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5/24/1982HIM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA May 24, 1982 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 pro Tempore Murdock at 7:30 P.M. Monday, May 24, 1982. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilwomen Leeuwenburgh, Swanson, Mayor Murdock Councilmen Heinsheimer, Pernell Teena Clifton Michael Jenkins June Cunningham L. D. Courtright Mrs. C. Boyd M. Mendelson Mrs. V. Doak IV. J. Hines Mr. & Mrs. W. King Mrs. M. Wagner City Manager City Attorney Deputy City Clerk City Treasurer R. H. Women's Club Attorney Residents The minutes of the meeting on May 10, 1982 were approved and accep- ted as presented on a motion made by Councilwoman Swanson, seconded by Mayor Murdock and carried by the following roll call vote: AYES: Councilwomen Leeuwenburgh, Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell PREPARATION OF BUDGET, FISCAL 1982/83, COMMENTS BY CITY TREASURER 1018 The. City Treasurer reported that'he will meet with Councilwoman Swanson, the Council's Finance Officer, on Friday, IIay 28 to discuss preparation of the Budget for Fiscal 1982-83, and he asked that some thought be given to the allocation for the Fire and Flood Self -Insurance Fund, which was established a few years ago to provide money for fire:, flood or other emergencies, and has been used to pay expenses in connec- tion with the landslide in the Flying Triangle. Because it is an in- surance fund, Mr. Courtright said a decision should be made about the minimum or maximum amount that should be allocated to it. In response to a question from Councilwoman Swanson, Mr. Courtright said there is a balance of approximately $70,000 in the fund; the Manager said the Council has approved an expenditure of $6,000 for the sewer study, which will come out of the fund. Mayor Murdock asked whether a maximum figure had been established for the fund, and Mr. Courtright said it had not. He explained that expenses such as engineering and legal fees associated with an emergency are paid from the fund. Mr. Courtright said that in 1980/81 a sum of $40,000 was allocated and was used; in 1981/82 the funds allocated were not completely used, with a larger balance than was expected. Mr. Courtright said any litigation fees which are not covered by insurance will be paid from the fund. Councilwoman Swanson asked Mr. Courtright if he had a recommend- ation about how much should be allocated to the fund. He said one approach would be to add together the expenses the City has paid for items which are paid from the fund over the past five years, divide the total by five, and make an allocation over the next five years, based on that figure. Mr. Courtright said that would provide a reasonable figure, considering that in some years the City might not have any losses which are paid from that fund. He said the prior Council had a feeling that the fund should not build up past some reasonable amount, which has not been determined. Councilwoman Swanson 187 May 24, 1982 said that is a policy question which should be addressed by the new City Council. Mayor Muiau�_k asked that the comments made by the City Treasurer be reflected in the minutes for consideration at the next meeting. Councilwoman Swanson asked whether there were any other issues the Council wished to have discussed in her meeting with the City Treasurer and the City Manager. Mr. Courtright said compensation for employees has always been deferred until the last,i;em, and he suggested that a personnel session be scheduled to take place earlier in the budget preparation so the Council can discuss what kind of increases can be expected in the budget. THE CITY TREASURER WAS EXCUSED FROM THE MEETING AT 8:45 P.M. APPEAL FROM DECISION OF PLANNING COMMISSION, ZONING CASE NO. 212 1116 In a letter dated May 18, 1982 Morley Mendelson, attorney for Mr. Robert Mohr of Advanced Electronics, advised that Mr.. Mohr will not be available for the June 14 meeting, but would be available for the 00 Council meetings on June 28, July 12 and July 26, and he asked that 0 the hearing on the appeal of the decision of the Planning Commission with regard to Zoning Case No. 212 be set for one of those dates. Mr. Co William King advised the Council that July 12 and July 26 are not m satisfactory, since his attorney will not be able to attend on those Q dates. Mr. Mendelson asked that a special meeting on Monday, June 21 be considered. Councilwoman Swanson said she would not be available on that date, and she asked that the hearing be deferred until a date which is acceptable to all parties involved... Following discussion Mayor Murdock said the meeting would have to be deferred until August., since four members of the Council must be present, as agreed to at a previous meeting, and she suggested that the hearing be set for August 9. The City Attorney