Loading...
8/9/1982236 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 9, 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 Pernell at 7:30 P.M. Monday, August 9, 1982. ROLL CALL PRESENT: Councilmembers"Leeuwenburgh, Murdock, Mayor Pernell. Councilwoman Swanson arrived at 7:35 P.M. Councilman Heinsheimer arrived at 7:40 P.M. ABSENT: ALSO PRESENT: APPROVAL OF MINUTES None Ron Smith Michael Jenkins June Cunningham Fred Gregory Morley Mendelson Deborah Feldman Rob Phillips Robert Mohr Margaret Martinez Randy Woods Mr. & Mrs. J. Brogdon L. S. Brody Mr. & Mrs. R.. Ferris Mr. & Mrs. R. Frost Mrs. P. Hathaway Mr. & Mrs. R. Heckman Mrs. C. Kaufman Mr. & Mrs. Wm. King Mrs. C. MacNaughton Miss J. Murdock G. Pernell S. Salmon L. D. Courtright 480 City Manager City Attorney. Deputy City Clerk Attorney Attorney Attorney Attorney Advanced Electronics Court Reporter Palos Verdes News Residents City Treasurer The minutes -of the meeting of July 26, 1982 were approved and accepted as presented on a motion made by Councilwoman'Murdock.,. seconded by Councilwoman.Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Mayor Pernell NOES: None ABSENT: Councilmembers Heinsheimer, Swanson PAYMENT OF BILLS Councilwoman Murdock moved that Demands No. 10594 through 10626, in the amount of $17,299.39 be approved for payment from the General Fund with the exception of Demand No. 10619, which is void, and that Demand No. 1.0600 in the amount of $1,882.18 be approved for payment from the Fire and Flood Self Insurance Fund. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Mayor Pernell NOES: None ABSENT: Councilmembers Heinsheimer, Swanson 1982 BUDGET FEE ENACTMENT 525 The Manager reported that ordinances setting fees by resolution and establishing a park in -lieu fee or land dedication for subdivisions were introduced at the last meeting, and are ready for second reading -�.��, .�vt, .`.["- :h:'T, ..h ..Ti L4-„`y.,.�a:.. :t�' :J'.'Y ,.is._ .P` �t'.>:.•^ -t. ^i4 .:19v3.,s;^ -rSo-' �'F'F�' ;'�:::��`'.. y.j,i �-r.'�}; w., �..E� �•1 :Y:: :rki ��i�i: f•:�e '1' „. ,..C:�, ., ��_ 237 August 9, 1982 and adoption. ORDINANCE NO. 192 ''Councilwoman Swanson moved that Ordinance No. 192 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS SETTING BUILDING PERMIT AND OTHER FEES BY RESOLUTION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE ACCORDINGLY be adopted and that reading in full be waived. The motion was seconded by Councilwoman Murdock and carried,by the follow- ing roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh,Murdock., Swanson, Mayor Pernell NOES: None ABSENT: None ORDINANCE NO. 193 0 Councilwoman Swanson moved that Ordinance No. 193 entitled 0 AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING TO THE ESTABLISH MENT OF A PARK IN -LIEU FEE OR LAND DEDICATION WHEN SUBDIVIDING LAND— m IN THE CITY, AND ADDING TO THE ROLLING HILLS MUNICIPAL CODE ACCORDINGLY Co be adopted, and that reading in full be waived. The motion was secon- ded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor.Pernell NOES: None ABSENT:' None PROPOSED RESOLUTIONS ESTABLISHING FEES The City Manage r. presented proposed resolutions for establishing- fees-for stablishingfees for filing tentative and final maps; for variaiices� zone changes, conditional use permits and appeals; for dog registration and other related.charges and.fees collectible at the.time of issuance of build- ing, plumbing, mechanical and electrical permits. -Mr. Smith presented a letter written by the City Attorney .on Jul'y..28,..1982 outlining:recent legislation which became effective January l; _1982 and explains the need to indicate the. accounting methods used for arriving at fees and distributing costs, and requiring that public meetings be held on the matter. Mr. L. D. Courtright,.City Treasurer.,said he had some reservation about the wording. of the resolutions with regard to recovering all costs,. ,.and he ,distr.ibut.ed , a .,comput at ion of appropriations.., subject t.o the Gann' -"Appropriation limit which he prepared for fiscal year 1982/83. Mayor Pernell ordered -the resolutions.retur.ried to staff for additional research with regard to consistency with state regulations,, and.he asked that the City Manager, City Attorney and City Treasurer work together in the matter. LEASE AGREEMENT 814 Councilwoman Murdock reported that the lease between the City. • and the Association was discussed at the last meeting of the Board of