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7/9/1984U) LL m Q 59 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 9, 1984 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 1 Portuguese Bend Road, Rolling Hills, California by Mayor Leeuwenburgh at 7:30 p.m. Monday, July 9, 1984. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Heinsheimer, Murdock, Swanson Mayor Leeuwenburgh Councilman Pernell (arrived at 7:55 p.m.) Ron Molendyk Michael Jenkins June.Cunningham Capt. E. Omohundro Leah Jeffries Jim Collis Douglas McHattie F. W. Hartwig Becky Raine Mrs. M. Wagner City Manager City Attorney Deputy City Clerk Sheriff's Lomita Station Field Deputy, D. Dana Office Chacksfield Merit Homes South Bay Engineering Corp.. Residents Councilwoman Swanson asked that the minutes of the meeting on July 2, 1984 be corrected to reflect that in discussing the Juvenile Diversion Project on page 4, she reported that 25% of the budgeted. allocation of funds for the project will be payable next month when the bill is received, and not that there will be a 25% 1n.crease'.as stated in the:minutes. The City Attorney said that on page 2, with regard to discussion'.of Zoning Case No. 289., S. M. Kim.. the record. should refer to Mr. Heinsheimer, rather than Councilman, since, as a neighbor of Mr. Kim, Councilman Heinsheimer stated for the record that he would abstain from discussion of the matter as a member of the Coun- cil, and that any comments made by him were made as a resident of the City and a neighbor of the applicant. The minutes were approved and accepted as corrected on a motion. made by Councilwoman Swanson, seconded by Councilwoman Murdock and carried unanimously. PAYMENT OF BILLS Councilwoman Murdock moved that Demands No. 160 through 181 and 11733, 11734 and 11735 in the amount of $6,878.54 be approved for ayment from the General Fund, that Demand No.. 177 in the amount of p$3,552.55 be approved for payment from the Fire and Flood Self In- surance Fund, and that Demand No. 159 be voided. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock, Swanson Mayor Leeuwenburgh NOES: None ABSENT: Councilman Pernell FINAL MAP, TRACT 33871, CHACKSFIELD MERIT HOMES 912 Mayor Leeuwenburgh opened discussion and review of the final map for Tract 33871, a subdivision of twenty acres in Rolling Hills between Crenshaw Boulevard and Johns Canyon Road. The City Manager reported that when the tentative map was approved, the approval was subject to July 9,'1984 compliance with 26 conditions. When the final map was submitted, a letter was also submitted asking relief from conditions No. 25 and 26. The City Attorney said that since the conditions were imposed follow- ing a public hearing, which was noticed as required by the Subdivision Ordinance, it was his recommendation that a public hearing be held on the request for relief of any of the conditions, such hearing to be duly noticed. The Mayor so ordered, and a public hearing was scheduled for the next meeting of the Council on July 23, 1984. Councilwoman Swanson said that since the conditions for which the applicant has requested relief pertain to trails in the subdivision, it was her opinion that the President and Trails Chairman of Caballeros should be advised of the request. Councilman Heinsheimer said it was his opinion that members of the Council should make a field trip to the site prior to the hearing to consider the request, and he suggested - that a letter be sent to Caballeros so they can have representatives at the field trip. Mr. McHattie said the Community Association would not accept the conditions imposed by the City Council, and the appli- cant is caught in the middle. The Engineer said every effort was made to comply with the wishes of the Council, and said a letter from the Trails Chairman of Caballeros and minutes of a meeting of the Rolling Hills Community Association Board of Directors were included in his material presented to the Council with the request for relief. With the concurrence of members of the Council,. Mayor Leeuwenburgh set a field trip for 8:00 a.m. Saturday, July 21, 1984, with members of the Council to meet at the intersection of Johns Canyon Road and.Morgan Lane, the new road access at the southerly portion of the tract, and the matter was held on the agenda. TRAFFIC COMMISSION RECOMMENDATIONS Minutes of a meeting of the Traffic Commission on June 28, 1984 and a staff report from the City Manager were