said he would not be present at that meeting, but would be represented by a member of his firm. Mr. King said the FAA is going to render a decision on Friday, May 28 about whether Mr. Mohr will be permitted to move both structures from their present location. Th:: City Attorney was asked to give an opinion about whether the vote wo;i..id be by majority of the Council or by majority- of the quorum present, since Mayor Murdock has been disqualified bec�.lse of her former position as Chairman of the Planning Commission -when the matter was heard by that body. Mr.. Jenkins said that the Council should not depart from their usual procedure, and should take action in the same manner as in other matters. Mayor Murdock said that at the last meet- ing Mayor Pernell said it was his opinion that three similar votes should be required, which is a quorum of the Council. Councilwoman Swanson said Roberts Rules of Order define the majority based on the number present. Mr. Jenkins said that is so, explaining that a quorum of the Council is three and a majority of the quorum can take action on all matters except those which, by statute, require three votes or four votes, for matters including adoption of ordinances and expendi ture of funds.. Mr.. Jenkins said it is his opinion that if three members of the Council hear the matter, two could determine the issue; if four members are present a majority vote of three is required. 1 r., 22 ABATEMENT OF PUBLIC NUISANCE, SEEPAGE PIT, JAMES EVANS, 62 PORTUGUESE =:`SND RD Mayor Murdock reported that Mr. and Mrs. Evans communicated with her by phone just before the meeting, and reported on their progress in determining whether the seepage pit on their property is functioning. Mr.. Evans reported that the.line above the seepage pit has been dug out and it appears that there is a kink in the line. Arrangements are being made for confirmation, using a television camera, since a plumb bob put into the seepage pit has indicated that nothing has ever entered into the seepage pit, An attempt to run a hose between the septic tank and the seepage pit indicates that there is a break somewhere between the two, since the septic tank operated properly before it was drained. Mr. Evans advised Mayor Murdock that all water is now being contained in the septic tank, which has a capacity of 1500 gallons. -2- HE May 24, 1982 Councilwoman Swanson said she is concerned about statements that the nuisance is being abated if the septic tank is being used; she asked what assurance the Council has that efforts are being made to keep effluent from entering the ground. The Mayor said the septic tank has been opened and is now covered by boards, so it is readily access- ible for inspection. further, the Mayor said that if the location of the obstruction can be determined, and if it can be corrected, Mr.. Evans said it is his belief that the system can be used, since the seepage pit is installed to discharge the effluent below the slide plane; on that basis he is proceeding with efforts to abate the nuisance by locat- ing the obstruction. Mayor Murdock read into the record the portion of the City Council minutes of the meeting on April 26, which stated the directions which were to be given to Mr. and Airs. Evans, and the letter dated April 30, 1982 advising Mr. and Mrs. Evans of the Council's action. Mrs. Carol Boyd, 7 Middleridge Lane South, said she understood from previous testimony that it was the opinion of the geologist that the seepage pit was fractured as a result of land movement, or soon would be, and that effluent would be entering the ground because of that and would continue to do so, even if the blockage between the septic tank and seepage pit is eliminated. Councilwoman Swanson said that since the geologist has made the statement about fracture of the line as a result of the land movement, and because of the problem on the belly property, it was her opinion that even if the kink in the line is lo- cated and corrected, the problem will not be eliminated; she asked if the Manager has received a statement in writing from the'Dr. Ehlig. Airs. Clifton said Dr. Ehlig came to the office and discussed the matter with her; she said the geologists,...Dr. Ehlig and the two County geolo- gists, are in agreement that the nature of the slide is such that the seepage pit will continue to be a problem, that if it has not fractured already, it would be uni..,sual.. Councilwoman Swanson said she is concerned about the statement that the septic tank is open, stating that it could be a health hazard.. Mayor Murdock said she visited the property and observed that an exca- vation has been made and is covered; it was her understanding that the tank could be visually inspected to determine the level of fluid, but she does not know whether it remains open. Councilwoman Swanson said it appears that Dr. Ehlig has advised