Loading...
7/11/1983MR MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 11,, 1983 A regular meeting ofthe 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 Murdock at 7:30 P.M. Monday, July 11, 1983. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock ABSENT: Councilmembers Heinsheimer, Swanson ALSO PRESENT: APPROVAL OF MINUTES Ronald L. Smith Michael Jenkins L. D. Courtright June Cunningham Richard Esposito Douglas McHattie Dr. & Mrs. J . .R'. Black J . ' Brogdon Dr. & Mrs. D_. Borden Mr. & Mrs. E. Doak Mrs. E. Hankins Dr. & Mrs. R. Hoffman M. Langer Mrs. E. Pedersen T. Reiter Mr. & Mrs. A. Russell Dr. B. Stauts Mr. & Mrs. N. Zuehlke City Manager City Attorney City Treasurer Deputy City Clerk Palos Verdes Peninsula News South Bay Engineering Corp. Residents Councilman Pernell moved that the minutes of the meeting on June 13, 1983 be approved and accepted as presented. The motion was seconded by Councilwoman Leeuwenburgh. Dr. Richard Hoffman, 73 Portuguese Bend Road, advised the Council that he was present at the meeting, and stated that there was an error and omission that he wished to have corrected. Dr. Hoffman referred the Council to page 4, paragraph 3, line 11, and he said he did not agree with.the minutes starting with the words "Councilman Heinsheimer---" Dr. Hoffman read into the record a verbatim account of a statement by Councilman Heinsheimer, a question by Dr. Hoffman and an opinion by the City Attorney, Michael Jenkins, and he asked that the minutes be corrected to incorporate the quotations read into the record by him. Councilman Pernell asked whether the conversations that take place during the Council meetings should be reported if no actions are taken by the Council as a result of the discussions, stating that it is his understanding that only items and actions are required to be reported in the minutes. Councilwoman Leeuwenburgh said that it is not Council policy to present verbatim minutes, and if members of the Community who attend Council meetings wish to have verbatim minutes they should provide a court reporter. The City Attorney said the minutes of the June 13, 1983 meeting are substantially correct and accurately reflect what took place at the meeting. The motion to approve the minutes as presented was carried on the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell,'Mayor Murdock NOES: None ABSENT: Councilmembers Heinsheimer, Swanson July 11, 1983 The minutes of the meeting on June 27, 1983 were approved and accepted as presented on a motion made by Councilman Pernell and seconded by Councilwoman Leeuwenburgh. The roll call vote on the motion was as follows: AYES: Councilmembers Leeuwenburgh and Pernell NOES: None ABSENT: Councilmembers Heinsheimer and Swanson ABSTAINED: Mayor Murdock (absent from June 27 meeting) PAYMENT OF BILLS 1415/2 Councilwoman Leeuwenburgh moved that Demands No. 11210 through 11232 in the amount of $15,341.86 be approved for payment from the General Fund. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock NOES: None ABSENT: Councilmembers Heinsheimer, Swanson REQUEST FOR AUTHORIZATION FOR PUBLIC BID 1420 The City Manager said the proposed budget for 1983/84 has an allocation for a computer/printer in the range of $10,000 to be shared with the Rolling Hills Community Association, and he asked authorization to request public bid for the equipment, explaining that it would not be a commitment or demand to make the purchase at this time. Mr. Smith said the needs with regard to computer and printer are contained in a memo to the City Council. The City Treasurer said & software program for the City and Association has been completed, and need the hardware to implement them. The Manager said no purchases would be made until the bids are received and approved by the Council. Members of the Council present approved the request. SEWER STUDY COMMITTEE 1450 Mayor Murdock postponed discussion and update on the written agree- ment until after discussion of the proposal to enact a Geological Hazard Abatement District. CONTINUED PUBLIC HEARING, 1983-84 PROPOSED OPERATING BUDGET 1460 Mayor Murdock said the public hearing on the proposed budget is still open, and she invited comment. There being no comment, the Mayor closed the public hearing, and announced that although the proposed budget seems to be acceptable in concept, formal adoption would not take place until after a closed session requested by a member of the Council for discussion of personnel matters. RESOLUTION NO. 513 Councilwoman Leeuwenburgh moved that Resolution