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1/10/1983 MINUTES OF A REGULAR r�EETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA January 10, 1983 A� regular meeting of the City Council o� 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. hionday , January 10, 1983 . ROLL CALL PRESENT : Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell ABSENT : Councilman Heinsheimer ALSO PRESENT: Ronald L. Smith City r�anager Michael Jenkins City Attorney June Cunningham Deputy City Clerk Dougl�.s P4cHattie South Bay Engineering Carol .Boyd Rolling Hills Women ' s Club Kewmars Tabatabay Resident APPROVAL OF MI1�'UTES The minutes of a joint meeting of the City Council and the Board of Directors of the Rolling Hills Community Associatinn on November 29, 1982 were approved and accepted as presented on a motion made by Council�voman Swanson, seconded by Councilwoman Murdock and carried by the following roll call vote : AYES : Councilwomen Leeuwenburgh, Murdock, Swanson . r�Iayor Pernell NOES : None ABSENT : Councilman Heinsheimer The minutes of a special meeting of the City Council held :on � ' December 8, 1982 were approved and accepted as presented on a motion made by Cou�icilwoman Swanson, seconded by Cauncilwoman Leeuwenburgh and carried by the following roll call vote: AYES : Councilwomen Lee�zcvenburgh, P�Iurdock, S�vanson b4ayor Pernell NOES : None ABSENT: Councilman Heinsheimer Councilwoman Murdock noted that on page 15 of the minutes of the City Council meeting on December 13, 1982 the wording in Paragraph b of the conditions of approval differs from the wording contained in the resolution of approval , and she suggested that the minutes be amended to reflect the condition as contained in the resolution . A motion to accept and approve the minutes of the meeting of December 13, 1982 as amended was made by Council�Toman Swanson, seconded by Council- woman Murdock and carried "by the following roll call vote: AYES : Councilwomen Leeuwenburgh, Murdock, S�vanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer , . . , .��� ��;;w�n �.�; �;;� ���. . _ �} . , January 10, 1983 PAYi�iENT OF BILLS 60 Councilwoman Murdock moved that Demands No . 10874 through 10916 , with the exception of Demand No. 10910 which is void, be approved for payrr�ent in the amount of �50, 295. 95 from the General Fund: The motion �vas seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote : AYES : Councilwomen Leeuwenburgh, Murdock, Swanson Mayor Pernell , NOES: None ABSENT : Councilman Heinsheimer COi�tdITTEE REPORT RE : SEWER STUDY 95 Councilwoman Swanson, Chairman of a Committee to study feasibility of a sewer system, reported that she asked t.hat a :lettex be sent to the County Engineer asking him to .state whether, in his opinion, installa= tion of a gravity sewer system would inc:.rease the stability in the Flying Triangle area, both in the activel and inactive slide areas, and whether installation of such a .system below grade would adversely affect either the active or inactive slide; also whether properties within the Flying Triangle area should be the boundary for such an � installation, .or whether some surrounding properties should be included: On November 17, 1982 a reply was received �rom Arthur Keene, Super- vising Engineering Geologist for Los Angeles County, dealing with the specific issues, and Councilwoman Swanson asked that n4r. .Keene' s reply be made part of the record. n4r. .Keene stated that installation of a sewer system would be beneficial in achieving some stability in the area. On November 6, 1982 Dr. Perry Ehlig; eonsulting geologist i:o the City, wro�te a letter addressing the matter, and Chairman Swanson. asked that his letter also be made part of the, file. Based on the recommendations made by hir. Keene and Dr. Ehlig, financing was pur- sued, and idr. Courtright , City Treasurer, was asked to. research the methods of financing. Mr.. Courtright advised that the City hire a reputable firm which has had experience in establishing financing for a district similar to the one being cor�sidered, and he sugg�sted . that bir. John Fitzgerald of Pderrill , Lynch be contacted; since he has had considerable experience with similar district funding, and is a resident of the Palos Verdes Peninsula, therefore, would be readily available. Mr. Fitzgerald met with the Committee, and lie has been asked to attend the next City Council .meeting to address the Council and answer questions. The City hianager said the proposal submitted by Merrill Lynch has been forwarded to the City Attorney for review, and Councilwoman Swanson asked that , if necessary, the City Attorney be asked to draw up a document to protect the City and its .residents. Mayor Pernell thanked Co.uncilwoman Swanson for her report as Chairman of the com- mittee, and said the next agenda would include an appearance by �r . Fitzgerald of PQerrill Lynch. ORDINANCE NO. 196, TQEMBERSHIP OF THE TRAFFIC COIufMISSION 280 Councilwoman Swanson moved that Ordinance No . 