the City Manager that he believes the cesspool has been fractured, and she moved that the County Engineer be asked to visit the property, inspect the cesspool to determine whether it has fractured, and report to the City so that if it has fractured an' above ground sewage system can be ordered by the Council.. The motion died for lack of a second. Mayor Murdock said that Mr. Weber has advised the Manager that he has proceeded with above ground installation, but has not indicated his action in writing; Mr. and Mrs. Evans have indicated that they are pro- ceeding in an effort to abate the nuisance; she asked the City Attorney whether it is necessary for -the parties to respond in writing. Mr. Jenkins said written response is not necessary, since Mr. Weber has taken the necessary steps to abate the nuisance on his property by having the above ground installation done. With regard to the Evans property, Mr. Jenkins said the Council acted in the belief that the effluent was being introduced into the slide plane as a result of a fracture; it now appears that the system never did operate, since Dr.. Ehlig has advised the Manager that there is no evidence that any material ever entered into the seepage pit, so the question of whether the seepage pit has fractured will become important only if the obstruc- tion before the pit has been located and corrected. Councilwoman Leeuwenburgh asked the City Attorney whether the efforts being made by Mr. and Mrs. Evans to determine the location of the obstruction between the septic tank and the seepage pit can be considered to be compliance with the order to abate the nuisance. Mr. Jenkins said that attempting to determine whether there is a problem other than a fracture in the seepage pit is an effort to abate the nuisance, and Mr. and Mrs. Evans have the option to prove that the seepage pit has not been fractured. If the obstruction is located and corrected, Mr. Jenkins said efforts will have to be made at a later date to determine whether the seepage pit has fractured, based on what the Council has already heard from the geologists. -3- May 24, 1982 The City Manager stated that although she wrote the letter to Mr. and Mrs. Evans at the request of the Council, she has not received a reply, has not been on the property, and does not know who is doing the monitoring of the fluid level in the septic tank. Mrs. Clifton said she has discussed the effort to determine the location of the obstruction with a representative of Atlas Cesspool, who did the orig- inal installation, and she said the information about what is being done to abate the nuisance is being related to individual members of the Council, rather than to staff as it should be. Councilwoman Swanson said the burden is on the property owner to abate the nuisance, and that in dealing with an individual from a cesspool company and in discussing the matter with individuals, Mr. and Mrs. Evans are not complying with the requirements stated in the letter from the Manager, .based on the advice of geologists. Councilwoman Swanson asked the City Attorney what the appropriate procedure would be to enforce the orders of the City Council, and have an above ground installation made. !r. Jenkins said that when the obstruction has been cleared and the effluent is no longer going into the slide plane as it appears .it is at the present time, it will then be necessary for Mr.. and Mrs. Evans 00 to demonstrate that there is no fracture in the seepage pit. In the O absence of such demonstration, because of information the City has received from the geologists, Mr. Jenkins said it would not be inappro- m priate for the City to order an above ground system, regardless of the m action taken to clear the obstruction, with a new time frame established Q by the Council at this meeting.. Councilwoman Swanson moved that the County Engineer_be asked to go to the Evans property and make an inspection within the next two days to determine whether there is evidence that effluent is being introduced into.the ground or whether the nuisance has been abated to the satisfaction of the City. The motion was Seco:: -.-..-Jed by Mayor Murdock and carried by the following roll call vote: AYES: Councilwomen Leeuwenburgh,..Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell Mayor Murdock said it is her understanding that the sense of the motion is to require that in addition to determining whether there is introduction of effluent from the line between the septic tank and the cesspool, Mr. and Mrs. Evans are required also to demonstrate to the satisfaction of the City that there is no fracture of the seepage pit., or proceed with installation of above ground facilities. Mr. Jenkins said that was correct; the action reaffirms the action of the Council in ordering above ground facilities, with a different cutoff date. Mrs. Clifton said that if it is necessary for an above ground facility to be installed, the septic tank should be sealed to contain the fluid until the new installation can be made, which will be in two to three weeks. The City Attorney suggested that the order be separated into specific actions: that the County Engineer be authorized to inspect the property to determine whether effluent is going into the ground; that a final cut off date for proving that there is no fracture, or for ordering an above ground system be established; that a procedure be established for handling.the situation until the new system arrives and can be installed. Mr. Jenkins said that since the situation has been declared a public nuisance the City will have to take action if Mr. and Mrs. Evans fail to do so, and have the charges attached to the tax bill for the property. Councilwoman Swanson asked whether water service to the property could be turned off; Mr. Jenkins said it could, as an alternative. Councilwoman Swanson said Mrs. Margaret Wagner, 54 Portuguese Bend Road, is present at the meeting, and since she has had an above ground system installed, Councilwoman Swanson suggested that she be asked some pertinent questions about it. 190 May 24, 1982 In response to -questions of the Council, Mrs. Wagner said it took slightly more than six months from the time the Council ordered the above ground installation until it was completed, because the unit was manufactured in Oregon and because of'the required permits. Mrs. Wagner said the.units are now available locally, and Mr. Weber will have his installation completed by May 27. Mrs. Wagner said the above ground tank has already had 43 leaks in it, and she is con- cerned about similar leaks into the ground from below ground installa- tions. She said her above ground tank is plastic. Mrs. Clifton said most of the below ground septic tanks are made of concrete. Mrs. Wagner said that when she is alone the tank serves her for about six weeks, since she is very careful about the amount of water she uses,. but when her :::amily visited it lasted only four days; pump out of the 1500 gallon tank costs $75. Mayor Murdock thanked Mrs. Wagner.. Councilwoman Swanson asked what would be required to order the water to a residence shut off. The Manager explained that unless the meter is removed the resident can turn the water back on after the water company turns it off. Mayor Murdock said she would be reluctant to take such a drastic step, since that would make the residence unin- habitable, and it was her opinion that this was beyond the purview of the City Council. The City Attorney said the resident should be given an opportunity for another hearing before the water is turned off. Following discussion Mayor Murdock moved that unless Mr.. and Mrs. Evans offer proof. that there is no fracture and that the system is functioning properly by May 28, arrangements must be made by them'for an above ground installation, or.the City will take steps to do so. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilwoman Leeuwenburgh, Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell The City Attorney suggested that the Council require that the septic tank be sealed while waiting for installation of the above ground facility, an::; that proof regarding fracture of the seepage pit be required in 5..-iting or in pictures, rather than by verbal opinion of a geolog' t. The was included in the intent of the motion by consent of the (': ­ncil . Council•.-!.tn Swanson said she thought an opinion relative to the fracture of 1.1,o, seepage pit should come from the County Geologist, who is acting as consultant to the City, and that Mr. and Mrs. Evans should be advised of the Council's action in letters sent on May 25 by regular mail, certified mail, and delivery by messenger. Councilwoman Swanson then moved that the septic tank be pumped and sealed on May 28 and be so maintained unt:i, installation of the new facility on the order of the City Council. tie motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilwomen Leeuwenburgh, Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell ABATEMENT OF PUBLIC NUISANCE, SWIMMING POOL,. JAMES EVANS 1841 Mayor Murdock reported that Mr. and Mrs. Evans were notified by letter dated April 30 that the swimming pool on their property was found to .be a public nuisance by the City Council at the meeting on April 26, and they were ordered to have the pool emptied and the water removed from the City in a tank truck; further,. that failure to comply would result in emptying by the City with cost charged to Mr. and Mrs. Evans on their tax bill. Mr. Jenkins said the thirty day time period started with the date the letter was written, and the.time has not yet expired. -5- 191 May 24, 1982 A letter dated May 12, 1982 from the Department of County Engineer - Facilities was distributed to the Council. Mrs. Clifton