No. 513 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS PROVIDING REVENUE SHARING CREDIT FOR FIRE PROTECTION TAXES PAID BY CITY PROPERTY OWNERS be adopted, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock NOES: None ABSENT: Councilmembers Heinsheimer, Swanson -2- July 11, 1983 407 PLANNING COMMISSION ACTION RE: FRONT YARD. VARIANCE, N. ZUEHLKE 1487 The City Manager reported that at a regular meeting on June 21, 1983 the Planning Commission approved a request for variance of front yard setback requirements by Mr. and Mrs. Neil Zuehlke for construc- tion of a corral and stable on their property located at 1 Acacia Lane. The Mayor invited comment on the approval. In the absence of comment by members of the Council, Mayor Murdock said the approval of Zoning Case No. 284 by the Planning Commission was ratified by the City Council. PUBLIC HEARING ON ZONE CODE AMENDMENT ESTABLISHING STANDARDS FOR SATELLITE ANTENNAS AND FREE STANDING SOLAR PANELS AS ACCESSORY USES Mayor Murdock opened a public hearing to consider standards for satellite antennas and free standing solar panels as permitted access sory uses in residential zoning districts. Recommendations by the Plan- ning Commission following a demonstration of a satellite antenna at a meeting of the Commission and study of standards recommended in the Satellite Earth Station Zoning Book and a copy of an ordinance adopted 0 by the City of Torrance were forwarded to the Council, and the Manager Q reviewed with the Council a list of standards compiled by the Commis- sion for inclusion, in a proposed ordinance which would amend the Zoning m Ordinance. The Mayor invited.comment, and Mrs. Gladys Black, 36 Saddleback Q Road, suggested that the Landscape Committee be asked to assist the Planning Commission in determining the best method of hiding or screen- ing the installation from view from surrounding properties. Mayor Murdock explained that the Landscape Committee is a function. of the Rolling Hills Community Association, and it is necessary for an appli- cant to also receiveapproval from the Association and to comply with landscaping requirements imposed by the Association, in addition to the recommendations for screening and color to blend with the -environ- ment developed by the Planning Commission. Dr. Ralph Black suggested that if the approval of both the Planing Commission and City.Council were required there would be more rigid control. The Mayor explained that currently all decisions of the Planning.Commission are reviewed by the City Council, and an application for installation of either a satellite antenna or freestanding solar panel will be reviewed by both the City and Association before the installation can be made. The Mayor thereafter closed the public hearing. Councilman Pernell asked whether there was anything in the -pro- posed ordinance which would not be compatible with requirements of the Community Association., The Manager said there was not. Councilman Pernell asked which of the proposed requirements would be determined by the Planning Commission. The Manager said Condition 1, which re- quires that the installation be hidden or screened in a manner deter- mined by the Planning Commission; Condition 8 regarding coloration to blend with adjacent environment would be implemented by the Building Department. Councilman Pernell asked if the two could be combined so both would be determined by the Planning Commiss.ion. The City At- torney recommended that Condition No. 8 be made part of Condition 1, so all items which would be determined by the Planning Commission would be stated as one condition of approval. Councilman Pernell asked whether the size of the installations would be included in the calculations for . lot coverage; the Manager said all accessory uses are included. In Condition No. 6 Councilman Pernell suggested that "or" be changed to "and/or" with regard to permits required. Councilwoman_ Leeuwenburgh said she had distributed information to members of the Council regarding satellite antennas in smaller sizes than currently available. INTRODUCTION OF PROPOSED ORDINANCE 1627 Councilman Pernell moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING SECTION 17.16.011(E) OF THE ROLLING HILLS MUNICIPAL CODE PERMITTING AS ACCESSORY USES FREE STANDING SOLAR PANELS AND SATELLITE ANTENNAE SUBJECT TO STANDARDS be introduced, and that reading in full be waived. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: -3- AYES: NOES: ABSENT OPEN AGENDA July 11, 1983 Councilmembers Leeuwenburgh None Pernell, Mayor Murdock Councilmembers Heinsheimer, Swanson Mayor Murdock opened discussion of items not on the agenda, and invited comment from residents present. Mr. James Brogdon, 5 Maverick Lane, said he was present to express concern about recent newspaper accounts of problems in Rolling Hills, specifically with regard to litigation. The Mayor said a claim by California Water Service Company for indemnification would be addressed under Item 12 on the agenda. Mr. Brogdon asked about a lawsuit by a resident. and was advised that it was served on the Community Association and not on the City. Dr. Richard Hoffman said he wished to address the matter of the record of meetings, stating that since the minutes of June 13 were approved in spite of his objections, it is his opinion that the only accurate record is the tape of the meeting. Dr. Hoffman said he and members of the Flying Triangle Homeowners' Association are concerned about the recent advice of the City Attorney to the Council that it is not mandatory to retain tapes after minutes have been approved. Dr. Donald Borden, 62 Portuguese Bend Road, .asked that the policy regard- ing retention of tapes be explained. The Mayor explained that tapes of a meeting are not a requirement, and she asked the City Attorney to elaborate. Mr. Jenkins said use of tapes and retention of them is entirely within the discretion of the City, and the purpose of tapes is to assist the Clerk in preparation of the minutes. Further, he said minutes need not be verbatim and need not even reflect the contents of discussions before.the Council. The law requires that minutes of Coun=. cil meetings reflect Council actions, since actions by the Council and the findings on which the actions are based, when such findings are required by law, are the only items of significance. PUBLIC HEARING RE: REQUEST TO FILE NOTICE OF VIOLATION, 38 CREST ROAD EAST The Mayor opened a public hearing on a request by staff to file a Notice of Violation pursuant to the State Subdivision Map Act in regard to property located at 38 Crest Road East. The Manager explained that when the property was.subdivided.the owner failed'to comply with require- ments of the Rolling Hills Municipal Code with regard to undergrounding of utilities and installing required fences. Mr. Smith said Southern California Edison Company has billed the property owner for the cost of their work done in connection with the undergrounding project, and plans will be completed by the telephone company only after fees are paid. He said bonds have been posted but there has been no effort to complete the undergrounding in spite of letters to the owner requesting compliance, and required fencing cannot be•installed until after the undergrounding is completed. The Manager said that prior to the meeting he was handed• photocopies of a cashier's check to the order of Southern California Edison Company for the amount invoiced; also to a construction company for work not specified, and he suggested that the matter be continued to the next Council meeting to see whether the work is done within that time period. Mr. Douglas McHattie, engineer for Emmanuel David, owner of the property at 38 Crest Road East advised that he had given the City Manager photocopies of cashier s. checks in amounts sufficient to pay Southern California Edison for materials; to pay a contractor for the necessary trenching and to pay General Telephone Company to proceed with a plan. Mr. McHattie said the poles are not in anyone's way and removal is not a matter of health and .safety, but the work will be done. The Mayor said there is no assurance that the checks have been delivered to the utility companies. The City Attorney suggested that the Council require documentation from the owner that the checks have actually been delivered and agreements for the work signed, since the property is now in escrow. With the concurrence of members of the Council present the -4- O 0• HM July 11, 1983 Mayor directed the City Manager to contact the owner, and the public hearing was continued'to the next meeting of the City Council. REQUEST FOR RECORDATION OF FINAL PARCEL MAP NO. 14468, DR. BRADEN STAUTS 177 The Manager reported that Dr. Braden Stauts has completed all requirements for division of land at 2 Pine.Tree Lane, and a final map has been prepared which incorporates all conditions imposed. A subdivision agreement has been prepared and Dr. Stauts has requested postponement of installation of undergrounding until the new lot is developed and has offered to bond for the requirement. Mayor