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11/21/1983461 MINUTES OF AN ADJOURNED MEETING CITY COUNCIL, CITY OF ROLLING HILLS November 21, 1983 An adjourned meeting of the City Council of the City of Rolling Hills was called to order by Mayor 11urdock at 7:30 P.M. Monday, November 21, 1983 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. CALL TO ORDER PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock ABSENT: None BOARD OF DIRECTORS PRESENT: Directors Lusk, Shaw, Stringfellow, President Bathgate ABSENT: Director Bray 00 0 ALSO PRESENT: Peggy Minor Association Manager �.� Richard Esposito Palos Verdes Peninsula News Beth King Resident Sandy Ormsby Resident m Q PURPOSE OF MEETING The Mayor stated that the meeting was a joint meeting of the City Council and the Board of Directors of the Rolling Hills Community Associ- ation, held for the purpose of discussing.matters of mutual interest and concern. Topics discussed including proposed landscaping for the.City Hall and tennis court area, interpretation of front yard setback requirements, concerns about security in the community, insurance coverage for the City and Association, and Emergency Preparedness. ADJOURNMENT Mayor Murdock adjourned the joint meeting at 9:00 P.M. to the next regular meeting of the City Council on Monday, November 28, 1983 at 7:30 P.M. City .Clerk APPROVED: V Mayor s MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA November 28, 1983 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 Murdock at 7:30 P.M. Monday, November 28, 1983. ROLL CALL PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock ABSENT: None ALSO PRESENT: Ronald L. Smith City Manager Michael Jenkins City Attorney June Cunningham Deputy City Clerk Morley Mendelson Attorney Richard Esposito Palos Verdes News Mrs. P. Breitenstein Residents Dr. & Mrs. L. Brody Mr. &.,Mrs. J. Brogdon Mrs. M. Harper Mr. & Mrs. R. Heckman Mrs.. C. Kaufman Mrs. B. King Mrs. C. Partridge Mrs. M. Tuffli APPROVAL OF MINUTES 380 Councilwoman Swanson moved that the minutes of a joint meeting of the City Council and the Planning Commission on November 7, 1983, the minutes of_thEi regular meeting of.the City�Council on november 14, 1983 and the minutes of a joint meeting.of the City Council and the Board of Directors of the Rolling Hills Community Association on November 21, 1983 be approved and accepted as presented. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell,- Swanson, ernell,Swanson, Mayor Murdock NOES: None ABSENT: None PAYMENT OF BILLS 395 Councilwoman Swanson moved that Demands No. 11436 through 11453 in the amount of $67,602.60 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 Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: .None ABSENT: None FINANCIAL STATEMENT The City Manager presented the Financial Statement for the City dated October 31, 1983, and n.oted'.that-.it was also the statement for the first quarter of the 1983-84 Fiscal Year, and was prepared on the newly acquired computer. The Financial Statement was approved and accepted as presented on a motion made by Councilwoman Leeuwenburgh,. 463 November 28, 1983 seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: None ABSENT: None ZONING CASE NO. 212, ANTENNA TOWER 500 Mayor Murdock opened discussion of review by the City Council of revocation of a Conditional Use Permit for an antenna tower located near the easterly boundary of Rolling ,Hills at "Cr.est '.Ro.dd. The Mayor said that on the!advice-of Counsel she would'preside.at'.the.discussion of time frames within which to enact the decision of the Council made at a previous meeting chaired by the Mayor pro tem, in which the Mayor did not participate. (X) A proposed resolution of the City Council of the City of Rolling 0 Hills revoking Conditional Use Permit No. 212, and a proposed time T -i schedule for enacting the removal of equipment, developed by staff at CD the direction of the Council, were presented by the City Manager. Mr. [� Smith said the tower will be removed on the order of the FAA, and the Q equipment on it will be removed to a steel tower on adjoining.proper.ty. With regard to removal of the transmitter accessory building, time frames have been established, depending on weather conditions, for the temoval:'..of the .:s.tructur.e.- after . equipment. ­has'.�b.een.:removed; City Attorney wrote to the Federal Aviation Administration on Octo- ber 28, 1983, advising that the City of Rolling Hills strongly supports a transfer of the building from the site within the City to a site on the property administered by the Federal Aviation Administration, In a reply dated November 22, 1983 Elizabeth Rollins, Realty Specialist, advised -that it has. been determined that the best interest of the' Government will not be served by construction of new building space by'Advanced Electronics within the Government's San Pedro Hill facility. The Manager said it is possible that relocation of the building to the Federal property could be considered a continuation of an existing use., rather than an expansion or new use, if all equipment could be contained within the existing building on the Federal property. Councilman'Heinsheimer