explained that the letter was written by Harry Kondo, District Engineer at her request in response to concern expressed by Mr. and Mrs. Evans about damage to the pool as a result of emptying, specifically that it might pop out of the ground. Mr. Kondo stated that if the ground surface adjacent to the pool is properly decked, sloped to drain away from the pool area, deck drains added and all possibility of surface ponding and ground seepage or soaking eliminated, the probability of flotation would be nil and the pool structure would remain undamaged and structurally intact. He said an alternate would be to fill the pool with sand, which would not affect it structurally. Councilwoman Swanson said that if Mr. and Mrs. Evans do not act within the time frame specified the action of the Council should be reaffirmed and the City Manager should be directed to make arrange- ments to have the pool drained. Further, she said it was her opinion that the pool be covered with wood decking rather than being filled with sand, since it would be more attractive and less traumatic for the owners of the property, Mrs. Clifton said filling the pool w,th 00 sand would require drilling of.holes in the pool for drainage. O Councilwoman Leeuwenburgh reported that at the invitation of the m owners she went to the Evans property and did not observe any cracks min the pool. She suggested that the matter be re -assessed. The Manager said the geologists did not detect any cracks, but did advise that the Q pool was tipped. Councilwoman Swanson said the Council should rely on the advice of the experts, since to ignore it could open the City to liability, and she said she thought the Manager should proceed under the time frame set forth at the April 26 meeting.. Councilwoman Swanson said that to change the action of the Council would require rescinding the motion, and establishment of a program of monitoring, since it is a recreational facility and introduction of a large quantity of water could be hazardous to the Kelly residence at 2 Pinto Road. Council- woman Leeuwenburgh said she thought the County should be asked to re- assess the matter of the swimming pool. The Manager said the County has assessed the pool and advised the Council that it is tipping; she said the only change would be if the condition was worse than when the County geologist originally reported it. The City Attorney explained that the matter can be reconsidered on a motion made by a member of the majority who voted;.he said he considers it inappropriate to consider evidence received outside of the hearing which was held on the matter, explaining that the decision must be made on evidence received in the course of the public heating. Mr. Jenkins said his recollection was that testimony at the hearing was that there are no cracks in the pool and no evidence of leaking, but that given the movement of the earth it was the opinion of the geolog_t::zts that there is significant risk, and on the basis of that risk the Council moved to order that the pool be emptied as a pre- cautionary measure to abate the condition.. Mr. Jenkins said he would rule that any reconsideration would have to be based on new assessment of the evidence, and not on any new evidence perceived since the time of the hearing. Councilwoman Leeuwenburgh moved that the Council reconsider the evidence presented at the public hearing on April 26 with regard to finding that a public nuisance exists in connection with the swimming pool on the James Evans property. Mayor Murdock seconded the motion for purposes of discussion., stating that she shares Councilwoman Leeuwenburgh's concern, but she feels that since the determination has been made expertise would be necessary in order to arrive at a differ- ent decision. The motion failed to carry on the following roll call vote: AYES: Councilwoman Leeuwenburgh NOES: Councilwoman Swanson, Mayor Murdock ABSENT: Councilmen Heinsheimer, Pernell Zr_ 192 May 24, 1982 The Manager was directed -to proceed to carry out the instructions as contained in the letter to Mr. and Mrs. Evans on May 28. ABATEMENT OF PUBLIC NUISANCE, SEEPAGE PIT, ANTON WEBER 2038 The Manager reported that Mr. Anton Weber, 53 Portuguese Bend Road, has made arrangements for an above ground installation of sewage facilities, and that completion was delayed because of damage to the tank enroute to his property. A new tank has been provided and has been.put in place, but installation has not been completed, but will be finished in a few days, Mrs. Clifton said. LIABILITY INSURANCE 2045 Mrs. Clifton said she has no new information on the liability insurance, explaining that the Association has not covered the City for liability on all operations, and she has been directed by the Council to purchase the additional insurance and add the cost to the lease. The Manager explained that this was the direction