196 , entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS RELATING TO THE SELECTION AND MEMBERSHIP OF THE TRAFFIC COMI!4ISS.ION AND PLACING A MEMBER OF THE BOARD OF UIRECTORS OF THE ROLLING. HILLS COh1h4UNITY ASSOCIATION ON SAID COMAIISSION, which was introduced at the last meeting, be adopted, and that reading in full be waived. Councilwoman Murdock seconded the motion, In discussing the ordi- nance, Councilwoman Swanson suggested that certain changes be made , including specifying the term or office, in addition to other minor changes in wording. . Following the discussion, Councilwoman Swanson moved that the ordinance be introduced as amended, for adoption at the next meeting. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote : � . -2- . . �:��r� _ , - - " January 10, 1983 AYES : Council�vomen Leeu�venburgh, h4urdocl�, Swanson Mayor Pernell NUES : None ABSENT : Councilman Heinsheimer RESOLUTION APPROVINC TENTATIVE TRACT N0. 33871 440 The City b4anager presented a Resolution approving tentative Tr•act No . 33871 with conditions and usage of the northerly road«ay in conjunction with southerly access, for creation of eight lots westerly of Johns Canyon Road, northerly of Chestnut Lane, owned by Chacksfield �Ierit Homes . Mr. Smith said Councilman Heinsheimer, who is not present at the meeting, Called him ancl relayed some concerns he has about Condition No . 26 of Exhibit B, the Stipulations and Conditions for Tentative Tract No. 33871 , pertinent to Resolution No • 504 approving the tract . Councilman Heinsheimer said he is concerned about the provision that improvement of the northerly road- way easement is to be completed or b,onded for prior to final record- atiun of Tract 33871 , since the City has had some problems with bonds, and he requested that the words "or bonded for" be deleted from the said Paragraph 26, so that completion prior to final recordation will guarantee the off-site improvement . It was the consensus of the � ' members of the Council present that the deletion should be made as- recommended by Councilman Heinsheimer. In discussing the conditions additional changes were made as follows: Paragraph 26 - Northerly roadway easement obtained via approval of Tract No.. 30605 is to be opened, cleared and fenced �o a maximum width of fiftEen (15 ' ) feet , and used as a private community roadway which is to include a bridle trail and availabil- ity for potential vehicular and emergency access. The roadway may� meander throughout the existing sixty (60 ' ) foot easement and shall be constructed in a manner as to mini�mize :the destruction of trees . This is to be dane by the developer at no expense to the City of Rolling Hills. The improvements are to be completed prior to final - recordation of Tract 33871 . Paragraph 17 - Councilwoman r2urdock suggested that to Paragraph 17 : Subdivider shall pay his proportion- ate share of the cost of improving Johns Canyon Road from the inter- section of the proposed access road southerly to Crest Road, should be added "such share to be determined by the City rdanager of the City of Rolling Hills after consultation with the City Council" . Members of the Council agreed with the recommendation and the addition was made. Mr. Douglas McHattie of South Bay Engineering Corporation advised the Council that to comply with �aragraph 21 - Modify the gradient of the roadway at Johns Canyon Road to provide a fifty (50 ' ) ioot landing, with gradient of no more than two (2%) percent, which is an EIR mitigation, would require an extraordinary amount of fill , and he asked that the condition be changed to read "to the satisfac- tion of . the Road Department" , or to four (40) percent for thirty (30' ) feet , which would require less fill . Mayor Pernell said the EIR was discussed at the