said that the letter from the FAA indicates that additional b.uildr;g.space.for.,Advanced Electronics would not be permitted, but it did not address whether the equipment from the trans- mitter building could be placed within an existing building on the Government site. The Manager said staff was requested to contact the FAA to see what could be done, and the Council has received their re- sponse; however, he said relocation of an existing building would not be an expansion of use. Further, -,the Manager explained that a new steel tower has been.constructed and is being tested; when that is complete the equipment from the pole tower in Rolling Hills will be moved onto the new steel tower, together with equipment from towers in Rancho Palos Verdes. When all transfers have been made and test- ing has been completed, the tower in Rolling Hills and one or two towers in Rancho Palos Verdes will be removed, and all equipment will be'consolidated on the new tower on the Federal property. Council- woman Swanson said she considers the letter from the FAA specific in stating that they will not consider additional transmitting facilities on their property. Councilman Pernell said the FAA is not a party to the Council's deliberation or actions. He said the Council is con- cerned with developing an equitable arrangement for removal of all equipment and the building, and has asked staff to investigate the technical aspects of moving the equipment.to another site. Mr. Smith said the FAA has indicated that they will allow transfer of antenna to the new tower on an individual basis, with testing at the time each dish is moved. The City Attorney said information provided him indicates that transmission equipment contained in the existing building can be removed within nine months, according to Morley Mendelson, attorney for Advanced Electronics. Councilman Heinsheimer asked whether that projection includes any information -2- November 28, 1983 regarding the adequacy of space inside the building on the FAA property. Mr. Jenkins said that was not addressed; he was informed that it would take approximately nine months to complete the trans- fer. Further, he said the location to which it was to be transferred was not part of the Council's action. Councilman Pernell agreed, and he said it was Council action to order the equipment removed; it is the responsibility of persons with technical knowledge to determine how and where it is to be moved within the time frame determined by the -Council. Councilwoman Swanson asked whether it would be possible to move the equipment from the building at the same time the dishes are transferred from the pole tower. The Manager said that although it would be possible physically, it might not be operationally desir- able. Councilwoman Swanson asked what administrative steps can be taken if the building is not removed within the time frame established by the Council. The Manager said it would become a legal question at that point, since failure to comply with the City's ordinances would be a violation, and would be handled as any other violation. Councilman Pernell said the Council should consider possible pursuit of the revo- cation of the permit in a legal sense, and he suggested that a flow chart be developed with a reasonable time for removal of the tower and the building after removal of the equipment. The City Attorney recom-.- mended that the time frames be developed for removal of the structures, and not removal of the equipment on the tower and in the building, so the City would not be left with the structures after removal of the equipment. With the consent of the City Attorney Councilwoman Swanson asked Mr. Mendelson when it is anticipated that the antennas will be moved to the new tower. Mr. Mendelson said the new tower has been con- structed, but Advanced Electronics cannot start to transfer any equip— ment until advised by the FAA to do so; he said it is hoped that the transfer can be done in about six months. Councilman Pernell asked Mr. Mendelson to comment on Mr. Jenkin's statement that the equipment could be moved within a nine month period. Mr. Mendelson said he told Mr. Jenkins it could be done in that time, but that did not include demo- lition of the communications building. Mr. Mendelson said the facility on the Federal site is fully loaded, and there is no space for addition equipment. Councilwoman Leeuwenburgh asked whether a requirement for restoration of the property should be included. The City Manager said restoration of property to original condition is a condition of the demolition permit. Councilwoman Swanson said that based on representations by Mr. Mendelson that it will take approximately six months to transfer and test the antennas, and that the equipment can be removed from the building within a nine month period, she wished to propose that the Council require that the work be done concurrently, with the support equipment removed as each individual antenna is transferred, and that completion of all work, including transfer of antennas, removal of.. equipment and demoliton of the transmitter building be accomplished by August 1, 1984, and she suggested