of the previous Council, not the present Council. Mr. Jenkins said this was to be done if the matter was not resolved by the end of March, and at that time it was believed that the City would be covered as requested.. Mrs. Clifton said it is her understanding that Fireman's Fund did not wish to go back and make the required changes,. since the Association had already contracted with them.. Mrs. Clifton said, further, that the City's carrier has specified what coverage the City should have under the Association's policies. Councilwoman Murdock said that the new Council members have not received that information, and she asked that it be provided so the present Council can consider what should be done. Mr. Jenkins explained that the City is fully covered under the City's policy, but wished to be covered by the Association's policy as well. LEASE BETWEEN CITY AND ROLLING HILLS COMMUNITY ASSOCIATION 2219 Mrs. Clifton reported that a copy of the lease for Fiscal 1981/82 including Exhibit "E" specifying charges has been sent to Mr. Kinley,. Association Counsel. Mr. Jenkirt,.> said he has not heard from Mr. Kinley and the matter was held on the clda. Mrs. Clifton said the charge for all +=.cilities leased from the City is one line item in the budget, and -"I be in the same form in the new lease for Fiscal 1982/83. LETTER FROM W. J. HINES, 73 EASTFIELD DRIVE 2243 In a letter dated May 18, 1982 W. J. Hines, 73 Eastfield Drive, advised the Council that he is working on a home movie type of a documentary film on Rolling Hills and would like to include a scene showing the City Council. Mayor Murdock asked Mr. Hines, who was at the meeting, to describe what he planned, and Mr. Hines said it would be simple and would not require special make-up. Members of the Coun- cil agreed that -they would not have any objection to the request, and asked Mr. Hines to let them know when he plans to come to the meeting so a date can be chosen when all members are present. HAZARDS AND PUBLIC NUISANCE, K. TABATABAY '!tOPERTY, 5 CREST ?. QUEST The City Manager reported that as directed by the Council at- the last meeting she had advised K. Tabataba,v-, owner of property located at 5 Crest Road West, that the Council had made a determination that a public nuisance exists on his property and must be abated within seven days. Mrs. Clifton said notification was given by certified mail, regular mail, and in a telephone conversation with a member of his office staff, and that Mr. Tabatabay came to her office with two members of his staff to discuss the matter. The Manager reported that Mr. William Magill, County Engineering Inspector, makes daily inspections of the property, and that she had gone to the site on Friday, May 21; she said most of the weeds have been removed, trash is being removed, and the'pool.111,as been drained. 3Mra.i_-Clifton said more workers are needed and Mr. Tabatabay has been advised that if daily progress is not noted the property will be fenced with chain link and all costs will be charged to him. She -7- i, 2254 193 May 24, 1982 said it will be necessary to make frequent inspections, and it is her intention to also visit Mr.. Tabatabay's property at 3 Quail Ridge Road North, because residents in that area have advised her that the property is becoming neglected and overgrown with weeds. Councilwoman Swanson asked whether there is any requirement for - completion of construction, Mayor Pdurdock and the City Manager said Variances and Conditional Use Permits must be activated within one year after grant, and must be completed within the following year; a residence addition or building permit issued without Planning Commis- sion review does not have similar time limits. Councilwoman Swanson said it is her opinion that there should be a provision for demolition of something which has been started but not completed.. CITY COUNCIL COMMITTEE ASSIGNMENTS 2350 Mayor Murdock said copies of the Committee Assignments for 1982 were sent to members of the Council, and she asked if there were any comments. Councilwoman Swanson said that in addition to those listed she serves on the Board of Directors of SCRTD, as Chairman of the PVP 00 Transportation Committee and on the City -County Contracts Committee. 