Directors of the Rolling Hills Community Association, was accepted, and is ready for final signature. In.discussion of the lease the City Attorney suggested that on page 2, paragraph 4.. Rent.. be amended by adding the.words.: "--- not in excess of the Consumer Price Index.for the preceding 12 calendar months.” Councilwoman Swanson said she thought the date for the City. to notify the Association of any change in rent payable should be changed from the.first day of December prior to the end of the lease - to a latter date in April— Councilwoman.Murdock said that was dis- cussed at the joint meeting of the Board and Council and.it was deter- mined that since either party may terminate the lease by giving -2- - x;a ..i.. 238 August 9, 1982 written notice on or before the first day of January prior to the end of the then -existing term, rent,.should be established in December. Councilwoman'.Swanson asked whether a provision for arbitration was necessary in the lease. The City Attorney explained that provision for arbitration is included to avoid the legal costs of going to court to resolve any problems. Also,..he noted that either party to the lease can cancel in January of any year. Councilman Heins heimer suggested that there be a provision included in paragraph 5., Maintenance stating that the City shall "approve, implement and bear the costs of any and all capital improvements" to preclude the chance that someone other than the City could make some capital improvement and bill the City. Following the discussion Councilwoman Swanson moved that the lease be approved. The motion was seconded by Councilwoman Leeuwen- burgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,.. Swanson, Mayor Pernell NOES: None ABSENT: None Mayor Pernell thanked Councilwoman Murdock for her part in repre- senting the Council in discussions of the lease with representatives of the Board.. PROPOSED ORDINANCES RELATIVE TO FIRE RETARDANT ROOFING REQUIREMENTS 970 The City Manager reported that pursuant to discussions at the Council meeting on July 26,.1982, ordinances amending the Building Code relative.to fire retardant roofing and re -roofing square footage requirements were prepared in urgency form and standard form. Mr... Smith explained that the urgency ordinance would require a 4/5 vote of the Council, and if adopted would become effective immediately..'. He said the standard ordinance should also be enacted, since it would include other amendments to the Building and Plumbing Codes. URGENCY ORDINANCE'NO. U-45 968 Councilwoman Swanson -moved that Urgency Ordinance No. U-45:�titled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE BUILDING CODE RELATIVE TO FIRE RETARDANT ROOFING AND REROOFING SQUARE FOOTAGE RE- QUIREMENTS, AND DECLARING THE URGENCY THEREOF be read into the record and adopted, to become.effective immediately._ The motion was seconded by Councilwoman Murdock and carried by -the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell NOES: None ABSENT: None Mayor Pernell explained that the urgency ordinance amends the current provision for repair of existing roofs up to .25% with mater- ial to match the.existing roof, and'the requirement that all new construction including additions. must have fire retardant roofing. The new ordinance permits 200 square feet of non fire retardant roofing, whether for..repair or addition; all roofing in excess of 200 square feet must be fire retardant. The City Manager presented a proposed ordinance amending the Building Code relative to'fire retardant roofing and reroofing square footage requirements, and in addition incorporated amendments to the Building and Plumbing Codes relative to expiration periods, security hardware and solar potable water heating systems, incorporating re- cent changes -made by the Board of Supervisors. -3- Ott' :}. x1 j.„Ys��.r yu l fJ:4 f. 1ptiv; gC�1K�.4�i5 %Sl C.4rixY�:sli�4YS c rlcr L:rt' is 4': .{'F•y`YI?Y.+. iw>"%-Yi'T.�e�.: .: ti.t - n....-���ilp.;;'B.yYi3�y' t�.::iY ��`.l�ab •--:.9'Rt 965a G•'r'�: y� _ "ami. .., � �t:i . :"a.;.. - "�=:+:,_`--,:k. ':•S?='t<a,�. �:.4.x -•c`'�`-':?- .•^::, •.�+`;-+:: ..�_:`H ,.-"�.iF�r-,�z_: �„��`:Ke=;nti¢= August. • 9 , 1982 PROPOSED ORDINANCE 239 Councilwoman. Swanson moved that a proposed ordinance entitled. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE BUILDING CODE RELATIVE TO FIRE RETARDANT ROOFING AND REROOFING SQUARE FOOTAGE RE- QUIREMENTS AND AMENDMENTS TO THE BUILDING AND PLUMBING CODES RELATIVE TO EXPIRATION PERIODS, SECURITY HARDWARE AND SOLAR POTABLE WATER HEATING SYSTEMS be introduced, and that reading in full be waived.. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Heinsheimer,_Leeuwenburgh, Murdock, Swanson; Mayor Perne.11 NOES: None ABSENT: None HEARING ON APPEAL, ZONING CASE NO. 212, ANTENNA.TOWER 1030 .The Mayor reported that the meeting of the City Council is recessed and the Council ;.will:` assume the role.' of Board of•..�Zoningr:)... Appeal to hear an appeal filed in connection with a decision of the Planning Commission regarding Zoning Case No,.212. Mayor Pernell said oral arguments on the appeal will be heard, pro and con, with appropriate rebuttal, and'the matter will then be taken under advisement until some time during the next sixty days when all members of.the Council can be present. The hearing will be on the record, with no new testimony introduced, and members of the Council will have an opportunity to question attorneys for both parties through the Chair,. Mayor Pernell noted that Council- woman Murdock was excused:from the hearing since she participated in the decision of.•.the:Planning Commission as Chairman of.the Com- mission when the matter was heard, and the Conditional Use Permit was revoked. Councilman Heinsheimer asked that the City Attorney advise the Council regarding the number of. votes required for a decision.. Mr.. Jenkins said a simple majority would carry, the decision, and since three members present constitute a quorum of the Council, t•wo could take action.: :)-The:.Mayor thereafter opened the hearing to the attorneys. Mr. Morley Mendelson, attorney for Robert Mohr and Advanced Elec- tronics, said he would address the Complaint, the Findings of Fact,. and.Resolution No. 17 of the Planning Commission.. Following a pre- sentation by Mr. Mendelson, limited by the Mayor to fifteen minutes,. Mr. Fred Gregory, attorney for"Mr. and Mrs...William King and other residents who have joined:in the petition, addressed.the Conditional Use Permit,• stating :it was.:.applied .for::by : .and granted .to; , the -,City of'.Rolling Hills.,, not�Advanced Electronies....Following a rebuttal by Mr. Mendelson the Mayor ordered that a`.verbatim.account of.the pro- ceedings be prepared,.to be considered by the Council.along with submittals made.by both attorneys,. The City Attorney asked that the record show that all of the records of the Planning Commission per- taining to Zoning Case No.. 212 have been provided for members of the City Council, including all minutes, all correspondence, all legal arguments made in writing, and any other written documentation which was part of the Planning Commission record.. Mayor Pernell said a decision would be rendered at a hearing sometime within the next sixty days when all members of the Council. who are eligible _to participate in the decision will be present.. The hearing was recessed at 8:45 P.M. MEETING RECONVENED The City Council meeting was reconvened at 9:05 P.M. REPORT OF THE TRAFFIC COMMISSION MEETING AND FIELD TRIP 1443 Councilwoman,Leeuwenburgh reported, as Chairman of the Traffic Commission,.that members of the Commission met on Friday, August 6 to consider'matters referred by. the City Council. A field trip was -4- E. •us_-s.4;w,. .y:cd•z l ;3::�': r.' ,Y:2, .;^:2 i!U, w'a.: t is ., 2. �� i"i�� :.:w.•: 'yF '-r ri - 1. NO August '6,, 1982 held, and the Traffic Commission agreed that priority areas for road striping should be perimeter or border striping on Portuguese Bend Road, North and South; Crest'Road, East and West; Eastfield Drive; and that all .stops, stop aheads, horse crossings,.in the City be re- painted, and that new horse crossings should be installed on Lower Blackwater Canyon Road, on Middleridge Road and on Chuckwagon Road; that border striping should be done on Saddleback Road,and drains will be marked in the area of the new horse crossings. The City Manager said the minutes have been prepared in draft form, and they were distributed to the Council.: Councilwoman Leeuwenburgh said the new member who -was recently appointed to the Traffic Commission is out of town and was not at the meeting; she said she would also like to complete the appoint- ment of one more member of the Community to the Commission,at the:,.