that the proposal be added to, the resolution before the Council. The City Attorney said Advanced Electronics has indicated that there is no room in the existing build- ing on"the Federal siteJfok their equipment, and the FAA has indicated that permission to build a new building or expand the building on that site is not forthcoming; therefore a requirement that the dishes and equipment pertaining to those dishes be removed simultaneously would, in effect, eliminate the operation, or could delay moving the dishes, since there is no place to move the equipment to. If the dishes are moved to the new tower, the pole tower can be removed,'and the dishes can remain operational while Advanced Electronics attempts to find a suitable location for the other equipment housed in the building. Councilwoman Swanson suggested that the City attempt to negotiate with the FAA to attempt to achieve simultaneous removal. Mr. Jenkins said that could provide a reason for Advanced Electronics to delay moving the dishes from the pole tower, which is the most offensive aspect of the present situation, and the negotiations might not succeed in the desired results. Councilman Heinsheimer said the costs and benefits of all proposals should be considered, stating that removal of antennas to the steel tower and removal of the pole tower at the earliest date possible will be beneficial with regard to safety and esthetics, and might reduce some of the interference with television reception. It has been stated that the existing transmitter building in Rolling -3- 465 November 28, 1983 Hills is only 1/3 full, and the existing building on the Federal property is completely full. Councilman Heinsheimer suggested that the FAA might be amenable to a small addition to the existing build- ing to house Advanced Electronics equipment, which would also address their stated concern about more reflective surfaces which could be a result of construction of a new building to house the equipment, since a modest addition to one building and removal of another building could possibly eliminate or reduce the overall problem of reflection and false radar targets. He suggested that the Council require, that the tower be removed in six months, or June 1, 1984, and leave the date for removal of the accessory building open for further discussion until the best plan can be developed for removal. Councilwoman Leeu- wenburgh asked the City Attorney about the legal risk of the Council dictating to Advanced Electronics how they are to go about dismantling the tower and transferring their equipment. Mr. Jenkins said the City Council should not become technical in their directions regarding com- pliance with the conditions of revocation of the Conditional Use Permit. Councilman Pernell said the tower should be removed as soon as possible and the tenant should be given a reasonable time to comply with all requirements without being given an open timetable. Councilman Pernell 00 proposed that the Council require removal of. the tower in six months, 0 or June 1, 1984, and that Advanced Electronics be given three months to find an alternate site for the equipment, and six months to remove m the equipment to a new site, which would require completion of the removal in fifteen months, or by March 1, 1985. Councilwoman. Swanson said that would be too long, since the Planning Commission revoked Q the Conditional Use Permit in March 1982, andshe stated that she is opposed to the plan proposed by Councilman Pernell. Mayor Murdock suggested that the search for a new site and transfer of equipment could be undertaken simultaneously with removal of the antennas and tower, and she said they should be concurrent, rather than giving Advanced Electronics time to start a search for a new location after the first step has been completed. Councilman-Pernell asked whether the progress could be monitored. The City Attorney said a schedule could be established on a percentage basis, or the`pro.gress-.could-be monitored, and Advanced.Electronics could be reminded on a regular basis of the required date for completion. Councilman Heinsheimer said a final date could be inserted in the resolution, and Advanced Electronics could be asked to submit a compliance plan to.staff.. Mr. Jenkins said such a compliance plan could be referenced in the re- solution. Following the discussion Councilman Pernell moved that.Resolu- tion No. 522 be adopted with dates inserted in Section 7 as follows: "on or before June 1, 1984" with reference to the tower, and "on or before December 1, 1984" with reference to the transmitter building. The motion was seconded by Councilman Heinsheimer. Councilwoman - Swanson offered a substitute motion to include the words: "in com- pliance with the schedule submitted by stuff, as discussed at the City Council meeting on November 28, 1983". The motion was not seconded, and Mayor Murdock stated that the original motion would stand. The City Attorney reviewed the resolution, noting minor changes made after submittal of the original resolution. Further, Mr. Jenkins said he had advised the Mayor that it would be appropriate for her to participate in the discussion concerning