reviewed by the Council. Mayor Leeuwenburgh, who is Chairman of the Traffic Commission, noted that in item 3 of the staff report, the recommendation for trimming bushes should include Portuguese Bend Road in the vicinity of Pine Tree Lane. Councilwoman Swanson asked whether the trimming is to be done by the City or by the residents, stating that trimming bushes -on a curve presents hazards. Mayor Leeuwenburgh said the residents, -.are being asked to trim the overhanging trees and bushes, and a policy -is being developed to establish a time limit for compliance. The Manager presented a map of the City marked to show the loca- tions discussed by the Traffic Commission, and advised that the follow- ing action was taken at the meeting: 1< A request for tour of three homes in Rolling Hills for the annual Miraleste High School Homes Tour on November 8, 1984 was approved. Residences selected: Katell, 27 Crest Road West; Thomas, 10 Chesterfield Road; Lennartz, 63 Crest Road East. The request was approved with conditions that: (a) residents in the area be notified by letter prior to the event, and (b) there will be no parking on Chesterfield Road. 2. Portuguese Bend Road South Traffic Engineer's report was accepted and instated as recommended, with 15 mph speed limit on Portuguese Bend Road south of Crest Road. Owner of property -at 51 Portuguese Bend Road to be contacted regarding trimming of bushes at intersection of Portuguese Bend Road with Ranchero Road. 3. Portuguese Bend Road North Traffic Commission recommended contacting homeowners to request trimming of bushes to eliminate sight distance problems when entering Upper Blackwater Canyon Rd. and Pine Tree Lane in a northbound direction on Portuguese Bend Road. 4. Enforcement - Middleridge Area by residents about speeding, the area Sheriff, and concentrated enforcement -2- Due to concerns expressed is to be discussed with the requested. 61 July 9, 1984 The Manager said a traffic engineering report prepared by Mr. Warren Sieke, Transportation and Traffic Engineer, recommending sign- ing in the slide area, was presented with the Traffic Commission's recommendations, and he explained that Mr. Sieke is a.professional traffic engineer who is qualified to advise on the proper legal°signs that should be posted in the slide area, and his recommendations .were accepted with the exception of -retaining the 15 mph speed limit on Portuguese Bend Road south of Crest Road. Councilwoman Swanson moved that the recommendations.to the City' Council by the Traffic Commission be approved and accepted. The mo- tiori was seconded by Councilwoman Murdock and carried unanimously. OPEN AGENDA DOUGLAS MC HATTIE, SOUTH BAY ENGINEERING CORP. 1118. Mr. McHattie said he wished to clarify a matter brought to his attention by the City Manager with regard to lot sizes as shown on (D the final map for Tract 33871. Mr. Molendyk said all lots.on the Lo tentative map comply with the requirements in the Zoning Ordinance, but on.the final map three lots are less than two acres net. Mr. McHattie said that since passage of Proposition 13, the County LL m Assessor, for purposes of taxation, deducts 25 foot easements from gross acreage to establish net acreage; the City requires that 10 Q foot easements be deducted, and Lots 1, 2 and 3, when figured ac- cording to the County formula, show less thantwo acres net. The City Attorney said it must be determined that the map meets the re- quirements of the Zoning Ordinance with respect to net acreage. Mr. McHattie was asked to discuss the matter with the City Manager and demonstrate that, using the City's method, the net acreage require- ments are met for all lots in the subdivision. FLYING TRIANGLE GEOLOGY PROGRESS REPORT 1150 A letter dated June 28, 1984 prepared by' -Robert Thomas, Engineer- ing.Geologist and approved by Arthur G. Keene, Supervising Engineering Geologist, presenting Status Report #2 on the landslide investigation of Flying Triangle East, Flying Triangle West and the Flying Triangle. Main Mass, was presented to the Council.. The Manager said that in response to a recommendation that the City contract the service of the County Engineer to establish and monitor a series of survey monuments located within the boundaries of the Flying Triangle West and Flying Triangle Main Mass Landslides, he has written to Mr. Keene and asked for an estimate of the cost. The Manager recommended that the Council receive the report