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
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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
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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.
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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
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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.
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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:
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City Clerk.