enforcement and removal, since there would not be any problem of conflict, because the matter was entirely new and was not before the Planning Commis- sion during the Mayor's membership on that body; however, the City Attorney suggested that the Mayor not vote on the resolution which sets forth the action of the City Council sitting as Board of Zoning Adjustment and Appeal.at the meeting.on October 24, 1983. Councilwoman Swanson said she thought that by their action the City Council was not providing any. -.safety measures to the City for enforcement of time limits, and it was her opinion that a method for monitoring should be included in the resolution. The City Attorney said the City should monitor the progress, and if desired, the staff could be directed, by motion of the Council, to monitor the progress on.a regular basis. Councilman Pernell said he would amend his mo- tion by adding to Section 7 of Resolution No. 522 the words: "Staff will monitor in compliance with this schedule, and report regularly to the City Council". Councilman Heinsheimer seconded the amendment. IEM November 28, 1983 The Amendmeht.to the motion was adopted on the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson NOES: None ABSENT: None ABSTAINED:' Mayor Murdock, RESOLUTION NO. 522 Resolution No. 522 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REVOKING CONDITIONAL USE PERMIT NO. 212, as amended, was adopted and reading in full was waived, on the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson NOES: None ABSENT: None ABSTAINED : " Mayor 'Murdock RECESS Mayor Murdock recessed the meeting at 8:55 P.M. The meeting was reconverted at 9:00 P.M. CITY HALL AND TENNIS COURT LANDSCAPING PLANS WITH BRICK WALKWAYS 1320 Mayor Murdock opened discussion of proposed City Hall and Tennis Court landscaping, including brick walkways, which was held at the last meeting for discussion at a joint meeting of the Council and Board of Directors and for presentation to the Women's Club. The City Manager advised the Council that,.a"check from the Women's.Club made to Armstrong Nursery for purchase of $300 worth of Olympic roses to be planted in front of City Hall was presented as the Club's con- tribution to the beautification project. The Manager said the .did.cussed the gift with the Chairman of the Landscape Committee, and she agreed that the money should be used as designated. It was the Manager's recommendation that a plan for landscape improvements be developed for presentation to the Council, with a recommendation for timing and a cost estimate. Councilwoman Swanson asked whether there was any indi- cation of monetary help from other organizations in the community. Mayor Murdock said that at the joint meeting of the Board and Council members of the Board indicated that they wished to see the final pro- posal, including costs, before making any commitment regarding parti- cipation in the funding. GENERAL 14LTNICIPAL ELECTION, APRIL 10, 1984 1360 The City Manager reported that the mandated General Municipal Election will be held in the City on Tuesday, April 10, 1984,1and resolutions have been prepared pursuant to the Elections Code, for. adoption by the City Council. Councilwoman Leeuwenburgh moved that:. the titles of the resolutions be read into the record, reading in full be waived, and that the resolutions be adopted as follows: RESOLUTION NO. 519 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELA- TING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984 RESOLUTION NO. 520 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,CALLING AND GIVING NOTICE OF THE HOLDING _• OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY,' APRIL 10, 1984 FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES -5- November 28, 1983 467 RESOLUTION NO..521 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984 The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: None ABSENT: None MATTERS FROM THE.CITY MANAGER 1427 UPDATED MUNICIPAL CODE SECTIONS Co The Manager distributed updated sections through Ordinance 20.1 O to. .be.inserted.in the Municipal Code. OFFICE OF EMERGENCY SERVICES m m The Manager presented a copy of the California Earthquake Response Q Plan, prepared by the Office of Emergency Preparedness of the .State of California, with a request that agencies review the plan, and he asked that members.of the Council review it in the office., so that comments can be forwarded to the State before January 1, 1984 as requested. CITY TREASURER VACANCY . The Manager reported that no appl.iaations have been received for appointment to the position of City Treasurer, and that applications will be -received through November 30. SOUTHERN CALIFORNIA EDISON COMPANY The Manager zr.eported'�Mr.Ted Porter, Area Manager for Southern California Edison Company, had provided a draft letter to be sent to the Federal Power Commission requesting that the Edison Company be permitted to renew their license for hydroelectric facilities. Mr. Porter has advised that Edison Company will assist in preparation of -the letters, if.members of the Council wish to respond on an indi- vidual basis. COATES PROPERTY ON SOUTHFIELD DRIVE