for the file, and the Mayor so ordered. Councilwoman Murdock asked the Manager whether the pools on the Mokler or Dessy properties have been drained yet and the Manager said neither property owner has returned his call, but now that the.report has been accepted by the Council he will notify them in writing Mr. Molendyk said Mr. Clayton has advised that demolition of his home is progressing, but the progress is slow. Councilwoman Swanson said. that the property owners should be advised of the need to have the pools drained into tank trucks to be taken out of the city, rather than emptying the pools into the landslide mass, if that is the recommend- ation of the geologists. With regard to the Clayton property which has been a long process, Councilwoman Swanson asked whether the proper- ty is a hazard in its present condition. The Manager said Mr. Clayton - has advised that the contractor would resume work on Tuesday, July 10, and if there is not considerable.progress by Friday he will notify the County Department of Rehabilitation CASCADE TOILET FIXTURE Councilwoman Murdock.presented a news article about a Cascade toilet which uses one gallon of water per flush, and said she thought it'would be of interest and value to the community because of the low water usage. The City Manager said he has contacted a representative of the company and has requested additional information for.the City Council. -3- July 9, 1984 FOURTH OF JULY Mayor Leeuwenburgh reported that the Rolling Hills Picnic on Fourth of July was a success, and was well attended. In addition, the Mayor said she helped judge decorated bicycles in Palos Verdes Estates in connection with that city's Fourth of July observance. MATTERS FROM THE CITY ATTORNEY TRAFFIC ENGINEER'S REPORT The City Attorney said the record should reflect that the City Council does not in any way adopt or accept statements contained in the last paragraph on page 1 and the first paragraph on page 2 of the letter from Warren Sieke wherein he admits that the issue of liability is out of his area of expertise, then proceeds to give an opinion, and he recommended that Mr. Sieke be asked to submit a new letter, with those paragraphs deleted. The Mayor so ordered. INSTABILITY ON JOHNS CANYON ROAD 1270 Councilman Heinsheimer said that at the meeting on July 2, 1984 he informed the Council of land slippage problems at the site of new construction at 4 Johns Canyon Road, and in order to preserve the con- tractor's corrective work he suggested that if the final map for the Chacksfield Merit Homes tract is approved, consideration be given to requiring that heavy construction equipment to be used in development of the lots take access directly from Crenshaw Boulevard rather than. over Johns Canyon Road. ABSENCE FROM COUNCIL MEETING Councilman Heinsheimer said he will not be at the next regular City Council meeting on July 23. RECESS TO CLOSED SESSION Mayor Leeuwenburgh recessed the meeting to a closed session -at 8:15 P.M. MEETING RECONVENED The meeting was reconvened at 9:15 P.M. and the Mayor announced that the Council discussed potential litigation and no decision was made. ADJOURNMENT The meeting was adjourned to Tuesday, July 10, 1984 at 7:30 P.M. Cit Clerk d APPROVED: i��•y"22.uw0-cA-louv - 1� Mayor EL41 Lo LL m Q 63 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 10, 1984 An adjourned 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 Leeuwenburgh at 7:30 PM Tuesday, July 10, 1984. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Heinsheimer, Murdock, Pernell, Swanson Mayor Leeuwenburgh None .Ron Mal endyk Michael Jenkins June Cunningham Dirk Broersma Richard Esposito Marc Kamen City Manager City Attorney Deputy City Clerk Daily Breeze Peninsula News Resident PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT - CONTINUATION SCHOOL The City Manager reported that at the direction of the City Council he attended the meeting of the Board of Education following the City Council meeting on Monday, July 9, 1984. At the meeting the Board of Education, by unanimous vote, adopted a resolution declaring the zoning ordinance of the City of Rolling Hills inapplicable to the use of the La Cresta school site as a continuation school. Copies of the reso- lution were distributed to the Council. In response to questions by the Council, the City Attorney ex plained that as stated in the resolution, the school.board may, by a vote of two thirds of its