Murdock asked whether the question of access has been re- solved. Dr. Stauts said he agreed to conditions imposed by the Plan- ning Commission with regard to access; if the developer of the lot wishes to deviate from the approved access that must be appealed by the purchaser of the property. Councilman Pernell asked whether the necessary deposits have been made for improvements. The �ity'Manager said Dr. Stauts has paid the Community Association*$10,000 for road improvements, and has signed a subdivision agreement, requesting that he be permitted to bond for the cost of undergrounding, which is es- tiinated to be $35,000, with a provision for an inflationary annual increase. Councilman Pernell said that in view of Council policy that bonds not be accepted forimprovements costing less than $50,.000 it was his opinion that the policy should not be waived,.since the policy was adopted because of problems in the past. Mr. McHattie advised the Council that Dr. Stauts has gone as far as he can, and is unable to proceed with installation of underground facilities until a plan is developed by Southern California Edison. Dr. Stauts said the division of land has been extremely costly, and he said he has shown good faith in paying necessary charges. In addition, he said, he has paid $700 for a bond and he asked that he not be required to pay the additional $35,000 until after the.property has been sold, explaining that he has a buyer with an approved loan. Since all approvals have been given by the Community Association, the County, Caballeros and the Planning Commission, Dr. Stauts asked that the Council accept the bond and subdivision agreement and approve the final map. �In the absence of a motion to approve the final Imap,'the Mayor proceeded to other business before the City Council. CONSIDERATION OF ESTABLISHING A GEOLOGICAL HAZARD ABATEMENT DISTRICT 1968 The City Manager reported that pursuant to a decision by the City Council to consider formation of a .geo.logical.hazard:abateinent district a resolution has been prepared which would establish the date for a pub- lic hearing in the matter. It was the Manager's recommendation that Section 2 of the proposed resolution be amended by addition of the words: "It has been determined that the public health, safety and welfare re- quire formation of the Flying Triangle Geologic Hazard Abatement Dis- trict". The Manager said August 8, 1983 is the first date at which the Council could hold a hearing following necessary notification of owners of property within the proposed district, and he said the proposed dis- trict is shown on Exhibit "A", which is attached to Resolution No:.514. In addition, excerpts from the Public Resources Code pertaining to Geologic Hazard Abatement Districts have�b.een distributed to the Council. The Manager said the proposed district encompasses 41 parcels in Rolling Hills, and he defined the area on the large zoning map in the Council chambers. The proposed plan of control is defined in Exhibit "B" which is attached to the proposed Resolution No. 514, he said, and<. -the resolution with Exhibits "A" and "B" attached will be sent to all owners of property within the proposed district. Mayor Murdock:said there may be a quorum problem on August 8, and she suggested that the date for. -.a public hearing be established as August 22, 1983. The Mayor invited comment from residents in attendance. -Mr. Allan Russell, 6 Runningbrand Road, said he had reviewed the material supplied by the City Manager and it appears that all properties in the district do not have to be contiguous, do not have to be located in the same jurisdiction, and it is possible to include a parcel even -5- W July 11, 1983 if only a portion of the property is in jeopardy. Mrs. Evelyn Hankins said it was her understanding that properties on Cinchring Road and Spur Lane would be included. The Manager explained that those proper- ties were included in the proposed sewer assessment district, but not in. the proposed hazard abatement district.