. Mr. Clark said the 1500'. square foot trailer will be located . adjacent to the existing garage on existing paving, and will not be visible from the road. He said the neighbors have been advised of the proposal, and do not object.. Mr. Clark said the trailer would be re- moved as soon as construction is completed. Councilman Crocker moved that the request be approved. Councilman Pernell suggested that a time limit of. 14 months be specified. Council- woman Swanson seconded the motion of approval, which carried on the. following roll call vote: AYES: Councilmembers.Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None REQUEST FOR AUTOMATIC GARAGE DOOR OPENERS 1208 The Manager submitted an estimate from South Bay Garage Door Co. for installation of three automatic garage dooropeners, $990, plus three transmitters, $60 and modification of the present unit, $118, $1168 total. Councilman Crocker moved that the expenditure be approved. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None APPOINTMENT OF VOTING ALTERNATE TO LEAGUE OF CALIFORNIA CITIES 1214 Councilwoman Swanson said she is voting delegate to the League of California Cities and the League has requested that a voting alter-. nate be appointed to vote in her absence. Councilman Pernell was ap- pointed in a motion made by Councilman Heinsheimer, seconded by Council- woman Swanson and carried by the following roll call vote: .AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson_ Mayor Rose NOES: None ABSENT: None CITY OF LOMITA, LETTER AUGUST 21,, 1981 1224 .A letter dated August 21, 1981 from the City.of.Lomita regarding - housing for senior citizens and expressing appreciation to the City for participating in the program was received for the file. RESOLUTION NO. 475 1230 Councilman Crocker moved that Resolution No. 475 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING SCHEDULE "A" OF THE RESIDENTIAL REFUSE FRANCHISE AGREEMENT RELATING TO A RATE ADJUSTMENT be adopted, and that reading in full be waived.: The motion was seconded by.Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker,. Heinsheimer, Swanson, Mayor Rose NOES: None ABSENT: None ABSTAINED: Councilman Pernell 06 September 14, 1981 Councilman Pernell explained that he abstained from voting on the motion because, subsequent to completion of negotiations with Removal, Inc., that company joined a dental plan with which Dr. Pernell is connected. CONSIDERATION OF CHANGE OF COUNCIL MEETING DATES 1242 No action was taken on the matter, which was deferred for six months. The Manager reported that when Patrick Couhglan is unable to attend a City Council meeting Michael Jenkins will attend as -City Attorney. CONSIDERATION OF CONTRIBUTION IN RECOGNITION OF SERVICES BY DR. PERRY Councilman Crocker said that when he contacted Dr. Perry Ehlig in connection with a proposal to hire him as consultant to the City in matters dealing with the landslide, Dr. Ehlig said he wished to serve on a voluntary.basis, but he said that if the City did wish to compensate for his services, he suggested that a grant be made to a scholarship fund which has been established in'the name of the late Dr. Robert Stone at a local university. Councilwoman Swanson asked whether a gift of public -funds would be proper. Mr. Jenkins said that since it is the Council's wish.to make a grant to a fund as a token of their appreciation for services rendered, for which no compensation was paid, the resolution accompanying the grant could be so worded. The Council tentatively agreed on a sum of $5,000 and the Manager was asked to determine at which university the scholarship has been estab- lished, and to work with Mr. Jenkins on the grant, with information to be presented to the Council at the next meeting. PALOS VERDES POLICE ASSOCIATION 1329 EH Councilman Heinsheimer said there has not been any response to a letter written by the Mayor to the Palos Verdes Police Association in care of the City of Palos Verdes Estates. Further, he said there was an article in the local newspaper which did not accurately report his objection to the method of solicitation of funds. Mrs. Clifton said she had discussed the matter with representatives of the firm which is conducting the fund raising campaign, and they told her that a letter would be written in response to the letter from the Mayor, and that they would not call Rolling Hills residents again. Councilman Crocker suggested that the Manager contact the Department of Social Services to determine whether the public relations firm has the. proper permits for their solicitation,and that she also