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2/14/1984• a• MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 14, 1984 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. Tuesday, February 14, 1984. Monday, February 13 was a legal holiday. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock Councilman Pernell (arrived at 8:00 P.M.) June Cunningham Richard Esposito Ron Molendyk B. Cleveland E. Hankins W. Howe L. Lusk B. Raine City Clerk Palos Verdes News Observer a Residents The minutes of a regular meeting on January 23, 1984 were approved and accepted as written on a motion made by Councilwoman Swanson, sec- onded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell The minutes of an adjourned meeting on January 30, 1984 were ap- proved and accepted as written on a motion made by Councilwoman Leeu- wenburgh, seconded by Councilwoman Swanson and carried by the follow- ing roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell PAYMENT OF BILLS 465 Councilwoman Swanson moved that Demands No. 11560 through 11597 in the amount of $73,585.85 be approved for payment.from the General Fund. The motion was seconded by Councilwoman Leeuwenburgh and car- ried.by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell FINANCIAL STATEMENT 472 Councilwoman Swanson reported that she had reviewed the Finan- cial Statement for December 1983, which was held from the January 23, 1984 Council meeting, and moved that the statement be accepted and approved as presented. The motion was seconded by Councilman Heins- heimer and carried by the following roll call vote: February 14, 1984 AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell BURGLAR ALARM RESPONSE REPORT 525 A staff report advised the Council that Ordinance No. 202, adopted on September 12, 1983, provides for a service charge to be billed to and paid by the owner of an alarm system for each response to an activ- ated alarm, and that the charge was developed on information provided by the Sheriff which estimated that 33 minutes are required to respond and investigate each incident, based on the cost per Sheriff's unit. In December, 1983 letters were sent to 10 residents requesting payment of $42.50 per incident for 13 response incidents and only one check was received, and was returned, because there was some confusion due to a letter sent to the residents by the Sheriff's Department which referred to false alarms. Because the intent of the ordinance was to - charge for each response, the matter was scheduled for discussion at the first meeting in February 1984. A list of responses through Janu- ary, 1984 indicated that 43 responses were made to 29 residences since the ordinance was adopted, and no charges have been collected. The City Clerk reported that a definition of False Alarm is contained in paragraph (e) of Section 9.36.010 of Ordinance No. 202. In discussing the matter members of the Council agreed that the reference to false alarm should be deleted from the ordinance. Methods of collecting charges, including assessing the owner on the City tax bill, going through small claims court, or direct billing of charges by the Sheriff were discussed, and the Mayor asked that it be on the agenda of the next meeting, and that an amendment be prepared which would delete any reference to false alarms from the ordinance. OPEN AGENDA (Councilman Pernell arrived at 8:00 P.M.) The Mayor announced that the meeting was open to comment from any person in attendance who wished to address the Council. FIRE FLOW REQUIREMENTS Mr. William Howe, contractor for Mr. and Mrs. Larry Delpit, owners of property at 45 Saddleback Road, advised the Council that house plans for the property were approved in June, a grading permit was issued in July, and a Conditional Use Permit for a tennis court was approved by the Planning Commission. When he applied for the _- building permit, Mr. Howe was advised that the required fire flow of 1250 gallons per minutes could not be met; that flow tests indicate the flow is 1170 gallons per minute. Mr. Howe said the subject lot is part of a recent subdivision, and when a new hydrant was installed as part of the 1976 subdivision the water.system was brought up to.. the City's requirements, and in 1978 the Water Ordinance Department of Los Angeles County tested the flow at 2100 gallons per minute for five hours, prior to release of a bond to the subdivider. Mr. Howe said that when the lot was created all requirements were met, and he asked what could be done about the reduction in flow, stating that - subsequent development development might have reduced the available flow. Mr:; - Howe said, further, the inspector at the Fire Department had indica- ted that they permit a 10% allowable variance, and the 1170 