last meeting with experts present , and he asked the City �ianager to comment . l�sr . Smith said the EIR has been certified, and he said that if the requirement would result in a. bank along the Speranza property, something should be done to mini- mize it . The City Attorney said he would be concerned about changing a r:iitigation measure which w�as recommended in the EIR which was part of the anproval , and which has been certified, since the hearing process has been completed. D4r. Jenkins said that if it develops that mitigation presents a problem, a request should be made for rnodification of the conditon. Mayor Pernell concurred. With regard to Paragraph 25, 114r . McHattie said it was his understanding that the intent �vas to have the themed white rail fencing along a portion of the perimeter bridle trail , and not on all the interior trails; he said the subject paragraph refers to all sicles of the private bridle trails in the subdivision. The Council members agreed that such was not the intent of the condition, and the first sentence of Paragraph 25 was changed to read: "A themed white rail fencing plan along all sides of the private bridle trails along specified portions of the �erimeter of the subdivision is to be prepared by the applicant---" . -3- . � :� ,._,��`':�,. , � - _ . . January 10, 1983 RESOLUTION NO. 504 792 � Councilwoman Swanson moved that Resolution No . 504 , entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING TENTATIVE TRACT T,1AP N0. 33871 , including Exhibit "A" , the Legal Description for Tentative Tract No . 33871 , and Exhibit "B" , Stipulations and �onditions Tentative Tract 33871 , as amended in Paragraphs 17, 25 and 26, be adopted, and that reading in full be waived. The motion was seconded by Councilwoman r4urdock and carried by the following roll call vote : AYES : Councilwomen Leeuwenburgh, r.�urdock, Swanson Mayor Pernell NOES : None ABSENT: None CONSIDERATION OF REVOCATION OF ALL PERMITS, � 'CREST ROAD WEST 810 In a staff report the City Manager advised the Council that a building permit was issued on November 13 , 1978 for an addition to � an exi��ting residence located at 5 Crest Road West . Subsequent to that date the str�cture was modified, and currently a framed unfinished house stands on the property. In the past 180 days no progress has been made, the company owning.the proper�y has filed for bankruptcy., and the Los Angeles County Building Official has declared the building unsafe. Mr. Smith said the District Attorney has taken judicial steps involving the legal aspects of the unsafe building, and it was the Manager 's recommendation that the Building Permit No . . 2002, issued on November 13, 1978 and all ancillary permits issued for work to be done at 5 Crest Road be declared expir.ed, an'd that the Bui].ding and Safety Division of .the Los Angeles County Engineer be advised that the permits on the property are no longer valid, and unsafe con.ditions continue to exist , since on November. 5,: 1982 �he Superintendent o� - Building issued notices of unsafe conditions, and noted that " . . . conditions have been in existence at the site too long to be excus�e;d as construction practice. " Mr. Kewmars Tabatabay, owner of the property, .ad.dressed the Council arid stated that he has been unable to proceed with the con- struation, since the Ro�ling Hills Community Association has taken away his permits and will not permit delivery of materials to the property. Further, rvir. Tabatabay said the size of the project and the economic conditions combined to make it impossible for him to complete the project within the usual time frame permitted . Mayor Pernell asked the City Attorney whether actions to� remedy the unsafe conditions would be in violation of a stay in connection . with bankruptcy proceedings . Mr. Jenkins said actions taken by the Council as a police pow�r with regard to safety would not be in con- flict with the proceedings, since actions taken to preserve the public health, safety and welfare are specifically excluded from the stay of the bankruptcy action. The Manager advised the Council that the � matter was on the agenda pursuant to Section 302(d) of. the Building Code, since there was no effort within a 180 day period, and because� . of letters from the Building Official regarding the unsafe conditions . Councilwoman Swanson moved that the City Council expire all ac.tive permits issued for 5 Crest Road t'Vest , pursuant to Section 302(d) of the Los Angeles Building Code, adopted by reference by the City of �.olling Hills. The motion was seconded by Coune3lwoman :Murdock and carried by the following roll call vote : � _ . . = AYES : Councilwomen Leeuwenburgh, Murdock, Swanson Mayor Pernell � NOES : None - ABSENT : Councilman Heinsheimer -4- . . . .tF.;�•�, .., . - � January 10, 1983 Councilwoman Leeuwenburgh moved that the City Manager be author- iz�d to notify the appropriate County Building officials that Build- ing Permit No . 