-. Dr. Donald Borden asked whether properties from which water drains into the landslide area would be included. The City Attorney said the criteria for including properties in a district require that the properties must be benefit- ted by the improvements which result from formation of a district, and that would not -necessarily apply -to properties such as.those mentioned by Dr. Borden as contributing to the problem. Further, Mr. Jenkins said a district may acquire or construct improvements on public or private lands. Mr. Russell said he had .compiled a list of eleven categories of beneficiaries from such a district; he said formation of a district cannot be accomplished without a plan of control, and it is his opinion that a plan of.control cannot be developed because of constantly changing conditions. Dr. Richard Hoffman said he and his committee -of Flying Triangle -Homeowners view the proposal for a district as a cynical way of placing responsibility for the safety, maintenance and stability of Portuguese Bend Road on 40 families as opposed to assumption of those -responsibilities by the Association and the City.and he predicted that -in -its --present form. -the proposal will be defeat:ed.and will result in greater liability for the City because -of additional lawsuits.. Dr. Hoffman urged that Portuguese Bend Road be.stabilized and restored to a standard, safe, Rolling Hills road with two safe lanes that can.be traversed by cars,,bicycles and trucks, like other roads in the City, and that an.effort.be made to get rid.of.the .lawsuits which threaten the City and Association. Following the discussion Councilman Pernell moved that Resolution No. 514 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS INITIATING PROCEEDINGS FOR THE FORMATION OF THE FLYING TRIANGLE GEOLOGIC HAZARD ABATEMENT DISTRICT, amended by addition of wording to Section 2 as read into the record by the City Manager, and further amended by,changing the date for public hearing from August 8 to August 22, 1983, be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock NOES: None ABSENT: Councilmembers Heinsheimer, Swanson RECESS The meeting was .recessed at 9:35 P.M. by ?.the Mayor and reconvened at 9:45 P.M. PALOS VERDES PENINSULA TRANSPORTATION COMMITTEE 2411 A letter dated June 13, 1983 from Jacki Bacharach, Chairman of the Palos Verdes Peninsula Transportation Committee requesting input from the City Council regarding extension of Dial -A -Ride services beyond August 31, 1983 was presented by the City Manager. Mayor Murdock re- ported that in a discussion with Mrs. Bacharach she was informed that the Transportation Committee will be meeting on July 18 to determine whether they will continue as lead agency for the Dial -A -Ride program, and on July 19 the Rancho Palos Verdes City Council:.will consider a transit program for that City, which, if adopted;:. -will take.effect.on October 1, 1983. Councilman Pernell moved that Rolling Hills continue participa- tion in the Dial -A -Ride program until September 30, 1983. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock NOES: None ABSENT: Councilmembers Heinsheimer, Swanson W I. 411 July 11, 1983 CLAIM BY CALIFORNIA WATER SERVICE COMPANY 2428 Claims by California Water Service Company dated June 17, 1983 ,and June 28, 1983, filed by their attorneys, Dennison, Bennett and. Press, were presented to the Council. The.City Manager recommended that the claims be denied and referred -to the City's insurance car- rier. The City Attorney said he agreed with the recommendation. Councilman Pernell moved that the claims be denied and referred to the City's insurance carrier on advice of.the City Manager and the City Attorney. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock NOES: None ABSENT: Couneilmembers-Heinshe mer,•Swanson SAVE OUR OFFICE COMMITTEE 2450 00 _... 0 Councilman Pernell said -he -received a -.letter from "Save Our Office Committee" relative to proposed closure of the Harbor Area Probation m Office in Torrance in late July or early..August, and urging immediate m action by writing or, contacting Su perv.isor.Deane Dana expressing an. Q objection to the proposal. Councilman Pernell said he does not have sufficient information on the matter, and he asked that staff research the :.proposal and,l.advise the City Council regarding support of retention of the office which serves the Southwest Superior Court and the South Bay Municipal Court in Torrance REPLACEMENT OF TREES AT CITY HALL 2455 The City Manager reported that trees destroyed by a major storm on November 30, 1982 on'the City Hall grounds will be replaced in a few weeks by the landscape contractor.re.tained by the City. RECESS TO CLOSED SESSION 2460 Mayor Murdock recessed the meeting to a closed session at 9:50 P.M. The meeting was reconvened at 11:20 P.M. following a litigation and personnel session. The Manager reported that the 1983/84 budget has been continued to the next regular meeting. ADJOURNMENT The meeting was adjourned at 11:25 P.M. to Monday, July 25, 1983 at 7:30 P.M. APPROVED: 9tayzor 8 -7- 9r • City Clerk