contact the Mayor of Palos Verdes Estates and request a response. The Mayor so ordered. SOUTH BAY STEERING COMMITTEE, JOINT POWERS AGREEMENT 1376 Councilwoman Swanson moved that the City of Rolling Hills agree to continue to participate in the Joint Powers Agreement, South Bay Steering Committee. She explained that the City of Rolling Hills has participated since its inception in 1974, and she asked that the Council make a motion of support, which would not involve the expenditure of any money, since funds were granted for three studies which have been made by the Committee. She said the agreement has been reviewed by the Torrance City Attorney, and she gave a copy of the agreement to the Mayor. Mayor Rose asked Mr. Jenkins to review the agreement and report to the Council at the next meeting. The. matter was held on the agenda. CLAIM AGAINST CITY OF ROLLING HILLS 1487 Copies of a Claim Against the City of Rolling Hills in the amount of $1,400,000, filed by Mr. and Mrs. Herbert Agid, 60 Portu- guese Bend Road were presented to the Council. Councilman Crocker moved that the claim be denied. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: -5- September 14, 1981 AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None BOARD OF SUPERVISORS, LETTER DATED SEPTEMBER 9, 1981 1498 In a letter from the Board of.Supervisors of Los Angeles County dated September 9, 1981 James S. Mize, Executive Officer, reported that on motion of Supervisor Kenneth Hahn at the meeting held on September 8, 1981, the Board of Supervisors endorsed the Peripheral Canal proposal which will be on the June, 1982 ballot. Councilman Crocker moved that the Rolling Hills Council reaffirm their position of support. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson co Mayor Rose O NOES: None m ABSENT: None, m Q PROCEDURE FOR APPOINTMENTS 1510 Councilwoman Swanson said there appears to be a show of interest by residents in serving as appointees on various committees, and since there is currently. a vacancy on the Traffic Commission and several resumes have been received from interested residents, she asked that a procedure be established on how appointments should be made. Mayor Rose asked Councilwoman Swanson if she had any recommend- ations regarding a procedure. Councilwoman Swanson said she wished to ask the Mayor to delegate two members of the Council to interview applicants who apply for an appointment. Councilman Heinsheimer suggested that the Chairman of the Committee and the City's Personnel Officer should be delegated. Councilman Crocker suggested that the recommendation made by Councilman Heinsheimer should be followed, and that it should be outlined in the minutes as the procedure. RELOCATION OF ABOVE GROUND WATER LINES IN FLYING TRIANGLE 1559 The City Manager reported that.she has received the final plan from the Water Company for relocation of the above ground -water lines in the Flying Triangle, and she said the relocation will be -essential- ly as discussed with Mr. Mokler and Councilman Pernell, with the lines in the easement between the Mokler and Weber properties. Mrs. Clifton said she has reviewed the plan with residents in the area; has written to the Fire Department regarding the hydrant, and Mr. and Mrs. Mokler have signed the easement agreement. The Manager reported that the re-.-- location e-location will cost $35,000 and the cost will be paid by the Water Company. COYS- IN THE JOHNS CANYON AREA 1584 Copies of a memo dated September.2, 1981 from the City Manager requesting that the maintenance forces of the Community Association be authorized to work on the problem of ridding the City of the coy population, and a memo dated September 10, 1981 from the Association Manager explaining that the matter would be placed on the agenda for discussion by the Board of Directors on September 17, were distributed to the Council. In her memo Mrs. Minor explained that the Board has not been involved in previous actions taken by the City in disposing of the toys, and she reported that Mr. Vink feels he is unable to hunt or trap .the toys during working hours, except in the case of an emergency, and further, that compensation arrangements would have to be made if he works overtime. The Council agreed that arrangements should be made with Mr. Vink because of the success of his previous efforts. Em • �' i September 14, 1981 Mrs. Clifton explained that traps are available, and when coys are caught in the traps they are turned over to the Animal Control Department. ADJOURNMENT 1620 The meeting was adjourned at 10:35 P.M. APPROVED: Mayor -7- City Clerk