flow is within that limit. Mayor Murdock explained that matters presented to the Council. during the Open Agenda portion'of the meeting are referred to'staff for investigation and report, and are not acted on at the meeting:. Councilman Pernell asked the City Attorney what the City's liability would be if the Council waived the conditions which are a requirement of the General Plan and current ordinances. Mr. Jenkins said the Council should rely on expert advice, which in this case is the Fire Department. Councilman Heinsheimer said it is inconceivable that the flow has dropped from 2100 gpm to 1170 gpm in five years, and he suggested that the applicant request data from the Fire Department. -2- o February 14, 1984 Councilwoman Leeuwenburgh said there is another lot in the subdivision, also owned by Mr. and Mrs. Delpit, and she said an effort should be made to determine the fire flow in the entire area, and what the effect will be when that lot is developed. Councilman Pernell said no compromise should be made, and he suggested that the contractor attempt to find out why the fire flow has diminished in so short a time. Mr. Howe was directed to bring further..information to the next Council meeting. Mr. Lowell Lusk advised the Council that he is the architect for owner of property at 58 Saddleback Road, and when he attempted to obtain a building permit he was advised that the fire flow on that property, approximately 1/4 mile above the Delpit property, is 1215 gallons per minute. Mr. Lusk said he, too, was advised by the Fire Department that a variance of 10% is permitted, unless the City Council requires that the established fire flow requirement be met. Further, Mr. Lusk said that in areas other than Rolling Hills, 750 gallons per minute is required. Finally, he suggested that the fire ()C) flow should be determined for each property before.any development 0 is initiated;including preparation of plans. Councilwoman Swanson said the City has a map which shows the m fire flow of all hydrants, and she suggested that the map be reviewed CO and an attempt be made to bring all systems up to the required flow. Q CHANGE IN REQUIREMENTS RE: BASEMENTS 965 Mr. Bart Cleveland advised the Council that he is in the process of developing Lot 96-2-RH, a newly created lot located at 2 Pine Tree Lane, and the house is a single story residence with a basement, which was designed to conform to the topography of the lot and was.approved by the Architectural Committee. Mr. Cleveland said there is a small area available for a swimming pool, and access :to the pool is through the basement level. The approved plan has french doors and two windows, and requirements adopted after the plans were approved by the Associa- tion and submitted to the County for plan check,.in ordinance No. 203 limits basement access to one standard door opening not to exceed 3' x 6'8", and prohibits.any other exterior openings, sun lights or similar devices. Mr. Cleveland said that because the ordinance became effective after his plans.were submitted, he wished to request that the Council waive the requirement in this case. Mayor Murdock said it is her understanding that plans are required �to conform to any ordinances in effect at the time the building permit is issued. The City Attorney agreed, and said the variance procedure is available for plans that do not conform with the Zoning Ordinance, including new laws adopted while the plans are in plan check. Mr. Jenkins said the Council could adopt an ordinance which would provide a policy to "grandfather" a change, but it was his opinion that a variance would be simpler, since an ordinance amendment is the way a policy could be adopted which would permit the owner to proceed with plans as approved, even though the laws change during the process, unless the owner is vested, and he explained that vesting means that the building permit has been issued and the foundation has been con- structed. Councilwoman'Leeuwenburgh asked when the subdivision -which created the lot was approved, and the Clerk reported that the final map was recorded on July 28, 1983. Mr. Cleveland said his plans • , were approved and the final map was recorded before the ordinance -was adopted. Members of the Council agreed that amendment of the ordinance to provide for grandfathering would be a lengthy procedure, and Mr. Cleveland was advised to apply for a variance if he wished to keep the features shown in his plan. RESOLUTION NO. 523 1178 Councilwoman Swanson moved that Resolution No. 523 entitled: -3- February 14, 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS IN SUPPORT OF ASSEMBLY BILL 2227 (FELANDO) WHICH EXEMPTS PUBLIC LIBRARIES FROM, SALES AND USE TAX ON THE RENT OR LEASE OF VIDEOCASSETTES, VIDEOTAPES