Mr. Smith reported that a Chain of Title Search has been completed on property on Southfield Drive and it has been determined that the property was under one ownership during the proceedings before the Planning Commission and City Council, with no conveyance under trust to another party or parties, Further, the Manager said it has been determined that no comment or commitment was made during proceedings before the Planning Commission and City Council that the parcel was not buildable. The owner of record during the times de- scribed by the Manager was Mr. F. C. Coates. Councilman Heinsheimer asked that the Community Association be advised that the statements made to the Board of Directors about. owner.ship:.ot an adjacent parcel, which was contained in minutes of the Board meeting were distributed to all bodies of the City and Association, and the building permit for Lo.t.2 was approved on the understanding that the building site on Lot 3 had been eliminated based on statements made before the Board by the owner. Councilman Heinsheimer moved that the staff be instructed to not issue any building permits for Lot 3 until the matter has been resolved by clarification of a representation made to the Board of Directors on April 19, 1979. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: 16 8 November 28, 1983 AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: None ABSENT: None The City Manager was directed to discuss the matter with staff. of the Community Association, determine what submittals have been made to the Architectural Committee, and report back to the Council. INTERPRETATION OF FRONT YARD DEFINITION The Manager said there has been confusion between the City and the Community Association regarding front yard setback requirements and the definition of a front yard in the Municipal Code. In a matter before the Architectural Committee the need for a front yard variance has come .before the City, and because of problems caused by interpre- tation, and time constraints on the remodeling, which was approved.-*.-' and is ready for construction, the Manager reported that a special meeting of the Planning Commission will be held on December 2, 1983 and he recommended that the fee for variance application be waived in this case. A motion to waive the fees for Dr. Arthur Diamond, 16 Eastfield Drive, as recommended by the City Manager, was made by Councilman Pernell, seconded by Councilman Heinsheimer and carried by the following roll call -vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: None ABSENT: None PALOS VERDES LIBRARY DISTRICT In a letter to the Mayor, Robert Conover, Director of the Palos Verdes Library District, invited the Council to join the Peninsula Friends of the Library and other members of the community on Friday, December 9, 1983 at the Library to honor retiring Library Board mem- bers Dr. George J. Gleghorn, Mrs. Nancy L. Dale and Mrs. Marilyn Stevenson. Councilman Pernell said he would attend the event, and staff was directed to have appropriate plaques prepared for present- ation. MATTERS :'FROM THE''CITY COUNCIL NEIGHBORHOOD WATCH PROGRAM Councilwoman Leeuwenburgh reported that the Women's Community Club will initiate a Neighborhood Watch Program in January when the new Board takes over, and she suggested that the City Manager meet with the incoming president and a member of the Sheriff's Department. RELOCATION OF CESSPOOL ON DOAK PROPERTY 1676 The City Manager said he has discussed the matter with Mrs. Doak and her contractor regarding relocation of the cesspool as recommended by Arthur Keene, County Supervising Geologist. Mr. Smith said the installation will be made outside of the slide area, and all flow will be away from the slide. Councilwoman Swanson moved that the City Manager be directed to give all possible assistance to Mr. and Mrs. Doak in complying with the County's requirements, and that fees in connection with compliance be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: None ABSENT: None IWA 1 November 28, 1983 CITY OF RANCHO PALOS VERDES 469 An invitation from the City Council of the City of Rancho Palos Verdes to participate in honoring Ken Dyda and Barbara Hein for their service as former members of the City Council on December 11, 1983 at Hesse Park was presented to the Council. The staff was requested to have appropriate plaques prepared for presentation to Mr. Dyda and Mrs. Hein. Councilwoman Leeuwenburgh said she will attend the event. CITY SELECTION COMMITTEE Mayor Murdock reported that the City Selection Committee will meet on Thursday to select two members for an opening on the Coastal Commission, and letters have been received from the cities of Santa Monica and Hermosa Beach, asking for support of their candidates, and from the Mayor of Avalon, promoting his own candidacy. Council- woman Swanson moved 8up.port.of the candidates from Hermosa Beach and Santa Monica. Following further discussion the Mayor was delegated to attend the meeting and to vote on behalf of the City Council. 00 ADJOURNMENT , Mayor Murdock adjourried the meeting at 9:55 P.M. to meet next Co on Monday, December 12, 1983 at 7:30 P.M. m �-- APPROVED': Mayor we City Clerk