`_'_ next Council meeting.. Councilwoman Swanson said she will not be at the meeting on August 23., and she asked that the appointment be deferred until the first meeting in September. Councilwoman Leeu- wenburgh agreed. CONSIDERATION OF CONSOLIDATION OF ELECTION 1457 Councilwoman Swanson said the City has the option of consoli- dating the Municipal Election with School Board and Library Board elections and she suggested that the City Manager -be asked to look into placing the matter on the -ballot for the next election, since the cities of Rancho Palos Verdes and Rolling Hills Estates will consolidate their next elections. Councilman Heinsheimer said that in view -of the response in.neighboring cities to a'•ballot measure,. a.public hearing should.be held in Rolling Hills., and if it is sup- ported by the residents,the necessary steps should be taken by the Council to consolidate future elections. Mayor Pernell asked the City Manager to advise the Council of the cost savings that would result from such consolidation, and to report at the first meeting in September.. COUNCILWOMAN MURDOCK'WAS EXCUSED FROM THE MEETING AT 9:10 P:M. TRIMMING AND LANDSCAPING OF CITY GROUNDS '1508 Mayor Pernell noted that the grounds around the City Hall have been improved by trimming and pruning overgrown shrubs,. and -work is continuing on the grounds around -the tennis court.. The City Manager said the work is being done by a private contractor with,the.�guidance . of the Landscape Committee. CALIFORNIA CONTRACT CITIES BAR -B -Q 1536 The City Manager said the annual California Contract Cities Bar - B -Q, hosted by the Los Angeles County Sheriff's Department will be held on Wednesday, August 18, 1982.. CHACKSFIELD-MERIT HOMES, TRACT 33871 Mr. Smith said the publi.c hearing on Tract 338711 Chacksfield- Merit Homes, as•order.ed by.the courts, has been scheduled for the next Council meeting on August 23, 1982., and staff findings will be prepared if the Council so.,wishes. Members of the Council agreed that a staff report would be helpful, but should not include a re- I commendation for action to be taken.. DISTRICT ATTORNEY CONFERENCE RE: DONGUY JIN 1573 The City Manager reported that a conference was held with the District Attorney regarding the work done on the Jin property on Appaloosa Lane without a grading permit, and at the conclusion of the meeting an application for a permit was.filed with the County Engineer and portions of the cut will be restored. TABATABAY PROPERTY, 5 CREST ROAD QUEST 1580 Mr. Smith said inquiries are being made about the status of the building permit for the Tabatabay property since bankruptcy has been filed on the property. :.c,r..,... .. y.., ... •.t. •:_r,`!. Ac.. ::.-.a.....:i :,.. C;_ ..,^i��t�V::•. iA' kr.. S:�� ;'�' -;D` i'•a.:':F,.".t,'.a� :'u..r •S.. - iiJr, t L'i ....... .. .. _. ='•.F 241 August; 6- 1982 LANDSCAPING BY BENNETT.ENTERPRISES 1580 The Manager reported that the bids for clean up and landscaping of City grounds were reviewed by.the Landscape Committee, and they recommended that Sean Bennett, a resident of the City, receive the contract for grounds maintenance. APPOINTMENTS BY CITY COUNCIL 1578 The City Manager said that at the -request of the City Council he had.looked.into the procedure followed by other cities with .regard to appointments to committees and commissions, and :there seems to be a trend to two year appointments made approximately 30 days aft.er a Council election. Mr. Smith said this allows for a change in advisory. boards to coincide with the composition of the Council, with a pro- vision for automatic review every.two years: He said, further,..•a .member of any advisory committee.'or commission can be removed from office by majority vote of the Council.: INTRODUCTION OF GUESTS 1598 00 0 The City Attorney introduced Mr...Rob Phillips, a summer associate with his firm.. Mr. .J�enkins said Mr. Phillips is studying law at Bolt m Law School, University of,California at.Berkeley;.. and'.is interested in municipal law, and is working towards a Masters degree in Urban Planning. Q Mayor Pernell introduced his son, Gary Pernell,. and Billie Condon, who is also an attorney and a graduate of'the University of San Francisco. CLOSED SESSION1614 Mayor Pernell said a closed session will be held on September 13 prior to consideration of the matter of.the appeal of the Planning Commission's decision on'Zoning Case No. 212, the antenna tower.: ADJOURNMENT The.meeting was adjourned at 9:25 P.M. to reconvene on Monday, August 23, 1982 at 7:30 P...M. APPROVED: LJ� r - EM �X. City Clerk.