2002, issued November 13, 1978 ana all ancillary perm�.ts issued for work at 5 Crest Road �Uest have been expired by the City Council , and are no longer valid. The motion was seconded by Council- wom«n Murdock and carried by the following roll call vote : AYES : Councilwomen Leeu�venburgh, Murdock, Swanson Mayor Pernell NO�S : None ABSENT: Councilman Heinsheimer Councilwoman S���anson said she thought a time limit for compliance should be specified with regard to demolition of the structure. The City Attorney said a time limit could be made part of the findings of the Council in the matter. PLANNING COI�4P4TSSION ACTION 1050 The Manager reported that on December 21 , 1982 the Planning Com- mission held a public hearing regarding a request to re-number certain specific odd-numbered residences on Pine Tree Lane, subsequent to a change of numbers for all residences on that road which �vas enacted in September 1982 . Mr . Smith said the hearing was in response to a request by Dr. Reinhold Ullrich and Dr. Robert Smith, who appeared before the Council and Planning Commission, and submitted letters advising that since all subdivision and new construction was done on the even-numbered side of the road, and no subdivision or construction was contemplated on the odd-numbered side of the road, there is no need to change three of the numbers which were changed, and that if the original. nurnbering system was restored for those three residences a sequential numbering system �vould still exist . A letter from Tom . and MarS� Frances Bailey, dated January 5, 1983f was distributed to the Council . h�r . and It4rs. Bailey, new residents in the community, advisecl tha.t they had followed the Council 's instructions with regard to sending notifications of their new add.ress, and they asked that since �the matter is now bein� reconsidered, a harmonious solution be reached as quickly as possib��;. A resolution enacting the recommendation of the Planning Com- mission was presented to the Council . RESOLUTION N0. 505 1060 Councilwoman Swanson moved that Resolution No. 505 entitled A RESULUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR RE-NUhiBERING SPECIFIC ODD NUMBERED HOUSES ON PINE TREE LANE, including Exhibit "A" , specifying the three residences to be changed, be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Murdock and carried b5T the following roll call vote : AYES : Councilwomen Murdoc�t, Swanson, Mayor Pernell NOES : Councilwoman Leeuwenburgh ABSENT : Councilman Heinsheimer EVALUATION OF PLANNING COhiMISSION APPOINTMENTS AND RESUM�S The Manager distributed resum�s submitted to the Council in connection with a vacancy on �;he Planning Commission. Mayor Pernell said the Commission rnembers areiserving on an interim basis, having � been appointed �.t the December 13 City Council meeting to serve until February l , 1983, since the terms of offi,ce of the� currAnt members of the Commission expired on December 31 , 1982 according to ordinance. -5- January 10, 1983 Following review of applications for appointment , the Council agreed to consider three residents for appointment to the Planning Commission. Mayor Pernell said the Council could coiisider filling one e�isting vacancy on the Commission, and could re-appoint any or all of the current members; in the event that all members of the Commission are not re-appointed, a new appointment could then be made. Councilwoman Swanson said .it is her opinion that a resident who is in an adversary position with the City which could lead to litigation should not be appointed to a Commission. Councilwoman Swanson said such a situation now exists, and since there are other residents who� are interested in serving, it was her recommendation that the matter be remedied by appointing a new member to replace . the Planning Com- missioner