0 It was her opinion that a representative of the Council should be ap- T- pointed to work with the Senior Advocacy of the Peninsula because of IM the large number of seniors on the Peninsula and in Rolling Hills. m Councilwoman Swanson said she has served as the Council's represent- ative to the South Bay Juvenile Diversion Project for six years, and wishes to relinquish that assignment to another member of the Council, preferably one of the newly elected members, and she said she would be willing to attend meetings of the Juvenile Diversion Policy Board in the interim with a Council member. Councilwoman Swanson said the meetings are held once each month.. Mayor Murdock asked that Councilwoman Swanson's comments be reported in -the minutes,for consideration by other members of the Council and possible re -assignment. Councilwoman Swanson said the Councilmember assigned to California Contract Cities should be the person who can actually go to the meetings,. and should also be on the: City -County Contracts Committee, since both committees meet on the .same day. At present the alternate is the person who usually attends the meeting. PLANNING COMMISSION ACTION 2374 The Council was advised that at a meeting on May 18, 1982 the Planning Commission approved the following requests: ZONING CASE NO. 269, GERALD WEBBER, 8 BUGGY WHIP DRIVE, LOT 2 -MS Conditional Use Permit for Riding Ring ZONING CASE NO. 274,.KENNETH NORRIS, 30 CREST ROAD EAST, LOT 57 -MS Variance, Side Yard Setback Requirements for Residence Addition ZONING CASE NO. 275, KENNETH NORRIS, 30 CREST.ROAD EAST, LOT 57 -MS Conditional Use Permit, Construction of Pool House The information was received for the file. LA CRESTA SCHOOL SITE 2375 Mr. Jenkins advised the Council that in a letter dated.April 29 Patrick Coughlan addressed various alternatives available to the City with regard to the La Cresta School site which is proposed to be . vacated. Mr. Coughlan recommended that the City Council immediately request the City Attorney to prepare the appropriate ordinances to require the preparation of a specific plan and/or a conditional use permit for any development of the property. He also outlined four broad approaches to methods the City might use to purchase the pro- perty if it were interested in doing so. Mr. Jenkins said he has been formulating an amendment to the Zoning Ordinance which would make the property subject to certain requirements, since it is within the boundaries of the City, but is not subject to the deed restric- tions of the Community Association. Mr. Jenkins said he would suggest that a special zone, possibly a design overlay zone, be developed so 194 May 24, 1982 a proposal for development would have to come before the Council for approval, explaining that such review would be limited to architectural and design review. Other matters, such as subdivision of the property, including placement of streets and homes, would go beyond the design overlay concept, and would be more like a planned development, Mr. Jenkins said. He said he would like to hear the comments of the Council so he can develop a zoning amendment for review by the Planning Commis- sion. Mayor Murdock asked whether provision could be made for acquiring trail easements in the property similar to those reserved by the Com- munity Association. Mr. Jenkins said trail easements could be reserved as part of the subdivision process. Mayor Murdock said she considers it important to retain Community -Association requirements including design, easements, white paint, three rail fences, for the site, which is presently zoned RAS -2. Councilwoman Swanson said the restrictions of the Community Association are very definite, and she asked Mr. Jenkins if these same restrictions and requirements could be attached to properties which are not within the controls of the Association, and if they could be defended in court. Mr. Jenkins said Ile thinks a design overlay zone is defensible, but the ideal way to control the properties would be to attempt to put them under control of the Association, since there would be an element of risk. He explained that it would be difficult to force the property to be placed under deed restriction without the consent of the seller or the buyer. Mrs,. Clifton suggested that the City ask the School District to agree, as owner, to place the property under control of the Community Association's deed restrictions. Mr. Jenkins said the ideal way to handle the matter would be for the School District to subject the property to the Community Association's deed restrictions before selling it.. Mayor Murdock said that given the increased value of the property if it was placed under the Association's deed restrictions, made part of the private road system, with the matter of access addressed, it was her opinion that it would be an attractive offer for the School District. She said the idea should be explored with both the Community Association and the School Board. Mayor Murdock said that since she is the Council's representative to the Board of Directors of the Rolling Hills Community Association and the La Cresta School Site as:�ignment, she will pursue the matter with the Board if the Council wishes. Members of the Council present agreed and the matter was held on the agenda. EASEMENT FOR SANITARY SEWERS, TRACE'' 33871; C:HACKSFIELD-MERIT 2503 A letter dated May 19, 1982 from the Los Angeles County Engineer and the easement deed for sanitary sewers.in Tract 33871 were presented to the