OR VIDEODISCS AND ALSO EXEMPTS PUBLIC LIBRARIES FROM STATE AND LOCAL TAXES ON ANY SALES OF PHOTOCOPIES SOLD THROUGH A COIN-OPERATED MACHINE 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 Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: None Mayor Murdock said the resolution was prepared in response to a request by the Director of Palos Verdes Library District, and because it will provide local benefit.. MATTERS FROM THE CITY COUNCIL RANCHO PALOS VERDES, LETTER.DATED JANUARY 24, 1984, RECREATION PROGRAM In a letter to the City Manager Mr. Donald Guluzzy, City Manager of the City of Rancho Palos Verdes advised that his City's Leisure Services Department conducts recreation programs for developmentally disabled youth and young adults, with participation by citizens of Rolling Hills.. Mr. Guluzzy stated that Rolling Hills residents represent 1% of the enrollment, and asked that the City share pro- portionally in the $15,247.00 personnel costs for the program by contributing $152.47 for calendar 1983. Following discussion, Mayor Murdock said she would discuss the matter at'a meeting of the mayors of Peninsula cities, since it was not agreed in advance that the par- ticipating cities would be billed to recover personnel costs for the program. SCHOOL DISTRICT SITE Mayor Murdock reported that the School District site on Crest Road West has been vacated, and information has been conveyed to the Board of Education by the Rolling Hills Community.Association with regard to accepting the site into the Community Association, and Mrs. Rose Lachman, President, will appear before the Association Board at the next meeting. The Mayor said the Fire Department has expressed some concern about the potential for vandalism on the site, since it has been well publicized that the School District offices have been moved, and she suggested that the School District be contacted and asked about security measures. Councilwoman Swanson asked how the site was acquired; whether by eminent domain or by inverse condemnation, explaining that she has been advised that the City has the right of first refusal if the property is offered for sale, and if it was an eminent domain acquis- ition, the price at the time of the acquisition is the price at which it would be offered to the City. Members of the Council agreed that the acquisition of the property should be researched. PROPOSED CLOSING OF SOUTH GATE The Mayor said she has been advised by Community Association counsel that the Board of Directors is considering constructing a permanent structure across Crest Road at the easterly boundary of Rolling Hills to permanently eliminate access to the City from that.. point. The Council was notified so input could be requested from , the Sheriff and Fire Department, in the event that the Board decides to proceed PROPOSED THREE -CITY EQUESTRIAN COMMITTEE Mayor Murdock reported that Mayor Bacharach of Rancho Palos Verdes advised her that at their meeting on January 23, 1984 the Rancho Palos Verdes City Council approved in concept formation of -4- 491 February 14, 1984 A three -city equestrian committee to work in cooperation regarding trails used by residents of the cities. The Mayor said the matter would be discussed at the Mayors' meeting, and she would report to the Council. TRAFFIC COMMISSION RECOMMENDATIONS 1328 Councilwoman Leeuwenburgh, Chairwoman of the Rolling Hills Traffic Commission, advised the Council that the Commission met on January'25, 1984 and made the following recommendations: 1. Installation of "Stop" sign to replace "Yield" sign and painted stop advisory signs in road on Eastfield.Drive in the visitors lane at Eastfield Gate entry to Rolling Hills. 2. Installation of reflectors on both sides of all gate arms at each City entrance and exit. 3. Approval of new driveway access and removal of two existing driveways on the Riegel property at 2 .Cinchring Road. - 00 O 4. Denial of request for three -.driveway entrances to the A Juge property,.61 Eastfield Drive. Plans for proposed remodel m of property .were referred to Architectural Committee and Plan - Co ping Commission because of extensive deviation from development Q standards of the City and Association. 5. ,Denial of proposal for circular driveway on Cary property, 6 Johns Canyon Road, because of proximity to proposed roadway, existing roadway and.intersection. With regard to Condition No. 5, Councilman Heinsheimer said the property originally had a circular driveway, but the most recent own- er of the property planted flowers in.a portion of the unpaved gravel drive, limiting it to one access. Councilman Heinsheimer said.he, wished to call the Commission's attention to the fact that if the Commission approved the request, the driveway would be returned,.to. the original configuration. Chairwoman Leeuwenburgh said the Traffic Commission did not have that information. 