who is currently involved in liti�ation �vith the City.. The Mayor asked the City Attorney to advise the Council with regard to any violation or confl.ict resulting from the current situation. n4r. Jenkins said there is . no conflict as long `as the member does not act upon, any matter which would create a conflict situation , namely, a financial conflict or the appearance of a bias so great as to result in impropriety. He said membership on a Board or Commission does not preclude a person from a claim or ac�;ion .in: the e.dent that they have a legiti- mate right to such a claim as long as it does not interfere Wltil their duties or result in incompatibility in fulfilling those duties. 1�ir. Jenkins said the members of all Commissions and Committees sit at the pleasure of the City Council , and may be appointed or removed on a - vote of three members of the Council, without any explanation � needed . for. the action. Councilwoman Leeuwenburgh said appointees should not be in violation of any ordinances of the City or regulations of the Community Association. Councilwoman Murdock said the member af the Planning Commission who i.s in an adversary position with the CitS� has demonstrated that it is possible to separate his interests, �and he has served the City .with integrity for several years . Councilwoman � Swanson said that although experience is valuable, it is not imperative that. a member be retained for that reason. She suggested that action be taken regdrding the current membership of the Planning Commissions and that three of the candidates for appointment be intervi.ewed in an open meeting. Councilwoman Murdock suggested that the candidates be given an opportunity to meet with members of the City Council and the Planning Commission. � Niayor Pernell said he wished to invite the three candidates to a joint meeting of the City Council and Planning Commiss;_:�n scheduled � for Tuesday, January 11 , 1983,. and he asked that an invitation to sit in at the meeting be issued to Mrs . Evelyn Hankins, Dr. David Basque and Mr. Roger Frost , whom the Council agx�c=�ed they wished to � consider for appointment to the Planning Commiss:%on. The Mayor asked that appointment to the Planning Commission be scheduled' as an agenda item for the next City Council meeting. . b4ATTER5 FROPd THE COUNGIL EASTFIELD GATE AREA IMPROVEMENT Councilwoman Leeuwenburgh reported that improvements in Rancho Palos Verdes near the Eastfield Gate are in progress; the bank is being cut and a palm tree is being removed to improve sight distance. YOUTH ON PARADE Councilwoman Leeuwenburgh reported that three members of the City Council participated in the Youth on Parade festivities in Peninsula Center on Saturday, January 8, 1983, and she asked that a letter be written by Mayor Pernell to Mr. and Mrs . Byron Elliott of Buggywhip Drive, thanking them for the use of their Buick convertible, and the services of their son who drove. . JOINT INSURANCE COVERAGE 1422 Councilwoman Murdock reported that the Board of Directors has agreed to pa.rticipate with the City in joint insurance coverage . biayor Pernell thanked Councilwoman Murdock for her effort in bring- . this about . � -6- , ..:. ., ... „ . . . . - . . . ,, _. January 10, 1983 SOUTH BAY JUVENILE UIVERSIpN PROJECT 1426 Councilwoman Swanson reported that �the South Bay Jueenile Diversion P-roject is in the process of hiring a new project director, and as a member of the Policy Board she has participated in interview- ing one of the two finalists for the position. Incorporation papers have been drawn up for formation of a Friends of the Juvenile Diversion Group �or .the purpose of raising funds �or the project , which would have a ta� exempt status, and Couricilwoman Swanson said the legal work for the incorporation has been donated by an attorney �aho has a wish to help the project . She said individuals or community organiz- ations can derive tax benefits from donations to the South Bay Juven- iie Diversion Project through the Friends Group; the project currently . has a $15, 000 short-fall in revenues as a result of great .reduction of certain funding which has been curtailed or eliminated, and this has resulted in a reduction of staff and services. ANT�NVA TOWER 1444 � Mayor Penell reported that e�forts at .mediation are continuing between parties regarding the antenna tower, another meeting has been scheduled