Council. Marvin Lowe, Regional Engineer, requested that after the Cite Council has accepted the easement the deed be returned to him for recording. The City Attorney said he had reviewed the deed and recommended that it be adopted. A motion to accept the Easement for Sanitary Sewers in Tract 33871, Chacksf.ield-Merit, was made by Councilwoman.Swanson, seconded by Coun- cilwoman Leeuwenburgh and carried by the following roll call vote: AYES: 'Councilwomen Leeuwenburgh, Swanson, Mayor Murdock NOES: gone ABSENT: Councilmen Heinsheimer, Pernell SOUTH BAY JUVENILE DIVERSION PROJECT FUNDING 171/2 Councilwoman Swanson reported that funding for the South Bay Juvenile Diversion Project which has been provided under AB90 may not be available to the project, and she asked that the City indi- cate their support.so that she may advise the Board. Councilwoman Swanson said that Torrance will no longer participate in the program and the increased cost will be divided among participating cities. The city's current allocation is $23, and has been as high as $200 she said, and could possibly be as high as $400 to $500 if the AB90 195 May 24, 1982 funding is not available. Councilwoman Swanson said she has suggested that a sliding scale based on ability to pay fees for counselling be considered for the cities participating in the project. Councilwoman Swanson urged that the City continue to participate in the project, re- porting that in the past year and one half seven juveniles from Rolling. Hills have received counselling through the program; and based on the population the percentage of services received is relatively high.. Mayor Murdock said she would hesitate to commit the full amount without.ex- ploring the alternatives. Councilwoman Swanson said the amount for participation is based on juvenile population in the city and amounts to about .$'300 per case throughout the program, which is considerably less than the cost per case when a juvenile enters into the juvenile justice system, which can amount to thousands of dollars. Councilwoman Swanson reported that under the provisions of AB90 hard core juvenile cases are handled in addition to runaways and truants, and a report on the success rate of the program is prepared by an independent agency and is available to participating cities. The Manager said she considered it an excellent program, and an allo- cation has been made in each budget, but is seldom used completely. 00 Mayor Murdock ordered the matter held on the agenda for further dis- O cussion in preparation of the budget.. PLANNING COMMISSION VACANCY 299 m m Mayor Murdock reported that'a notice of the vacancy on the Planning Q Commission wasplaced in the Newsletter and six residents have sent in resumes for consideration. She asked that copies be sent to the Council - and that the appointment date of current members of the Commission be reviewed, so that intt.-:-views can be scheduled in the near future... TRAFFIC COMMISSION VACANCY Councilwoman Swanson asked that applications submitted for appoint- ment to the Traffic Commission be sent to the Council so the procedure can be followed for that appointment also. PENALTY FEE FOR "AS BUILT" CONSTRUCTION 347 Mayor Murdock said she had discussed the matter of imposing a penalty for construction done without a permit. She said the County code requires that the permit fees be doubled for such violation., but there is no provision in the City for a penalty. In discussing the matter with the City Attorney Mr. Jenkins said that in some juris"i c - tions as much as four times the usual amount is charged for permits obtained after the work has been done... Mayor Murdock said she asked Mr. Jenkins to explore the matter with the Planning Commission and make a report to the Council. SOUTHERN CALIFORNIA', RAPID TRANSIT DISTRIC^1 416 A copy of a letter dated May 17, 1982 from Councilwoman.Swanson concerning her bid for re-election as Corridor B Representative to the Board .of Directors on June 3 was presented. Councilwoman Swanson said she is currently a member of the RTD City Selection committee and is authorized to vote on behalf of the City. DISASTER EXERCISE 540 The Manager reported that a Disaster Exercise in which Rolling Hills will participate will be conducted on Thursday, May 27. Council- woman Leeuwenburgh is the Council's representative and is working with Mrs. Mary Lou Crocker and members of the Sheriff's Department for the disaster; she said the nature of the disaster will. not be known until it is announced at the opening of the exercise. ADJOURNMENT 562 The meeting was adjourned to a closed session at 11:15 P.T4. The meeting was reconvened at 12:25 A.M. Tuesday, May 25, and Mayor Murdock reported that the Council discussed personnel policies and procedures in connection with hiring a new City Manager. The meeting was adjourned at 12:30 A.M. -10- City Clerk Mavor