members, render a city or county zoning ordi- nance inapplicable to a proposed use of property of such school district, as provided in California Government Code Section 53094. Councilman Pernell asked whether the Legislature took this action to resolve ear- lier conflicts, and the City Attorney said there were earlier conflicts and the Legislature enacted the statute to clear up this area of law. The remedy available to the City is to seek a writ of mandamus in Superior Court finding that the school district's action was arbitrary and capricious, Mr. Jenkins said. Councilman Pernell moved that the City Council direct the City. Attorney to prepare and file an appropriate legal challenge to the action of the Palos Verdes Peninsula Unified School District in over- riding the city's zoning ordinance. The motion was seconded bg Coun= cilwomah Swanson. In discussing the motion Councilman Heinsheimer said the burden: is on the Council to demonstrate that the school board's action was. arbitrary and capricious,and everything must be based on that. The - City Attorney said that is correct, and he said it is his opinion that there are several arguments that could be made challenging the action by the school board, and these will be pursued: Councilman Pernell said it was his opinion that any challenge to the ordinances must be resisted. Councilwoman Murdock said she agreed, and she said 'that the'Council in considering the application, felt it compromised the Zoning Ordinance, as reflected in the vote on the motion to deny. She said she is concerned that the Government Code supersedes the Municipal Code and she suggested that the Council consider seeking legislative relief in conjunction with any suits that.are°filed and discuss with legislators the problems that are developing in cities as -schools are closed. Councilman Heinsheimer asked if there is any way'.that the.costs to the City for filing a writ of mandamus can be estimated. The City Attorney estimated that the cost of attorney fees for preparation and filing the action, making an initial appearance in court would be $5,000' 15,000, with the higher figure taking the matter through a hearing in Superior Court, but that figure would not cover any costs associated with an appeal. by the other party. With 64 July 10, 1984 regard to time.,.schedule; Mr. Jenkins said he would estimate that a hearing would not be set, nor a determination made by the Superior Court before August 15, due to procedural requirements, including preparation of papers and respondent papers. Councilwoman Murdock asked where that would put the school district, explaining that it would be unfortunate for them to spend a great deal of money to re- furbish the site if it can not be opened in September as they plan. The Attorney said .the City Manager can put the school district on notice by advising them of the Council's action. rt Councilman Heinsheimer said the recent action by the school board affects only the use of the site by the school, and there is no threat of weakening the subdivision, zoning or other ordinances, since the City still controls zoning and subdivision. Mr. Jenkins said no,pri- vate person has similar powers. Councilman Pernell said he considers the school board's action an incursion, and he feels the Council should take an action. Councilwoman Swanson said the Municipal Code does not exempt the school district from complying with the City's ordinances. Councilman Hein-sheimer said two elected bodies have taken actions in opposition to each other, and he suggested that they try to work with each other rather than spending tax payers' money on an issue that doesn't have precedent value. Mayor Leeuwenburgh asked whether any resident expressed approval of the request by the school district for a continuation school. The Manager said none that he was aware of; it was noted that Councilman Heinsheimer, a resident, cast the only vote in favor of the request. The motion made by Councilman Pernell and seconded by Council= woman Swanson was carried by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Swanson, Mayor Leeuwenburgh NOES: Councilman Heinsheimer ABSENT: None ADJOURNMENT Mayor Leeuwenburgh.adjourned the meeting at 8:10 P.M. to reconvene at 8:00 A.M. Saturday, July 21, 1984 at the site of the Chacksfiel.d Merit Homes subdivision at the intersection of Morgan Lane and Johns Canyon Road. City Cle k APPROVED: l %A V% cl L"-tiv� u v e� 1�4ayor -2-