for. January 17, 1983, and the matter ��ill be returned to the Council agenda in February. SOUTHER�T C�LIFORNIA EDISON COMPANY Mayor Pernell said a letter was sent to Southern California Edison Company regarding lack of. response and shortcomings �.in com- � munications during the severe storm in November . A reply has been received, and will be distributed to members of the City Council and the Board of Directors. CHRISTMAS THEME DECORATIONS IN CITY Mayor Pernell reported that he received a letter from Rabbi David Lieb, Temple Be-th-El in San Pedro , stating that it has been called to his attention that very reli.g;i_ous Christmas decorations were placed at the gates to the City of Rolling Hills, and advising that many members of the Jewish community find such overtly religious displays to be a serious problem and to be a considerable violation of the principle of separation of church and state. In a letter dated January 3, 1983 the Mayor advised Rab}ai Lieb that the decorations are a function of the Rolling Hills Community Association, and not the City of Rolling Hills . The Mayor said the matter was also referred to the Community Association. Following a discussion of the matter the City Manager was requested t� research the matte� of holiday themes as developed by other cities; and report to the Council on the matter of decorations . Mrs . Carol Boyd, representative of the Rolling Hills Women 's Club, suggested that since the decorations are a function of the Community Association, . future placement be done at the gate houses , and not on City Hall property. CHECK IN AT GATES The Mayor said he has been advised that Security Guards no longer check residents ' cars entering the City late at night , and he applauded the decision. � LETTER FROM THE CITY ATTORNEY 1581 The City Attorney reported that .he had sent a letter to the hiayor and Council members regarding recovery of costs in the tiYeber litigation. liayor Pernell said the letter had been received, and he thanked Mr. Jenkins . � -7- • � ;�,�_ ._ . . � January 10, 1983 PROPOSAL - jYORD PROCESSO�, COidnUTER SERVICES 1585 The �anager reported that an analysis is being made, at no cost to the City, of the work flow of staff and possible application of computerization and a word processor . Mr . Smith said a proposal .for a �vord processor and a recommendation will be presented to the Council , and he has an appointment with the Department of Animal Control on Thursday, January 13, 1983. regarding licensing of dogs using the County ' s computer system, and will report on the results of that meeting. CODE VIOLATION FORI14 16I8 Mr . Smith said he had. provided members of the Council with a new form which has been developed regarding code violations. The �.4anager said the form is mailed to a resident after a complaint has been re- ceived and has been -verified through investigation, The form is gen- erally used in connection with matters such as fire hazard, illegal . storage of recreation vehicles,: and similar matters, and �4r. Smith _ said that if there is 'no correction of the violation after receipt of the letter and personal follow up, the matter is then referred to the District Attorney for enforcement . INSURANCE COMPLAINT FORbi: FILED � The City Manager reported that a complaint has been filed with the Insurance Corrimissibn of the State of California regarding non- payment of the bond issued to. the City of .Rolling Hills by Fremont Indemnity Company for road improvements as a condition °of subdivision of Tract No . 32256, Roger Meurer. JOINT MEETING WITH PLANNING COI�MI.SSION 1635 The City Manager advised that the agenda for- the joint meel�ing of the City Council and Planning Commission had been distributed, and. he suggested that application of ordinances with regard to decisions by the Planning Commission be discussed, as well as operating proced- . � � ures from a staffing standpoint . CITY MANAGER � Mayor Pernell noted that the City �14anager has completed six months with the City, and he said terms of the r4anager ' s employment would continue as agreed. ADJOURNMENT The Mayor said the next regular meeting of the Council will be on Monday, January 24, 1983. The meeting was adjourned at 9 : 50 P. M. to a joint meeting with the Planning Commission at 7 : 30 P.I!1. Tuesday, January 11 , 1983. � 9: � � City Clerk APPROVED: ayor -8- . . . '>���r .. ..� .:` . . - . ` . _ .