6. Bushes and trees on Zila.property, 39 Crest Road, West; Leake property, 2 Crest Road West and Heckman property,�,88 Crest Road East to be pruned to increase sight distance. 7. Approval of roadway striping plan for Portuguese Bend Road South to be the same as existing, after relocation of road- way in slide area, with reflectors at curve near 62 Portuguese Bend Road and reduction of speed limit at the curve from 15 mph to 10 mph. In discussing the recommendations, Councilman Pernell asked how recommendations for trimming of overgrown shrubs and trees would be enforced. He suggested that if property owners ignored requests to trim overgrown bushes that impair visibility and are a safety hazard the City have the work done if the hazard is in the easement, and . bill the property owner. Councilman Heinsheimer suggested that a written policy be developed, to be sent with the request to trim the overgrowth. Councilman Pernell suggested that the scope of the Traffic Com- mission be expanded to include pedestrians and equestrians, since the numbers of walkers and joggers is increasing and road safety is a concern, because overgrown foliage forces both riders and joggers to go into the road. Councilwoman Swanson suggested that a notice be placed in the Newsletter asking residents to trim bushes and trees. Councilwoman Leeuwenburgh said a portion of Portuguese Bend Road South, in the Flying Triangle area, has been completed, and she suggested that members of the Council visit the area. -5- February 14, 1984 Following the report by the Chairwoman of the Traffic Commission Councilman Heinsheimer moved that the recommendations be approved. The motion was seconded by Councilman Pernell and carried by the fol- lowing roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: None PARTIES IN VACANT HOUSES 1544 Councilman Pernell said parties held in vacant houses are becoming a problem in Peninsula cities, including Rolling Hills, and he suggest- ed that residents be alerted in the Newsletter, with a request that residents notify City Hall and the Sheriff of any vacant houses in their neighborhood. NEIGHBORHOOD WATCH PROGRAM 1579 Councilwoman Leeuwenburgh reported that she had met with two representatives of the Rolling Hills Womens's Club and the.Sheriff to discuss the proposed Neighborhood Watch program which will be started in the community with the assistance of the Womens' Club. TREE TRIMMING IN CRENSHAW AREA OF RANCHO PALOS VERDES Councilman Heinsheimer suggested that Mayor Murdock discuss with the Mayor of Rancho Palos Verdes the unsightly trimming of trees that was done on Crest Road near Crenshaw Boulevard just outside of the City of Rolling Hills. ELECTION UPDATE 1612 The City Clerk reported that the two incumbent members of the City Council filed nomination papers at the Municipal Election in. April, and no other papers were taken out. Notice that insufficient candidates have filed for office was published in the Palos Verdes Peninsula News, as required by law, and the City Attorney advised the Council of the alternatives available under Section 22843.5 of the Elections Code. RESOLUTION NO. 524 Councilwoman Leeuwenburgh moved that Resolution No. 524 en- titled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, APRIL 10, 1984 be adopted, and that reading in full be waived. The motion was seconded by Council- man Heinsheimer and carried by the following roll call vote: I AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: None By action of the Council the election scheduled to be held on Tuesday, April 10, 1984 was cancelled, and Thomas F. Heinsheimer and Godfrey Pernell were appointed members of the City Council for a term of four years, to take office and serve exactly as if elected at a municipal election for the office. Councilman Heinsheimer suggested that the Council again consider changing the date of the Municipal election to correspond with the School District and Library District elections. RECESS TO PERSONNEL SESSION Mayor Murdock recessed the meeting to a Personnel Session at 9:30 P.M. ma • a� 493 February 14, 1984 MEETING RECONVENED The meeting was reconvened at 9:50 P.M. APPOINTMENT OF NEW CITY MANAGER Councilman Pernell, personnel officer for the Council, reported that after a thorough process.of recruitment and interviews, he wished to move that the Council approve his recommendation that Ron Molendyk be hired as City Manager. The motion was .seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: None ADJOURNMENT The meeting was adjourned at 9:55 P.M. to Monday, February 27, 1984 at 7:30 P.M. APPROVED: 9! .74tht�L Mayor -7- City Clerk